A: FOR RENTING
We will do everything to make sure your rental experience is a success and that you will have a great time. In order to ensure that you know exactly what our (and your) responsibilities are, please read the following terms and conditions.
- Use of the bicycle.
The renter accepts the bicycle in good condition, and commits himself/herself to return the bike in equally good condition, and to ride the bike respecting the rules and obligations outlined in Spain’s laws, as well as committing himself/herself:
- a) Not to adjust or manipulate the mechanical parts of the bicycle.
- b) To park the bike in a manner that is safe for pedestrians and in a place where theft is minimized (e.g. no dark alleys).
- c) To return the bike to Pedal Bike Rental at the time and date indicated on the contract. A late return will be charged according to extra time the bicycle was used (for example, you rent for 2 hours (0-2h=8€) but return the bike 1h later, you will charged 4€ extra (2-4h=12€, the difference is 4€).
- d) To be responsible for any loss or damage to the equipment which, at all times, remains the exclusive property of Pedal Bike Rental. Insurance coverage can be contracted previously to rent but is optional. Without the insurance and in case the equipment is lost, destroyed or damaged beyond repair in the judgement of Pedal Bike Rental, the renter agrees to pay Pedal Bike Rental the value to replace the equipment. The replacement charge will be determined by Pedal Bike Rental and charged at the time of the rental.
Rentals and tours are available between 10 am and 7 pm, from Monday to Sunday. The return of all equipment must be made during this period or an additional day will be charged for each day’s late return.
- Charges for use / Insurance.
We recommend that you are adequately insured. We cannot be responsible for your own illness or injury or for damage or loss of your personal belongings while on a ride or tour. It is also recommended that this insurance cover you in the event of cancelation of your trip.
The renter agrees to pay for the rental of the bike and any additional fee that is applicable for any mistreatment of the bicycle. In case a part of the bicycle is broken because of mistreatment, lost or stolen, the following additional fees will be charged:
– city bike lost/stolen: 450€ – Sadle: 25€ – Light: 15€ – Lock: 30€ – wheel: 45€
– road bike: 1.500€ – Sadle: 50€ – wheel: 250€
Pedal Bike rental offers insurance for robbery only for the city bikes. This insurance is optional but highly recommended. The insurance does not liberate a customer for further charges in case of broken, lost or stolen bike (-pieces) but will be charged 100€ when the bike get stolen.
For the road bikes the customer is the only responsible of the bike. There is no insurance available for these bikes.
- Repairs and Maintenance
In case of a breakdown, don’t abandon the bicycle. You should contact us immediately to arrange for the exchange of a bicycle of equivalent or superior quality. All repairs needed as a result of the use of the equipment including all parts, shall be paid by the renter.
- Accidents and Release of Liability
The client agrees that he/she will release Pedal Bike Rental from any and all responsibility of liability for injuries or damages to the user of the equipment listed on this form or to any other person.
The client accepts for full responsibility for the care of this equipment and thereby agrees to freely and expressly assume and accept any risks and all injury to the user of this equipment while bicycling.
- Cancellation Policy
– If a scheduled tour/rental is cancelled due to poor weather conditions such as heavy rain, customers may reschedule their booking for another date.
– In all other cases of cancellation, credit/refund will be available to costumers that only notify us via email or telephone at least 24 hours prior to the scheduled tour/rental.
PLEASE READ CAREFULLY:
– Do not leave the bike unattended. Locks deter theft but they do not prevent all theft from happening.
– Lock the front wheel, frame and steel support under seats.
– Make sure to return the key with the lock when you’re done with the bicycle.
Confirmation of Acceptance
By renting a bike or participating in an Pedal tour, you are acknowledging that you have read our terms and conditions and that you agree to be bound by them.
B: FOR TOURS
WAIVER AND RELEASE OF LIABILITY FOR TOUR PARTICIPANTS
In consideration of the risk of injury while participating in a guided tour (City Tours, Triathlons, Road Bike Tours, Races etc.) (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Pedal Bike Rental (Pedal Missatgeria a Pinyó s.l. with CIF B65156028), located at C. Cami Antic De Valencia 2, Local 2, Barcelona, 08005, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this Activity.
I agree to indemnify and hold harmless Pedal Bike Rental against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Pedal Bike Rental incurs any of these types of expenses, I agree to reimburse Pedal Bike Rental.
I acknowledge that Pedal Bike Rental and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Pedal Bike Rental.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Pedal Bike Rental and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Pedal Bike Rental for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Pedal Bike Rental, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant – this is the person that hires the bicycle and/or participates in a organized tour – and Pedal Bike Rental agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I affirm that I am of the age of 18 years or older, and that I am freely participating or renting. I certify that I have read this agreement, that fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I agree on it of the participants’ own free will.
PARENT / GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then I hereby certify that I am the parent or guardian the minor, and do hereby give my consent without reservation to the foregoing on behalf of this individual.