GENERAL CONDITIONS

/GENERAL CONDITIONS
GENERAL CONDITIONS 2017-03-31T17:30:49+00:00

The terms and conditions that apply to the purchase of services through the website www.rentabikegranada.com, owned by BSM BIKES, S.L. (hereinafter the provider) are set out below. Acceptance of this document means that the user:

  1. Has read, understands and comprehends what is stated therein.
  2. That he is a person with sufficient capacity to contract.
  3. That he assumes all the obligations set forth herein.

These conditions will have an indefinite period of validity and shall apply to all contracted services performed through this website.

The provider reserves the right to unilaterally modify these conditions, without affecting goods or promotions that were acquired prior to the modification.

The rates on this website are equal to the prices applicable in our stores, there is no difference in the tariffs for contracting services online or in the shop.

Identity of the parties

On the one hand, the provider:

BSM BIKES, S.L. CIF: B-18982116, Address Carretera de Alhama, 54 (18194 – Churriana de la Vega – Granada), phone: 958 408 892, e-mail: info@bsmbikes.com

On the other hand, the user.

Purpose

These conditions are intended to regulate the relationship ensuing from the contracting of a bicycle rental service between BSM BIKES, S.L. and the user from the moment that he accepts, during the booking process online, by clicking on the corresponding checkbox. The contractual relationship entails contracting a temporary rental service of a specific type of bicycle, in exchange for a determined price that has been made public online via the website.

General information

Both parties attest to the validity of these general hiring conditions, unless special conditions agreed with specific clients apply.

Rental service contracting procedure.

The rental service contracting procedure may be carried out in Spanish or in English. Prices and delivery conditions on this website are valid within the national borders and in accordance with Spanish legislation, as the hiring is done in Spain. The currency used exclusively will be the euro. The user must register on the website in order to access the bicycle rental service offered by BSM BIKES, S.L.

First of all, the preferred bike model is selected by clicking on the corresponding link. The user must indicate a point of delivery and collection, as well as the timing for both. The request can be confirmed by clicking “CONTINUE”. A summary of the application will be provided in which the user will be informed of the details of the reservation as well as the bicycles selected. At the same time the user will be offered the possibility to extend the rental service including additional materials such as helmets, gps, etc. At this stage of the application process the user can increase the number of bicycles and select the desired size. To confirm the request one must click “CONTINUE”. The platform will offer the user a table including all the selected options and the corresponding costs, as well as a calculation of the required deposit. Once the data have been revised, the user can access his account indicating his email address or by creating a new account. The platform will require the user to facilitate contact details as well as preferred payment method. The reservation will be formally confirmed by clicking “CONFIRM”.

Once the booking has been formalized, the platform will automatically give the user a reservation code and issue an invoice of the services procured to the email address provided. The provided data will be stored for future bookings, which can be done by indicating the email address or username and password. BSM BIKES, S.L., in accordance with the privacy policy indicated, guarantees the confidentiality of your data.

Order Delivery

Delivery of the rented bike will take place in the store BSM BIKES selected freely by the user or, in a place that was selected by the user and offered on the platform. In the same way, the schedule for delivery will also be established in line with the preferences of the user.

The platform is designed to ensure that only those bicycle models can be rented which are available in the BSM BIKES store selected by the user and at his preferred time. However, if, due to any technical failure of the platform, the user ends up renting a model that is not available, BSM BIKES S.L. will take it upon itself to inform the user as soon as possible of the lack of availability and under Royal Legislative Decree 1/2007, from 16th of November, by which the revised text of the General Law for the Protection of Consumers and Users was approved, the client must be able to recover as soon as possible, and in any case within a maximum of 30 days, the sums paid for the rental service.

Equally, in case the requested model is not available and the user has been duly informed hereof, BSM Bikes, S.L. may provide a bike model with characteristics of a similar or superior quality.

Price

The price of the products will be listed in the description thereof and already include included Value Added Tax (VAT). Therefore it is the total price of the product which is listed.

Each model will require payment of a deposit in the shop where the bicycle is collected. This amount will be fully refunded to the user at the time of the return of the bicycle as long as it is in perfect condition.

The client must assume that the economic valuation of some of the products may vary in real time. In any case this will always be previously communicated to users.

Payment Methods

During the booking process the preferred payment method is selected by the customer out of the four that are available:

Paypal: The server will redirect you to your Paypal account for payment

Bank transfer: The amount payable for the rental services is paid in advance into a bank account which is provided while processing the application. Orders placed via bank transfer will be active in our system for 12 hours. It will be necessary to send proof of payment to the following email address: info@bsmbikes.com. The account number is as follows: IBAN ES24 – 0182 – 0520 – 11 – 0201616715

Phone payment: Over the phone 958 553 228.

Cash on delivery: For this payment method we will require a credit card number to formalize the reservation.

Finally the data provided will be verified and the reservation will be confirmed. Subsequently an e-mail will be issued by the provider certifying that the reservation has been made.

Cancellation policy

The user can cancel the contract of service at all times. This cancellation will be free as long as it is done 5 or more days prior to the selected day for delivery. In cases where the cancellation is made with shorter notice, the cost will be 35 € per reserved bike.

To apply for a refund, follow the instructions specified in the “Cancellation” paragraph. You can access this section signing in with your user account.

Terms and conditions of rental service

Whoever contracts the service must be older than 18 and will be held responsible for the rented equipment. He must also be in possession of a National Identity Card or Passport. The contract holder is responsible for the rented equipment.

The lessee declares to be in perfect health, to be able to handle a bike and to have the necessary control over the equipment rented.

The client renting any equipment owned by BSM BIKES, S.L., will be subject to the following terms and conditions:

  1. The duration of the lease will be determined by BSM BIKES, S.L. and the customer and will be reflected in the specific conditions of the contract signed.
  2. The bicycle must be returned on the date and place specified in the contract.
    – Failure to comply with the return time will incur an additional cost to the customer of 6 Euros per hour or a proportional fraction thereof. Failure to return the material on the day stipulated in the contract, the additional cost incurred will be of 35 Euros which is the equivalent of a full day’s rent.
  3. The lessor may unilaterally terminate the lease prior to its completion in case of a serious breach of contract by the lessee regarding the use and care of the bicycle. In this case the hirer may take immediate possession of the bike regardless of its location and the lessee will not be entitled to any compensation.
  4. The lessee may extend the lease term of the bicycle(s) and / or materials, provided that their availability allows it, and communicating this intention personally to the office of the hirer where the lease was formalized before its termination date. In this case, if the lessor requires this, a new contract has to be established.
  5. Upon termination of the contract the lessee must return the bike to the place stipulated in the lease. Failing to do so may result in the lessor taking immediate possession of the bicycle regardless of its location and the lessee will not be entitled to any compensation.
  6. Cancellations must be made with a minimum of 24 hours prior to the booking date, after this date no rental costs will be refunded.
  7. The bicycle(s) must be returned in perfect working condition accompanied by all its tools, accessories and equipment in perfect state, as the lessee is obliged to return everything in the same condition.
  8. The lessee may not give away, sell, mortgage, exchange or pledge the bike or its tools and elements. In no case will he use the bicycle in such a way as to infringe on the lessor’s right of ownership.
  9. All modifications of the bike without the lessor’s consent are prohibited. Is also prohibited:
    – Exposing the bike to sand on the beach, as well as submerging it in water, as the damage inflicted on the bicycle might prove to be irreparable.
    – The use of the bicycle and its equipment by people that are not the designated users according to the lease.
  10. The lessee will be responsible for looking after the set of keys, the basket, the lock and any other material supplied, if any. In case of loss, the lessee will charged for the replacement of these materials at market price.
  11. The hiring company is not liable for possible loss or theft of the bike(s) or the rented equipment, as the costs for the restitution of this equipment must be borne by the lessee. In case of loss or theft of the bicycle(s), the lessor will lose all rights to recover the deposit and must immediately inform of such a circumstance.
  12. The lessee explicitly agrees to pay to the lessor all charges corresponding to the prices of the established rates, as stipulated in the specific conditions of the lease, taking into account the bike model, the duration of the lease plus legally applicable taxes, as well as accessories, which are being leased.
  13. The lessee will also be charged for:
    – The cost or value difference of any tool that went missing or has been replaced.
    – The expenses incurred by the lessor as a result of transport and immobilization of the bicycle.
    – The cost of any type of fine, judicial and extrajudicial costs arising from any type of sanction, including tow truck and impound lot expenses incurred as a result of the removal of the bike due to events that occurred during the term of the contract.
  14. Similarly, all legal costs incurred as a result of non-compliance with the obligations established in the lease on the part of the lessee shall be borne by the lessee.
  15. The bike rental does not include own damage insurance, therefore the lessee is responsible for all material or personal damage that he might suffer. The lease agreement includes a civil liability insurance covering all damages caused by rental activities to third parties, persons or property.

Applicable warranties and reservation of title clause

All models and materials offered through the website are completely original, unless indicated otherwise their description.

They all have a warranty period, in accordance with the criteria and conditions described in the Royal Decree 1/2007, from 16th of November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.

Applicable Law and Jurisdiction

These conditions shall be governed by and construed in accordance with Spanish legislation in all matters not expressly stated. The provider and the user agree to submit any dispute that may arise from the provision of goods or services covered by these Conditions, to the Courts of the city of Granada (Spain).

Platform Online Dispute Resolution:

In case of any dispute you can go to the Platform for online dispute resolution