General terms and conditions
This rental agreement has been translated with great care from German. However, only the German version is legally binding.
1 Contractual partner and duration
1. a Contract partner:
B&B CYCLING CONCEPT s. l. eBike-Mallorca
c/o Lozano helmet
Carrer del Sindicat 67
E-07002 Palma de Mallorca
CEO: Niklas Bender
RM Palma, T. 2694, F. 6, H. PM-80634
and the lessee
The bicycles/eBikes as well as other accessories named in the rental form will be made available to the renter in a suitable condition for the duration of the period specified in the contract. The lessee pays the rent in advance on conclusion of the contract. Payment is made by credit card (Visa, Mastercard, American Express) or PayPal. The prices in the price list valid at the time of rental are valid.
1. b Duration of the contract and liability in case of default
The rental agreement is rented over the period specified in the booking or rental agreement. The day of acceptance and handover are considered to be the full rental day. If you have to pay for a day’s acceptance and delivery, it will only be charged for one day. In case of a late return, there will be no automatic renewal of the rental contract. If the lessee does not return the leased property to the lessor by the end of the agreed rental period, the lessee shall be in default. The delay costs result from the valid price list and amount to at least one daily rent.
1. c Handover and return before expiry of the agreed rental period
The lessee shall inspect the leased property thoroughly at the time of delivery. Upon request of the lessee, a handover protocol and a picture of the leased object will be drawn up, which object of the contract will become. The handover is only carried out
against signature of the lessee and presentation of an identity card. If a rental object is returned before the contractually agreed end of the rental period, the lessee is not entitled to a refund of the difference.
The right to extraordinary termination for good cause is not affected by this. An important reason shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the end of the period of notice, taking into account both parties’ interests and all circumstances of the individual case. Bad weather, personal circumstances, illness or health problems are not grounds for extraordinary termination.
1. d Prices and definition of the terms daily rate, daily rate plus, weekly rate and weekly rate Week+X
If a leased item is rented for one day, the “daily rate” applies. For 2-4 days the “daily rate 2-4” applies. For 5-7 days the “daily rate 5-7” will be charged. From the 8. The prices of the category “Weekly rate + X days” are valid on the 1st day. If a bike rental is started or terminated on any day, this day will be charged as a full day.
|daily rate||daily schedule 2-4||daily rate 5-7||weekly rate +X days|
|wheel type||1 day||2-4 days||5-7 days||8 days|
|relaxed||35€ per day||30€ per day||25€ per day||23€ per day|
|sportive||39€ per day||35€ per day||30€ per day||27€ per day|
|mountain||45€ per day||40€ per day||37€ per day||35€ per day|
|race||49€ per day||45€ per day||40€ per day||38€ per day|
< font color= “#ffff00” > -==- proudly presents
The prices are gross prices including 21% VAT.
2 Use of the leased property, notification of damages and other obligations, return of the leased property.
2. a Use of the leased property and unauthorized use
The bicycle/eBike and all other rented items are provided by the lessor in a professional and usable condition. The lessee is obliged to use the rented property in a suitable and careful manner and to observe the traffic regulations. The rented object may not be used for test purposes, in commercial traffic, for a trip abroad or for illegal purposes without the written consent of the lessor.
The wearing of a helmet approved for the intended use is obligatory. The transport of passengers, other living beings or other objects is not permitted and not permitted. Conversions, extensions and other interventions in the leased property are not permitted. The use of the rented property under the influence of alcohol and drugs is not permitted. The leased property may only be driven by the renter. Subletting is not permitted without the express consent of the lessor.
2. b Obligation to report damages
The lessee can notify the lessor of any damage, accident or theft by telephone at this number +49 6842 / 94 65 33. All types of damage, whether caused or not, must be reported to the lessor immediately and unsolicitedly by the lessee. If a damage leads to the fact that the leased property is no longer fit for use, the lessor makes an equivalent leased property available to the lessee, provided that the capacities of the lessor permit this.
2. c Replacement of the leased item
Upon delivery of the leased property, the lessee shall check the condition for suitability for use. If a defect is found which puts the rented property into a useless condition, the rented property will be exchanged free of charge for a functional, equivalent replacement. A change to another category can only be carried out if the capacities of the lessor permit this. Upon conclusion of the contract, the lessee shall make a binding booking for the frame size chosen by him/her. A change to a different frame size can only be carried out if the capacities of the lessor permit this. In both cases there is no right to an exchange. If an exchange takes place for another reason, the prices of the respective price category are valid.
2. d Duty to report theft and accident
In case of participation in a traffic accident with the rented property, or in case of theft, the lessee has to inform the local police immediately, the lessor has to be informed immediately. In the event of non-compliance, the lessee shall be liable for all damages resulting from the violation of this obligation. The Rental Firm shall provide the Hirer with an equivalent rental object, provided that the capacities of the Rental Firm permit this. In the event of an accident, the lessee must submit a detailed, written description of the accident progress to the lessor on presentation of a sketch. In particular, the presentation shall include the names and addresses of all persons involved and any witnesses, as well as the registration numbers of any vehicles involved.
The lessor is exempted from all fines and warnings, fees and other costs incurred by the lessee as a result of the aforementioned infringements.
2. e Return
After termination of the rental agreement, the lessee is obliged to return the leased property in its original condition. The battery’s state of charge may differ from this. The return of the rented object will be made at the rental station, which issued the rented object. The opening hours of the rental station are decisive for the latest time of return. Final cleaning is included in the rental price. A return at another bicycle station is only possible with prior agreement and written confirmation on the rental contract. In this case the lessor is entitled to charge an additional fee of EUR 59, – incl. VAT. to lift you up. To return the leased property, please bring a copy of the contract from the lessee.
3 Lessor’s liability for damages
3. a Liability of the lessor
Claims for damages on the part of the lessee shall be excluded, unless otherwise provided for by the following reasons. This shall also apply to the representative and vicarious agent of the Rental Firm if the Hirer asserts claims for damages against these.
Excluded are claims for damages by the lessee due to injury to life, limb, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. Similarly, this shall not apply to claims for damages based on grossly negligent or intentional breach of duty by the Lessor or his legal representative or vicarious agents.
In the case of slightly negligent breaches of duty, the Lessor’s liability shall be limited to the direct average damage foreseeable and typical for the type of service. This also applies to slightly negligent breaches of duty by the legal representative or vicarious agents.
3. b Exclusion of liability for unauthorized use and limitation of liability
In case of unauthorized and/or unauthorized use of the rented property according to 2. a, the Lessor’s liability is waived.
The limitations of liability apply to useless expenses incurred by the lessee as a result of the failure of the rental service. The lessee indemnifies the lessor from any liability vis-à-vis third parties arising from the fact that the lessee has culpably violated an obligation under this contract.
Statements and explanations regarding the services provided by the lessor shall be understood exclusively as a description of the quality and not as a guarantee or assurance of a quality. Statements on the subject matter of the contract represent guarantees or assurances in the legal sense only if they are made in writing and are expressly and verbatim marked as “guarantee” or “assurance”.
The liability of the lessor for contractual claims is limited to the rental price if
aa) the claim in case of injury to the life, body or health of the customer or the transported persons, which is not based on an intentional or negligent breach of duty by the Lessor himself or by a legal representative or vicarious agent of the Lessor; or
bb) the claim for other damages is not based on a grossly negligent breach of duty by the lessor himself or a legal representative or vicarious agent of the provider.
4 Lessee’s liability for damage and loss
4. a General liability of the lessee
The lessee is liable for damage caused during the rental period. The lessee shall be liable in the event of loss or injury of other contractual obligations. If there is a concrete loss of rent due to a longer repair period as a result of damage to the leased property caused by the lessee, the lessee shall be liable for each repair day up to the amount of one day’s rent. In the event of damage, the lessee shall be liable in particular for repair costs and spare parts. In case of destruction of the leased property, liability shall be based on the current price of the leased property in accordance with the manufacturer’s recommended retail prices, taking into account the degree of wear and tear. The rent paid by the lessee will be deducted from this price. Further damages remain unaffected.
4. b Liability in case of theft
In the event of theft or any other loss of the rented property, the lessee shall be liable to the lessor. In this case, the liability shall be based on the current price of the leased property, in accordance with the manufacturer’s recommended retail prices, taking into account the degree of wear and tear, but at least as follows:
Category “Relaxed” 2000,00€
Category “Sporty” 2500,00€
Category “Mountain” 3000,00€
Category “Race” 3500€
4. c Reimbursement of liability amount for Fund
If the leased property is found again within six months after theft, the lessor will reimburse the renter for the current market value of the leased property up to the amount of the liability.
4. d Insurance cover
Every bike rented by the rental company is insured against accidental damage, fall or fall damage, moisture damage (rainwater only), electronic damage, battery damage, wear and tear, traces of use. However, this insurance cover does not apply if the accident was caused by intentional or grossly negligent acts on the part of the lessee. In case of unauthorized and/or unauthorized use of the leased property according to 2. a, the insurance cover is also void. The insurance cover only applies to the bike/eBike rented by the renter and not to persons who have been involved in an accident.
4. e Deposit
In case of bike pickup, a deposit of 2500€ can be demanded from the lessor, a retention or debit will only take place in case of a non return. This amount will be refunded on return of the rental object and the complete equipment. (Definition equipment: control unit, key, charger incl. power cord, battery). In order to be able to refund the deposit after termination of the rental agreement, it is necessary to return the leased property in the same condition in which it was handed over. Final cleaning is included in the rental price.
4. f Cancellation conditions.
Lessees can cancel their booking at the following conditions:
Up to 40 days before the beginning of the rental period booked: Cancellation free of charge.
40-20 days before the beginning of the rental period: 50% of the booking fees will be refunded.
20 days before the beginning of the rental period booked: no refund.
The cancellation can either be made via the respective customer account or by sending a text form to the eMail address: firstname.lastname@example.org
The cancellation costs are based on the date of receipt of the cancellation (working day until 18:00h).
5 General provisions and applicable law
5. a Written form, completeness and severability
This contract is subject to the written form. Changes and/or additions are also subject to the written form. There are no verbal side agreements. The legal invalidity of individual parts and provisions of these General Terms and Conditions of Rental shall not affect their validity.
5. b Compensation
Set-offs against claims of the lessor are only permissible with undisputed or legally established claims of the lessee.
5. c Applicable law and jurisdiction
The provisions of this contract are governed by Spanish law. The place of jurisdiction for all disputes arising from or about this contract is Palma de Mallorca.