Rental Terms & Conditions at Club La Santa

READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY BEFORE PROCEEDING WITH THIS RENTAL TRANSACTION. SHOULD YOU PROCEED, YOU ARE AGREEING TO THESE TERMS.

Its effect is to release CLUB LA SANTA, Bike Rental Manager (BRM) and their respective managers, members, employees, agents, independent contractors, representatives, successors and assign from (collectively with CLUB LA SANTA the “Released Parties”) any liability resulting from your (or, if you are signing as the parent or legal guardian of a minor, the minor’s) participation in the activities described below and to waive all claims for damages or losses against CLUB LA SANTA and their respective employees which may arise from such activities even if they result from negligence.  All reference to “I” mean any person signing this document, on his or her own behalf and for all other persons on whose behalf the undersigned signs this document.

I do intend to utilize the bicycle rental services offered by and through the app.bikerentalmanager.com website, is owned and operated by Taste Provence Limited, and/or to rent a bicycle or utilize services from CLUB LA SANTA (collectively “CLS”). I do understand that the conditions of this waiver, release & indemnification apply to all the released parties. In order to use these services, I agree to the following:

I understand that I must be minimum 18 years of age to sign this waiver.
I understand that this waiver, release & indemnification applies to all equipment associated with the use of the Services, and to the Services themselves. I understand that for use the equipment identified on this form that ‘wherever used herein, the term “equipment” includes any bicycle and extra equipment rented or borrowed from CLS. I accept the full responsibility for the care and use of the equipment and the equipment will be used only in a manner consistent in line with its intended purpose, its inherent limitations and in accordance with all applicable laws. I am fully aware that the use of a bicycle helmet is mandatory according to Spanish law.

I understand that cycling can be a hazardous and dangerous activity and that cycling, including the use of the equipment, involves a risk of serious bodily injury and in worst case death. I am familiar with the risks of cycling, including, but not limited to, the risks of mechanical failure; equipment failure; inability to control the speed or direction of the bicycle; collisions with, among other things, people, animals, inanimate objects, natural object, other cyclists, and automobiles; and negligence of the released parties. I assume all risks, whether known or unknown, and responsibility for any losses, cost or injuries incurred in connection with the use of the service and/or the equipment, even if arising from or relating to the negligence of one or more of the released parties, except negligence caused by recklessness or intentional misconduct of one or more of the released parties.

I accept that if I follow any suggested itinerary that it is at my own risk and I agree not to hold any of the released parties responsible. I also agree to call defaults to the attention of CLS bike centre representative as soon as I realise. I am aware that individual bike specifications are subject to change based on availability of replacement components and that I cannot claim specific components. In addition, I understand that instruction in the use, assembly and maintenance of bicycles will not be provided. I accept that all assembling, tuning and maintenances only will be done by Club La Santa bike centre staff, excluding changing a flat innertube as it is expected that I have the knowledge and skills to change this correctly.

DELIVERY AND RETURN

I agree that the equipment can be collected from the Bike Centre from 09:00 A.M. on the first day of the rental. I am aware that photo identification and apartment key card can be required when the equipment is collected. I understand and accept that some equipment can only be booked for a minimum of 3 consecutive days.

I agree that the equipment will be returned in the same condition as the initial handover, and it is the professionals of CLS bike centre staff that value the conditions. The loss of components, accessories, as well as damages arising from improper use, should be processed in the moment of the return and in accordance with the Terms and Conditions above. I understand that I am responsible for loss, damage and theft and I am aware that CLS may claim compensation for any specific loss, damage, or the total amount of 1999 € for rental bikes regardless of the party at fault. I understand that CLS will cover cost of parts (i.e worn parts) that needs to be repaired/changed if accessed by CLS Bike Centre staff that equipment is used in a manner consistent in line with its intended purpose, its inherent limitations and in accordance with all applicable laws.

I am aware that on the last day of the rental period, the bike must be returned at 16:00. I understand and agree that if I return the bike to the bike centre more than 30 minutes after the above-mentioned return time, CLS will restrict all CLUB LA SANTA app access to resort facilities and reserves the right to enforce an additional late return fee to the original booking without any future notice.

I am aware that if I wish an extension of the equipment agreement that it must be requested before the end of the existing contract at the Bike Centre. I fully understand and accept that an extension may not be possible and is decided by the CLS Bike Centre Staff, based on availability. However, every effort in control of CLS will be made to accommodate the request.

I understand that if I wish to swap to another bike size during the rental period CLS will charge a 35 euro bikeswap fee, to cover for administrative and mechanical tasks.

Insurance:

CLS offers an additional insurance for equipment rented at CLS Bike Centre.  I understand that this insurance only covers the equipment rented from CLS. Any personal damage like serious bodily injury, third parties, persons, or things and in worst case death is not covered. The insurance is offered based on the rental period and per equipment only. Any booking that has multiple equipment assigned, must ensure that insurance is selected for each individual equipment.  

I accept that it is I who is responsible for being insured with adequate cover against all risks including: damage, loss, theft, that could occur during the booking period.

I accept that it is I who has the responsibility to complete any documentation for police and insurance purposes. I accept that I must cover the cost that is specified and mentioned in the above sections in case I have not chosen to and paid the additional insurance latest at first pickup.

In case of theft a formal Police Report must be logged, and a copy must be forwarded to CLS in order to activate the coverage. CLS insurance only cover if the equipment, assessed by Bike Centre staff, is used in a manner consistent in line with its its intended purpose, its inherent limitations and in accordance with all applicable laws as accepted in sections above. Loss and theft are only covered if the equipment has been stored safely and with a lock.

I understand that any loss or damage to the equipment must be reported to Bike Centre straight away to be able to get it covered.

CLS cannot provide a personal accident insurance. We strongly recommend that you always carry a personal or travel insurance policy.

SUBLEASING PROHIBITED:

I understand and agree that any subleasing of rental equipment is prohibited and that any such sublease shall immediately cause termination and cancellation of this booking. If the equipment is to be used for a person under the age of 18 years, a parent/legal guardian must sign the contract and accept the liability clause mentioned above.


PAYMENT, CANCELLATIONS AND REFUNDS

When booking equipment all prices are included tax and VAT charges. The currency is in euro (EUR) if anything else is not mentioned. Prices, equipment, and booking dates can be changed by CLS prior to pick-up date if noticed in advanced. I understand and agree that prices are daily prices (spot price) and CLS cannot be hold responsible for valuta changes you may be affected by if an increase in exchange rates happens between the time you make your booking and the time your card provider converts the currency. No payment is charged when creating a booking online. The full amount is to be paid at the time of pickup and only payment with credit card is accepted. In case of cancellation is made by CLS the full amount will be returned to the person whom made the payment. Cancellations from CLS is only made in circumstances beyond CLS control.

If no cancellation or agreement has been made or notice sent to bike.center@clublasanta.com prior to the booking date and the equipment hasn’t been collected within 48 hours after agreed time, then CLS reserves the right to cancel the booking and make it available for other parties without any notice. During the rental period partial refunds will only be considered if there is suitable evidence of serious illness or injury. CLS reserves the rights to refuse a partial refund in the rental period if it is assessed by the CLS bike centre staff that there is not enough evidence. CLS reserves the right to calculate the partial refund in a rental period based on the number of days left.     

TERMINATION OF AGREEMENT:

I agree that CLS has the right to terminate this agreement at any time and retake possession of the equipment.

LEGILATION

For the resolution of any disputes that could be raised, the parties submit under Spanish jurisdiction and the courts and tribunals of Arrecife. The language used in the arbitral proceedings shall be Spanish.

ITSO:

The STRAP agreement clause 8 between ITSO and CLS states that Timeshare Owners and their immediate family* are entitled to receive a discount on 10% on rental services.

To claim this discount: use the code TSO10 before check-out on our bikerentalmanger.com webpage. Important that you show your active TSO card at pickup. CLS reserves the right to claim payment for the full price if this is not done correctly. If payment is done without use of the code CLS reserves the rights to not give the discount back if there hasn’t been any communication about cancellations at least 7 working days before the start of the rental period.

* (Immediate Family means the husband/wife/partner, brothers, sisters, children, grandchildren, parents, grandparents of a Timeshare Owner)

Privacy notice:

Bike Rental Manager is a service provided by Taste Provence Limited, a company registered in England and Wales whose registered office is at The Courtyard, High Street, Ascot, Berkshire, SL5 7HP (“Taste Provence”).

Where a Data Subject (You) is located in the European Economic Area, that Data Subject’s Personal Data will be processed by Taste Provence in the United Kingdom. Where a Data Subject (You) is located outside the European Economic Area, that Data Subject’s Personal Data will be processed by Taste Provence’s affiliate in the United States of America.  

We will keep your data until you ask us to delete it. You have the right to access your data and can do so by contacting us at the e-mail address dpo@clublasanta.com.