Terms and Conditions:
1) These T&Cs apply to, and are included into, any contract for a bike holiday or hire of Equipment between Bike Breaks and the Client. Unless otherwise agreed in writing, these T&Cs override any other terms and conditions.
2) Bike Breaks reserves the right to change these T&Cs without notice. Any amendments will be placed on Bike Breaks’s website (www.gironacyclecentre.com) and will apply from the date that such amendments are placed on the website unless the amendments specify a later date from which they are to apply.
3) In these T&Cs, the following terms have the following meanings:
“Bike Breaks” means Bike Breaks Girona Cycle Centre SL whose registered office is located at Carrer Mercaders, 14, 17004 Girona, Catalonia, Spain.
“Equipment” means the equipment (or part thereof) specified in the Contract under the heading ‘Hire Equipment’.
” Contract” means the bicycle holiday & equipment hire contract between Bike Breaks and the Client.
“Client” means the person or entity hiring the Equipment or booking the holiday, as specified in the contract under the heading ‘Client’.
“Price” means the fee charged by Bike Breaks for hiring the Equipment for the Hire Period or service, as specified in the Contract under the heading ‘Bike Breaks Services.
“Hire Period” means the period of time commencing from when the Client takes possession of the Equipment until the Equipment is returned to Bike Breaks’s possession.
“T&Cs” means these bicycle holiday & equipment hire terms and conditions.
“Risks” means any risk associated with cycling, including, but not limited to: (a) inclement weather; (b) rough roads; (c) navigational difficulties; (d) rider error; (e) unforeseen equipment failure; and (f) illness, collisions, crashes and accidents, that might cause: (i) the Client or others injury or loss; or (ii) damage to Bike Breaks’s or others property.
4) The Client agrees to pay a 30% down payment to Bike Breaks upon booking and the rest payment at least 30 days before the start date of the holiday/rental by: (a) credit card payment; or (b) bank transfer into the following bank account: BBVA· IBAN: ES58-0182-8322-8002-0151-3234 · BIC: BBVA ESMMXXX
5) The Client also agrees to pay all applicable: (a) IVA tax and any other government taxes or duties; and (b) bank charges on money transfers.
6) If the Client fails to pay the total price at least 30 days before the start date, Bike Breaks reserves the right to cancel, amend or modify the Client’s reservation at its sole discretion.
7) Payment of all or part of the total price (including payment by credit card) is acceptance of these T&Cs.
Changes to Bookings /Cancellation
8) If the service becomes unavailable for the Hire Period due to circumstances beyond Bike Breaks’ control (such as theft, fire, earthquake, or damage from an earlier hire contract), Bike Breaks will use its best efforts to offer the Client a suitable alternative. If Bike Breaks is unable to offer a suitable alternative, the Client will be entitled to a full refund of any monies paid to Bike Breaks, minus any costs Bike Breaks has incurred related to this booking.
9) If the Client wants to cancel a booking, the Client must notify Bike Breaks by email to firstname.lastname@example.org. If the Client cancels a booking for any reason, the following cancellation fees apply:
a)If cancellation occurs 30 days or more before the start date, the Client will be entitled to a full refund of the minus incurred costs.
b)If cancellation occurs within 15-30 days of the start date, the Client will be entitled to a refund of 75% of the total price.
c)If cancellation occurs within 8-14 days of the start date the Client will be entitled to a refund of 50% of the total price.
d)If cancellation occurs within 3-7 days of the start date, the Client will be entitled to a refund of 25% of the total price.
e)If cancellation occurs within 48 hours of the start date, the Client will not be entitled to any refund.
10) Any changes to an already confirmed booking will incur a fee of 20euro and must be sent in writing to email@example.com. To avoid misunderstanding of any sort: changes are not made unless confirmed in writing by Bike Breaks’ staff.
11) No refunds will be made for early returns, late pickups, no-shows or change of mind.
Condition and purpose
12) The Client acknowledges and agrees that they have inspected the Equipment, and that the Equipment is in good condition and suitable for the intended use.
Use and care of Equipment
13) Cycling involves Risks. The Client agrees that despite such Risks the Client wants to
participate in the holiday and/or hire and use the Equipment, and accepts sole responsibility for: (a) the Equipment; and (b) the safety of the Client and others.
14) The Client will take proper and reasonable care of the Equipment during the Hire Period, and will return it in good order and condition to Bike Breaks by 14:00h on the return date specified in the Contract, unless otherwise agreed by Bike Breaks. Late returns will be charged a daily hire rate until returned, unless prior arrangements have been made.
15) The Client warrants that all persons who will use the Equipment are competent to use the Equipment, will use the Equipment in the manner it was designed to be used, will follow any directions from Bike Breaks relating to the use and safety of the Equipment, and will comply with all laws and obligations in relation to the use and control of the Equipment.
No modifications to Equipment
16) The Client will not change or modify the Equipment without Bike Breaks’s agreement. If the Client changes or modifies the Equipment without Bike Breaks’s agreement, such changes or modifications will be considered damage, and clause 18) will apply.
Damage or loss
17) The Client is solely responsible for any damage to, or loss of, the Equipment during the Hire Period. The Client will notify Bike Breaks immediately if the Equipment is damaged or lost, and will follow all reasonable instructions of Bike Breaks in relation to such damaged or lost Equipment.
18) In the case of damage to the Equipment (excluding reasonable wear and tear, and any damage to inner tubes), however caused, the Client will be responsible for and will pay Bike Breaks for the full cost of all repairs, including the cost of replacing any damaged parts and any labour to restore the Equipment to the condition it was in at the commencement of the Hire Period. For the avoidance of doubt, Bike Breaks has the sole right to reasonably determine: (a) whether the Equipment has been damaged during the Hire Period; (b) whether such damage is beyond reasonable wear and tear; (c) the extent of such damage; and (d) the full cost of the repairs required.
19) In the case of loss of the Equipment, however caused, the Client will be responsible for and will pay Bike Breaks for the full cost to Bike Breaks of replacing such Equipment.
20) In addition to the costs set out in clauses 18) and 19), the Client will be responsible for and will indemnify Bike Breaks for any loss of revenue suffered by Bike Breaks due to the unavailability of the Equipment for hire due to damage or loss. The costs for lost revenue will not exceed the equivalent of 7 days hire of the Equipment at the prevailing hire rates.
21) For the purposes of clauses 18), 19), and 20), the Client authorizes Bike Breaks to recover such repair or replacement costs and/or loss of revenue by deducting such sum from the credit card provided by the Client in the Contract.
Liability and indemnity
22) The Client agrees that Bike Breaks has no liability to the Client for: (a) any injury or loss suffered by the Client or others; or (b) for any damage to any of Bike Breaks’s or others’ property, arising directly or indirectly from the holiday or use of the Equipment, regardless of how such injury, loss or damage occurs.
23) Subject to the exclusion of liability in clause 22) above, the maximum liability of Bike Breaks for all claims made by the Client, whether as a result of any breach of these T&Cs or on any other ground or terms whatsoever (including, but not limited to, liability as a result of tort, including negligence) will not exceed the total price paid by the Client to Bike Breaks.
24) No provision, other than those which are mandatory, will be implied by statute or at common law or otherwise into the Contract against Bike Breaks. No representation or express condition or warranty will be binding upon Bike Breaks unless it is in writing.
25) The Client indemnifies Bike Breaks against all claims, damages or losses (including costs), which Bike Breaks incurs as the direct or indirect result of the holiday or equipment or its use by the Client or by any other party.
26) If the Client is not an individual, the person who enters into the Contract on behalf of the Client warrants that they have authority to bind the Client and will, in any event, be personally liable for the performance of the obligations on the Client. The person who enters into this contract on behalf of the Client hereby indemnifies Bike Breaks against all losses and costs that may be incurred by Bike Breaks arising out of the person entering into the Contract failing to have such power or authority.
27) The Client agrees that the laws of Spain apply to these T&Cs. The Client also agrees that these T&Cs are binding on the Client’s family, heirs, legal assigns and administrators and executors. The Client warrants that the Client has fully read and understood these T&Cs before entering into the Contract.
28) If any part of these T&Cs or its application to any party or any circumstances is or becomes unenforceable, void or illegal then unless that part is fundamental to the operation of the contract or contrary to public policy, the remaining terms and conditions will not be affected but will remain in full force and effect.