APPENDED CONDITIONS OF THE BICYCLES’ RENTAL CONTRACT
Usage
FIRST: The client expressly declares to receive the bicycle in perfect conditions and undertakes to return it also in perfect conditions. When returning the bicycle an e-Bike Rent member of staff together with the client will check the rented bicycle and the client undertakes to pay in case of damages the bicycle might have allowing e-Bike Rent to put charges for repair costs on the client’s credit card.
SECOND: The rented bicycle will be exclusively used by the person signing the rental contract only, who expressly undertakes to be held responsible for damages or fines that may arise even from another person using the bicycle, a person different from the person who rented the bicycle.
THIRD: The client expressly undertakes to use the bicycle respecting fully the norms and codes of traffic circulation (see leaflet) and respect the civic bylaws of Barcelona being held responsible for any fine in case of failure to comply with this regulations.
FOURTH: It is forbidden to rent bicycles to under aged people unless an over 18 years old person holds herself/himself responsible for the payment of rental time, general damages or damages to the equipment, fines or penalties which might result from the use of the bicycle by an under aged person.
It is forbidden to rent bicycles to people under the influence of alcohol or drugs. The client expressly undertakes not to use the rented bicycles if drank alcohol or took drugs in excess (it is understood by “in excess”: quantity over the legal limit established for motor-driven vehicles. The Client undertakes to answer for all legal or economic consequences that may arise in case of failure to comply with this norm.
FIFTH: The rented bicycle cannot be used to carry more people neither to transport animals nor heavy materials. It can neither be used to trail or to tow carts or any type of vehicle and it is also strictly forbidden the transportation of inflammable, explosive or corrosive goods or materials and in general the transportation of any dangerous or toxic substance.
SIXTH: It is strictly forbidden to use e-bike rent rented bicycles for racing or competitions of any nature.
Responsibilities and costs for negligence
SEVENTH: The client undertakes to return the rented bicycle to the agreed place and time. In any case a 30 minutes of courtesy period may be agreed, after this period e-Bike Rent can charge the client the amount of: €7 per hour of delay in returning the bicycle, €25 if returned the following day (within less than 24hrs. delay) or €40 after 48hs.
The client authorises e-Bike Rent to charge the corresponded amount due to delay on his/her credit card.
E-bike Rent will not refund any amount if the bicycle is returned before the agreed time on the rental contract, the hours or days, which have been paid and the client has not used, can be used for the same client later on (if there are bicycles available) and within 15 days.
EIGHTH: The client expressly undertakes to carefully look after the rented bicycle, lock it in an appropriate and safe place and in case of theft must inform e-Bike Rent immediately.
NINTH: If the bicycle is involved in an accident the client, user of the bicycle, is directly and expressly held responsible for any personal or material damages to himself and/or to any third party. E-Bike Rent is completely exempt from any liabilities, which may arise from an accident where the rented bicycle is involved. In case e-Bike Rent has to answer for the mentioned damages to third parties, e-Bike Rent will charge the same amount to the client who will also pay for costs and court fees if the rented bicycle has been involved in an accident and e-Bike Rent must attend to trial in court either civil or penal trial.
TENTH: It is strictly and expressly forbidden to change any of the technical features of the vehicle, equipment, tools and/or accessories of the bicycle or any modification to its appearances. If the client fails to comply with this norm, e-Bike Rent will charge the client all costs necessary to change the bicycle back to its original appearance/features plus will charge for compensation equivalent to the number of days that the bicycle will not be available to operate due to repairs.
ELEVENTH: E-Bike Rent is expressly authorised by the client to charge on his/her credit card after the bicycle has been returned for any cost, fine, repair or claim of any nature that e-Bike Rent might have to pay arising from the use of the rented bicycle.
Currency – Data Protection – Jurisdiction
TWELFTH: All payments made by the person signing this contract will always be issued in Euros.
THIRTEENTH: In accordance with the Data Protection Act currently in force Barcelona e-Bike Rent SL informs you that your personal, commercial or bank details are entered on an automatic file system under the responsibility of e-Bike Rent SL.
FOURTEENTH: In order to solve any discrepancy regarding the interpretation or the implementation of this contract, both parties expressly waive their personal jurisdiction and they will expressly refer to the jurisdiction of the Courts of Barcelona.