PRO AM CYCLE HIRE TERMS AND CONDITIONS

The parties to these terms and conditions are Pro Am Cycle Hire, now referred to as “us, we, our”, and “you” the hirer of our Equipment, Equipment being any items of ours you have hired from us. The “Contract” means the binding agreement for the hire of Equipment between us which is created on the signing of the hire agreement or ticking the agreement box on the website.

FIRST – Equipment, Bicycles and accessories related to this hire agreement are owned by us. In any case, and, in spite of property rights to the hired items are not acquired.

SECOND – You state that the users of the of this agreement / equipment are in a good state of health and assumes all liability for using the equipment / bicycles.

THIRD – The bicycle rental does not include a guide (unless contracted separately). We agree to make available to you any information available about the local area, and possible routes and /or trips suitable for hired bicycles.

FOURTH – The bicycles / equipment (scooters etc) are rented with an approved helmet for each user and a security lock for each bike. By signing the contract, you are responsible to return the bikes / equipment in the same perfect condition / state you / they received them in, including accessories and padlock keys. We are entitled to claim from you the following amounts: In case of damage, the cost or replacement parts and/or any reasonable cost for time incurred for repairing the Equipment / bicycle. In case of the loss of the Equipment / bicycle, the full replacement cost. In case of loss of padlock key, 6€, loss of padlock 13€, loss of helmet 25€.

FIFTH – You are custodian of the rented equipment / bicycle/s and accessories assuming all civil and criminal liabilities that this condition implies until all items have been returned.

SIXTH – We disclaim any liability in case of accidents during the use of the equipment / bicycles, being in any case covered by the liability insurance of the company and by The Users Insurance by law 56/2003. Likewise, we reserve the right to claim against you in case of misuse or poor road usage.

SEVENTH – If a route or excursion is not possible to complete due to a malfunction of the bicycle and/or because no substitute is available, you cannot claim for any damages or losses that might have been caused to you.

EIGHT – The bicycle / equipment user undertakes to:
Advise the owner upon return of the item any fault or damage to the item.
Make good use of the bicycle / equipment and the material provided by the owner.
Reimburse the owner for any damage caused to or by the bicycle / equipment and for the damage caused to third parties.
Respect traffic rules and comply with regulations relating to it.
Do not cycle in pedestrian areas.
Do not cycle the wrong way on a one-way street.
In case of failure or deficiencies with rented equipment and / or user accident, telephone +34 971 864080
(+34 609 66 77 20, out of hours, emergencies only).
We reserve the right to remove hire equipment if we believe it has not been secured properly.

NINTH - We require a 20% deposit to secure a booking for general hire equipment or 50€ for road bike bookings.
If a booking is cancelled by you for any reason, we will refund:
The full amount, less a 20€ admin fee, if notified 29 days or more prior to the start date of your hire
50%, less a 20€ admin fee, if notified between 28 and 15 days prior to the start date of your hire
25%, less a 20€ admin fee, if notified between 14 and 8 days prior to the start date of your hire
No refund will be made for booking cancelled between 7 days prior to, and the start date of your hire
If you are cancelling due to a serious illness or death we will on production of a medical / death certificate refund the full amount, less a 20 euros admin fee.
All cancellations are subject to a 20€ admin fee

TENTH - All Equipment must be returned, to a location and at a time agreed between us and you, at the end of the hire period. If you return hire items late you will be charged at the published daily rate for each day or part thereof, when the equipment is returned.

ELEVENTH - Sight of a valid credit card may be required at the commencement of the Hire Period, this may extend to a deposit to the value of the Equipment by credit or debit card payment or other surety as deemed sufficient by us depending on our assessment of the risk and the value of the Equipment. This deposit will be returned at the end of the Hire Period provided that any Equipment is returned in an undamaged condition.
In all cases normal wear and tear is defined by the products’ manufacturer or supplier is accepted and allowed and is included in any hire price
In all cases, any deposits can be used as a deposit against the costs or charges mentioned herein.


TWELFTH - PERSONAL SAFETY
You accept at all times that cycling / hire equipment has inherent risks and that all equipment may fail. It is your responsibility to ensure all equipment is roadworthy and of sound condition before commencement of the Hire Period.
Cycling etc involves personal risk and you must ride responsibly. Injury(s) and/or death associated with the sport of cycling etc may result from weather, excessive speed, collision with inanimate objects or other persons, rider /user inexperience, poor health, error or abuse of equipment.
First time or novice bikers / users should use the Equipment under the supervision of an experienced rider / user.
You must not cycle or use hired equipment under the influence of alcohol, strong medication, other drugs or fatigue.
The wearing of helmets whilst riding a bike is obligatory in Spain, if you decline to wear a helmet this is your responsibility and any fines / injuries etc are down to you the hirer.


THIRTEENTH - GENERAL
The Contract constitutes the entire agreement between the parties, and supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
We shall at all times comply with the Data Protection Act 2018 and all applicable legislation.
Any notice required or permitted to be given by either party to the other under this Contract shall be in writing at the address as notified to the other party.
No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Contract by the other party shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of this Contract is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
Except as otherwise expressly provided herein, nothing in this Contract confers or purports to confer on any third party any benefit or any right to enforce any of these terms or conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
The Contract shall be governed by Spanish law, and both parties hereby agree to submit to the exclusive jurisdiction of the Spanish Courts.