GENERAL TERMS AND CONDITIONS OF THE RENTAL SERVICE AND OTHER ANCILLARY SERVICES - VEHICLE RENTAL CONTRACT
These general conditions of contract regulate in accordance with current legislation the terms and conditions agreed between the Client identified on the front (hereinafter also the TENANT) by the parties for the rental of vehicles (bicycles, electric bicycles or other vehicles or equipment) owned or managed by ENGONARI DESIGN AND MATERIA, S.L. (hereinafter also MANDARINA BIKES or THE TENANT), with registered offices at calle Balmes, 36, 46001 Valencia.
FIRST. USE OF THE VEHICLE.
The Lessee undertakes to use and drive the Vehicle in accordance with the basic driving and traffic regulations and the specifications for use of the Vehicle type.
The Lessee undertakes not to use the Vehicle and/or not to allow it to be used in the following cases:
(a) Paid passenger transport.
b) Pushing or towing any vehicle or other object, rolling or otherwise.
c) Participate in official or unofficial competitions, as well as resistance tests of materials, accessories or products (unless expressly authorised by the Landlord).
d) Driving the Vehicle under the influence of alcohol, narcotics or any other type of narcotic substance.
e) Transport of goods that violate the Law or legal provisions in force, or for illicit purposes.
f) Transport of passengers in a number greater than that authorised and indicated in the Vehicle Traffic Permit and/or Technical Inspection Card.
g) Transport of goods in weight, quantity and/or volume greater than that authorised in the Vehicle Traffic Permit and/or the Vehicle Technical Inspection Form.
h) Transport of flammable and/or dangerous goods, as well as noxious and/or radioactive toxic products.
j) Transport of live animals (except for pets and/or pets, subject to authorisation by the Landlord).
k) With roof rack, luggage rack or similar, other than that provided by the Landlord.
Only the person or persons identified and accepted by the Lessee in the rental agreement and/or any annexes thereto are authorised to drive the Vehicle. In the case of bicycles, the customer must be of legal age according to Spanish regulations (18 years old). In the case of minors, at least one adult must sign the contract, who will be responsible for all minors accompanying him/her, up to a maximum of 5 per adult. The lessee will be obliged to show the aforementioned documentation to the lessor before formalising the rental contract MANDARINA BIKES does not assume any responsibility for fines or infringements imposed on the Clients for lack of a driving licence. The client must provide at the time of signing the contract: 1) Identification document in force 2) Driving licence in force 3) Accommodation address in Valencia 4) Credit card in force and/or the cash deposit required in each case 5) Others that the Company may require.
The Lessee undertakes to keep the Vehicle locked when it is not in use (by using the devices provided by the Lessor for this purpose), to keep the documents of the Vehicle and to supervise it at all times with the utmost diligence. In the case of rental of several days, the Customer will take all necessary measures to ensure that the vehicle does not spend the night in the street, looking for some kind of parking solution under cover or under surveillance (hotel parking, private parking, garage, etc...).
The Lessee undertakes to have the vehicle properly parked and guarded when not in use.
The Lessee is expressly prohibited from assigning, renting, mortgaging, pledging, selling or otherwise securing the Vehicle, the lease agreement, keys, documentation, equipment, tools and/or accessories of the Vehicle and/or any part or part of the Vehicle, or from treating the foregoing in any manner that is detrimental to the Lessor.
It is the Renter's obligation to stop the Vehicle as soon as possible when he/she perceives external signs indicating a breakdown or malfunction. In this case, the Lessee must contact the Landlord or the Roadside Assistance Company, if any, agreed with the Landlord, and only the latter. Charges paid by third parties to the Assistance Company will only be accepted in urgent cases and when the Landlord has expressly authorised them.
It is forbidden to use the vehicle outside the urban area of the city or on motorways/highways. In the event of failure to comply with this paragraph, the Lessee shall be solely responsible for any damage to the vehicle, the driver himself, the person of the second passenger or companion or third parties or the Lessor.
Vehicles may not be transported on board any type of ship, train, lorry or aircraft (unless expressly authorised in writing by the lessor).
Any damage of any kind that the Lessor may suffer as a result of non-compliance with the conditions set out in this article and/or as a result of the use other than that agreed upon by the Lessor, authorises the Lessor to take the Vehicle from the Lessor and to invoice and charge the Lessor, after notifying the Lessor, for the duly justified amounts corresponding to the compensation or other expenses arising from such damage.
SECOND. - STATE OF THE VEHICLE.
The Lessor shall deliver the Vehicle to the Lessor in apparent good working order, in good external condition and cleanliness, and having passed the Lessor's internal controls; and with all its tyres in good condition and without punctures.
The modification of any technical characteristic of the Vehicle, the keys of the Vehicle, the vehicle's equipment, the tools and/or accessories of the Vehicle, as well as any modification of its exterior and/or interior appearance is prohibited (unless express written authorization is given by the Lessor).
In the event of damage, deterioration, theft and/or loss of any of the vehicle's components (wheels, accessories, etc...) the Renter undertakes to replace them by means of a subscription.
THIRD: PRICE, DURATION AND EXTENSION OF THE RENTAL PERIOD.
The rental price is that expressed in the rental contract and is established according to the rates in force at any given time (with regard to services, taxes and fees).
Insurance against theft/loss/damage to own vehicle is not included. If you wish to take out additional insurance, you will be subject to the provisions of the Company at any time, which will offer the voluntary insurance available at any time at the rate in force at the time of taking out the contract.
The duration of the rental will be that agreed by the parties for the period and the contracted rates.
In the event of extension agreed by both parties to the contract, or for return of the vehicle after the deadline for any reason, the applicable price will be that indicated in these conditions.
In no case the amount blocked in credit card as a deposit at the beginning of the rental can be applied as a price for an extension of the rental period. In the event that the Lessee wishes to keep the vehicle longer than originally agreed, the Lessee undertakes to obtain prior express authorisation from the Landlord and to pay immediately the amount of the rent for this extension, maintaining the deposit in the terms on which it was deposited at the beginning of the contract.
The Lessee undertakes to return the vehicle to the Landlord on the date and at the time agreed in the rental contract. The return of the Vehicle in a different place from the one initially agreed, after acceptance by the Lessor, will imply an additional cost to be borne by the Lessee for the collection of the vehicle. This additional cost will be the corresponding one due to the application of the rates for delivery and collection of vehicles.
The client will remain of his obligations at the moment that makes the return of the vehicle in the conditions in which it was given to him in the place and hour established to the effect.
FOURTH. THE PRICE OF THE RENTAL AND ITS PAYMENT
The Tenant undertakes to pay the Landlord, via electronic booking or at the time of commencement of the service:
1. The amount resulting from the application of the current rates and the price agreed in the rental contract according to the selected rate, corresponding to duration, additional insurance, additional equipment and complementary services, according to the stipulated conditions, as well as applicable taxes and fees.
2. The amount of the corresponding compensation for theft, loss or damage of the vehicle, in the amounts stipulated in these conditions and reproduced in the contract signed.
3. The amount of the transfer and/or repair of the damage to the Vehicle caused by improper use, in contravention of what is stated in these conditions.
4. The amount corresponding to the fines or penalties corresponding to the complaints for any infringement of the legislation in force, especially the Road Traffic Code and the Road Safety Law, that the Tenant may incur as a result of the use of the Vehicle covered by the rental contract, as well as the corresponding surcharges for the delay in payment by the Tenant and the judicial or extrajudicial expenses that the Tenant may have incurred as a result of the foregoing.
5. The amount stipulated in the event that an employee of MANDARINA BIKES must travel to a municipal depot to recover the vehicle that was withdrawn due to the responsibility of the lessee.
6. The amounts that, for any reason, could be derived from the fact that the Tenant has caused damage to third parties or to the Landlord himself, even though he is insured. In the event that you are already insured, when the lessor receives from the insurer the amount of the loss or damage, you will return to the lessee what you have been charged for this purpose.
The payment of the amounts of this contract will be made preferably by credit card or other telematic means of payment (online payment gateways, etc.) or in cash.
In the event that the Lessee does not make the payments referred to above within 24 hours after they become due, the Lessor may deduct them from the deposit blocked on the customer's credit card, as well as make a judicial or extrajudicial claim for any amounts to be paid in excess of the amount blocked.
FITH. NSURANCE AGAINST DAMAGE TO THIRD PARTIES, ROADSIDE ASSISTANCE, OWN DAMAGE AND MEDICAL INSURANCE INCLUDED.
The price of the bicycle rental includes the compulsory liability insurance of the vehicle to be driven by the client, roadside assistance in the event of breakdown, and insurance against damage to the driver. These coverages are underwritten with the company SEGURABICI and are subject to the general and specific conditions agreed upon and to that regulated by current legislation. The Lessee accepts and adheres as insured to the aforementioned policy, of which there is a copy that can be consulted in all the offices of MANDARINA BIKES and which the Lessee claims to have read.
The above insurance does not cover the possibility of theft, total or partial loss, damage (or any other damage) to your own vehicle (or to your luggage, goods or personal belongings carried in the vehicle), for any reason (whether due to vandalism or traffic accident).
In the event of any additional insurance being taken out to cover theft, total or partial loss, damage to the tenant's own vehicle, these shall be paid for separately and the tenant shall be expressly chosen by choosing the insurance and the prices charged to the tenant for these items shall be added to the total rental price.
In the event of a claim, the Lessee undertakes to duly complete the Accident report and, where applicable, the corresponding accident or theft report, which must clearly state the details of the vehicles and drivers involved in the accident and the conditions and circumstances in which it occurred. Document that the Lessee must deliver to the Landlord duly completed within a maximum period of forty-eight hours (except in cases of force majeure), from the date on which the insured event occurred.
The lessee assumes full responsibility for the uninsured and will pay MANDARINA BIKES the total cost of the damage compensation. The damages of any kind that the Lessor or third parties may suffer as a result of the occurrence of any of the uninsured events in this article authorise the Lessor to withdraw the Vehicle from the Lessor, to unilaterally cancel the contract and to invoice and collect from the Lessor, without prior written notice to the Lessor, the duly justified amounts corresponding to the repair of such damages.
SIXTH. MECHANICAL MAINTENANCE AND VEHICLE REPAIRS
Mechanical wear and tear due to normal use of the vehicle is borne by the Lessor. In the event that the Vehicle is immobilised due to mechanical breakdown, the Lessee must contact the Lessor or the Roadside Assistance Company agreed to by the Lessor, and only the latter. Charges paid by third parties to the Assistance Company will only be accepted in urgent cases and when the Landlord has expressly authorised them.
The Renter is not authorised to order the repair of the Vehicle, unless expressly authorised by the Renter. In the event of a breakdown, the Lessee shall contact the Landlord so that the latter may establish the appropriate arrangements.
In the event that the rental period is longer than one month, the lessee must place the vehicle in the Lessor's possession every 30 calendar days for routine inspection at the place where the return of the vehicle is initially agreed upon.
SEVENTH - BAIL
The Lessor shall block the customer's credit card in the amount of EUR 50 to 300 per bicycle (depending on the type of vehicle and the circumstances of the lessee) as a guarantee to cover any damage, loss or deterioration of the vehicles. In the event of loss or damage, this deposit will be applied to cover the same, in the amounts that correspond according to the attached tables. In the event that the amount of the damage caused, including loss, total loss or theft of the vehicle, is greater than the deposit deposited, the Lessor shall apply to cover the damage the total amount of the same, and shall claim from the Lessee the amount that may be remaining up to the total amount of the damage caused to the vehicle. In this way, and in such cases, the Lessee accepts and authorises the Lessor to charge the remaining amounts to cover the total amount of the damage directly on the credit card account entered by the Lessee without the need for the latter to sign again. The tenant authorizes this transaction by signing the rental agreement.
EIGHTH - TRAFFIC FINES / INFRACTIONS.
The lessee shall pay in full the penalties imposed on him/her for traffic offences, plus the amount of 20 € for administrative management of the penalty. The amount of the penalty and the management fee will be charged to the client's card as soon as it is known, regardless of whether the notification is made after the rental date (days, weeks or months).
NINTH - CANCELLATION OF RESERVATIONS
The Customer may cancel the reservation free of charge and for any reason, if such cancellation occurs at least one week before the start of the rental contract, by written cancellation via e-mail email@example.com. If the reservation is cancelled within one week at 48 hours before the start of the rental period, a charge of 50% of the amount paid will be applied. In case of cancellation within the last 48 hours before the start of the service for any reason, justified or not, or in case of non-appearance at the start of the service, the Customer will lose the amounts paid and will not be entitled to the recovery of any amount.
TENTH - APPLICABLE REGULATIONS AND COMPETENT COURTS
This contract shall be governed by and construed in accordance with the laws in force in Spain, and shall be submitted to the competent courts and tribunals in the city of Valencia for any doubt, interpretation or litigation, with the express waiver of the parties to their own jurisdiction if different.