RENTAL TERMS AND CONDITIONS
Cuesta Bike Rental S.L. (Cuesta) rents bicycles and accessories (Rental Bikes) to its clients (Clients) on the following terms:
Travel Insurance: It is the responsibility of Clients to hold their own travel insurance policy to cover personnel medical care in case of accident, loss due to cancellation, and any third party liability that may arise from the use of the Rental Bikes by Clients. No coverage is available from CUESTA to insure Clients from loss in case of damage, theft or other livability incurred in the use of the Rental Bikes.
Status of Rental Bicycle: CUESTA confirms that an experienced bike mechanic, prior to renting, reviews each Rental Bike. Each Rental Bike is prepped for rental and supplied to Clients in properly operating status, and is ready to ride.
Obligations of Clients: It is the Clients responsibility to:
1. Operate the Rental Bike in a manner appropriate to prevailing road and weather conditions;
2. wear a helmet (strongly recommended);
3. know the relevant rules of the road and practice safe cycling;
4. know how to operate a multi speed bike;
Theft of and Damage to Rental Bikes: Except as otherwise specifically provided for in this clause, the Client agrees to be solely responsible for the safe care, custody and operation of the Rental Bike and will indemnity and hold harmless (“Indemnity”) CUESTA for: Any damage to and the costs associated with repairing the Rental Bike, fair wear and tear excepted (including but not limited to all labour, replacement parts, repainting and any other work necessary to restore the Rental Bike to as new condition) during the Rental Period, whether or not caused by the Client, to the maximum of the market value of the Rental Bike as reasonably determined by CUESTA; In the event of theft, the Rental Bike being un-repairable, or the anticipated costs associated with repair exceeding the market value (as reasonably determined by CUESTA), the market value of the Rental Bike as reasonably determined by CUESTA.
Equipment Supplied: each rental bike is rented with a flat tire kit (1 spare tube, patch kit, tire levers, frame pump or CO2 cartridge pump), 2 water bottle cages and a saddle bag. Clients are required to bring their own pedals as Rental Bikes are NOT rented with pedals (limited sets available for rent as an option). Helmets are not included (limited number available as an option). CUESTA is not responsible for the any loss of or damage to client supplied equipment howsoever occasioned.
Waiver: Clients acknowledge and agree that CUESTA maintains no control over the operation of the Rental Bikes by Clients. CUESTA assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of:
• any wrongful, negligent or accidental acts or omissions on the part of the Client;
• any defect in or failure of any vehicle, equipment or instrumentality owned, operated or otherwise used by the Client
• any wrongful or negligent acts or omissions on the part of any other party not under the control, direct or otherwise, of CUESTA.
Clients hereby release CUESTA and employees from and against any and all liability arising during the rental period. Clients acknowledges that they are aware of the risks involved with cycling including but not limited to physical exertion, forces of nature, accidents, travel via any mode of transport, adequacy of medical facilities, or negligence (other than wilful or fraudulent) on the part of employees or others of CUESTA. Clients agree to be responsible for their own welfare, and accept any and all risk associated with the activities they undertake. Clients agree that the terms herein are binding on them, their family members, heirs, successors, assigns, dependents and/or minors accompanying them, and their legal representatives. Clients acknowledge and agree that CUESTA has the right to refuse participation by any person judged incapable of activities, and for not executing this document or other required documentation. Any dispute arising out of these matters whatsoever, shall be resolved in binding arbitration/adjudication under the Spanish law. Any part of this document found to be void or unenforceable shall not negate the enforcement of the remainder.
Payment terms: The rental is only confirmed after a minimum 50% non-refundable prepayment.