cycle sierra nevada - general terms
These are the general terms of hiring a bicycle with Cycle Sierra Nevada. However the full Terms & Conditions of Bicycle Hire are set out below and these supersede the general terms.
Bikes and equipment can only be hired from Cycle Sierra Nevada on completion of a Hire Agreement Form or by accepting our hire conditions on our online booking portal along with credit card details, before the commencement of the hire period.
Cycle Sierra Nevada are not responsible for injury or damages caused to/by the client during the hire period.
A fine will be incurred by the hiree in the event of a late return of hired bicycle (details of which are set out below).
THE BIKES ARE NOT INSURED. Accidental insurance cover is priced at 20 Euros per hired bicycle. Theft, loss or broken frame is not covered by the insurance and the hiree is fully responsible for incidental theft or failure to return a cycle.
It is a legal requirement to use a helmet whilst cycling in Spain and helmets are provided free of charge if requested.
All cycles come with one spare tube, mulitool and a pump with hire. However a charge of €5 is incurred if the tube is used. Any items not returned will incur a charge of €20 per item not returned.
All cycles are presented in immaculate working order set up by professional mechanics, and, whilst Cycle Sierra Nevada accept general wear and tear during hire, any cycle returned with excessive cleaning required will result in a €25 charge to the client.
Theft and damage caused to any cycle will be charged to the hiree. This cost will amount to the loss incurred to Cycle Sierra Nevada, and not the retail value of any cycle part or frame.
Full payment must be made at time of booking and only refundable 1 week prior to the hire period.
Terms & Conditions of bicycle hire
1. CYCLE HIRE TERMS AND CONDITIONS
1.1 Cycle Sierra Nevada aim to provide high quality specialist bikes for hire. To achieve this at a reasonable cost we ask our customers to treat the equipment responsibly.
1.2 Bikes and equipment can only be hired from Cycle Sierra Nevada on completion of a Hire Agreement Form or by accepting our hire conditions on our online booking portal. B reserves the right to take the customer's Credit Card details to hold as security until the bike is returned in the condition it was hired out in. Upon acceptance of these Terms & Conditions a binding contract is formed between Cycle Sierra Nevada and the hiree. Cycle Sierra Nevada reserve the right not to accept or to fulfill a Booking.
1.3 All Bookings are subject to availability. When a Booking is made by one person on behalf of another person or people that person confirms to Cycle Sierra Nevada that he or she has the authority to make such a booking.
1.4 The Hire period commences on the day the cycle(s) and equipment is collected or dispatched to you and continues until the cycle(s) and equipment is returned to the business premises of Cycle Sierra Nevada.
2. HIRER'S TERMS AND CONDITIONS
2.1 You are responsible for ensuring that you are physically fit enough to undertake cycling any distance or compete in events using Cycle Sierra Nevada Cycle(s) or Equipment you have booked. Cycle Sierra Nevada does not accept any responsibility for your failure to complete your Hire period due to lack of fitness, illness or injury. Cycle Sierra Nevada does not accept liability for death, personal injury, loss or damage to personal effects to any participant, nor can Cycle Sierra Nevada accept any responsibility for delays or changes to your period of Hire due to weather, strikes, war, terrorism or other causes.
2.2 You accept that cycling on a public highway and competition on such carries its own risks and you have made your booking on the basis that you undertake the Hire at your own risk. You understand and accept that wearing of cycle helmets is mandatory at all times when riding in Spain.
2.3 You will ride your cycle responsibly at all times. You will not hold Cycle Sierra Nevada responsible for any loss, damage or injury including death to persons or property with regard to the use of the cycle(s) and equipment hired. You accept responsibility to Indemnify Cycle Sierra Nevada against any claim, interest, demand or expense in respect of such injury or damage.
2.4 You will ensure that you have suitable Insurance cover at all times during the period of your hire. Cycle Sierra Nevada may offer Bicycle Insurance as part of it’s offer and will only use a reputable and affiliated Insurance provider.
2.5 You are responsible for all cycles and equipment hired or loaned and it your responsibility to keep these items safe from damage, loss or theft, use it in a proper manner and not subject it to any misuse or unfair wear and tear.
2.6 Any damage caused due to crash or neglect is the Customer’s responsibility and will be charged for.
2.7 You will notify Cycle Sierra Nevada immediately of any loss, damage or theft to the hired cycles or equipment however caused. You will be responsible for paying Cycle Sierra Nevada the reasonable costs of repair or replacement for any such loss, damage or theft.
2.8 You will not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the hired cycle(s) or equipment.
2.9 Cycle Sierra Nevada staff are usually available by phone or email to help out with any problems during the hire period; however it is the customer’s responsibility to assemble, set up and keep a check on the bike they have hired. Whilst Cycle Sierra Nevada will always do it’s best to have staff available during the hire period this cannot be guaranteed.
3. PAYMENT TERMS
3.1 Payments are collected on booking the bike. Our cancellation policy is as follows:
Up to 4 weeks before the event or hire date - 25% administration charge.
Up to 2 weeks before the event or hire date - 50% of the value of the hire.
Up to 7 days before the event or hire date - 100% of the value of the hire.
3.2 In consideration of our arranging and fulfilling your Hire in accordance with these terms and conditions you will pay Cycle Sierra Nevada the total price for your period of Hire plus a deposit set out in the Hire Agreement Form in advance of the hire commencing.
3.3 Late return of the Bike will be charged at twice the published daily hire rate for each day/ part day that the bike is returned late.
3.4 A Credit Card will be required at the commencement of any hire period, but this may extend to a deposit to the value of the cycle(s) by credit or debit card payment or other surety as deemed sufficient by Cycle Sierra Nevada depending on Cycle Sierra Nevada’s assessment of the risk and the value of the equipment. If a deposit is taken it will be returned at the end of the hire period provided that;
Any cycles and/or equipment hired or used are returned in an undamaged condition to Cycle Sierra Nevada
Any cycles and/ or equipment hired or used are returned within the arranged hire period at an arranged time and place to Cycle Sierra Nevada
3.5 If the terms set out in 3.4 (above) are not complied with, Cycle Sierra Nevada reserve the right to charge reasonable charges until such time when cycles and/or equipment concerned have been returned to Cycle Sierra Nevada. In the case of cycles and/or equipment left or returned damaged, you are responsible for any costs incurred and sustained in replacing or repairing (whichever the cheaper) the items concerned to a condition equivalent to that prior to the Hire.
3.6 In all cases normal wear and tear as defined by the products manufacturer or supplier is accepted and allowed and is included in any hire price
3.7 In all cases, the security/damage deposit can be used as a deposit against the costs or charges mentioned herein.
4. PERSONAL SAFETY
4.1 It is the rider’s responsibility for their own safety. Cycling involves personal risk and you must ride responsibly.
4.2 Injury(s) and/or death associated with the sport of cycling may result from weather, excessive speed, collision with inanimate objects or other persons, rider inexperience, error or abuse of equipment.
4.3 First time of novice bikers should use the equipment under the supervision of an experienced rider.
4.4 You must not cycle under the influence of alcohol, strong medication, other drugs or fatigue.
5. OUR LIABILITY TO YOu
5.1 Cycle Sierra Nevada does not accept responsibility for death, personal injury and direct loss suffered by you.
5.2 Cycle Sierra Nevada will not be liable to you where any alleged loss or damage results from;
Any of your own actions or omissions;
The action or omission of a third party not connected with the provision of your bike hire:
An event or circumstances which we could not have predicted or avoided even after taking all reasonable care;
Where any loss or damage is considered to be indirect or consequential loss.
5.3 Cycle Sierra Nevada’s total liability to you under this contract between us shall be limited to the total cost of your Booking.
5.4 Cycle Sierra Nevada shall have no liability to you if we are unable to fulfill a Booking due to an event of Force Majeure. In the event of Cycle Sierra Nevada being unable to fulfill your booking our liability to you shall not exceed to the agreed cost of the hire.
6.1 These terms and conditions constitute the entire agreement between us, and supersede any previous agreement or understanding and may not be varied except in writing between us. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
6.2 Any notice required or permitted to be given by either of us to the other under these terms and conditions shall be in writing.
6.3 No failure or delay by either of us in exercising any of its rights under these terms and conditions shall be deemed to be a waiver of that right, and no waiver by either of us of any breach of these terms and conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.4 If any provision of these terms and conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
6.5 Except as otherwise expressly provided herein, nothing in these terms and conditions confers or purports to confer on any third party any benefit or any right to enforce any of these terms or conditions.
6.6 These terms and conditions shall be governed by Spanish law, and both of us hereby agree to submit to the exclusive jurisdiction of the Spanish Courts in the province of Granda.