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Conditions générales
Bike Sant Pere
IMPORTANT INFORMATION
The rental item will be delivered in the morning between 9.00 am
and 11.00 am. If a reservation is made after 9.00 am for the same day, the
rental item will be delivered from 2.00 pm. However, this day counts as 1
rental day and will be charged in full.
The rental item will
be collected between 6pm and 8pm on the day of collection.
The following deposits
are required:
- Bicycles: Basic 100€ per Bicycles / Classic, Pro, Premium 200€ per
bicycle
- Trailers: 50€ per
trailer
Please have these
ready when we hand over the rental item.
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GENERAL RENTAL CONDITIONS
1.Contractual partner and contract duration
a.Contractual partner:
The landlord:
Bike Sant Pere S.L.U.
Carrer de San Sebastia, 43
17470 Sant Pere Pescador
UID: You areB13909577
and the tenant:
The person named in the booking confirmation.
The booking confirmation sent by the landlord to the tenant is legally binding Contract.
The bicycles named in the booking confirmation and other accessories will be made available to the tenant in a usable condition for the duration of the period specified in the contract.
The tenant pays the rental price in advance when concluding the contract or when handing over the rental items.
Payment is made via Stripe, credit card (Visa, Mastercard) or cash.
The prices in the price list valid at the time of rental are valid.
b.Contract duration and liability in the event of delay in the contract duration
The rental agreement is concluded for the period specified in the booking or rental agreement. The day of acceptance and delivery are each considered a full rental day. If acceptance and delivery fall on one day, this is only calculated once. In the event of a late return, the rental agreement will not be automatically extended. If the tenant does not return the rental property to the landlord by the end of the agreed rental period, the tenant is in default. The default costs are based on the valid price list and amount to at least one day's rent.
c.Delivery and collection of the rental property
The rental property will be handed over to the tenant on the first day of rental between 9 a.m. and 11 a.m. On the day of delivery, the rental property must be ready for delivery by 8 p.m. and will be handed over to the landlord at the same location. If bookings are made for the same day, the rental property can also be handed over to the tenant later.
d.Handover and return before the end of the agreed rental period
The tenant must inspect the rental property thoroughly upon handover. At the tenant's request, a handover protocol and a picture of the rental item will be created, which will become the subject of the contract.
The handover only takes place upon signature of the tenant and presentation of an identity card.
If a rental item is returned before the contractually agreed end of the rental period, the tenant is not entitled to a refund of the difference.
The right to extraordinary termination for good cause is not affected by this. An important reason exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the end of the notice period, taking into account the interests of both parties and taking into account all the circumstances of the individual case.
Bad weather, excessively high temperatures, personal conditions, illness or health impairments are not grounds for extraordinary termination.
e.Prices
The prices are gross prices including 21% VAT.
f.Versicherung
Depending on the category, insurance is required when booking the rental items. The tenant also has the option to choose higher insurance.
Insurance & Benefits:
Basic
Bicycle damage* up to €150 according to the Bike Sant Pere SLU repair rate. The insurance does not cover bicycle theft.
Insurance mandatory for the category: Basic
Classic
Bicycle damage up to €300 according to the Bike Sant Pere SLU repair rate. The insurance does not cover bicycle theft.
Insurance for bicycles of the following categories: Basic, Classic, Pro, Premium.
Mandatory insurance for the following categories: Classic, Pro, Premium.
Pro
Bicycle damage* up to 1,000€ according to the Bike Sant Pere SLU repair rate and 50% discount for an SOS ASSISTANCE, which guarantees our help in the event of an accident or mechanical breakdown within 25km of Sant Pere Pescador. The insurance does not cover bicycle theft.
Insurance possible for bicycles of the following categories: Basic, Classic, Pro, Premium.
Premium
Bicycle damage* and SOS ASSISTANCE, which guarantees our assistance in the event of an accident or mechanical breakdown within a radius of 25 km from Sant Pere Pescador. The insurance does not cover bicycle theft.
Insurance is possible for bicycles of the following categories: Basic, Classic, Pro, Premium.
*Bicycle damage: Bicycle defects caused by material problems or the fault of the rental company. However, this does not apply to breakdowns caused by the tenant, such as a flat tire.
g.SOS Assistance
The landlord offers breakdown assistance for bicycle defects caused by material problems or the fault of the landlord. However, this does not apply to breakdowns caused by the tenant themselves. The tenant has the option to purchase a repair kit when the rental property is handed over. If the tenant is unable to change a tire or needs the landlord's help for other reasons of his own making, the following costs will apply:
Costs = travel costs + working hours
Travel costs: €0.26 / km
Working hours: 45€ / h
If the bike cannot be repaired, it will be replaced with another bike. (see 2.c.)
If the bike has to be exchanged for reasons the renter is responsible for, 4.a applies.
SOS Assistance is only for rental items, not for people. If the renter needs transportation for any reason, Bike Sant Pere SL is not responsible. The tenant must contact a transport company. The landlord is only responsible for transporting the rental items.
2.Use of the rental property, notification of damage and other obligations, return of the rental property
a.Use of the rental property and unauthorized use
The bicycle and other rental items will be provided by the landlord in a professional and usable condition. The tenant is obliged to use the rental items appropriately and carefully and to observe the road traffic rules.
The renter declares that he is in perfect health, that he is able to ride a bicycle, that he is proficient in the rented equipment and that he has the necessary travel and health insurance to go on bicycle tours in Europe.
The renter who rents more than 1 bike declares that all riders of the bikes he/she rents: are in perfect health, are able to ride a bike, have the necessary control over the rented equipment and have the necessary travel and health insurance to undertake cycling activities in Europe.
The rental item may not be used for testing purposes, in commercial traffic, for a trip abroad or for illegal purposes without the written consent of the landlord.
Wearing a helmet approved for the intended purpose is mandatory. The transport of passengers, other living beings, as well as the transport of other objects is not permitted and is not permitted. Modifications, additions and other interventions in the rental property are not permitted. Using the rental property while under the influence of alcohol or drugs is not permitted. The rental property may only be driven by the tenant. Subletting is not permitted without the landlord's express consent.
b.Obligation to report damage
The tenant can report damage, accidents or theft to the landlord by calling this telephone number (+34 622826342). The tenant must report all types of damage, whether caused or not, to the landlord immediately and without being asked. If damage results in the rental property no longer being fit for use, the landlord will provide the tenant with an equivalent rental property if the landlord's capacity allows this. In the event of damage caused by the tenant, the landlord has the discretion to replace the rented property to the tenant.
c.Exchange of the rental property
When the rental property is handed over, the tenant checks the condition for suitability for use. If a defect is discovered that puts the rental item in a condition that is not suitable for use, the rental item will be exchanged free of charge for a functional, equivalent replacement. A change to another category can only be carried out if the landlord's capacity allows this. If an exchange takes place for another reason, the prices of the respective price category apply.
d.Obligation to report theft and accidents
If the rental property is involved in a traffic accident or is stolen, the tenant must immediately notify the local police and the landlord must be informed immediately. In the event of a violation, the tenant is liable for all damages resulting from the violation of this obligation. The landlord provides the tenant with an equivalent rental property if the landlord's capacity allows this.
In the event of an accident, the tenant must provide the landlord with a detailed, written account of the course of the accident, including a sketch. The representation must in particular contain the names and addresses of all people involved and any witnesses as well as the official license plates of any vehicles involved. The landlord will be exempt from the tenant from all fines and warnings, fees and other costs that are levied due to the aforementioned violations.
In the event of theft, the tenant must report the exact procedure, location and how the bicycle is secured to the landlord. Photos must also be taken of the scene of the theft.
and.return
After the rental agreement has ended, the tenant is obliged to return the rental property in its original condition. The charge level of the battery may vary. The handover takes place at the same place as the drop-off and the rental property must be ready for hand-over by 8 p.m. The final cleaning is included in the rental price. If the renter wishes to return the bike to another location, Bike Sant Pere is not responsible for transporting the people or covering the costs. The tenant must hire a transport service and cover the costs himself.
3.Liability of the landlord for damages
a.Scope of liability of the landlord
Claims for damages by the tenant are excluded unless otherwise stated for the following reasons. This also applies to the landlord's representatives and vicarious agents if the tenant asserts claims for damages against them.
Excluded are claims for damages by the tenant due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages following grossly negligent or intentional breach of duty by the landlord or his legal representative or vicarious agent.
In the case of slightly negligent breaches of duty, the landlord's liability is limited to the immediate average damage that is foreseeable and typical for the contract, depending on the type of service. This also applies to slightly negligent breaches of duty by the legal representative or vicarious agent.
b.Disclaimer for unauthorized use and limitation of liability
In the event of unauthorized and/or unauthorized use of the rental property in accordance with Section 2.a, the landlord is not liable.
The limitations of liability apply to expenses incurred by the tenant that have become useless and have arisen due to the failure of the rental service. The tenant hereby releases the landlord from liability towards third parties that arises because the tenant has culpably breached an obligation under this contract.
Statements and explanations about the landlord's services are intended solely as a description of the properties and not as a guarantee or assurance of a property. Statements regarding the subject matter of the service only constitute guarantees or assurances in the legal sense if they are made in writing and are expressly and literally marked as “guarantee” or “assurance”.
The landlord's liability for contractual claims is limited to the rental price if
a) the claim in the event of injury to the life, body or health of the customer or the persons transported, which is not based on an intentional or negligent breach of duty by the landlord himself or a legal representative or vicarious agent of the landlord,
b) the claim for other damages is not based on a grossly negligent breach of duty by the landlord himself or by a legal representative or vicarious agent of the provider.
4.Tenant's liability for damage and loss
a.General liability of the tenant
The tenant is liable for damage that occurs during the rental period.
The tenant is liable for loss or violation of other contractual obligations.
If there is a specific loss of rent due to a lengthy repair as a result of damage to the rented property caused by the tenant, the tenant is liable for each day of repair up to the amount of one day's rent.
In the event of damage, the tenant is liable in particular for repair costs and spare parts.
In the event of destruction of the rental item, liability is based on the current price for the corresponding rental item in accordance with the manufacturer's recommended sales prices, taking into account the degree of wear.
The rent paid by the tenant will be deducted from this price. Further damage remains unaffected.
b.Liability in the event of theft
In the event of theft or other loss of the rental property, the tenant is liable to the landlord. In this case, liability is based on the current price for the rental item in accordance with the manufacturer's recommended sales prices, taking into account the degree of wear, but at least the following amount:
Category 1 - 800
Category 2 - 1500
Category 3 - 3500
Category 4 - 5000
c.Reimbursement of the liability sum if found
If the rental property is found again within six months after it has been stolen, the landlord will reimburse the tenant for the current market value of the rental property up to the amount of the liability.
d.Insurance coverage
Every bike rented by the rental company is insured against accidental damage, fall or fall damage, moisture damage (only rainwater), electronic damage, battery damage, wear and tear, signs of use.
However, this insurance coverage does not come into effect if the accident was caused by intentional or grossly negligent actions on the part of the renter.
In the event of unauthorized and/or unauthorized use of the rental property in accordance with Section 2.a, insurance coverage also no longer applies. The insurance cover only applies to the bike/eBike rented by the renter, not to the other party involved in the accident.
and.Deposit
When picking up the bike, the following deposits are required from the landlord:
Citybike, ATB, Kidsbike: 100€ pro Fahrrad
all other bikes: €200 per bike
Trailer: €50 per trailer
This is paid in cash, blocked on the credit card or debited. A retention or debit will only take place if the item is not returned. This amount will be refunded upon return of the rental item and all equipment. (Definition of equipment: control unit, key, charger including power cable, battery). The prerequisite for the refund of the deposit after the end of the rental agreement is that the rental property is returned in the same condition in which it was handed over. The final cleaning is included in the rental price.
f.Cancellation policy
Tenants can withdraw from their booking under the following conditions:
Free cancellation until midnight the day before booking.
The date and time of receipt of the cancellation are decisive for the cancellation costs.
The cancellation can either be made yourself via the respective customer account or in text form to the e-mail address: info@bikesantpere.com take place.
The date and time of the cancellation are decisive for the cancellation costs.
5.General provisions and applicable law
a.Written form, completeness and severability clause
This contract is subject to written form. Changes and/or additions are also subject to written form. There are no verbal side agreements. The legal invalidity of individual parts and provisions of these general rental conditions does not affect their validity.
b.On Bill
Offsetting against the landlord's claims is only permitted if the tenant's claims are undisputed or legally established.
c.Choice of law and place of jurisdiction
The provisions of this contract are governed by Spanish law. The place of jurisdiction for all disputes arising from or about this contract is Barcelona.
Carrer de San Sebastia, 43
17470 Sant Pere Pescador
The right to extraordinary termination for good cause is not affected by this. An important reason exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the end of the notice period, taking into account the interests of both parties and taking into account all the circumstances of the individual case.
Wearing a helmet approved for the intended purpose is mandatory. The transport of passengers, other living beings, as well as the transport of other objects is not permitted and is not permitted. Modifications, additions and other interventions in the rental property are not permitted. Using the rental property while under the influence of alcohol or drugs is not permitted. The rental property may only be driven by the tenant. Subletting is not permitted without the landlord's express consent.
b) the claim for other damages is not based on a grossly negligent breach of duty by the landlord himself or by a legal representative or vicarious agent of the provider.
When picking up the bike, the following deposits are required from the landlord:
Free cancellation until midnight the day before booking.
The date and time of receipt of the cancellation are decisive for the cancellation costs.
The cancellation can either be made yourself via the respective customer account or in text form to the e-mail address: info@bikesantpere.com take place.
The date and time of the cancellation are decisive for the cancellation costs.