General Contract Definitions
First: The Client
You, the client as defined in this contract as (the lessee) acknowledge and agree on signing this contact to the price and duration of hire indicated above and agree to return the vehicle and all accessories described in the hire agreement to Pedicabs S.L. Roger De Flor No. 7 – Barcelona 08018 defined as (the lessor) in perfect condition and within the period stipulated in the initial rental agreement.
Second: The Vehicle (collection of vehicle at beginning of hire period)
The lessee confirms that at the start of this hire agreement to have personally verified that the hire vehicle and all additional accessories are in perfect working condition.
Third: The Vehicle (return of vehicle at the end of hire period)
The lessee agrees to return the vehicle and all additional equipment listed in the hire agreement in perfect working order and in the same condition that it was received, at the beginning of the hire period.
Fourth: Accessory Rental
The lessee shall use the rental vehicle (s) and accessories with the greatest care at all times and under the rules of use specified by the vehicle rental contract and use it exclusively in the municipality, as established in the local Bylaws (*). The use of the vehicle by the lessee or other authorized person will be the sole responsibility of the lessee. It is prohibited to service dismantle or remove parts of the bicycle.
It is prohibited to use the bicycle on land with inappropriate conditions for bicycles such as stairs, dirt fields, skating ramps, or use the bicycle in the sand on the beach, because the damage suffered could be irreparable etc… The lessee must make proper use of the vehicle, returning it in the same state that it was first rented, in good working order and clean.
Fifth: Responsibility
The lessee agrees to properly use the vehicle delivered, and at all times observe , the necessary measures for proper operation of the vehicle and any additional accessories. The lessee will be responsible for any damage, breakages, losses whether partial or total to the vehicle and or any additional accessories.
Sixth: Insurance
The lessee is aware of the risks of driving this particular type of vehicle and any additional accessories and will be solely responsible for any damage to him / herself , and other people or any property, whether by normal or abnormal use of the vehicle and any additional accessories The lessor, Pedicabs SL assumes no liability that may result from non-regulatory driving or in the case of an accident, Pedicabs S.L. is exempted from any damages you may suffer or cause while using the vehicle and any additional accessories , and further will not be held responsible for accident claims, injury, shock or damage to the lessee /s and / or third parties or their property, or for loss of objects during the rental period or for any physical and / or accident damage that may have occurred during the rental period.
Seventh: Fines and Penalties
It is the responsibility of the lessee and his/ her companion / s to respect Spanish traffic laws, drive carefully and respect pedestrians. Any fines incurred are the responsibility of the lessee.
Eighth: Penalties for non-compliance
Penalties will be deducted from the deposit equal to all necessary expenses incurred to repair the vehicle or additional accessories or to reimburse the value of the property subject to its loss, theft, or irreparable damage. Therefore it will also be the responsibility of the contracting lessee to take measures to prevent theft, loss, and damage of the vehicle and all additional accessories.
The terms of the this contract impose a minimum penalty of €3 (Three Euros) for each hour or part hour, and €15 up to €200 (Two hundred Euros) for each 24 hour period of delay in the the return of the rental vehicle, at the time stipulated in the this hire agreement.
Ninth: User Data
The lessee must leave a copy of their official documentation (Passport, Drivers License, National Identity Card) with Pedicabs S.L. This will be returned once the rental vehicle and all accessories have successfully passed inspection by Pedicabs SL at the end of the rental period.
The data provided by the lessee, will be used exclusively for the proper provision of service and the lessee may request, in accordance with the law, Pedicab S.L. to access, rectify or delete said data This agreement is governed by Spanish law.
Tenth: Deposit
At the start of the hire period and before the rental vehicle has left Pedicabs S.L. Premises, the lessee agrees to pay a minimum deposit of €50 (Fifty Euros) till €150 for a cargo bike. The exact amount of the deposit will depend on the vehicle and accessories hired and its total new retail value.
The deposit will be returned in full at the end of the rental period; provided that the vehicle and all accessories has passed Pedicabs S.L. inspection certifying there is no damage or loss pursuant to section five of this contract.
Eleventh: Billing
The lessee will be provided with a consequentially numbered invoice by Pedicabs S.L. for each service requested, which will be recorded in a database to facilitate accounting.
Twelfth: Other obligations of the lessee
The lessee will at all times be responsible for any and all obligations to be determined by any authority, whether national, regional or local, for driving the vehicle, including the need that may arise from having to use any kind of aid or supplement for driving.
It is totally prohibited to use this vehicle in any infraction of the national or local traffic laws.
Thirteen : Lessee Statement of Responsibility
In case of theft or loss the lessee has an obligation to inform Pedicabs S.L. on a contact phone number a maximum of 2 hours from the incident and submit a copy of the filed police complaint form. In case of accident or incident that seriously affect the mechanical condition of the vehicle or additional accesories the lessee will be responsible for notifying Pedicabs S.L. before leaving the entire or part rental vehicle and or accesories at the nearest police station.
Not withstanding the foregoing, the vehicle is the responsibility of the lessee until a copy of the filed police complaint form is delivered by the lessee to the shop where the original rental agreement was signed.
Fourteen : The Lessee Agrees to
Having the mental and physical ability to use a bicycle in accordance with applicable regulations, be an adult, or if a child, the authorization of parents or legal guardian.
Fifteen: Traffic Regulations
* Details of the regulations which should be observed:
- – Municipal traffic regulations of the City of Barcelona https://www.barcelona.cat/mobilitat/es/medios-de-transporte/vehiculos-movilidad-personal
- – Royal Decree 2822/1998 of 23 December, the General Vehicle Regulations approved.
- – Royal Decree 1428/2003, of November 21, the General Traffic Regulations approved.
- – Royal Decree 2406/1985, of November 20. laying declared mandatory technical specifications for bicycles and their parts and components and their approval by the Ministry of Industry and Energy; amended by Royal Decree 82/1999 of 22 January.
- – Law 43/1999, of 25 November, on adaptation of traffic rules to cycling.
- – Law 19/2001 of 19 December, reforming the articulated text of the Act approved by Royal Decree 339/1990 traffic, March 3.
- – Royal Decree 317/2003 of March 14, on the organization and functioning of the Higher Council for Traffic and Road Traffic Safety regulates.
- – Data Protection Act, Law 15/1999, of December 13.
- – Law on Prevention of Occupational Hazards. Law 31/1995, of November 8, Health and Safety at Work.
- – In compliance with Law 15/1999, of December 13, Protection of Personal Data, the personal data provided will be included in automated data files personally owned by the rental company, whose purpose is to effectively manage the company within the realm of its activities. If you want you can exercise rights of access, rectification, cancellation and opposition at any point of the business activity.
Sixteen: Litigation
In case of any dispute arising from this contract the parties concerned expressly submit to the jurisdiction of the Courts of Barcelona.