70-72 Avenida de la Playa 17480 Roses – SpainGeneral rental conditions
GENERAL RENTAL CONDITIONS
The "Rental of equipment" service is provided by PB ROSES 2024 S.L., CIF B75482596, under the trade name BICI N'ROSES. The rental conditions are an integral part of the rental contract concluded between PB ROSES 2024 S.L. (hereinafter referred to as the "Renter") and the customer (hereinafter referred to as the "Tenant").
The bicycle, its accessories and its basic equipment rented hereunder, taken alone or collectively, are hereinafter referred to as the "Rented Goods".
By accepting the general terms and conditions, the Renter confirms that he/she has read and fully accepts the rental conditions.
- The Tenant
The Hirer must be of legal age and able to ride a bicycle (with no medical contraindications).
In the case of minors, the legal guardian hereby undertakes to accept responsibility for any damage caused directly or indirectly by the minor as a result of the rental.
The Hirer declares that he/she holds personal liability insurance for the use of the rented equipment (VAE/VTC/VTT/Children's bikes/Accessories).
- Equipment reservation
The Renter can reserve the equipment offered for rental by PB ROSES 2024 S.L. via the website www.bicinroses.com and the Lokki platform, directly in store, by email to info@bicinroses.com or by telephone.
The reservation is effective only after confirmation by the Hirer by e-mail and the payment by the Hirer of the total amount of the rental.
- Rates
PB ROSES 2024 S.L. provides the Hirer with one or more bicycles and accessories at the rates applicable on the day the rental contract is signed. Prices are shown on the www.bicinroses.com website and at the rental point (depending on opening hours).
Rental rates are subject to change before each season.
- Payments and payment methods
The rent is paid by the Tenant under the following conditions:
- At the time of contract conclusion in the case of immediate availability of the leased Property
- At the time of order for on-site or website bookings
Payment by credit card or cash is accepted. Payment by cheque is not accepted. In the same way, any other sum due for the rental (possible extension of the rental not subscribed to at the start of the rental, repairs, etc.) are payable on return by credit card or cash.
- Material handling
The rented Goods are made available and collected at the Hirer's business premises, with the exception of customers who have opted for delivery of the rented Goods by the Hirer.
The Tenant takes charge of the rented Goods in good working order. It is the responsibility of the Hirer to make any complaints to the lessor when taking delivery of the equipment.
The lease takes effect when the Tenant takes possession of the leased Goods delivered to him/her.
- Terms of use
The Tenant undertakes to use the Leased Property himself/herself. Lending or subletting the Rental Goods is strictly forbidden.
The lessee is personally liable for any infringement of the Highway Code, as well as for any personal injury or damage to property caused by the use of the Leased Property in his care.
The Hirer strongly recommends that you wear a helmet. It is compulsory for children up to the age of 16. The Hirer acknowledges having received an approved helmet on loan from the Hirer.
The Renter may use the Leased Property on roads, cycle paths, carriageways and mountain bike trails (for mountain bikes only).
The Tenant undertakes not to use the rented Goods beyond their capacity. Technical data sheets are available on the reservation site.
On tours requested by the Hirer, the Hirer is in no way responsible for any incident that may occur on the route, whatever its origin.
Whenever the bicycle is not in use, the Renter undertakes to systematically attach the bicycle frame and rear wheel to a fixed support (post, barrier, etc.) using the anti-theft device supplied. The use of luggage racks is strictly limited and it is forbidden to carry a person.
Turns and descents must be negotiated with the utmost care, and the cyclist must remain in control of his or her speed at all times.
7. Rental period
This contract is only valid for the duration of the rental period. If the Tenant keeps the rented equipment beyond this period without having regularized his situation, he loses the benefit of the guarantees provided for in the contract.
Any late return will give rise to the application of a fixed penalty equal to the rate of one day's rental for each day's delay.
An extension of the rental contract is only possible with the agreement of the Renter before the end of the current rental contract. The Renter may refuse such an extension without giving any reason.
No refund will be made if the Tenant returns the Rental Goods before the end of the rental period.
- Equipment return
The Hirer is obliged to return the rented Goods to the Hirer at the end of the rental period defined in the rental contract and during opening hours. The Rented Goods and all accessories provided by the Renter (helmets, locks, etc.) must be returned to the Renter in perfect condition. If the Hirer has lost or damaged any accessories, these will be invoiced to the Hirer. Material damage will be billed at public rates.
- Property
The rented goods remain the exclusive property of PB ROSES 2024 S.L. for the duration of the rental. The rental transfers legal custody of the rented equipment and engages the Tenant's "civil liability" insurance in the event of theft and for all damage he/she may cause while using and holding the equipment, until the rented equipment is returned to the rental point.
- In the event of cancellation
- For cancellations made more than 48 hours before the start of the event, no reason will be given and the deposit will be returned.
- In the event of cancellation between 18h and 48h before the start of the service, the Hirer retains 50% of the deposit paid as compensation.
In the event of cancellation less than 18 hours before the start of the service, the Hirer retains 100% of the deposit paid as compensation.
Cancellation fees will not be paid in the event of illness duly justified by the Tenant.
- Insurance
Insurance is the responsibility of the Tenant. By signing the rental contract, the Tenant confirms that he/she has adequately covered the risks associated with the use of the rented Goods. The Rental Goods are not insured against theft or breakage.
- Assistance
The Tenant rents the rented Goods in perfect working order. He/she must ensure that the rented Goods (bicycle and/or accessories) are returned or repatriated to the original rental location.
- Obligation of the Renter
The Hirer offers the rented Goods in good working order and provides the Hirer with the equipment necessary for his or her safety: an approved helmet and a lock with key.
- Tenant's liability
The Tenant undertakes to use the Leased Property with care, without danger to third parties and in accordance with the Highway Code.
The Tenant declares that he/she is the holder of personal civil liability insurance covering the liability incurred in the use of the rented Property both by himself/herself and by persons in his/her care.
PB ROSES 2024 S.L. shall in no event be liable for any damage or loss suffered or caused by the Tenant during the use of the Rental Goods. Use in competition or for conduct analogous to a competition is prohibited.
In the event of accidental damage, loss, theft or improper handling of the Leased Goods, the Tenant is liable for the cost of repair and/or the replacement value of the Leased Goods at the prevailing public price.
- Security deposit
For all rentals, the Renter deposits a security deposit by credit card imprint, per bike rented. The amount of the deposit varies according to the model of bike and accessories. The amounts are indicated on the www.bicinroses.com website and at the rental point (depending on opening hours).
This deposit is not cashed during the rental period.
Upon return of the Leased Property, the security deposit is forfeited to the Tenant.
The Tenant authorizes the Hirer to deduct from the security deposit the sums due in compensation for damage and theft, and/or as compensation for late return of the rented Goods.
It is agreed that the amount of the security deposit shall under no circumstances constitute a guarantee limit, the Hirer retaining, where applicable, the right to sue the Hirer to obtain full compensation for his loss.
- Applicable law
This contract is subject to Spanish law. In the event of a dispute, a mediator may be appointed by the parties or by a judge beforehand, in order to compare the points of view of third parties and enable them to find a solution to the dispute themselves. This mediation can take two possible forms: conventional or judicial. In the event of mediation in the first instance and failure to resolve the dispute, the default court of jurisdiction will be that of the end Hirer of the equipment. By agreement, or in the event of different Lessees and possible victims of damage, a single common court may be determined by the courts.
