TERMS AND CONDITIONS - BIKE HIRE AGREEMENT

Pinarello Experience is a trading name of Yellow Limited, a company registered in the UK number 03054662.

Registered Office: Yellow Limited, Bury Bank, Stone, Staffordshire ST15 0QA

These Terms and Conditions form part of the Agreement made between Pinarello Experience and the Hirer for bikes reserved online, by email or phone, or hired directly at our shop located at Calle Temple Fielding 3 and 5 Puerto Pollensa, Mallorca 07470

By placing a booking using any of the above methods, during which you will be made aware of these terms and conditions, you accept and agree to them. We aim to provide a high level of quality and service and to do this we ask that you treat our equipment with responsibility.

We reserve the right not to accept or fulfil a booking.

All bookings are subject to availability which may be affected by misuse or accident of a previous customer. If a bike becomes unavailable for any reason beyond the control of Pinarello Experience, we reserve the right to substitute, with a bike of the same size and similar or better specification.

The Hire period commences from the point that the bike and equipment is collected or dispatched to you and continues until returned to Pinarello Experience.

Should you return your bike earlier than the hire period, Pinarello Experience is not obliged to offer any refund.

Pinarello Experience does not accept liability for death, personal injury, loss or damage to personal effects, nor does Pinarello Experience accept any responsibility for delays or changes to your period of hire due to weather, transportation issues, strikes, war, terrorism or other causes.

Pinarello Experience strongly advises the use of a cycle helmet at all times when on the bike, these can be hired in store. It is the law to ride with a helmet in Mallorca.

 

1.      Responsibilities of the Hirer

        I.            The lead Hirer must be 18 or over and is responsible for the bike(s) and equipment rented.

      II.            You are responsible for having suitable Insurance cover at all times during the hire period and for riding your bike responsibly at all times. You will not hold Pinarello Experience responsible for any loss, damage or injury including death to persons or property with regard to the use of the bike(s) and equipment hired.

    III.            You accept responsibility to indemnify Pinarello Experience against any claim, interest, demand or expense in respect of such injury or damage.

    IV.            You are responsible for all bikes 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. 

      V.            By accepting the bike(s) the hirer accepts that they received the bike in a good technical, safe and clean condition. The bikes must be returned in the same condition in which they left the shop. The bikes must not be used for off-road use nor be taken onto the sand of the beaches. 
Any damage caused due to crash or neglect is the Customer’s responsibility and will be charged for.

    VI.            The hirer is responsible for ensuring that the bike(s) is adequately secured during the period of hire.

  VII.            You will notify Pinarello Experience immediately of any loss, damage or theft to the hired bikes or equipment however caused. You will be responsible for paying Pinarello Experience the reasonable costs of repair or replacement for any such loss, damage or theft. Our insurance cover against damage does not cover theft. 

VIII.            You will not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the hired bike(s) or equipment.

    IX.            You will be liable for any loss subsequent or consequential resulting from unauthorised repairs or alterations to the bike

      X.            Pinarello Experience 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.

 

2.      Payment / Refund Policy

        I.            Full payment will be taken upon reservation.

      II.            Cancellations up to 14 days after making a reservation will be refunded in full.

    III.            Cancellations after 14 days of making a reservation, up to 14 days prior to the hire date will refunded 90% of the total fee.

    IV.            Cancellations within 14 days of the hire date will be refunded 50% of the total fee.

      V.            Cancellations within 2 days of the hire date will forfeit the fee.

    VI.            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.

  VII.            The hirer is required to present formal photographic identification in the form of their NIE, DNI or Passport. A valid credit card will normally be required at the commencement of any hire period, 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 Pinarello Experience depending on our assessment of the risk and the value of the equipment. This deposit 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
Any cycles and/or equipment hired or used are returned within the arranged hire period
If the above terms are not complied with, Pinarello Experience reserve the right to apply reasonable charges until such time when the bike(s) and/or equipment concerned have been returned. In the case of bike(s) and/or equipment left or returned damaged, you are responsible for any costs incurred and sustained in replacing or repairing (whichever is cheaper) the items concerned to a condition equivalent to that prior to the hire.

VIII.            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

    IX.            In all cases, the security/ damage deposit can be used as a deposit against the costs or charges mentioned herein.

 

3. Personal Safety

        I.            It is the rider’s responsibility for their own safety. Cycling involves personal risk and you must ride responsibly.

      II.            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.

    III.            First time of novice bikers should use the equipment under the supervision of an experienced rider.

    IV.            You must not cycle under the influence of alcohol, strong medication, other drugs or fatigue.

      V.            The wearing of helmets is obligatory in Spain and Spanish traffic laws apply.

 

4. Our Liability To You

        I.            Pinarello Experience accepts responsibility for death, personal injury and direct loss suffered by you which you can demonstrate was caused by our negligence up to the limit set out below.

      II.            Pinarello Experience 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.

    III.            Except in respect of death and personal injury, in respect of which no limit of liability shall apply, Pinarello Experience’s total liability to you under this contract between us shall be limited to the total cost of your Booking.

    IV.            Pinarello Experience shall have no liability to you if we are unable to fulfil a Booking due to an event of Force Majeure. In the event of Pinarello Experience being unable to fulfil your booking our liability to you shall not exceed to the agreed cost of the hire.

      V.            Except where expressly permitted under the Data Protection Act 1998, we will only use your personal details in connection with your booking arrangements, and to send you information that we think will be of interest from our group of companies including Yellow Limited, The Bike Rooms, Swiss Iconic Limited, My Team Giordana. We will not sell or pass your details to any other third party unless required to do so by law. We will keep your personal details secure in accordance with our obligations under the Data Protection Act 1998.

 

5. General

        I.            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.

      II.            Any notice required or permitted to be given by either of us to the other under these terms and conditions shall be in writing.

    III.            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.

    IV.            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.

      V.            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 pursuant to the Contracts (Rights of Third Parties) Act 1999.

    VI.            These terms and conditions shall be governed by English law, and both of us hereby agree to submit to the exclusive jurisdiction of the English Courts.

    VII.            Insurance: We ask you to take our insurance which can be paid at the time you collect your bike from the Pinarello Experience Centre. This is a one time charge depending on model.  The cost for the Dogma F10/F8 is €25 and the Dogma 65.1, Gan,Gan S,Marvel, Razha and Treviso is  €15. This covers you for any accidental damage to the bike and recovery if requested. We cannot insure you against the theft of the bike. Please check you holiday insurance for coverage.

Top