General Terms and Conditions (GTC)
Philipps Bike Team | Radsport & Reise GmbH | Mallorca Radsport & Reise SLU

1. Contract partner

The „Philipps Bike Team“ brand stands for cycling holidays organised and managed by Radsport & Reise GmbH (RuR) and bike hire through Mallorca Radsport & Reise SLU. Radsport & Reise GmbH acts as an agent for online bike hire. It assumes responsibility for ensuring that the brokered services (bike hire) are provided in full by the hire company (MRuR), provided that the hire price has been paid in full to RuR or MRuR. The following terms and conditions apply between the tour participant and Radsport & Reise GmbH for cycling holidays and Mallorca Radsport & Reise SLU (MRuR) for bike rentals.

2. Conclusion of contract

2.1 Conclusion of the contract

The contract between the traveller and RuR is concluded by offer and acceptance. As a rule, the offer is made by written, telephone, electronic (online) or personal booking by the traveller. Acceptance takes place with the booking confirmation by RuR. From this point in time, the rights and obligations (including payment of the participation / booking price) arising from the contract are binding for the participant and all other registered participants on the one hand and RuR on the other. The written confirmation can also be sent electronically.

2.2. Package holiday

2.1. applies analogously to the booking of a package holiday made verbally, by telephone, electronically, in writing, by e-mail or by fax. A package holiday exists if several services are booked at the same time. RuR issues a travel insurance certificate in accordance with the provisions of German travel law.

2.3. Passport, visas, vaccinations

All travellers are responsible for complying with passport and visa regulations as well as current health regulations and for obtaining the necessary personal travel and entry documents (including visas). In any case, we recommend that you visit the relevant websites of the German Foreign Office, the Spanish health authorities and the Spanish health authorities. If participation in a booked trip is prevented by missing documents or non-compliance with entry regulations, the usual cancellation regulations from §6 apply.

Visa and other entry fees shall be borne by the customer. In addition to passport and visa regulations, customs, foreign exchange and health regulations must also be observed and are the responsibility of the customer.

3. Prizes cycling holidays

Current price lists can be found at www.radsport-mallorca.de All prices are inclusive of VAT (unless otherwise stated) and are quoted in accordance with § 25 UStG and in EURO (EUR).

3.1. Price changes

In accordance with the German Civil Code (Bürgerliches Gesetzbuch, BGB) and the Civil Code (Zivilgesetzbuch, ZGB), RuR is entitled to increase the travel price agreed in the contract if the points below have a direct impact on the travel price:

1. Increase in taxes and other charges for agreed travel services, such as tourist taxes, harbour or airport fees
2. Change in the exchange rates applicable to the package holiday in question

RuR will inform the traveller of the price increases with detailed explanations. RuR is also obliged to grant the traveller a reduction in the tour price at his request if and to the extent that the prices or charges stated here have fallen after the conclusion of the contract and before the start of the tour and this leads to lower costs. Administrative expenses at the expense of RuR are to be taken into account here. Price increases are only permitted up to the 20th day before the start of the holiday. In the event of price increases of more than 8%, the customer is entitled to either accept the change or withdraw from the contract free of charge within a reasonable period set by RuR. If the customer does not expressly declare cancellation within the reasonable period set, the change is deemed to have beenaccepted.

4. Services

4.1 Scope / Duty to co-operate

The basis of the offer and the customer‘s booking is the tour description or service description and the supplementary information provided by Philipps Bike Team (RuR / MRuR) for the respective tour or individual service (e.g. hire by MRuR), insofar as this is available to the customer at the time of booking (including the website). The tour participants undertake to pay the agreed (package) price for the tour and any special services not included in the (package) price, such as insurance premiums, security and airport taxes and petrol surcharges, at their own expense.

4.2. Changes to the scope of services

RuR reserves the right to change service descriptions in catalogues, brochures and on the Internet at any time and without prior notice. The service description at the time of booking is binding.

5. Terms of payment

5.1. Payment terms

The total payment for travel bookings is due no later than 30 days before the start of the holiday. However, a deposit of 20% of the invoice amount is due immediately upon booking, after receipt of the invoice / confirmation. The travel documents will not be issued until the full invoice amount has been paid. For bookings made less than 30 days before the start of the holiday, the travel price is due immediately. Failure to pay on time entitles RuR to withdraw from the contract (after sending a reminder with a deadline). For rental bookings, the rental price is due immediately upon booking.

In the case of package holidays, RuR will only request or accept payment of the travel price before the end of the package holiday if the customer has been given the security certificate with the name and contact details of the customer money insurer in a clear, comprehensible and emphasised manner.

5.2. Fees

We charge the following flat rates for bookings made through our travel agency:

• Booking trip with hotel 15 EUR / person
• Booking only rental bike 10 EUR / person
• Online booking none

6. Cancellation, changes, rebooking, replacement person

6.1. Cancellation before the start of the trip

The participant may cancel the booked trip at any time before the start of the trip. The cancellation must be made in writing. Cancellation by e-mail is permissible. The date of receipt is decisive for the cancellation costs: For hotel cancellations, the date of receipt of the cancellation by the hotel is decisive. Please note that RuR can only forward the cancellation during working hours (Monday-Friday until 3 pm).

6.2. Cancellation costs for travel services

In the event of cancellation before the start of the trip or non-commencement of the trip by the participant, RuR will charge cancellation costs as compensation for travel arrangements and expenses depending on the respective travel price. This applies if RuR is not responsible for the cancellation. The same applies if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the realisation of the trip. The cancellation costs depend on the time of cancellation:

Time before departure Costs

• up to 45 days 20%
• from day 44 to 22 30%
• from day 21 to 15 50%
• from day 14 to day 8 75%
• from day 7 to day 1 80%
• for non-arrival on the day of travel 100%

In any case, the customer is at liberty to prove to RuR that no damage at all or significantly less damage has been incurred than the cancellation fee / flat rate demanded. >>>Cancellation costs for our rental bikes see 13.1.5.<<<

6.3. Travel cancellation insurance

We strongly recommend that you take out travel cancellation insurance at the time of booking. We will be happy to take care of this for you. The insurance should be taken out when the trip is booked, a later conclusion is possible up to 30 days before the trip. Travel start possible. For bookings made 29 days or more before departure, the contract must be concluded on the day of booking, at the latest on the following working day.

Detailed product and consumer information on Union Reiseversicherung services can be found at www.urv.de

6.4. Changes to the trip by the traveller / rebooking costs

The customer is not entitled to make changes to the date of travel, the destination, the place of departure, the accommodation, the type of catering, the mode of transport or other services (rebooking) after conclusion of the contract. This does not apply if RuR is responsible for the rebooking. If, in other cases, a rebooking is nevertheless made at the customer‘ s request, a processing fee may be charged. If the customer does not make use of individual travel services for reasons attributable to the customer, the customer shall not be entitled to a pro rata refund of the travel price. This does not apply if such reasons would have entitled the customer to cancel or terminate the travel contract free of charge in accordance with the statutory provisions.

6.5. Fees for changes and rebookings

Rebookings are only possible via our travel agency. They must be made in writing, an email is sufficient. For changes to bookings we charge a processing fee (rebooking fee) as follows:

• Trip incl. hotel 30 EUR / person
• Rental bike only 15 EUR / per person

If the total price of the changed order is higher, the fee is a flat rate of EUR 15 per person (trip incl. hotel) or EUR 10 per bike (rental bike only).

6.6. Transport of bicycles

If, in exceptional cases, RuR books flights for customers, the customer is responsible for packing the bike properly if they are travelling with their own bike. When travelling by air, bicycles must be registered in advance with the relevant airline and, if applicable, with the transfer company on Mallorca.

6.7. Substitute person

If you are unable to take the booked trip, a substitute person may take the trip in your place, provided they fulfil the necessary travel requirements and conditions. We charge a fee of EUR 30 for this change. If third party service providers also charge rebooking fees, these will be added. The traveller will be informed of this prior to the rebooking.

A change to a replacement person for hire bike bookings only is free of charge. Availability of the new frame size required is only guaranteed once a definitive change has been made (in writing). If this is not available, a change to an alternative bike can be made at no additional cost. A claim only exists for the next available category.

6.8. Cancellation of the journey

If the trip is cancelled for reasons that are not justified by „non-fulfilment of services“, no costs for unused services will be refunded. Additional costs for the early return journey shall be borne by the customer.

6.9. Cancellation due to failure to reach the minimum number of participants

If a minimum number of participants is stated in the tour description and this is not reached, RuR may cancel the tour. This must be done no later than 30 days before the start of the trip. If the cancellation is due to a pandemic or other „force majeure“, this can also be done at shorter notice. Any payments already made will be refunded.

7. Cancellation due to force majeure / pandemic

If the execution of a trip is endangered, made more difficult or even impossible before the departure date due to force majeure (epidemics, pandemics, natural disasters, political unrest at the holiday destination), official measures or strikes and cannot be started, RuR can also cancel the trip in the interests of the customer. Any payments already made will be refunded.

8. Termination due to disruption or behaviour in breach of contract

RuR may terminate the contract without notice if the customer persistently disrupts the trip despite a warning or if the customer behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the behaviour in breach of contract is due to a breach of RuR‘s duty to provide information. RuR retains the right to the travel price. However, RuR must take into account the value of saved expenses and reimbursements from service providers.

9. Programme changes during the trip

Unforeseen circumstances may make it necessary to change the programme or individual services in the interests of the customer during the trip. In this case, RuR will endeavour to offer equivalent replacement services. In the event of programme changes due to force majeure, strike, official measures, etc., contractual claims for damages are excluded. In addition, the same provisions as in Section 8.1. also apply in this constellation.

10. Liability

10.1 In principle

RuR is liable for the proper fulfilment / execution of the trip or the individually booked services. RuR will reimburse the cancellation of agreed services or any additional expenses incurred by you as a result, insofar as no equivalent replacement service could be offered.

RuR‘s contractual liability for damages that do not result from injury to life, limb or health and were not culpably caused is limited to three times the tour price. Any further claims under the Montreal Convention or the Air Traffic Act remain unaffected by this limitation of liability. We accept no liability for programme changes due to flight delays or strikes. We are also not liable for changes to the travel programme due to force majeure, official measures and delays by third parties. Liability is excluded if the non-fulfilment or incorrect fulfilment is due to negligence or to the behaviour of you or a third party who is not involved in the provision of the service, or to force majeure or events that cannot be foreseen or averted.

RuR is not liable for service disruptions, personal injury or damage to property in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, exhibitions, supporting programmes) if these services are expressly and clearly identified as third-party services in the travel description and travel confirmation, stating the identity and address of the arranged contractual partner, so that the traveller can recognise that they are not part of the RuR package tour and have been selected separately. A rental bike that RuR arranges for MRuR as part of a travel package is part of the package holiday within the meaning of this paragraph. The statutory provisions remain unaffected by this.

RuR is liable for damages resulting from a breach of information, clarification or organisational obligations.

10.2. External events

RuR accepts no liability for offers from third parties that are not expressly organised by us and for which we are not responsible as the service provider.

10.3. Risk

Cycling holidays are active holidays. Cycling is at the traveller‘s own risk. Travellers bear a high degree of personal responsibility for avoiding accidents and physical injury resulting from cycling, even if they are travelling in a group with a group leader. Travellers are responsible for complying with road traffic regulations, even in a group. Wearing a helmet is a legal requirement in Spain and is obligatory on all journeys by bike.

10.4. Travel guarantee / insolvency insurance

RuR has taken out insolvency insurance with TourVERS GmbH, in accordance with § 651r of the German Civil Code. This guarantees that the amounts paid for your trip and the costs of the return journey are covered.

11. Insurances

We recommend that you check your personal luggage and travel insurance, accident, health and hospitalisation insurance and take out an appropriate level of cover for your trip. You can obtain information from your personal insurance agent. Detailed information at www.urv.de

11.1. Rental bike insurance

Rental bike insurance can be taken out for rented bikes to cover the costs of damage or total loss of the bike in the event of a fall or accident. Theft and defective inner tubes are not covered.

12. Complaints / Claims for compensation

12.1 Duty to provide information

RuR must be informed if the customer does not receive the necessary travel documents (e.g. hotel voucher) within the notified period.

12.2. Measures during the journey

Should you have cause for complaint during the trip, you are obliged to report this immediately and to demand immediate redress. This is a necessary prerequisite for the subsequent assertion of claims for compensation and generally enables satisfactory remedial action to be taken on site.

If the complaint does not lead to an appropriate solution, a confirmation must be requested from our local representative which records your complaint and its content. Claims for damages on site are not possible. If RuR does not offer an appropriate solution within a reasonable time, at the latest within 48 hours, you are entitled to rectify the defects yourself. You will be reimbursed for the costs incurred as part of the statutory and contractual liability against receipt.

Insofar as no remedy could be provided as a result of a culpable omission of the notification of defects, the customer may neither claim a reduction in price in accordance with 651m BGB can still assert claims for damages in accordance with § 651n BGB. If the customer wishes to terminate the contract due to a travel defect of the type described in Section 651i (2) BGB, insofar as it is significant, in accordance with Section 651l BGB, the customer must first set RuR a reasonable deadline for remedial action. This does not apply if RuR refuses to remedy the defect or if immediate remedy is necessary.

For information: The customer is advised that loss of, damage to or delay of baggage in connection with air travel must be reported by the customer to the responsible airline immediately on site by means of a damage report („P.I.R.“) in accordance with aviation regulations. Airlines may refuse reimbursement on the basis of international agreements if the damage report has not been completed.

The damage report must be submitted within 7 days in the event of damage to baggage and within 21 days of delivery in the event of delay.

12.3. Compensation for damages / limitation period

Claims for compensation should be addressed to RuR immediately. The contractual claims listed in § 651 i para. (3) BGB are subject to a limitation period of two years. The limitation period begins on the day on which the trip should end according to the contract. Assertion in text form is recommended.

13. Conditions for the hire of bicycles

13.1. Contractual partner, duration, cancellation

13.1.1. Contractual partners and basic obligations

The Philipps Bike Team brand is operated by two companies. The German company Radsport & Reise GmbH acts as an agent for bike hire and the Spanish company Mallorca Radsport & Reise SLU is the hire company. The lessor (MRUR) is obliged to provide the lessee with a bicycle in a serviceable 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 thenvalid price list.

13.1.2. Minimum age

Bikes are only rented to persons of legal age / legal capacity. The hire company does not rule out the possibility that the bikes may be ridden by minors. The responsibility for handing over the bike to minors / persons without legal capacity is then the responsibility of the person renting the bike.

13.1.3. Contract duration and liability for default

The rental agreement for the bicycle is concluded for a fixed term. If there is a delay in returning the bicycle - even if this is not the fault of the renter - the rental agreement is not extended, but the lessor can demand compensation for use at least in the amount of the previously agreed rent. The assertion of further damages is not excluded if the tenant is responsible for the late return.

13.1.4. Early return

If a renter returns the bicycle before the contractually agreed end of the rental period, he / she is generally not entitled to a refund. The right to extraordinary cancellation for good cause remains unaffected by this.

13.1.5 Cancellation conditions

If the booking is cancelled or the rental bike is not collected, the Rental Firm shall charge cancellation costs as compensation for expenses / losses depending on the respective rental price. This applies insofar as the Rental Firm is not responsible for the cancellation. The cancellation costs for package tours are governed by paragraph 6. The cancellation costs for pure rental bike bookings are:

• Up to 100 days before departure one-off fee EUR 15.00 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 departure or in case of non-collection 100%

13.2. Condition, use, return in the event of damage

13.2.1. Condition and utilisation

The Rental Firm shall make the bicycle available to the hirer in a professional, serviceable and roadworthy condition and cleaned. The hirer confirms that he has been instructed in the operation of the bicycle and has familiarised himself with the technical equipment. The renter is obliged to use the bicycle carefully and professionally and to observe the road traffic regulations. The hirer is prohibited from modifying or otherwise tampering with the bicycle. Exceptions (e.g. for triathletes) may be made by the hirer at his own risk after consultation. The bicycle may not be used under the influence of drugs or alcohol.

13.2.2. Damage report

Damage must be reported by the tenant after use at the latest - regardless of whether it is the tenant‘s fault or not. The damage must be described in detail. If damage means that the bicycle is no longer fit for use, the Rental Firm shall provide the hirer with an equivalent bicycle as a replacement. Liability in accordance with clause 13.3 remains unaffected.

13.2.3. Exchange

If the bike is exchanged, a fee of up to €10 may be payable, unless the exchange is necessary due to a defect for which the hire company is responsible. When changing to a higher price category, the difference must be paid. If you change to a lower category, you are not entitled to a refund of the difference.

13.2.4. Police in the event of theft and accident

In the event of theft or a traffic accident, the tenant must notify or call the police immediately and inform the landlord. In the event of failure to do so, the tenant shall be liable to the landlord for any damage resulting from the omission.

13.2.5. Return

The bicycle must always be returned in the condition in which it was received 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 hire price. The bike must be returned on the last day of hire by 6 p.m. at the latest within the opening hours of the receiving station (opening times posted at the station or www.radsport-mallorca.de).

13.3. Damage and loss

13.3.1. General liability of the tenant

The hirer is liable for all personal injury and damage to property, including accident and liability damage, as well as for negligent, grossly negligent and wilful acts. The hirer shall be liable to the Rental Firm for any damage, loss and / or breaches of other contractual obligations occurring during the hire period. If, as a result of damage to the bicycle for which the hirer is responsible, the hirer has to cancel the hire due to a longer repair period, the hirer shall be liable for each day of repair (standard price for extra day). In the event of a total loss, the renter is obliged to reimburse the replacement value. The rent paid will be deducted. In the event of wilful or grossly negligent damage, the hirer is fully liable for all costs.

Claims for further damage such as loss of hire remain unaffected. Bicycle theft from the lessor‘s premises is covered, provided the bicycle was correctly chained to the allocated space.

13.3.2. Liability for theft

The hirer shall also be liable to the Rental Firm for the theft or other loss of the bicycle. In the event of theft or loss, the hirer shall be liable up to the amount of the replacement value. The rent paid by the renter will be deducted. If the hirer causes the damage wilfully or through gross negligence, there is no limit of liability.

13.3.3. Lessor‘s liability

The Lessor‘s contractual liability for damages other than personal injury is limited to three times the price of the holiday.

• a) insofar as damage to the traveller is caused neither intentionally nor through gross negligence, or
• b) insofar as the lessor is liable for damages incurred by the traveller solely due to a) is responsible for the fault of a service provider.

The lessor‘s liability in tort for damage to property that is not due to intent or gross negligence is limited to three times the tour price. The maximum liability applies per traveller and trip.

13.3.4. Exclusion of liability of the tenant („insurance“)

Claims by the hire company in the event of accidental damage can be excluded by the hirer for an additional fee. The charge depends on the type of bike. Prices can be found at www.radsport-mallorca.de or on the notice board at the station. Claims for accidental damage are only excluded if they are not based on intent or gross negligence on the part of the hirer.

13.3.5. Additional equipment

All bikes are equipped with a mini pump, spare inner tube, inner tube bag and 2 tyre levers. All e-bikes are equipped with a driving assistant, key, battery and charger. Any missing parts must be paid for by the hirer when returning the bike.

13.3.6. Collateral

Renters must present a valid identification document (passport, identity card, ID) to the hire company when picking up the bike.

13.3.7. Driving off-road

All bikes rented out by the hire company may not be ridden off-road, regardless of their design.

14. Data protection

The collection and processing of customers‘ personal data by RuR and MRuR are explained in the privacy policy at www.radsportmallorca.de. This forms an integral part of the GTC.

15. Severability clause

The full or partial invalidity or ineffectiveness of individual provisions of these GTC shall not affect the validity of the remaining provisions or parts of such provisions. Invalid or ineffective provisions shall be replaced by provisions that correspond as closely as possible to their legal or economic meaning. The same procedure is to be followed if there is a loophole in these GTC.

16. Place of jurisdiction

The entire legal and contractual relationship between the customer and RuR shall be governed exclusively by German law. Spanish law applies to the legal and contractual relationship for rental contracts concluded locally in Mallorca. The place of jurisdiction for legal action brought by RuR against customers or contractual partners of the package holiday contract who are merchants, legal entities under public or private law or persons who have their domicile or usual place of residence abroad or whose domicile or usual place of residence is unknown at the time the action is brought shall be the registered office of RuR.

Valid from 1 January 2024