GENERAL TERMS AND CONDITIONS OF BUSINESS AND USE
07001 Palma de Mallorca
Office: +34 971 xxx xxx
International VAT: XXXXXX
Thank you for your interest in BIKEDIDDY. With the acceptance of your booking, a contract is created between you and BIKEDIDDY (hereinafter also referred to as “landlord” or “organizer”). We therefore ask you to carefully read the following General Terms and Conditions of Business and Use.
These General Terms and Conditions of Business and Use regulate in Part 1 the business relationship between the Lessor and the Lessee with regard to the principles of the rental of bicycles and other rental objects. Part 2, under the heading “General Terms and Conditions of Use”, contains details of the rights and obligations concerning the use of the rented items. Part 3 refers to the participation in the offered tours.
Part 1 – General Terms and Conditions
- 1 Scope of the General Terms and Conditions
- BIKEDIDDY (“Lessor”) rents bicycles and other rental items to registered renters subject to availability. Rental and return of the rental bikes and rental items is possible via the pick-up and drop-off service as well as during business hours at the rental stations.
- The Lessor provides its services exclusively on the basis of the following conditions. Even in the case of
- the contract partner’s terms and conditions, the Rental Firm’s terms and conditions shall apply exclusively.
- By renting a bicycle or other rental item, the Lessee accepts the current version of the Lessor’s General Terms and Conditions of Business and Use.
- Individual agreements deviating from the General Terms and Conditions of Business and Use shall be confirmed to the Lessee by the Lessor in writing.
- 2 Registration and confirmation
- The binding registration (rental contract) is possible in writing directly on site, via e-mail as well as at one of the named rental stations. However, only those who have reached the age of 18 at the time of registration can be a renter.
- By your registration (rental agreement) you accept these general terms and conditions as part of the contract between you and the landlord.
- Notification of acceptance of the application may be made in writing, orally, by telephone or by e-mail.
- 3 prices
- The services are charged at the prices valid at the beginning of the usage processes. The current price list for rental and other activities can be found on the Internet at www.BIKEDIDDY.com. Prices are subject to change without notice.
- The cost of the pick-up and drop-off service depends on the number of bicycles rented and the duration of the rental period.
- 4 Payment and default
- The tenant may make payment of the invoice amount by cash or credit card payment
- Payment shall be made in any case upon delivery of the rented items.
- In the event of default on the part of the Lessee, the Lessor shall be entitled to declare all further claims against the Lessee due and payable and to discontinue the contractual services until the Lessee has fulfilled his due obligations.
- 5 Accounting and auditing
- Objections to debits must be made in writing within one month of the debit/cash payment. Claims by the tenant in the event of justified objections after expiry of the deadline shall remain unaffected, insofar as the landlord is able to review the data in accordance with data protection law. Repayment claims of the tenant will be credited to his account and offset against the next due claim, unless the tenant instructs otherwise.
- The Lessee may only offset claims of the Lessor against undisputed or legally established claims.
- 6 Data protection
- The Lessor is entitled to store the personal data of the Lessee and undertakes to use them only in accordance with the provisions of the Federal Data Protection Act.
- The Lessor is entitled to pass on information of the Lessee, in particular the address, to the necessary extent to investigating authorities if the authority proves the initiation of administrative offense or criminal proceedings.
- 7 Cancellation
Cancellation is possible at any time before the start of the contract free of charge. After that, a cancellation fee of 50% of the contract value will be charged. The cancellation must be made in writing.
- 8 Other regulations
The business relationship between the parties is governed exclusively by Spanish law. The place of jurisdiction for all disputes arising from this contract is Palma de Mallorca.
- 1 Use of multiple bicycles
In principle, each renter can rent several rental bikes at the same time.
- 2 Duration of the lease
The chargeable rental begins and ends with the handover of the rental bike at the agreed handover location or at one of the specified rental stations.
- 3 Proper condition of the rental objects
- The Lessor undertakes to hand over all rental items in perfect condition and to keep the rental bikes in roadworthy condition.
- Before the start of the journey, the renter performs a function test and confirms the receipt of the rental object in technically perfect condition with the takeover.
- 4 Use of the bicycles and tenant liability
- The use of the rental bikes is at your own risk.
- The subletting of the rental bikes is not allowed without the express permission of BIKEDIDDY.
- The renter is obliged to observe the road traffic regulations. He moves in road traffic on his own responsibility.
- The renter is prohibited from making any modifications or other interventions on the rented bike.
- On public roads, the customer uses the rental bike at his own risk.
- The tenant is liable for all personal injury and property damage, including accident and liability damage, as well as for negligent, grossly negligent and intentional acts. He acknowledges that the lessor is not liable for the listed possible damages nor for unforeseeable events during the rental period.
- The renter is also liable to the full extent for personal injury and property damage caused to himself.
- The bike may only be used by the assigned persons and may not be ridden by third parties.
- For safety reasons, every customer is recommended to wear a helmet during the ride – it can save lives.
- 5 Accidents
- In case of accidents involving not only the user but also other people or property, the renter is obliged to immediately inform both the police and the landlord.
- Otherwise, the Lessee shall be liable for the damage incurred by the Lessor as a result of the breach of this obligation.
- 6 Parking and parking the bicycles
The rental bike must always be connected – even when temporarily parked or parked.
- 7 Return conditions
The return can take place at the agreed handover location or by arrangement at one of the specified rental stations.
- 8 Liability of the Lessor, Tenant’s Liability and Insurance
- Liability on the part of the lessor shall not apply in the event of unauthorized and/or unauthorized use of the rental object. In case of unauthorized use, the liability of the lessor for damages is excluded.
- The tenant is liable for damage from theft or damage, partial loss or loss of the rental objects during the rental period (period between receipt to return) for the costs of repair, replacement by the landlord as well as for the lost rental costs up to the amount of the respective current value. This also applies in the event that the rental period is exceeded for the remaining period as well as for necessary expenses for finding and securing the rental objects.
- The renter must immediately report the theft of a rented bike during the rental period to the lessor and to a competent police station. Subsequently, the police file number shall be transmitted to the Lessor.
Part3 – Tours
- 1 Terms of payment
- A deposit of 50% is required upon registration. The remaining amount will be paid at the beginning of the tour or at the signing of the contract.
- Payments not made on time entitle the organizer to withhold the services or to dissolve the contract. Cancellation costs incurred can be claimed from the customer.
- 2 Cancellation or change of order by the customer
- Cancellation of the contract by the customer is possible at any time. In case of cancellation, the customer will be charged the following share of the costs:
10% up to 30 days before the beginning, 29 – 15 days before the beginning of the activity 25%, 14th day until the day of the beginning of the activity 50%.
- If the activity cannot be carried out because the client arrives late or not at all, he/she will pay 50% of the package price. Additional costs incurred due to postponements or late arrival of the customer are at his expense. If the client starts an activity after it has begun or leaves it before it has ended, there is no right to a refund.
- 3. special provisions on weather conditions
The organizer assumes no liability or risk with regard to weather conditions. If there is a risk to the health of the participants due to the weather conditions (e.g. heavy rain, storm, danger of black ice or similar), a postponement is possible by mutual agreement.
Cancellation free of charge, withdrawal free of charge, postponement of dates, reduction of number of participants or services with justification due to weather conditions is not justified.
- 4 Cancellation or change of order by the organizer before the start of the activity.
If the activity is endangered or made impossible due to force majeure, floods, official measures or safety risks, the organizer may cancel the activity or terminate it prematurely. The paid price will be refunded minus the expenses already made by the organizer. Claims for compensation are excluded. Program changes are expressly reserved.
- 5 Conditions of participation
- Good health is a prerequisite for participation in the tour. The participant is obliged to inform the organizer about health problems.
- Participation in an activity under the influence of drugs and/or alcohol, psychotropic drugs or the like is not allowed.
- 6 Insurance
The participant is not insured by the organizer. The participant must independently have sufficient health and accident insurance (including sports accidents). Travel cancellation insurance is recommended. Despite competent and safe execution of the activities, accidents cannot be excluded. The organizer cannot assume any liability for this.
Participation is at your own risk.
- 7 Liability/strong>
- The organizer is liable within the framework of these general business conditions for defects or a failure in the performance of the activity, which means a reduction in value compared to the original agreement. In the event of a failure for which the organizer is responsible, the organizer may provide an equivalent substitute service within a reasonable period of time. In this case, claims for compensation are excluded.
- The participant is entitled to compensation if the organizer or his auxiliary persons are at fault and no equivalent substitute service could be provided on site.
- In any case, the organizer is liable only up to the amount of the paid price of the activity and only for the direct damage.
- The organizer rejects any liability for damages and disadvantages of any kind, which are due to no or slight fault of the organizer or the auxiliary persons. If the instructions of the organizer or his auxiliary persons are not followed, any liability on the part of the organizer is cancelled.