GENERAL TERMS AND CONDITIONS FOR THE RESERVATION OF BICYCLES
1. CONTRACTING PARTIES
On the one hand, the lessee, i.e. the person named on the front of the document, hereinafter referred to as the lessee of bicycles, accessories, etc. And on the other hand Rad Vélo (AMLA Iberic S.L with CIF B67961201, located at Carrer Caravel-la, S/N, 07610, Palma), hereinafter the lessor.
1.1. THE PARTIES DECLARE THAT: Through the present document, the parties constitute a lease agreement whereby the lessor shall be obliged to provide the lessee during the term of the contract, the bicycle(s) indicated on the front of the document, which is/are in conditions of use and adequate road safety. Likewise, the lessee, who declares to be of legal age, is obliged to pay the total amount of the rental at the time of the delivery of the bicycle.The lessee also declares to be in perfect health conditions and to be familiar with the use of the bicycle(s) and the rest of the rented equipment.
1.2. RENTAL PERIOD AND NON-COMPLIANCE WITH THE TERM OF RETURN: The lessee is responsible for the bicycle(s) during the rental period.The duration established in this contract must be respected, delivering the bicycle(s) on the day and at the time agreed upon. In the event of non-compliance with the term signed in the contract, the lessor shall have the right to demand compensation, and in the event that such non-compliance affects the reservation of another client, the compensation by the lessee may reach 500€.
1.3. EARLY RETURN: If the lessee returns the bicycle before the end of the period agreed in the contract, the lessee shall not be entitled to any refund.
2. USE OF THE BICYCLE(S), NOTIFICATION OF DAMAGES AND OTHER OBLIGATIONS
2.1. BICYCLE CONDITION AND MISUSE: The lessor shall deliver to the lessee the bicycle(s) clean, in a good state of use and proper road safety, and the lessee:
● The lessee knows about the operation of the bicycle and is familiar with the technical devices of the bicycle.
● The lessee shall be obliged to use the bicycle in a careful and technically correct manner, as well as to follow the rules and regulations of road and traffic safety, practicing a driving based on respect and caution.
● The lessee knows that the lessor prohibits the use of the bicycle under the influence of drugs and alcohol, as well as the use of the bicycle for actions that are not lawful or do not have legal purposes.
● The lessee knows that the renter prohibits making any modifications or other alterations to the bicycle(s) without the prior written consent of the lessor.
● The lessee must not use the bicycle(s) for commercial purposes.
● The lessee knows that it is expressly forbidden to sublet the bicycle(s) to third parties, unless agreed in advance and in writing.
● The lessee must not tow other vehicles with the bicycle(s).
● The lessee shall not transport flammable, explosive, corrosive or combustible substances.
2.2. MANDATORY NOTIFICATIONS:
● Mandatory notification in case of theft or accident, the lessee is obliged to immediately notify the police and the lessor. The lessee shall be liable to the lessor for any damages caused in the event of failure to comply with this obligation.
● In the event of damage occurring during the use of the bicycle regardless of whether or not the lessee is at fault. The lessee shall notify the lessor of the damage as soon as possible. In the event that the damage renders the bicycle unusable, and the bicycle is broken through no fault of the lessee, the lessor shall replace the bicycle or find a solution for it to continue.
2.3. BICYCLE EXCHANGES: If at the time of pick-up of the bicycle(s) the lessee wishes to make a change in the reservation, the lessor may do so as long as the desired size or model is available. If the bicycle is exchanged for a bicycle of a higher price, the amount of the difference must be paid at the time of the exchange. If the bicycle is exchanged for a bicycle of a lower price, the difference will not be refunded.
2.4. RETURN AFTER USE: The lessee shall be obliged to return the bicycle on the date and at the time written in the Rental Agreement in the same condition in which it was delivered, apart from any usual dirt and/or wear and tear caused (wheels, brakes, etc.).
● The lessee must carefully check the material at the time of delivery and notify any incident that may be detected to the lessor's staff.
● The bicycle must be returned on the last day of rental at the lessor's store during business hours.
● At the time of return, the lessor's staff will check the material and the bicycle(s) to confirm its condition. In case of damage, the lessee must pay the price fixed for each of the damaged parts.
● The cleaning of the bicycle is included in the rental price.
● Upon delivery of the bicycle, the contract between both parties must also be presented.
3. LESSEE'S LIABILITY FOR DAMAGE AND LOSS
If there is a loss of the bicycle(s) and/or other equipment due to theft, misplacement, or damage, the lessee shall pay the retail price of the bicycle(s) and/or other equipment.
3.1. GENERAL LIABILITY OF LESSEE: The lessee shall be liable for all personal and material damages including those resulting from accidents and civil liability, as well as damages due to negligence, gross negligence or wilful misconduct. The lessee shall be liable to the lessor for damages, losses or defaults during the rental period. It shall be the Lessee's responsibility to pay the amount stated, calculated on the lessor's current selling rate. In the event of damages based on intentional wrongful acts or gross negligence, the lessee shall be liable for the costs of repairs and spare parts.
3.2. LIABILITY FOR THEFT: The lessee shall also be liable to the lessor for theft or any other loss of the bicycle. In the event of theft the lessee shall be liable for the amount of the lessor's current sales rate price. The rental price paid by the Lessee will be deducted from the total price.
3.3. REFUND OF THE AMOUNT PAID FOR THEFT: If, after a theft, the bicycle is found again, the lessor will refund the lessee the amount paid, provided that the bicycle is in a condition in which it can still be rented, and as a gesture of goodwill, inform the lessee in order to be able to refund what is due or part of it.
3.4. EXCLUSION OF LIABILITY OF THE LESSOR ("INSURANCE"): The lessor's claims for accidental damage may be excluded for a supplementary fee paid by the lessee. It shall be based on the model of the bicycle and shall be paid at the time of signing the contract. The right to claim for accident damage is only excluded if the damage is not due to intent or gross negligence on the part of the lessee.
3.5. LIABILITY OF THE LESSEE: The lessee is responsible for being insured with a policy of coverage against the risks that the use of the bicycle carries. The lessor shall in no case be liable for claims for accidents, injuries or death, as well as for damages caused to third parties. The lessor shall also not be liable for the loss or theft of personal belongings that may occur during the rental period.
3.6. ADDITIONAL EQUIPMENT: All bicycles are equipped with an odometer, a mini-pump, a bag with a camera, an Allen wrench and disassemblers. These are not included with the "insurance" and the missing parts at the time of delivery of the bike, must be paid by the lessee according to the price established by the lessor.
4. CANCELLATION OF THE RESERVATION.
4.1. For the cancellation of the reservation, an email must be sent to email@example.com indicating: Name; ID, DNI or passport; date of pick-up, and telephone number.
4.2. If the lessee communicates the wish to cancel the reservation at least 15 days before the pick-up date, the full amount of the reservation will be refunded.
4.3. If the notification of cancellation of the reservation is made less than 15 days in advance, the right to a refund will be lost.
4.4. Cancellations due to weather conditions will not be accepted.
4.5. If the lessee is going to be delayed more than 24 h in the pickup, the lessee must communicate as soon as possible by email to firstname.lastname@example.org. Otherwise, we will cancel the reservation the next day and the lessee will lose the right to a refund of the amount paid.
According to the provisions of Article 103 of Law 3/2014, of 27 March amending the revised text of the General Law for the Defense of Consumers and Users, the provision of accommodation services for purposes other than serving as a dwelling, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance, are exempt from withdrawal.
6. DATA PROTECTION
According to the applicable and current legislation on data protection, AMLA Iberic S.L. informs users that personal data collected during the registration process and/or reservation, will be incorporated into the processing system, owned by AMLA Iberic S.L., in order to process such actions by the user and manage subsequent actions arising therefrom.
7. GENERAL CLAUSES AND APPLICABLE LAW
7.1. Written conditions: This contract shall be subject to written conditions. Any modification or supplement to the contractual agreement must also be in writing. Supplementary verbal agreements shall never be made.
7.2. Applicable Law and Jurisdiction: The provisions of this contract shall be subject to Spanish law. Any controversy that may arise in the interpretation of this contract shall always be subject to the jurisdiction of the Courts and Tribunals of Palma de Mallorca.
8. SCOPE OF OUR SERVICE
Through our website, we provide a link through which our users can book their stay at the linked hotel. We act only as a connection between you and the hotel because despite accessing from our website, you are accessing the hotel's website, so the information shown is the one that the hotel has directly, being the hotel fully responsible for updating the rates, availability and other data that appear through this link.
By making a hotel reservation through www.radvelomallorca.com, you establish a direct contractual relationship (legally binding) with the hotel with which you have booked and exclude Rad Vélo (Amla Iberic S.L.).
Therefore, we can not verify or guarantee that all information is accurate, complete, or correct unless it is directly dependent on us. Nor can we be held responsible for errors (such as manifest and typographical errors), interruptions due to temporary and/or partial server downtime or repairs, updates and maintenance of our website or other reasons, inaccurate, misleading, or false information, or lack of information. The hotel is responsible at all times for the accuracy, and correctness of the information (both descriptive and concerning rates and availability). Our website does not constitute and should not be seen as a recommendation or endorsement of the quality, level of service, rating, or classification by stars of any hotel, or its facilities, premises, products, or services available.
Rad Vélo (Amla Iberic S.L.) in specific cases may assist the user to establish communication with the hotel as a voluntary service, non-binding and exempt from liability to both the user and the hotel.
1. Responsible for the treatment
The data controller is AMLA Iberic S.L with CIF B67961201, hereinafter Rad Vélo Mallorca, residing at C/Presidente Adolfo Suárez, 104, 09006, Burgos, owner of the website accessible through the URL: https://www.radvelomallorca.com.
2. Data collection, purposes, basis of legitimacy and retention periods:
a. Contact: The user can contact, through the forms established for this purpose on the web. You must provide your name, email, as well as the reason, subject, or question. Rad Vélo will use this data to process the query and contact the user. The legal basis for the processing of such data is based on the consent of the user. The data retention period for this purpose shall be one year unless other periods are applicable.
b. Reservation of bicycles and Rad Vélo services: To reserve a Rad Vélo service, it will be necessary for the user to provide identification data, such as name, surname, residence address, nationality, company name, DNI, NIE, or Passport; e-mail, contact telephone number and any other data requested for the processing of the reservation on the web. The user must also indicate the type of card with which they wish to make the payment of the reservation to Rad Vélo, indicating the number and expiration date of the same as well as the CVV. Rad Vélo uses a secure payment gateway, which means that Rad Vélo has no visibility of the data of the means of payment and no possibility of storing them. The legal basis for the processing of such data is based on the contractual relationship formalized with the user after the acceptance of the General Terms and Conditions for the reservation of bicycles and services. The period of conservation of the data will be adequate to comply with the contractual obligations except for the legal obligation of conservation.
c. Newsletter: The user may, if desired, provide their identification data and email address and thus subscribe to news, promotions, and news from Rad Vélo, to receive periodic communications in your email or mobile device (if any). The legal basis for the processing of such data is based on the consent of the user. We will keep the data as long as you remain registered in our newsletter sending system, then we will block them for three years for reasons of prescription of legal actions and after that period we will delete them. At any time you can revoke your consent through the links provided or by writing to us at email@example.com
d. Blog: The user can make comments on the blog of Rad Vélo so that the data provided will be processed to manage the publication on the web. The legal basis for the processing of such data is based on the consent of the User. Your comments will remain permanently on the Website unless you request their deletion.
e. Cookies: The website has technology for the implantation of files called cookies in the equipment that is used to access and browse the platform. Cookies can be blocked or disabled at any time through the browser configuration options. For more information, you can consult our Cookies policy. The legal basis for the processing of such data is based on the consent of the User.
f. Advertising: If the user expressly authorizes it, Rad Vélo may send advertising services and/or promotions available on the Website, such as news and/or discounts among others. The legal basis for the processing of such data is based on the consent of the user. The period of conservation of the data will be the time you remain registered in our system for sending advertising and you have not revoked your consent. At any time you can revoke your consent through the links provided or by writing to us at firstname.lastname@example.org.
3. Exercise of rights
Likewise, the user may revoke the consent to the treatment, exercising the rights of access, rectification, deletion, portability, opposition, and limitation to the treatment, putting it in the knowledge of Ras Vélo through an email addressed to email@example.com, indicating as subject "Data Protection". On special occasions, we may ask the user to prove his identity using an official document, for example, to prevent access to his data by third parties. Finally, the user will be able to communicate any modification in writing or to request the cancellation, indicating it in any of the provided addresses. At any time, the user may file a complaint with the Spanish Data Protection Agency to enforce their rights.