GENERAL RENTAL CONDITIONS

1. Contractor

The contracting parties are the tenant (hereinafter "tenant") and the Starbikes bike station (hereinafter "landlord"). With the receipt of a Mietrade from the bicycle park (hereinafter "bicycle") a contract is created between the tenant and the landlady. In the case of an online booking, the provisions of the Online Terms and Conditions of Starbikes apply to the conclusion of the contract. The lessee is obliged to pay the total rental price in advance upon conclusion of the contract.

2. The bicycle and its use

By taking over the rented bicycle, the lessee acknowledges that it is in a safe, ready-to-drive, defect-free and clean condition with its accessories. The lessee may only use the bicycle in a safe manner in compliance with the legal regulations, in particular the Road Traffic Code.

3. Repair

If a repair becomes necessary, the landlord shall bear the costs if their cause is not based on improper treatment by the tenant or on his fault. The tenant is responsible for the latter circumstances. In the event of a defect for which he is responsible, the landlord must be given the opportunity to carry out the repair himself or to provide a replacement wheel, insofar as this is reasonable for the tenant.

4. Obligation to report Accident/theft

The lessee is obliged to notify the landlord immediately if the bike has been involved in an accident or if it has been lost due to theft. In the event of an accident, the lessee must submit a detailed written report to the landlord, presenting a sketch. The accident report shall include, in particular, the names and addresses of the persons involved and any witnesses, as well as the official registration plates of any vehicles involved.

5. General liability of the lessee

The landlord is liable for damage to the rental bike. The lessee must return the bike in the same condition as he took it. Insofar as a third party compensates the landlord for the damages, the tenant shall be released from his obligation to compensate. Tenant is liable for all persons and property damage, including accident and liability damages as well as for negligent, grossly negligent and intentional actions. The lessee is liable to the lessor for damage, loss and/or injury to other contractual obligations caused during the rental period. If there are concrete rental losses due to a longer repair as a result of damage to the bicycle, which the tenant is responsible for, the tenant is liable for each repair day (target price extension day). In the event of destruction of the bicycle, the liability is determined according to the current price of the corresponding rental bike according to the current sales price list of the landlady. The rent paid by the tenant is deducted from the list price. In the event of intentional or grossly negligentdamage, the lessee is liable, in particular for repair costs and spare parts. Further damages remain unaffected. Bicycle theft from the assigned bike spaces, which are rented by the landlady, is covered by the rental bike insurance, provided that the bicycles were in correctly chained condition.

a. Liability in the event of theft

The lessee is also liable to the lessor for theft or other loss of the bicycle. In the event of theft and loss, the lessee is liable up to the amount of the current price of the sales list of the landlord. The rent paid by the tenant is deducted from the list price. This limitation of liability does not apply if the tenant caused the damage intentionally or through gross negligence.

b. Reimbursement of the amount of liability

Should the bicycle be found after a theft, the landlady will pay the tenant the amount of liability in accordance with clause 3.2. provided that the bicycle is still in a condition in which the landlady can continue to rent it at its reasonable discretion. The landlady exercises the reasonable discretion from the point of view of a specialist and, if necessary and out of goodwill, communicates the basis of the decision to the tenant.

c. Disclaimer of the tenant ("Insurance")

Claims of the landlord in the event of accidental damage can be excluded from the tenant for an additional fee. The fee depends on the type of bike and is a flat rate of 10 € to 20 €. Claims for accidental damage are only excluded if they are not based on intent or gross negligence on the part of the tenant.

d. Additional equipment

All ren wheels are equipped with speedometer, spare hose and mini pump. All e-bikes are equipped with driving assistant, key, battery. Missing parts must be paid by the tenant when returning the bike.

6. Return of the bike

a. The lessee must return the bicycle to the landlord at the agreed location at the latest at the end of the agreed rental period during the business period of the landlord. The return outside the business period is at the risk of the tenant.

b. An extension of the rental period requires the consent of the landlord before the end of the rental period.

c. If the bicycle is not returned in time, the lessee must pay the landlord the daily rental interest with each day started and, if necessary, to compensate for any further damage.

d. The landlord is entitled to complain to him within 3 working days after the return of the bicycle, for which the lessee is liable.

7. Pedalsysteme

We have the following pedal systems: SPD-MTB, SPD-SL, Look Keo, rubber and basket pedals. Others please bring themselves. Pedals do not cost any extra rent!

8. Additional equipment

All road bikes are equipped with speedometer and mini pump. Missing parts must be replaced by the tenant at the time of return for € 10.-each.

9. Cancellation fees

In case of non-compliance with reservations, the following cancellation fees will be charged: The cancellation fee is 50% by the end of the previous day's counter, then 100% of the trip. In case of serious illness  with  a medical  certificate, the rent for the sick person will be cancelled free of charge after consultation with Starbikes.  

10. Mietradversicherung

Services: Protection against liability claims of the landlord in the event of damage to the wheel due to fall or accident. as well as theft from our wheel cellars in chained condition.

Fee flatrate:

Type 1 Carbon Di2/Disc € 20.-

Type 2 Carbon Ultegra and E-Bike € 15.-

Type 3 all other wheel types € 10.-

11. Definition weekly rent / daily rent

For 4 to 6 days, the total weekly rental price will be charged on a flat-rate basis. From the 7th day, the prices of the renewal days are valid. If the bike is

rented for 1 to 3 days, the price list "daily rental" applies.

12. Tourenbestimmungen

a. The instructions of the Biking Guide, the briefing and the assigned final man must be followed.

b. It is essential to comply with the provisions of the Road Traffic Code.

c. The Biking Guide is not overtaken and it is essential to keep a distance of 1m from the front man.

d. It is essential to actuate both brakes at the same time with a lot of feeling, since the risk of a fall increases greatly when using the front brake alone.

e. All participants are obliged to wear a cycling helmet.

f. Each participant drives at his own expense, risk and risk. No liability is assumed for accidents caused by lack of concentration, non-observance of traffic rules or non-observance of the instructions of the Biking Guide.

g. Weather-related changes, e.B. tour change or cancellation of the tour, are reserved for the guide.

h. I am aware that the company Starbikes has made photos and/or video recordings today and I am also clearly recognizable in some of these photos. I agree with the recordings. My consent also applies without limitation to private and/or commercial use - publication, distribution, use, editing and distribution - in digital form and print form by the photographer or by third parties. My consent is not limited in time or location and applies to all forms of distribution and publication. I already waive the future assertion of injunctive relief claims against the aforementioned use of my portraits at this point.

13. Rennradpakete

a. MINI Inclusive services: (30€)

cycling road map, drinking bottle, dextro package, helmet, spare hose, pump, mechanic service, washing area, covered parking, drinking water, speedometer, tool, final cleaning

b. MAXI Inclusive services: (70€)

Add-ons: jersey, 10Euro voucher, insurance, pick-up service, final cleaning, 20% discount on special tours

14. General provisions and applicable law

The contract is subject to written form. Amendments or additions to the contract also require written form. Oral ancillary agreements do not exist. The ineffectiveness of the law

parts and provisions of these General Terms and Conditions of Rental do not affect their validity in the rest.

Choice of law and place of jurisdiction

The provisions of this contract are governed by Spanish law. The courts at the registered office of the lessor have exclusive jurisdiction for all disputes arising out of or over this contract.

Chiclana de la Frontera, 30.04.2021