General Conditions T-mobike

The following terms and conditions apply to the commercial rental of bicycles and its accessories, as a standard of T-mobike.

I) CONTRACTUAL PARTNERS

The contractual partners are the bicycle and accesories renter (furter on: renter) and T-mobike. The contracting parties must complete a rental agreement in its entirety and sign it before renting. The contract must be in written form. Additions or changes to the contract must also be made in writing. Verbal agreements do not exist. As owner, T-mobike is obliged to make the bicycle and the agreed accessories, designated in the contract, available to the renter during the duration of the contract in a usable condition and suitable for circulation. The renter is obliged to pay the full rental price in advance in case of a binding reservation. The prices from the price list in force at the time of reservacion will be applied.

II) DURATION OF THE CONTRACT AND LIABILITY FOR NON-COMPLIANCE

The rental relationship of the rented object is concluded for a certain period of time, as agreed in the rental contract. If a delay occurs in the return of the rental item, the rental contract will not be extended. In case the renter does not return the rental item at the end of the rental period, even if the renter is not guilty, T-mobike will have the right to demand compensation for the non-return period as compensation for the use of the rented object at least in the amount of the previously agreed rental rate.

III) EARLY RETURN

If the renter delivers the rental object before the end of the agreed rental period, the renter will not be entitled to a refund of the difference.

IV) STATUS OF THE RENTAL OBJECT AND UNAUTHORIZED USE

T-mobike will deliver the rented items to the renter in an adequate condition, suitable for circulation and clean. The renter is obligued to check the condition of the rented items before signing the rental contract. By siging the rental contract the renter agrees with the condition of the rented items mentioned above. The renter is obliged to use the rented items and, in particular, the bicycle in a careful and professional manner and to respect the rules of circulation. The renter is prohibited to use the bicycle under the influence of drugs or alcohol. The transportation of passengers is also prohibited. The renter is not authorized to modify or otherwise interfere with the rented items.

V) NOTIFICATION OBLIGATIONS

In the event damages to the rented items occurs during use, whether due to fault or not, the renter must notify such damages to T-mobike without delay. The renter will be obliged to inform T-mobke of all the details of the damage.

VI) OBLIGATION TO REPORT THEFTS AND ACCIDENTS

In the event of theft or traffic accident, the renter must immediately notify the police and/ or call and inform T-mobike. Otherwise, the renter will be responsible for damages resulting from failure to comply with this obligation.

VII) RETURN

At the end of the rental contract, the renter will be obliged to return the rented items in the same condition in which it was delivered, except for the usual dirt. The rented items must be returned at the same place where the rented items were issued. Return at another place is only possible with prior agreement. Final cleaning is included in the rental price. The renter must bring a copy of the contract when returning the rented items.

VIII) GENERAL RESPONSIBILITY OF THE RENTER

The renter will be responsible for any damage, loss or breach of other contractual obligations that occur during the rental period. If, as a result of damage to the rented items for which the renter is responsible, a concrete loss of rental income occurs due to a prolonged repair, the renter will be responsible for each day of repair. In case of destruction of the rental object, liability will be assessed up to the current replacement value of the rental items. In case of damages, the renter will be responsible, in particular, for the costs of repair and spare parts of case of replacement.

IX) RESPONSIBILITY FOR THEFT OR LOSS

The renter will be responsible for theft or loss of the rented items. In case of theft or loss, the renter will be responsible up to the amount of the respective replacement value of the rented items, as well as the amount of the loss of rental income during a month of the respective season. The decision of the value of the lost items will only be made by T-mobike.

X) INSURANCE

Insurance, which covers damages to the rented items in the event of a fall or accident, can be contracted voluntarily. The costs of the insurance are 3 euros per day per bike or 20 euros per week (7 days). In case of damage there is always a own risk of 150 euros. Contracted insurance cannot be reimbursed. In case of damages to the rented items without the renter having an insurance, the renter will be responsible up to the amount of the respective replacement value of the rented items, as well as the amount of the loss of rental income during a month of the respective season. The decision of the value of the damages will only be made by T-mobike. The insurance does not apply to bicicles, bicycle parts and/or accessories lost during the rental period, nor to all types of damages to the tires and/or tubes. Tire and tube damage should always be resolved by the client. T-mobike will not send a mechanic for free to repair a bike. There is no pick-up service in case of damages during the use of the rented items. There is no theft insurance.

XI) PAYMENT CONDITIONS

Full payment must be made no later than 30 days before the first day of hiring, to fully ensure your reservation. Not doing so will result in loss of rental rights without rights of refund of previous paid deposits. The written confirmation of your reservation is also proof of your reservation and must be shown before delivery of the rented items.

XII) CANCELLATION OF THE CONTRACT

The renter can cancel the reservation at any time before the start of the rental period. Cancellation must be made in writing. If the renter leaves before the start of the rental period or does not show up, T-mobike will lose the right to the rental price. Instead, T-mobike will have the right to demand reasonable compensation, in relation to the respective price of the rent, for the procedures and possible expenses carried out until the cancellation. T-mobike has staggered this claim for compensation over time, that is, taking into account the proximity of the moment of withdrawal to the beginning of the rental period contractually agreed. Compensation will be calculated based on the moment in which the notification of withdrawal of the renter, as follows: In case of cancellation up to the 30th day before the start of the rental period, the total amount of the invoice will be refunded. From the 29th to the 15th day before the start of the period of rental, cancellation costs are 50% of the total amount of the invoice and from the 14th day before the start of the rental period rental, cancellation fees are 100% of the total amount of the invoice. On the other hand, T-mobike has the right to cancel a reservation to the extent that it is not responsible for the cancellation or there is a case of force majeure. In this case the renter has the right to a full refund of the total amount of invoice.

XIII) CONSENT TO PHOTO AND/ OR FILM RECORDINGS

Without explicit objection of the renter, T-mobike assumes the agreement of the renter for the use of any photos and/ or film footage taken of the renter for any communication measures.

XIV) JUDICIAL COMPETENCE

The exclusive competent court for all disputes regarding the contractual relationship is the court of Palma de Mallorca.