this is a machined translation. In any legal doubt the spanish original version is binding.
USE AND CONDITION OF THE VEHICLE
- The client receives the vehicle described on the main page of the contract, in perfect working condition, tyres and accessories (helmet, key rings etc.) and undertakes to keep them and drive the vehicle in compliance with the rules of the highway code and in accordance with the specifications for use of the type of vehicle displayed at the counter of the rental office and which the client declares to be familiar with. Damage caused to the rented vehicle or accessories shall be paid for in accordance with the list of damages displayed at the rental desk, with which the customer declares to be familiar.
- It is expressly forbidden for the client to change any technical characteristics of the vehicle, the keys of the vehicle, the equipment of the vehicle, the tools and/or accessories of the vehicle, as well as to make any modification to its exterior and/or interior appearance (unless expressly authorised in writing by Bikestation Las-Palmas-24).
- Only the person/s identified and accepted by Bikestation Las-Palmas-24 in the rental contract and/or any appendix thereto are authorised to drive the vehicle, on condition that they are in possession of a valid driving licence, and driving licences issued abroad must be validated when required by current legislation.
- In the event that the client does not comply with the conditions and the driving licence is valid and in force, the client will be responsible for the cancellation of the service and no refund of the amount paid will be made.
- Use off road (roads without tarmac) is not permitted. The additional insurances (1 and 2) expire in the case of use off public roads and asphalted roads, the additional insurance for roadside assistance is also limited to the island of Gran Canaria.
- It is not permitted to transport the vehicle on board any type of ship, train, lorry or plane (unless expressly authorised in writing by Bikestation Las-Palmas-24). It is forbidden to leave the national territory with the rented vehicle.
- Any damages of any kind that Bikestation Las-Palmas-24 may suffer as a result of non-compliance with the conditions set out in the present article and/or for use other than that agreed by the client, authorise Bikestation Las-Palmas-24 to withdraw the vehicle from the client and to invoice and charge the client, with 5 days’ prior written notice, the duly justified amounts corresponding to the repair or other expenses arising from said damages.
- In the event of theft or loss of the vehicle, the customer is obliged to present the keys of the vehicle and the corresponding theft report. Otherwise, the customer owes the full amount of the vehicle.
Price, Duration and Extension of rental.
- The rental price is the price stated in the rental contract and is established according to the General Tariff in force (with regard to services, taxes and fees) and the initial price agreed with the customer at the time of rental, depending on the selected tariff.
- The rental price includes the cost of the compulsory vehicle liability insurance and additional insurances.
- The deposit will only be returned to the client when Bikestation Las-Palmas-24 establishes that there is no item to be deducted from the deposit for other items in accordance with the provisions of these General Terms and Conditions. After the correct return of the vehicle, Bikestation Las-Palmas-24 refunds the deposit on the same card (if the rental period is 28 days maximum) or by Paypal or bank transfer to the customer’s bank account (if the rental period is longer than 28 days). The transfer costs of 3€ and up to 17€ (depending on the customer’s account) are to be paid by the customer.
- Under no circumstances can the deposit paid at the beginning of the rental period be used to extend the rental period. In the event that the client wishes to keep the vehicle for a longer period than initially agreed, he/she undertakes to obtain prior express authorisation from Bikestation Las Palmas-24 and to pay the additional amount for the extension immediately.
- The client undertakes to return the vehicle to Bikestation Las-Palmas-24 on the date and at the time and at the place agreed in the rental contract. No refund will be made if the vehicle is returned before the deadline stipulated in the contract. The return of the vehicle at a different location from the one initially agreed, with the prior acceptance of Bikestation Las-Palmas-24, will incur an additional charge. It is essential to present a copy of the contract and the keys of the vehicle for any change or return. A delay in returning the vehicle without prior notice to the Bikestation Las-Palmas-24 shop where it was rented will result in a fine in addition to the price of the extra rental days.
- The service is only considered completed once the vehicle and its keys have been handed over to Bikestation Las-Palmas-24 during the opening hours of the office where it was rented, and under the conditions stipulated in the contract.
Compulsory vehicle insurance, theft, loss and damage to own vehicle.
- The rental price includes compulsory vehicle liability insurance (CDW) covering damage to third parties with no excess or maximum liability. It does not include insurance for theft, total or partial loss, damage (or any other damage) suffered in your own vehicle (or in your luggage, goods or personal objects transported in the vehicle), due to any circumstance (whether due to vandalism or traffic accident) or personal injury.
- For damage arising from other risks (theft, loss, damage to own vehicle) there will be an excess or maximum liability payable by the customer of 600 euros for motorbikes with a maximum cylinder capacity of 125cc and 1200 euros for vehicles of more than 125cc. Accessories (keys, helmets, gloves, screen, etc.) are not covered by the excess and are charged at the prices of the General Tariff in force.
- No replacement vehicle will be provided if, in the event of a claim, the client has not presented the documentation mentioned in the point “Incidents”. No replacement motorbike will be provided if, in the event of damage due to the fault of the customer, the customer has not paid the value of the repair, in accordance with the General Tariff in force.
- The maximum liability (excess) shall not apply if the customer does not comply with the provisions of the articles of the General Terms and Conditions. In such cases, the customer assumes full responsibility for the consequences and accepts the return of the vehicle, the termination of the contract and the payment of the corresponding amounts that may result.
- In case the vehicle can no longer be driven, or cannot be started, the customer has to call the company Bikestation Las Palmas-24 to get roadside assistance.
- The roadside assistance service is included in the rental price and covers the entire island of Gran Canaria. For assistance outside the island of Gran Canaria, the cost of the assistance will be paid by the client. The client agrees not to leave the vehicle until the tow truck or an authorised person arrives to take it to the shop or workshop chosen by Bikestation Las-Palmas-24.
- The full cost of the tow truck will be charged to the client in the event of improper use of the vehicle or in the event of loss or breakage of keys or helmets, lack of fuel or improper refuelling, rescue of vehicles in places or on roads that are unsuitable for driving or unpaved, or any other error, negligence or misuse of the vehicle by the client.
MAINTENANCE AND REPAIRS.
The fuel consumed by the vehicle during the rental period is at the customer’s expense.
The client must refuel the vehicle with the appropriate type of fuel for the vehicle. Otherwise, the client will be responsible for the expenses incurred for the transfer and/or repair of any damage that may have been caused to the vehicle due to the use of unsuitable fuel.
The customer undertakes to return the vehicle with the same level of fuel. Otherwise, the missing fuel will be invoiced plus an additional charge of 10 € for refuelling.
- In the event of an accident with the vehicle, the client must present an accident report duly completed by both parties involved within a maximum of 48 hours from the date on which the accident took place, except in situations of justified force majeure, and in any case always before the end of the rental period of the vehicle. Incomplete or illegible incident reports will not be accepted, and in the event that this is the case, the client will be responsible for the full payment of the damages suffered by the vehicle.
- Failure by the client to provide Bikestation Las-Palmas-24 with the accident report will result in a minimum charge, whatever the value of the damage to the vehicle at the time of its return, the amount of which may be invoiced by Bikestation Las-Palmas-24 in the event of the inapplicability of the additional insurance cover for the reduction of the excess in accordance with the provisions of this Article. In any case, the deposit will be withheld from the customer until it has been clarified which party is responsible for the accident and therefore who is liable for the damage to the Bikestation Las Palmas-24 vehicle.
- If, in the event of an accident, the vehicle is not suitable for driving, Bikestation Las-Palmas-24 will retain the vehicle until the expert’s report has been completed. In this case, the client is not entitled to a replacement vehicle.
MODIFICATIONS TO THE RENTAL CONTRACT.
The present General Conditions, as well as the remaining clauses of the rental contract, may only be modified by written agreement signed by both parties.
COMPUTER PROCESSING OF PERSONAL DATA.
The client authorises the automated processing of the personal data collected in this contract, necessary for the provision of the agreed service, as well as for the offer and contracting of other products and other services of Bikestation Las-Palmas-24. The client is informed of their right to access, rectify and, if necessary, cancel their personal data by e-mail to firstname.lastname@example.org.
Any complaint that the User considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: calle Veintinueve de Abril, número 63, bajo, 35007 Las Palmas de Gran Canaria,
Telephone: +34 928 935 411, Mobile: +34 605 061 024
Online Dispute Resolution (ODR). In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the User and Bikestation Las-Palmas-24, without recourse to the courts of law, through the intervention of a third party, called an Online Dispute Resolution Body (“ODR”), which acts as an intermediary between the two. Without the resolution being binding on the parties, this body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Below is the link to the application or complaint form: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES
Here is the link to the European Commission’s search engine to the list of dispute resolution bodies: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Spain.
Any questions arising from this contract between Bikestation Las-Palmas-24 and the customer shall be subject to the jurisdiction of the Spanish courts and tribunals corresponding to the city where the contract was signed, to which both parties submit.
The above is without prejudice to the