Mallorca Radsport & Reise S.L.U.
1. Contractual Partner and Duration of the Contract
1.1. Contractual Partners
The contractual partners are the renter (hereinafter referred to as "renter") and Mallorca Radsport & Reise SLU, Santa Ponsa (hereinafter referred to as "lessor").
With the takeover of a rental bike (hereinafter referred to as "bike"), a contract is created between the renter and the lessor.
The Lessor is obliged to provide the renter with a bicycle in a usable and roadworthy condition for the duration of the contract.
The renter is obliged to pay the total rental price in advance upon conclusion of the contract in accordance with the then valid price list.
1.2. Minimum Age
Bicycles are only rented to persons of full age / legal capacity.
The lessor does not exclude that the bicycles can be ridden by minors.
The responsibility for handing over the bike to minors / persons not of legal age is then incumbent on the respective renter of the bike.
1.3. Duration of the contract and liability for default
The rental agreement for the bicycle is concluded for a fixed period of time.
If there is a delay in returning the bicycle, the rental agreement shall not be extended, but the Lessor may demand compensation for use at least in the amount of the previously agreed rent. The assertion of fur-ther damages is not excluded if the renter is responsible for the delayed return.
1.4. Early Return
If a renter returns the bicycle before the contractu-ally agreed end of the rental period, he/she shall in principle not be entitled to a refund. The right to extraordinary termination for good cause remains unaffected.
1.5 Cancellation conditions
In the event of cancellation of the booking or non-collection of the rental bike, RuR will charge cancel-lation fees as compensation for expenses/losses depending on the respective rental price. This, as far as RuR is not responsible for the cancellation. The cancellation costs:
Up to 100 days before the start of the tour, a one-off fee of EUR 15.00/CHF 17.00 per bike.
From 99-45 days before departure 25%.
From 44-22 days before departure 40%
From 21-15 days before departure 60%
From 14-8 days before departure 80%
From 7 days before departure 90%
On the day of travel or non-collection 100%
2. Condition, Use, Return of Damage Case
2.1. Condition and Use
The lessor shall make the bicycle available to the renter in a proper, serviceable and roadworthy condition and cleaned. The renter confirms that he/she has been instructed in the operation of the bicycle and has familiarised himself/herself with the technical devices. The renter is obliged to use the bicycle carefully and professionally and to observe the traffic regulations. The renter is not permitted to modify or otherwise interfere with the bicycle. Exceptions (e.g. for triathletes) may be made by the renter after consultation but at his own risk.
The bicycle may not be used under the influence of drugs or alcohol.
2.2. Notification of Damage
Damage must be reported by the tenant after use at the latest - regardless of whether it was caused by fault or not. The cause of the damage must be described in detail. If damage results in the bicycle no longer being fit for use, the Rental Firm shall provide the renter with a replacement bicycle of equal value. Liability in accordance with clause 1.3 remains unaffected.
If the bicycle is exchanged, a fee of up to € 10 may be payable, unless the exchange is necessary due to a defect for which the renter is responsible.
If a change is made 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. Police in Case of Theft or Accident
In the case of theft or traffic accident, the renter must immediately notify the police or call them in and inform the lessor. In the event of failure to do so, the Renter shall be liable to the lessor for any damage resulting from such failure.
The bicycle must always be returned in the condition in which it was taken over by the renter. This does not apply to normal soiling. The bicycle must always be returned to the place where it was collected. Deviations are only possible by arrangement and may be subject to charges of up to €15. Final cleaning is included in the rental price. (opening hours posted in the station or www.radsport-mallorca.de )
3. Damage and Loss
3.1.General Liability of the Renter
The Renter shall be liable for all personal injury and damage to property, including accidental and third-party liability damage, as well as for negligent, grossly negligent and wilful acts.
The lessee shall be liable to the lessor for any damage, loss and/or breach of other contractual obligations occurring during the rental period. If, as a result of damage to the bicycle for which the Renter is responsible, there is a concrete loss of rental income due to a longer repair period, the Renter shall be liable for each day of repair (standard price for an additional day). In the event of total loss, the Renter shall be obliged to reimburse the replacement value. The rent paid will be deducted. In the event of wilful or grossly negligent damage, the renter shall be liable in full for all costs. Claims for further damages such as loss of rental income remain unaffected.
Theft of bicycles from the Lessor's premises is covered, provided the bicycle was chained correctly and in the allocated place.
3.2. Liability in the Event of Theft
The Renter shall also be liable to the Rental Firm for theft or other loss of the bicycle. In the event of theft or loss, the Renter shall be liable up to the amount of the replacement value. The rent paid by the Renter shall be deducted. If the Renter causes the damage intentionally or by gross negligence, there is no limit of liability.
3.3. Liability Renter
The contractual liability of the lessor for damages, which are not bodily injuries, is limited to three times the travel price.
a) as far as a damage of the traveller is neither caused intentionally nor by gross negligence or
b) insofar as the lessor is responsible for damage incurred by the traveller solely due to the fault of a service provider.
The tortious liability of the renter for damage to property not caused by intent or gross negligence shall be limited to three times the travel price. The maximum amount of liability shall apply in each case per traveller and trip.
3.4. Exclusion of Liability of the Renter («Insurance»)
The renter may exclude claims by the lessor in the event of accidental damage against payment of an additional fee. The fees are posted in the station or see www.radsport-mallorca.de . Claims for accidental damage are only excluded if they are not based on intent or gross negligence on the part of the renter.
3.5. Additional Equipment
All bikes are equipped with mini pump, spare tube, tube bag and 2 tyre levers. On request also with speedometer. All e-bikes are equipped with a ride assistant, key, battery and charger. Missing parts must be paid for by the renter when returning the bike.
3.6. Collateral for guests not staying in PBT-hotels
Renters who are not accommodated in contractual hotels of Philipps Bike Team Radsport & Reise GmbH (see www.radsport-mallorca.de ) must present a valid identification document (passport, identity card, ID) to the rental company when handing over the bikes
4. Final Clauses
4.1. Written form, completeness and severability clause
The contract is subject to the written form. Amendments or supplements to the contract must also be in writing. There shall be no verbal collateral agreements. The legal invalidity of individual parts and provisions of these General Terms and Conditions of Hire shall not affect their validity in other respects.
4.2.Choice of Law and Place of Jurisdiction
The provisions of this contract shall be governed by Spanish law. The courts at the registered office of the Lessor shall have exclusive jurisdiction for all disputes arising out of or in connection with this contract.
Santa Ponsa, July 2021