BIKE RENTAL AGREEMENT

Larnaca Pro Cycle Ltd / General Terms and Conditions of Bike Rental and GDPR notice

A: Condition of the bicycle, use and repairs

1.The customer undertakes to treat the bicycle appropriately and with due care, to observe all the road regulations which apply to its use, to check regularly that the bicycle is in a use-worthy condition. Helmet should be worn when in motion and within daylight hours as lights are not provided.

2.If, during the term of the rental period, it becomes necessary to carry out a repair to ensure that the bicycle is operational or a compulsory bicycle service becomes necessary, the customer may have this work carried out by our repair workshop.

3.Saddle bag (tube with levers), pump and lock are inclusive with bike hire. A charge of €10 is incurred if the tube is used or lost. Loss of bag or pump or lock will incur charges of €20, €15 and €15. Cycle shall be locked when not being used.

B: Reservations and bookings

1.Any prepayment already made towards the rental shall not be refunded; nor shall any differential amount be refunded. Likewise, a booking can be cancelled before the rental begins. In the event of cancellation, the prepayment shall not be refunded if the prepayment does not exceed the rental charge of three rental days (unless covered by doctor’s or travel curtailment). The portion of the prepayment that exceeds the rental charge of three rental days including any extras and charges shall be refunded within ten working days of the cancellation with 10% reduction in admin fee. Cancellations can be made in writing to email info@larnacaprocycle.com

2.In the event that the booked bicycle is not collected or not collected at the agreed time the rental charge already paid shall be withheld in full.

3.For bookings made at prepaid rates, it is not possible to apply vouchers or any other credits during or after the booking unless the conditions shown on the voucher explicitly permit the redemption of the voucher value in bookings made at prepaid rates and if the voucher value is immediately applied during the booking.

4.LPC reserves the right to substitute bicycles with comparable bicycles if necessary.

C: Documents to be presented when collecting the bicycle

1.Before the bicycle is handed over the customer must present a Passport and a valid means of payment (Credit card).

2.All bicycles may be used only on public roads (except for MTB), but not for racing in cycling races, except with prior consent of LPC with written notification. MTB can be used off road but on known designated routes only.

D: Rental charge

1.If the bicycle is not returned to the same rental office from which it was rented, the customer shall be required to pay the cost of returning the bicycle or a one-­way charge.

2.The rental charge comprises a basic rental charge, charges for extra services and any location surcharges. The charges for extra services are particularly one-way charges, service charges, accessories/extras, delivery to hotel and collection costs. Location surcharges will apply to the basic rental charge as well as the charges for any extra services. Special prices and price discounts apply only if payment is made when due.

3.For deliveries and collections, the delivery and collection charges agreed for this shall be charged

E: Due date, payment terms, security (deposit), termination without notice because of default of payment

1.The rental charge (plus any other charges agreed such as, e.g. exemptions from liability, delivery charges etc.) plus value added tax in the statutory amount applicable from time to time must, as a matter of principle, be paid in full for the agreed rental period, i.e. if the bicycle is collected late or returned early there shall be no refund. The rental charge shall be due at the beginning of the rental period, or in the case of bookings made at the prepaid rates already at the time of concluding the booking.

2.As security (a deposit) the customer shall be obliged to pay a sum of money at the beginning of the rental period of €200 per bicycle (plus other charges agreed such as, e.g., delivery charges) plus value added tax in the statutory amount applicable from time to time. LPC is entitled to require the provision of greater security of up to €1500 for bicycle in the high-end category.

3.Unless otherwise agreed, the rental charge, all other agreed charges and the security (deposit) shall be charged to the customer ‘s credit card.

4.Instead of debiting the Customer’s credit card, LPC can, by making a so-­called merchant request in its favour, have a sum in the amount of the deposit frozen under the credit facility granted to the Customer by his credit card institution for his credit card.

5.If the customer is in default of payment of the rental fee LPC shall, even without prior warning, be entitled to terminate the lease agreement without notice.

F: Accidents, theft, obligation to notify

1.After an accident, theft, fire, damage by any means, the customer must without undue delay notify and call in the police; in particular, the customer (the cyclist) must report the damage to the nearest police station if the police cannot be reached by telephone. This also applies if the rental bicycle was damaged only slightly and also in the case of accidents, which are the cyclist own fault without third parties being involved.

2.If ever the bicycle is damaged during the rental period the customer is obliged to notify LPC in writing and without undue delay of all of the details of the incident which led to the bicycle being damaged.

3.The customer must take all measures, which are expedient or conducive to clearing up the case of damage. This particularly includes them having to answer LPC’s questions concerning the circumstances of the case of damage truthfully and not being permitted to leave the scene of the accident until it has been possible to make the necessary findings and particularly the findings that are of importance to LPC for assessing the damaging event or without allowing LPC to make such findings.

4.The customer will be charged for the loss incurred to LPC for theft or damage, not the retail value of any cycle part or frame.

H: Lessor’s (LPC’s) Liability

1.LPC shall be liable in accordance with the statutory provisions in the event of intent or gross negligence by LPC, a representative or a vicarious agent. In all other cases LPC shall be liable only for injury to body or health or for the international or negligent breach of material contractual obligations. Any claim to damages due to the breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract.

2.LPC does not accept any liability whatsoever for property left on the rental bicycle upon its return; this limitation of liability does not apply in the event of intent or gross negligence by LPC, a representative or vicarious agent.

I: Lessee’s (customer’s) Liability

1.In the event of damage to the bicycle, loss of the bicycle or breach of the rental contract, the customer shall be liable, in principle, in accordance with the general rules governing liability. In particular, the customer must return the bicycle in the condition in which he took possession of it.

2.The customer and his vicarious agents shall be liable without limitation for the breaches of any statutory provisions, particularly for traffic and administrative offences, committed by them during the rental period. This also applies to breaches of statutory provisions or other regulations by the customer committed just as/at the time when the rental period ends, such as e.g. against any and all penalty and warning fines, fees and other costs, levied by the authorities or other bodies from LPC because of any such breaches. As compensation for LPC’s administrative costs incurred in handling enquiries put to it by the prosecution authorities or other third parties in order to investigate administrative offences, criminal offences or any nuisance committed during the rental period, LPC shall receive from the customer a flat­‐rate amount of €20 (incl. VAT) for each such enquiry, unless the customer proves that LPC incurred lower costs and/or loss; LPC shall be at liberty to assert greater damages or loss.

3.Damage to brakes, damage caused during normal operation of the bicycle, and simple fracture damage do not constitute accident damage.

J: Return of the bicycle

1.The rental contract shall end at the agreed time and can, under the provisions of this contract, be extended with the prior consent of LPC, provided that the customer advises LPC before the expiry of the agreed rental period.

2.The customer is obliged to return the bicycle to LPC at the end of the agreed rental period, at the agreed location, during normal business hours, which are displayed in a notice at LPC’s offices.

3.Upon return of the bicycle, LPC will fully inspect the bicycle for any damages that may arise (different from those agreed upon collection and covered by this agreement) and the customer will be held liable. If the customer returns the bicycle outside normal working hours (Monday to Sunday from 09:00am to 18:00pm) LPC withholds the right to hold the customer liable for any damages that may arise upon inspection carried out on the next working day. The above-mentioned condition is contingent to the fact that the returned bike will not be suitable for rent until a full and complete inspection is performed. In the case of possible damage found during the inspection LPC has the right to charge the customer for repair costs and the charges will be based on the market prices at that given time.

4.Special rental rates apply only to the period offered. If said period is exceeded, the normal rate shall apply to the whole period.

5.If the customer does not return the bicycle to LPC after expiry of the agreed rental period, even if he is not at fault, LPC shall be entitled to demand payment for use of the bicycle for the period exceeding the contractual term, at the rental rate for one day for each extra day.

K: Termination

1.The parties shall be entitled to terminate the rental contracts in accordance with the statutory provisions. LPC may terminate the rental contracts extraordinarily for cause without notice. Such cause shall be deemed to include, in particular:

 

– Dishonoured bank debits / cheques

– Enforcement measures aimed against the customer

– Lack of care of the bicycle

– Disregard of the regulations governing use for road haulage

– To curtail the rental contract owing to an excessive damage ratio

 

M: Lessee’s (customer’s) direct debit authorization

  1. The customer irrevocably authorizes LPC as well as its collection agent to debit all bicycle rental costs and all other claims in connection with the rental contract from the credit card presented at the time when the rental contract is concluded, from the credit card specified in the rental contract or from the credit card subsequently presented or additionally specified by LPC.

N: Data protection clause

  1. GC Larnaca Pro Cycle Ltd is the body responsible for the purposes of GDPR legislation. The customer ‘s emails and personal data is collected, processed and used by LPC for the purposes of establishing, implementing or terminating the Agreement. Said data shall be transmitted to other third parties only to the extent this is necessary for fulfilling the Agreement, e.g. to the customer ‘s credit card company for the purposes of settlement. After this Agreement customer address and telephone numbers would be used to keep customer up to date with our various sales updates. Should you not wish for this information to be stored please inform us to delete from our system and you will not receive further communication by email, telephone or post.

O: General Provisions

  1. Only undisputed claims of the customer (or claims of the customer which have become final and absolute) may be set off against claims of LPC.
  2. All rights and obligations arising out of this Agreement ensure to the benefit of and against the authorized cyclist.
  3. If and insofar as no provision is contained in this Agreement, the regulations of the Insurance Contracts Act and the regulations of the General Conditions for Motor Vehicle Insurance shall apply mutatis mutandis. This also applies to any ambiguities arising out of this Agreement.

P: Place of jurisdiction, written form

  1. There are no verbal side agreements. Any amendments must be made in writing.

2. If the customer is a merchant, a public­‐sector legal entity or a special body or fund under public law, the place of jurisdiction shall be Cyprus.