TERMS AND CONDITIONS - BIKE HIRE AGREEMENT

            These Terms and Conditions are the standard terms for the hire of bicycles and related equipment by Pinarello Experience.

 

1 Definitions and Interpretation

          1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Accidental Damage Waiver”

means a fee paid by You which covers any accidental damage to Bikes that would otherwise incur charges, as explained in Clause 10; (referred to as Accidental Damage Insurance).

“Bike”

means a bicycle supplied by Us and hired by You subject to these Terms and Conditions;

“Business Day”

means, any day other than a Saturday, Sunday or bank holiday;

“Calendar Day”

means any day of the year;

“Contract”

means the contract for the hire of the Bike(s) by You from Us, as explained in Clause 3;

“Hire Agreement Order”

means the online rental agreement completed by You specifying the details of Your Bike hire;

“Hire Period”

means the period for which You will hire the Bike(s);

“Month”

means a calendar month;

“Price”

means the total price payable for the hire of the Bike(s);

“We/Us/Our”

means Pinarello Experience

“You”

means you, the hirer of the Bike(s).

 

 

 

          1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

          1.3 Each reference the singular number shall include the plural and vice versa where appropriate.

 

2. The Contract

          2.1 These Terms and Conditions govern the hire of Bikes from Us and will form the basis of the Contract between Us and You. Before completing the Hire Agreement Order, please ensure that You have read these Terms and Conditions carefully.  If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.

          2.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your completed Hire Agreement Order constitutes a contractual offer that We may, at our discretion, accept.

          2.3 A legally binding contract between Us and You will be created upon Our acceptance of Your Hire Agreement Order, indicated by Your Hire Agreement Invoice, and Your payment of the Price.

 

3. Bikes

          3.1 We use all reasonable endeavours to ensure that all Bikes are regularly maintained, safety checked, and/or replaced as necessary.

          3.2 At the time of hire, We will advise You on the appropriate size and type of Bike. You are under no obligation to follow Our advice, but We will not bear any liability for any injury or damage that results from Our advice not being followed.

          3.3 Cycle helmets are a legal requirement in Spain. Bikes are not supplied with cycle helmets. We will not bear any liability for any injury or damage that results from Your failure to wear a cycle helmet.

          3.4 Bikes are supplied with a spares and repairs kit which includes, saddle bag, 2 inner tubes, tyres levers and mini pump at no additional cost. These will be chargeable for if not returned.


4. Your Responsibilities

          4.1 You are responsible for ensuring that You (and anyone else in Your party) use the Bike(s) safely and correctly and that You will, in, follow the relevant provisions of the Spanish Law.

          4.2 You are responsible for ensuring that You (and anyone else in Your party) are suitably physically fit to cycle without risk of injury.

          4.3 When hiring the Bike(s) You are acknowledging that cycling carries with it inherent risks including, but not limited to, those posed by road traffic; other cyclists; loose, slippery or uneven terrain; pedestrians; and animals. By continuing with the hire You acknowledge to Us that You accept all risks associated with cycling and that Our liability will be limited according to Clause 12.

         4.4 We do not provide any form of personal insurance and it is therefore Your responsibility to ensure that You (and anyone else in Your party) are covered by suitable insurance for the duration of the Hire Period.

 

5. Hire Period

          5.1 The Hire Period should be specified in the Hire Agreement Order.

          5.2 Unless it is expressly stated otherwise, the Hire Period begins at 09.00 and ends at 18.00 on the final day of the Hire Period.

          5.3 You may extend the Hire Period by prior agreement only. Please see our FAQ’s for details. Extended Hire Periods shall be charged at Our normal daily rate.

 

6. Fees and Payment

          6.1 The Price for the Bike(s) will be that shown on Our web site and in store, current at the time of Your hire.

          6.2 Accidental damage insurance should be made when You collect the Bike(s) at the start of the Hire Period.

          6.3 Full payment will be taken when the booking is made.

          6.4 All Prices include taxes.

 

7. Cancellation of Advance Bookings

          7.1 Our cancellation policy is as follows:

               7.1.1 Cancellation made within 14 days of placing your booking and more than 30 days prior to the 1st day of hire - 100% refund

               7.1.2 Cancellation made before 60 days prior to the 1st day of hire – 90% refund

               7.1.3 Cancellation made between 31 days and 60 days of the 1st day of hire – 75% refund

               7.1.4 Cancellation made between 14 days and 30 days of the 1st day of hire – 50% refund

               7.1.5 Cancellations within 14 days of the 1st day of hire will forfeit the fee, no refund will be due.

          7.2 We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.

 

8. Collection, Hire and Return

          8.1 The Hire Period begins at 09.00 on the date stated in the Hire Agreement Order.

          8.2 You should check the Bike(s) at the time of collection. If there are any parts missing or if there is any visible damage to the Bike(s), You should inform Us immediately, before leaving the store.  We will use all reasonable endeavours to replace missing parts or damaged Bikes.  If We are unable to replace missing parts or damaged Bikes and the Bike(s) are not fit for safe use, You will receive a full refund of any sums already paid to Us.

          8.3 We are required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Us. If You discover any damage (pre-existing) or fault with the Bike(s) during the Hire Period, please inform Us as soon as is reasonably possible.  We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing you any inconvenience, We will repair the Bike(s).  If We are unable to replace or repair the Bike(s), or if You would prefer to reject the damaged or faulty Bike(s), whether before or after a repair or replacement (if the replaced or repaired Bike(s) is still damaged or faulty), We will offer you a refund equal to the remaining, unused part of the Hire Period.  Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund.  Refunds will be made using the same payment method originally used by You unless you specifically request a different method.

          8.4 The Hire Period ends at 18.00 on the date stated in the Hire Agreement Order. Any Bike(s) returned late will incur an excess charge of double the daily rate for that bike, if You fail to return the Bike(s) before Our store closes on the day the Bike(s) is/are due to be returned.  Bikes may be returned early; however We are unable to issue any refunds of any kind for early returns that do not fall under sub-Clause 9.3.       

          8.5 Whilst bikes may be returned early, we are unable to offer refunds or partial refunds regardless of bad weather, physical fitness or any other personal reasons.

 

9. Accidental Damage Waiver

          9.1 An Accidental Damage Waiver is compulsory to Your hire.

          9.2 The Accidental Damage Waiver covers any accidental damage to Bikes while they are in Your possession.

          9.3 The Accidental Damage Waiver does not cover the following:

               9.3.1 Malicious or deliberate damage or that which, in Our opinion, has been caused by carelessness or improper use;

               9.3.2 Loss or theft; or

               9.3.3 Failure to return Bikes by the end of the Hire Period.

 

10. Loss and Damage

          10.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Bikes that falls outside of the terms of the Accidental Damage Waiver described in Clause 10.

          10.2 You will not be responsible for any pre-existing damage to Bikes that has already been identified under sub-Clause 9.2 at the time of collection, or for any damage or faults that are discovered under sub-Clause 9.3 during the Hire Period.

          10.3 Full details of all charges are available on request.

 

11 Our Liability

          11.1 We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed.  We will not be responsible for any loss or damage that is not foreseeable.

          11.2 In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.

          11.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

          11.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on your legal rights and on the remedies you may be entitled to if something goes wrong, please contact Us at Pinarello Experience.

 

12. Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

 

13. Communication and Contact Details

If You wish to contact Us with questions or complaints, You, may contact Us by email at [email protected]

 

14. Complaints and Feedback

          14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We, nevertheless want to hear from You if You have any cause for complaint.

          14.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from [email protected]

If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Bike(s), please contact Us by email [email protected]           

 

15. How We Use Your Personal Information (Data Protection)

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available on Our website www.pinarelloexperience.com

 

 

16. Other Important Terms

          16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

          16.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

          16.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

          16.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

          16.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.