Cycle Hire : Mallorca / Majorca

Wilier Bicycle Hire and Rental in Mallorca / Majorca by Martin in Majorca

Bicycle Hire Terms and Conditions


BICYCLE HIRE CONTRACT

By signing this contract the Customer acknowledges and accepts that this contract has been made between the parties in, and is written in, the English language and asserts that s/he has sufficient understanding of English to understand the terms and conditions in this contract

This contract ("the agreement") is for the hire of the pedal cycle or pedal cycles and made between

................................................................................................................................................. Full name (“the Customer”)

Of ..........................................................................................................................................................................................

................................................................................................................................ Full postal address (including country)

...................................................................................................... Nationality.................................................Date of birth

................................................................................................. Passport number & expiry date/country of issue (copy of passport to be produced at the time of collection/signing of this contract)

("the Customer") and Martin Bryant, NIE Y0616546E of Calle Tramuntana 9, 07510, Sineu, Mallorca, trading as “Your Bike Hire” ("the Hirer")

On the ............................................ day of ................................................................... 20.......................................

The bicycle or bicycles, together with the additional items (the “Ancillary Equipment”) detailed in Appendix A below, to be hired are detailed on the final page of this contract ("the Bike(s)"). The customer accepts responsibility for any and all of the Bike(s) hired under this agreement regardless of whether the bikes are permitted to be ridden by other persons.


This contract of hire shall be governed by Spanish law and any disputes arising under it shall be dealt with under the exclusive jurisdiction of the Spanish courts.

The Bike(s) are hired for use on, and must not be taken or ridden outside of, the island of Mallorca save with the express written permission of the Hirer.


CONTRACT TERMS AND CONDITIONS


1. COST & DURATION OF HIRE


a) The hirer agrees to hire the bike from 9.30am on the ........................................ (date) until 5pm on the ............................ (date) (the "Hire Period"). The Total Cost of Hire for the Hire Period will be …………………….……….. € (Euros) including IVA of hire, determined in accordance with the rate set out in Appendix A “Details of Daily Hire Charges” and/or on this website.

b) (i) For all Hire Periods the Total Cost of Hire is payable at the time of booking . In addition a delivery charge of 15€ will be payable for 1, 2 or 3 day Hire Periods at the later of the time of booking or 10 days before the commencement of the Hire Period.

(ii) CANCELLATIONS by the customer                                                                                                   .

For 1 or 2 day hires - NO REFUND will be made in any circumstances. .                          

For 3 or more day hires - 11 or more days prior to the commencement of the hire period -                              Payment will be refunded LESS a 50€ cancellation fee.

For 3 or more day hires - 10 or less days prior to the commencement of the hire period -  

NO REFUND will be made                        

c) The Hirer may agree to extend the period of hire at the Customer’s request, and subject to availability of the Bike(s). Any extension to the Hire Period agreed under this paragraph will be subject to the terms already agreed under this contract and will be charged in accordance with the charges set out on this website.

d) In addition to the total cost of hire of the bike, the hirer agrees to pay 50€ (fifty Euros) per bike in cash at collection/delivery or before the time the bike is handed over (the “Security Deposit”). The Security Deposit will be returned to the Customer when the Bike(s) is/are returned to or collected by the Hirer, subject to the Bike(s) being returned in an undamaged condition. Examples of deductions which will be made are outlined in the section Appendix B “Damage to be paid for”.

c) If the Bike(s) are returned outside the times stated in the Hire Period, without the specific agreement of the Hirer, an additional charge of the daily cost of hire in Euros x 2 will be made for each additional day or part of a day, that the Bike(s) are retained beyond the Hire Period.


2. THE HIRER'S RESPONSIBILITIES UNDER THIS AGREEMENT


a) To provide the Bike(s) and the Ancillary Equipment specified in this contract for the duration of the Hire Period in a clean and mechanically sound condition at the commencement of the Hire Period. 

b) If for any reason outside the Hirer's control the Bike(s) specified in this Agreement becomes unavailable, the Hirer reserves the right to substitute the Bike(s) with other(s) of the same size and with a similar or better specification.

c) The Hirer does not accept any responsibility for:

i) any failure to complete the Hire Period due to lack of fitness, illness or injury of the Customer or any intended rider of the Bike(s).

ii) loss or damage to personal effects belonging to the Customer. 

iii) delays or changes to the Hire Period due to adverse weather, strikes, war, terrorism or other causes beyond the Hirer’s reasonable control.


3. THE CUSTOMER'S RESPONSIBILITIES UNDER THIS AGREEMENT


The Customer accepts responsibility under this Agreement to:

a) Check that s/he is satisfied that the bike(s) are in a safe and roadworthy condition before the commencement of each ride.

b) Ensure that they themselves, and any others on whose behalf the Bike(s) are hired, are familiar with, aware of, and comply with, the laws of Spain for riding on public roads, and to pay any fines or penalties arising from the failure to comply with such laws.

c) Ride and conduct themselves in a safe and sensible way at all times, so as to avoid endangering themselves or others, and to ensure that any others on whose behalf the Bike(s) are hired do so.

d) Ensure that they, and others on whose behalf the Bike(s) are hired have appropriate physical fitness, skill and experience to ride the Bike(s) in the circumstances and locations in which they are ridden, including but not limited to, riding in groups, speed, weather, severe terrain or long distances.

e) Not cycle under the influence of alcohol, strong medication, illegal drugs or fatigue.

f) Not to ride during the hours of darkness without lights (the provision of which will be the responsibility of the Customer).

g) Return the Bike(s) at the end of the Hire Period in the same condition as at the commencement of the Hire Period.

h) Not use the Bike(s) in any competitions, races, tests or trials whatsoever except with the advance explicit written permission of the Hirer, and upon payment of 2 x the Security Deposit. If the Customer does not seek such permission and pay the increased Security Deposit and it becomes apparent that this condition has been breached in relation to any of the Bike(s), the Security Deposit will be forfeited by the Hirer.

i) Indemnify the Hirer in full against any claim, interest, demand or expense in respect of injury, damage or loss, including death, to persons or property arising from the Customer's use of the Bike(s).

j) Take out their own, suitable, insurance cover covering the their liability under this Agreement for damage to the Bike(s). The Customer accepts that where they have failed to take out such insurance they remain personally liable for such damage.

k) Keep the Bike(s) 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.

l) Notify the Hirer immediately of any loss, damage or theft to the Bike(s) however caused. m) Not to make any unauthorised alterations, modifications or repairs to the Bike(s).


4. GENERAL LIABILITY OF EACH OF THE PARTIES TO THIS AGREEMENT


a) The Hirer shall not be liable to the Customer where any alleged loss or damage results from:

i) any action or omission by the Customer or of any rider of any of the Bike(s) hired;

ii) the action or omission of a third party not connected with the provision of the hire;

iii) any event or circumstances which the Hirer could not have foreseen or avoided even after taking all reasonable care; or

iv) any loss or damage is considered to be indirect or consequential loss.

b) The extent of the Hirer's total liability to the Customer under this Agreement, including any loss or damage deemed to be indirect or consequential loss, is limited to the total cost of hire, except in respect of death and personal injury caused by negligence on the part of the Hirer, in which respect the liability of the Hirer to the Customer shall be determined in accordance with the laws of Spain.

c) If the Hirer is unable to fulfil the Hire Period due to an event beyond the Hirer's control the Hirer's total liability to the Customer shall not exceed the Hire Fee.

d) There is no insurance cover provided by the Hirer, either separately or as part of this Agreement, for damage, personal injury or death suffered during the Hire Period by the Customer, any riders of the Bike(s) hired, or caused to any third parties by the Customer or other riders of the Bike(s). It is the responsibility of the Customer to ensure that they have adequate insurance cover for such instances (e.g. by membership of a suitable organisation, under any holiday insurance policy, etc) should they so require.


5. GENERAL


a) This Agreement constitutes the entire agreement between the parties, and supersedes 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.

b) Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing to the address as stated of each party in this Agreement.

c) No failure or delay by either party in exercising any of its rights under this Agreement 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.

d) If any part of this Agreement 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 Agreement and the remainder of the part in question shall not be affected.

e) The Customer will not offer for sale or at any time part with possession of the Bike(s) or parts thereof.


APPENDIX A


DETAILS OF HIRE CHARGES


ANCILLARY EQUIPMENT

Pump

Saddle bag

1 x spare inner tube

2 x tyre levers

Sigma BC 9.16ATS computer


By signing below the Hirer hereby acknowledges receipt of the above detailed bicycles and ancillary equipment

Signed ……………………………………………………………………………………………………………………………………………….. (the Customer)

Signed ……………………………………………………………………………………………………….………………………………………….… (the Hirer)