General rental conditions

1 Contractual partner and duration of the contract

1.1 Contractual partner

The contracting parties are the renter and 54/11 Bikeholiday S.L., Principes de España 3, 07141 Marratxi (hereinafter referred to as “the rental company”). The Lessor is obliged to provide the Lessee with the bicycle specified in the rental form as well as other rental items (hereinafter referred to as the “Rental Items”) for the duration of the contract in a usable and roadworthy condition. The Hirer is obliged to pay the total rental price in advance when concluding the Contract. The prices in the price list valid at the time of rental shall apply.

1.2 Duration of the contract and liability for default

The rental contract for the rental object is concluded for a specific period of time. If a bike rental is started on a day after 5.00 p.m., this rental day will no longer be charged. If there is a delay in returning the rental object, the rental agreement shall not be extended. If the renter does not return the rental object to the lessor at the end of the agreed rental period, even through no fault of his own, the lessor shall be entitled to demand compensation for the duration of the withholding as compensation for use of the rental object of at least the amount of the previously agreed rent; the assertion of further damages shall not be excluded if the renter is responsible for the delay.

1.3 Early return

If a tenant surrenders the rental object before the contractually agreed end of the rental period, he shall not be entitled to reimbursement of the difference. The right to extraordinary termination for good cause remains unaffected.

2 Use and return of the rented property / notification of damage and other obligations

2.1 Condition of the rented property and unauthorised use

The Lessor shall provide the rented items to the Hirer in a professional, usable and roadworthy condition and cleaned. The renter is obliged to use the rented items and in particular the bicycle carefully and professionally and to observe the road traffic regulations. The renter is prohibited from using the bicycle under the influence of drugs or alcohol. The hiring of passengers is also prohibited. The renter is not permitted to modify or otherwise interfere with the rented property.

2.2 Notification requirements

Should damage occur during use, whether due to fault or not, the tenant shall notify the landlady of this damage without delay. The renter is obliged to inform the lessor about all details of the damage. If damage results in the bicycle no longer being fit for use, the lessor shall provide the renter with a replacement bicycle of equal value, subject to availability. Liability in accordance with clause 4 remains unaffected.

2.3 Exchange

In the event of an exchange of the rental object, the lessor is entitled to charge a fee of EUR 10,-, unless the exchange is based on a defect that was already present when the rental object was handed over and the rental object is not fit for use. In the event of a change to a higher price category, the difference must be paid. If a change is made to a lower category, there is no entitlement to a refund of the difference.

2.4 Obligation to report theft and accidents

In the event of theft or a traffic accident, the Hirer must immediately notify the police or call them in and inform the Rental Firm. Otherwise, the hirer shall be liable to the lessor for any damage resulting from the breach of this obligation. In case of theft, the renter assumes full liability. It does not matter whether the bike was stolen inside or outside the hotel. An exception is made for city bikes and aluminium trekking bikes if the customer has taken out theft insurance. In this case, the rental company will cover the damage incurred and the customer will only have to pay an excess of 50.00 euros.

2.5 Ruckgabe

At the end of the rental contract, the Hirer is obliged to return the rented item in the same condition in which it was handed over to him/her, apart from any usual soiling. The bicycle must be returned to the cycle station that issued the rental item by 5:00 p.m. on the last day of the rental period.

3 Liability of the hirer for damage and loss

3.1 General liability of the tenant

The hirer is liable to the lessor for damage, loss and breaches of other contractual obligations occurring during the rental period. If, as a result of damage to the leased property for which the hirer is responsible, there is a concrete loss of rent due to a lengthy repair, the hirer shall be liable for each day of repair up to the amount of one day’s rent. In the event of destruction of the leased property, the liability shall be calculated on the basis of the current price for the corresponding property according to the Lessor’s sales list. The rent paid by the lessee shall be deducted from the list price. In the event of damage, the hirer shall be liable in particular for repair costs and spare parts. Further damages remain unaffected.

3.2 Liability in the event of theft

The hirer is also liable to the lessor for theft or other loss of the hired object. In the event of theft or loss, the lessee shall be liable up to the amount of the respective current price of the lessor’s sales list. The rent paid by the Hirer shall be deducted from the list price. This limitation of liability does not apply if the lessee has caused the damage intentionally or through gross negligence.

3.3 Reimbursement of the liability sum

Should the leased property be recovered after theft, the Lessor shall reimburse the Lessee for the liability sum in accordance with Clause 4.2. if, in this case, the leased property is still in a condition in which the Lessor can continue to let it in its reasonable discretion. The Lessor shall exercise the equitable discretion from the perspective of a conscientious and prudent professional and, if necessary and as a gesture of goodwill, shall inform the Lessee of the essentials of the basis for the decision.

3.4 Exclusion of liability of the tenant (“insurance”)

The insurance does not include theft insurance, even if the rental object was stolen from the hotel’s storage facilities. The insurance covers minor damage up to 500.00 euros or 1,000 euros repair costs (depending on the insurance policy taken out). All damages exceeding this amount are to be paid by the tenant.

3.5. Travel with increased risk

Cycling holidays are active holidays and you practise your sport at your own risk. We are not liable in any case for accidents and physical damage resulting from the practice of cycling, even if you are riding in a group with a group leader. You are responsible for adhering to road traffic regulations, even if you are riding in a group. Wearing a helmet is compulsory on our guided tours and events.

3.6 Collateral

The lessor has the right to ask the renter for a deposit for the bike rental or for additional parts such as bike computer, pump, Garmin, helmet, etc. The renter will receive this deposit back in full after returning the rented items if everything is in order with the rented items. This will be fully refunded to the renter after the return of the rental items if everything is in order with the rental items.

4. General provisions and applicable law

4.1 Written form, completeness and severability clause

The contract is subject to the written form. Amendments or additions to the contract must also be made in writing. There are no oral ancillary agreements. The legal invalidity of individual parts and provisions of these General Rental Terms and Conditions shall not affect their validity in other respects.

4.2 Choice of law and place of jurisdiction

The provisions of this contract are governed by Spanish law. Any dispute arising out of or in connection with this contract shall be subject to the jurisdiction of the courts of Palma de Mallorca.

4.3 Offsetting

Set-offs against claims of the Lessor are only permitted with undisputed or legally established claims of the Lessee.

5. Contract costs

All taxes, legal costs or extrajudicial expenses arising from the formalisation of this contract or the creation, fulfilment or termination of the obligations arising from it shall be borne by the party established by law.
However, they shall be borne by the party who fails to comply with all judicial and extrajudicial costs and expenses arising from the breach, including the fees of lawyer and attorney, even if their intervention was not obligatory.