Terms and conditions

MALLORCA BIKE HIRE TERMS AND CONDITIONS

The parties to these terms and conditions are Elston Bikes Limited trading as Mallorca Bike Hire a company incorporated and registered in England and Wales with company number 10588036 whose registered office is at 33 – 43 Bridge Street, Swinton, Mexborough, S64 8AP (“us, we our”) and you the hirer of our Equipment.

1. INTERPRETATION AND DEFINITIONS
1.1 The following definitions shall apply to these terms and conditions:
1.1.1 “Contract” means the binding agreement for the hire of the Equipment between us which is created upon our acceptance of your completed Form;
1.1.2 “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);
1.1.3 “Equipment” means our bikes and all associated accessories;
1.1.4 “Form” means the Bike Hire Rental Agreement form;
1.1.5 “Hire Fee” means the fee we charge for the hire of the Equipment during the Hire Period;
1.1.6 “Hire Period” means the period commencing on the day the Equipment is either collected by or dispatched to you and ending upon the date the Equipment is either collected by us or returned to our premises;
1.1.7 “Security Deposit” means 20% of the Hire Fee; and
1.2 We reserve the right not to accept or fulfil a Booking.
1.3 All Bookings are subject to availability. When a Booking is made by one person on behalf of another person or people that person confirms to us that he or she has the authority to make such a booking.
1.4 Equipment will not be supplied for use in any competitions, races, tests or trials whatsoever.
1.5 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.

2. YOUR RESPONSIBILITIES
2.1 You are responsible for ensuring that you are and, if appropriate, all members of a group are physically fit enough to undertake cycling any distance or compete in events using our Equipment.
2.2 We do not accept any responsibility for your failure to complete the Hire Period due to lack of fitness, illness or injury.
2.3 We do not accept liability for loss or damage to personal effects belonging to any participant, nor do we accept any responsibility for delays or changes to the Hire Period due to adverse weather, strikes, war, terrorism or other causes beyond its reasonable control.
2.4 You accept that cycling on and competing on a public highway carries its own risks and are undertaken at the your sole risk.
2.5 You acknowledge and agree that we advise the wearing of cycle helmets at all times when riding.
2.6 You shall ride and use all Equipment responsibly and with due care at all times.
2.7 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.
2.8 It is your sole responsibility to ensure that suitable insurance cover is maintained at all times during the Hire Period.
2.9 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.
2.10 You will notify us immediately of any loss, damage or theft to any Equipment however caused.
2.11 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.
2.12 The Equipment shall at all times remain our property and during the Hire Period you shall not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the Equipment.
2.13 Our staff are usually available (but this is not guaranteed) by phone or email to assist with any problems during the Hire Period; however, it is your responsibility to assemble, set up and keep a check all Equipment.

3. PAYMENT TERMS/REFUND POLICY
3.1 We reserve the right to charge a Security Deposit to secure a Booking if such a booking is for a hire period to commence in excess of 6 weeks prior to the Hire Period.
3.2 In respect of bookings made with less than 6 weeks prior to the commencement of the Hire Period, the Hire Fee must be paid in full to secure a Booking.
3.3 Cancellations up to 28 days before the commencement of the Hire Period will result in a full refund of the Hire Fee less a 20% administration fee.
3.4 Cancellations within 28 days of the commencement of the Hire Period will forfeit the total Hire Fee.
3.5 Full refunds will only be considered within 28 days of the commencement of the Hire Period upon sight of a medical certificate or valid proof of an inability to travel.
3.6 The Hire Fee and any Security Deposit shall be payable by you to us in pounds sterling plus VAT, or such other currency as we may notify to you notified at the point of payment, in advance of the Hire Period commencing.
3.7 If you return any Equipment late, when the Equipment is returned you will be charged at twice the published daily hire rate for each day/part day that the Equipment is returned late.
3.8 Sight of a valid credit card may be required at the commencement of the Hire Period, this may extend to a deposit to the value of the Equipment by credit or debit card payment or other surety as deemed sufficient by us depending on our assessment of the risk and the value of the Equipment. This deposit will be returned at the end of the Hire Period provided that any Equipment is returned in an undamaged condition.
3.9 All Equipment must be returned, to a location and at a time agreed between us and you, at the end of the Hire Period.
3.10 In all cases normal wear and tear is defined by the products’ manufacturer or supplier is accepted and allowed and is included in any hire price
3.11 In all cases, any deposits can be used as a deposit against the costs or charges mentioned herein.

4. PERSONAL SAFETY
4.1 It is your responsibility for your own safety. Cycling involves personal risk and you must ride responsibly.
4.2 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.
4.3 First time or novice bikers should use the Equipment under the supervision of an experienced rider.
4.4 You must not cycle under the influence of alcohol, strong medication, other drugs or fatigue.
4.5 The wearing of helmets is obligatory in Spain.

5. LIMITATION OF LIABILITY
5.1 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.
5.2 We shall not be liable to you where any alleged loss or damage results from:
5.2.1 any action or omission by you or those of any member of your group;
5.2.2 the action or omission of a third party not connected with the provision of the hire; or
5.2.3 an event or circumstances which we could not have predicted or avoided even after taking all reasonable care; or
5.2.4 any loss or damage is considered to be indirect or consequential loss.
5.3 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.
5.4 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.

6. GENERAL
6.1 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.
6.2 We shall at all times comply with the Data Protection Act 1998 and all applicable legislation.
6.3 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 to other the other party.
6.4 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.
6.5 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.
6.6 Except as otherwise expressly provided herein, nothing in this Contract confers or purports to confer on any third party any benefit or any right to enforce any of these terms or conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
6.7 The Contract shall be governed by English law, and both parties hereby agree to submit to the exclusive jurisdiction of the English Courts.