1.     NORTH WIND CYCLES TERMS AND CONDITIONS

1.1.  The rental contract is entered into by Anthony White trading as North Wind Cycles, Carrer d’Alexandre Rosello 9, 07340, Alaro, Mallorca (“us, we our”) and you the hirer of our Equipment.  

2.     INTERPRETATION AND DEFINITIONS

2.1.  The following definitions shall apply to these terms and conditions:

2.2.  “Contract” means the binding agreement for the hire of the Equipment between us which is created upon our acceptance of your completed Form;

2.3.  “Booking” means a booking made by you by submitting a completed Form along with payment of the Hire Fee and/or Security Deposit (as applicable);

2.4.  “Equipment” means our bikes and all associated accessories;

2.5.  “Form” means the Bike Hire Rental Agreement form;

2.6.  “Hire Fee” means the fee we charge for the hire of the Equipment during the Hire Period;

2.7.  “Hire Period” means the period commencing on the day the Equipment is either collected by or delivered to you and ending upon the date the Equipment is either collected by us or returned to our premises;

2.8.  “Booking Deposit” means 20% of the Hire Fee;

2.9.  “Security Deposit” means an amount of money chargeable at the start of a hire to cover potential damage to the Equipment;

2.10. "Late" is 15mins or more after the agreed time;

2.11.               We reserve the right not to accept a Booking; 

2.12.               “Normal wear and tear” for the Equipment is defined by the products’ manufacturer or supplier;

2.13.               If for any reason, outside of our control, any Equipment becomes unavailable, we reserve the right to substitute, the Equipment with equipment of the same size and with a similar or better specification.

3.     YOUR RESPONSIBILITIES 

3.1.  You accept that cycling on a public highway carries its own risks and are undertaken at your sole risk.

3.2.  You acknowledge and agree that we advise the wearing of cycle helmets at all times when riding.

3.3.  You shall ride and use all Equipment responsibly and with due care at all times;

3.4.  You will not hold us responsible for any loss, damage or injury including death to persons or property with regard to your use of the Equipment. You shall indemnify us in full against any claim, interest, demand or expense in respect of such injury or damage.

3.5.  It is your sole responsibility to ensure that suitable insurance cover is maintained at all times during the Hire Period.

3.6.  You shall keep the Equipment safe at all times from damage, loss or theft, only use it in a proper manner and not subject it to any misuse or unfair wear and tear.

3.7.  You will notify us immediately of any loss, damage or theft to any Equipment however caused.

3.8.  You shall be responsible for any reasonable charges and expenses in connection with any damage to the Equipment or the repair of or replacement of Equipment due to any such loss, damage, theft or unauthorised alterations or repairs to any Equipment.  All damaged items are charged at replacement cost.

3.9.  If you have selected and paid for Accidental Damage Insurance you will not be liable for expenses in connection with any damage to the Equipment, so long as you have taken reasonable care of the equipment and have not acted in a reckless or dangerous manner. Accidental Damage Insurance does not affect your responsibility for the equipment in the event of theft or loss.

3.10.               Normal wear and tear of the Equipment is accepted.

3.11.               Unless explicitly agreed in writing, the Equipment must be returned or be ready for collection (where applicable) at 5PM or before on the last day of the Hire Period.

4.     PAYMENT TERMS / REFUND POLICY / LATE CHARGES

4.1.  We reserve the right to charge a 20% Booking Deposit to secure a Booking.

4.2.  Cancellations within 15 days or less of the commencement of the Hire Period will forfeit the total Booking Deposit.

4.3.  The Hire Fee and any Booking Deposit shall be payable by you to us in Euros. 

4.4.  If you return any Equipment late, you will be charged a minimum €50 or twice the published daily hire rate for each day that the Equipment is returned late.

4.5.  We reserve the right to charge a Security Deposit. The value of the Security Deposit will be determined by us depending on our assessment of the risk and the value of the Equipment being hired. This deposit will be returned at the end of the Hire Period provided that the Equipment is returned in an undamaged condition.

4.6.  At the end of the Hire Period, all Equipment must be returned to North Wind Cycles, Carrer d’Alexandre Rosello 9, 07340, Alaro,  or the agreed collection location at the time agreed between us and you.

4.7.  In all cases, any deposits can be used as a deposit against the costs or charges mentioned herein.

5.     PERSONAL SAFETY

5.1.  It is your responsibility for your own safety. Cycling involves personal risk and you must ride responsibly.

5.2.  Injury(s) and/or death associated with the sport of cycling may result from weather, excessive speed, collision with inanimate objects or other persons, rider inexperience, error or abuse of equipment.

5.3.  First time or novice bikers should use the Equipment under the supervision of an experienced rider.

5.4.  You must not cycle under the influence of alcohol, strong medication, other drugs or fatigue.

5.5.  The wearing of helmets is obligatory in Spain.

6.     LIMITATION OF LIABILITY

6.1.  You accept at all times that cycling has inherent risks and that all equipment may fail. It is your responsibility to ensure all Equipment is roadworthy and of sound condition before commencement of the Hire Period.

6.2.  We shall not be liable to you where any alleged loss or damage results from:

6.2.1.     any action or omission by you or those of any member of your group;

6.2.2.     the action or omission of a third party not connected with the provision of the hire; or

6.2.3.     an event or circumstances which we could not have predicted or avoided even after taking all reasonable care; or

6.2.4.     any loss or damage is considered to be indirect or consequential loss.

6.3.  Except in respect of death and personal injury, in respect of which no limit of liability shall apply, our total liability to you under these terms and conditions shall be limited to the total cost of your Booking.

6.4.  We shall have no liability to you if we are unable to fulfil a Booking due to an event beyond our control. In the event of us being unable to fulfil your booking our total liability to you shall not exceed the Hire Fee.

7.     GENERAL

7.1.  The Contract constitutes the entire agreement between the parties, and supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

7.2.  We shall at all times comply with Data Protection Law and all applicable legislation.

7.3.  Any notice required or permitted to be given by either party to the other under this Contract shall be in writing at the address as notified the other party.

7.4.  No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Contract by the other party shall be considered as a waiver of any subsequent breach of the same or any other provision.

7.5.  If any provision of this Contract is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.

7.6.  The Contract shall be governed by English law, and both parties hereby agree to submit to the exclusive jurisdiction of the English Courts.