Our conditions of bicycle and equipment hire and guided bike tours
1. Contracting parties
- 1.1) The contracting parties are the customer, who has to be of age 18 years or older, and Forever Cycling S.L., (henceforth bike2malaga). bike2malaga undertakes to make the bicycle booked in advance, described on the rental form available to the customer, together with all other rental equipment (in conjunction referred to as 'the rented item'), for the period of validity of the contract, ensuring that they are in a usable state and that they comply with road safety regulations. The customer undertakes to pay the total rental price at the moment of signing the contract and to enter into the contract.
- 1.2) The rental relationship for the rented item shall last for a specific period of time. Rental day period starts at 9h and ends at 17h. More than a day rentals or week(s) rentals can be agreed with bike2malaga. For all rented items a prior booking is recommendable.
- 1.3) The rented items must be picked up at and brought back to bike2malaga shop address shown on homepage www.bike2malaga.com (Hoyo de Esparteros 9, 29005 Malaga).
- 1.4) If the customer fails to return the rented items to bike2malaga within the agreed rental period, even for reasons beyond his/her control, bike2malaga shall be entitled to demand remuneration.
- 1.5) If delivery / pick up of rented items is accorded between bike2malaga and the customer, so the rented items will be delivered / picked up on time and date according to the previous booking. The customer has to give clear information about the meeting point and place to deliver / pick up the rented items and provide with a functional mobile number.
- 1.6) All the changes of the rental contract must be notified by the customer to bike2malaga and re-confirmed by bike2malaga. Any delays on delivery or pick up of the rented items will result an additional charge to the customer if it is without previous notification to bike2malaga about the changes (time, hire period, meeting point etc.) of delivery / pick up service than previously accorded between bike2malaga and customer.
- 1.7) Exceptional circumstances or force majeure could lead to delay of delivery to the customer or pick up of the rented items from the customer through bike2malaga. In such cases bike2malaga will always notify the customer about the changes.
- 1.8) All rented items are presented in immaculate working order set up by professional mechanics of bike2malaga, and, whilst bike2malaga accept general wear and tear during hire, any bicycle returned with excessive cleaning requirement will result in a 15€ charge to the customer. The client accept the impeccable estate of rented items, having the duty to inspect and notify any damages on rented items.
- 1.9) The rented items should only be used by the designated customer and the members of his/her party as mentioned in the rental contract. The customer undertakes to use the rented items – and in particular the bicycle – with all due care and propriety to observe road safety regulations. Customers are forbidden to use rented bicycle under the influence of alcohol or drugs. Customers are not allowed to carry passengers or modify or alter the rented item in any way. Customer may fit additional equipment onto rented items – according to previous communication to bike2malaga – being liable for all related risks.
- 1.10) All rented items must be returned to bike2malaga shop or to representative of bike2malaga, identified with the copy of original contract form.
2. Reservation, Payment & Deposit
- 2.1) All rented item reservations must be done in advance with enough time to confirm availability, at least 24h in advance. For all reservations, a prepayment of 20€ per bicycle must be paid by customer via the payment gateways offered by bike2malaga. In case of prepayment per bank transfer the customer is responsible for any bank transfer fees (if applied by customer's bank).
- 2.3) The rented items must be paid in full settled amount by signing the rental contract. Accepted methods of payment: Credit or Debit card (MasterCard or Visa), cash (EUR), prior bank transfer.
- 2.4) The customer must read, accept and sign the rental agreements. The customer will be asked for original passport or personal ID along with original credit card as a guarantee deposit for the rented equipment. The deposit of 300€ per bicycle must be left through the credit card (MasterCard or Visa). The deposit will be refunded if the rented item is returned in the same condition as it was procured. There is no entitlement for refund until the end of the leasing contract.
3. Responsibility of customer
- 3.1) The customer accepts the charges for any missing or broken rented items at market prices. If the missing or broken rented items exceed the deposit amount, the customer must settle the balance.
- 3.2). Cancellations without charge are only admitted 14 working days before the rental date. Cancellations made within 14 working days will be charged in the amount of prepayment of bicycles and equipment. No shows would be charged in full, and considered non‐refundable. Exceptions to this policy cannot be made for any reason.
- 3.3). bike2malaga does not refund for cancellations within 14 working days or early return of rented items. bike2malaga cannot be made responsible for the customers personal circumstances, sicknesses, weather conditions or any other event of force majeure. Customer accepts that no refunds would be made for any of the above reasons without any exceptions.
- 3.4) The customer is obliged to make provision for the protection of rented items, as well as the protection from loss and theft. In case of theft or loss during the rental period, customer has to bear all the costs for the reconditioning at market prices. From the moment of signing the contract and receiving a rented item, the customer is fully responsible for the rented items.
- 3.5) In case of theft or loss of rented bicycles, bike2malaga applies a charge of minimum: 2.000€ for a Road Bike Carbon, 2.500€ for a Road Bike Carbon Disc, 3.000€ for a Road Bike Carbon Disc BH, 4.000€ for a Road Bike Disc Di2, 2.000€ for a Road Bike Gravel Disc, 1.000€ for a Trekking Bike, 2.500€ for an E-Bike Trekking, 1.200€ for a MTB, 2.500€ for an E-MTB. And the market price of a replacement for all other rented items. To all listed prices above a Spanish VAT must be added (21%). The deposited amounts stipulated in stipulation 2.4 are expressly AUTHORIZED by the client as a use of partial payment of the price of the bicycle in case of theft, assuming the non-return of the same and the need to pay the difference in the amounts.
- 3.6) bike2malaga recommends to sign a Travel Insurance on duty of customer that covers rented items against loss, theft & damages. In case of theft or damage, bike2malaga will do the best and cooperate with clients insurance.
4. Issues with rented items during the rental period
- 4.1) Small reparations on rented items as punctures are on duty of the customer, as bike2malaga provides a saddle bag with all necessary parts (spare inner tube, repair tool kit, lifters, small pump). For all other repairs on rented items during the hiring period, the customer has to bring rented items to bike2malaga shop, where the mechanics of bike2malaga will intent to repair the rented items as fast as possible.
- 4.2) If the hire contract is signed outside of bike2malaga shop (in case of delivery of rented items to customers hotel, accommodation or given address), and damages occur to the rented items, so bike2malaga has to apply a service charge of transportation and mechanical support to the customer by replacing or repairing the rented items – always on previous communication to the customer about the amount of service charge. bike2malaga does not assume repair costs made in other workshops, unless this was accorded by previous communication and re-confirmed by bike2malaga.
- 4.3) bike2malaga will do the best to satisfy the needs of customers, but there is no obligation for bike2malaga to insure the technical support out of bike2malaga shop.
5. Limitation of liability
- 5.1) bike2malaga has third party liability insurance coverage of the bicycle rental activity. bike2malaga is not responsible for injury or damages caused to/by the client during the rental period.
- 5.2) The customer is responsible for adequate personal insurance coverage for risks that may occur during the rental period. bike2malaga is not liable for any claims for body injury or harm, accidents or loss of personal belonging caused by weather, sickness, persons, cars or any other causes and causers.
- 5.3) Taking part in guided bike tours is at your own risk. Bike2malaga does not accept any liability.
- 5.4) The customer must respect Spanish traffic regulations. Any ticket or fine due to incorrect use of the bicycle will be completely assumed by the customer.
- 5.5) All the information provided by customer to bike2malaga is protected by the law 15/1999 of 13th December regarding the protection of personal data.
- 5.6) The provisions of this contract shall be governed by Spanish law. For all disputes derived from this contract or relating to it, the jurisdiction shall be Malaga, Spain.