LEGAL · VERMIETUNG

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Inhalt

1. Allgemeine Bedingungen

• There are no refunds after accepting delivery on unused Rental Equipment.
• The Signer may not loan, rent, or lease Equipment to any other person and agrees not to take the Rental Equipment out of the state where the rental store is located.
• The Rental Equipment will only be accepted for return if no modifications have been made to it.
• The Rental Equipment must be returned in the same condition as received, except for reasonable wear and tear on consumables.
• Late fees of up to 100.00 € per day will be assessed for each item of Rental Equipment returned after the due date/time.
• Additional fees may apply if SERGIO NIETO MORENO incurs extra time and expense in recovering lost or non-returned Rental Equipment.
• The full retail price of any Rental Equipment not returned within 3 days after the scheduled end of the rental will be charged.
• SERGIO NIETO MORENO reserves the right to report the Rental Equipment as stolen after 3 days.
• Return of Rental Equipment is complete only when bike shop personnel have checked it back in.

2. Schäden, Verlust und Kaution

• Participants must immediately inform an employee if Rental Equipment is damaged or not working properly and should not use it in such a case.
• The Signer’s credit card may incur a charge as a security deposit at the time of pick-up.
• The security deposit amount will vary based on the bicycle model and/or cycling equipment being rented.
• The security deposit is refunded in full if the Rental Equipment is returned in the same condition as when originally provided.
• Even though the refund may be processed immediately upon return, it may take several days to reflect in the account due to banking procedures.
• The Signer agrees to reimburse SERGIO NIETO MORENO for lost, stolen, or destroyed Rental Equipment at regular retail prices.
• Additional cleaning or repair fees may apply for excessively dirty or damaged Rental Equipment.
• Any additional rental fees, late fees, cleaning, repair, or replacement charges will be deducted from the security deposit or charged to the same credit card.
• If additional charges exceed the original security deposit, the Signer’s credit card will be charged again up to the retail value of the items.
• The Signer agrees to fully indemnify SERGIO NIETO MORENO against any chargebacks related to late, lost, stolen, abused, or destroyed Rental Equipment and associated fees.

3. Stornierungsbedingungen (Anzahlung / 48 Stunden)

• Cancellations made 48 hours or more before pick-up will receive a full refund of the deposit fee, minus a 10 € processing fee.
• If the deposit fee is less than 10 €, no refund will be given.
• Cancellations made less than 48 hours before pick-up are not eligible for a refund.

Sicherheitsregeln

• SERGIO NIETO MORENO takes safety very seriously and requires customers to follow these rules:
• Take a test ride to ensure the Rental Equipment is functioning properly before leaving the premises.
• Listen carefully to and understand instructions on how to safely operate the Rental Equipment, including brakes, quick-release mechanisms, gears, suspension, foot retention devices, and motor (if applicable).
• Ensure proper sizing of all Rental Equipment, including the bike and helmet.
• Check tire pressure at the beginning of the rental period and periodically during use.
• Stop using the Rental Equipment IMMEDIATELY if any failure or malfunction is noticed, and inform an employee at the rental store.
• Wear a helmet at all times while riding the bicycle.
• Follow all road laws and regulations at all times.

Gewährleistungsausschluss

• To the maximum extent permitted by law, all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, are excluded and waived.

Schiedsverfahren und Streitbeilegung

• Any controversy or claim arising out of or relating to this Agreement or the Rental Equipment shall be settled by the Spanish Court of Arbitration.
• The arbitration shall take place in Madrid, Spain.
• The result of the arbitration shall be binding.

Datenschutzhinweis (Mietvertrag)

• By signing this Agreement, you consent that your information may be shared with SERGIO NIETO MORENO’s affiliates and local retailers for marketing purposes.
• You may opt out of marketing communications at any time.
• SERGIO NIETO MORENO does not sell, trade, or rent personal data to third parties.
• The full privacy policy and terms of use can be found on the company website.

Haftungsausschluss, Freistellung & Schadloshaltung

WAIVER, RELEASE & INDEMNIFICATION OF NEGLIGENCE CLAIMS — All participants must sign an electronic version of the following document, which appears after successful payment collection.

1. Anerkennung der Risiken

• The Signer understands that bicycling is a potentially hazardous activity that may result in serious injury, death, or property damage.
• Risks include mechanical failures, collisions, road conditions, poor weather, overexertion, and negligence of others.
• The Signer acknowledges the importance of wearing a helmet and assumes all risks.

2. Haftungsfreistellung

• The Signer releases and holds harmless all Released Parties from any liability based on negligence that may arise from use of the Rental Equipment.
• This Release prevents the Signer from suing the Released Parties for injuries, damages, or other losses.
• The Release applies to spouses, heirs, executors, legal representatives, and assigns.

3. Verantwortung für das Equipment

• The Rental Equipment has been loaned in sound mechanical condition and must be returned as such.
• The Signer agrees to pay for any damage caused to the equipment, excluding normal wear and tear.
• The Signer has been instructed on how to use the equipment properly.

4. Freiwillige Teilnahme

• The Signer acknowledges that using the Rental Equipment is voluntary and has the option to decline in light of the risks.
• By signing, the Signer assumes all risks instead of pursuing legal claims against the Released Parties.

5. Anwendbares Recht

• The laws of Spain shall govern this Release.
• This Release shall be interpreted as broadly as permitted by Spanish law.
• If any portion is deemed invalid, the remaining provisions shall remain in effect.

Vereinbarung für minderjährige Teilnehmer

• If the participant is a minor, the parent or legal guardian must read and sign the following:
• I am the parent or legal guardian of the participant and agree that the minor may use the Rental Equipment.
• On behalf of the minor, I irrevocably and unconditionally agree to all terms of this Release.
• I, along with my heirs, estate, insurers, successors, and assigns, fully release and discharge the Released Parties from all claims related to personal injury, disability, death, or property damage to the fullest extent permitted by law.
• SIGNATURES REQUIRED VIA ONLINE DOCUMENTS AFTER SUCCESSFUL PAYMENT COLLECTION.

Stornierungsbedingungen für Mietausrüstung (online / vorausbezahlt)

Hinweis: Diese Seite enthält mehr als eine Stornierungsskala (siehe auch die 48-Stunden-Anzahlung oben). Rechtlicher Wortlaut unverändert.

Cancellation Policy for Rental Equipment: To make an online reservation for bicycles and other materials, you must pay 100% of the total price through our POS (Point of Sale Terminal). To cancel your booking, you must contact us by email to cancel your booking. If you inform us of the cancellation at least 40 days before the pick-up date, we will refund the full pre-payment you made at the time of booking. If the cancellation request is received between 15 and 40 days before the rental start date, 50% of the booking value will be charged. Therefore, 50% will be refunded. If the cancellation request is received less than 15 days before the rental start date, 100% of the total value of the booking will be charged. This means that we will charge your debit/credit card for the full amount due. If you do not collect the bikes on the day of hire, we will charge your debit/credit card for the full amount of the booking. Cancellations due to weather conditions are not accepted.

If you are more than 24 hours late in collecting the bike(s), please inform us. Otherwise, we will cancel your booking the day after your start date, charging the appropriate fees. Rental Items may require a Security Deposit of up to the item value at time of pick-up. EACH PARTICIPANT OR THEIR GUARDIAN MUST SIGN AN ELECTRONIC VERSION OF THE FOLLOWING DOCUMENT, WHICH APPEARS AFTER SUCCESSFUL PAYMENT COLLECTION. SERGIO NIETO MORENO RENTAL AGREEMENT

Rückgabe des Fahrzeugs & Vorautorisierung / Kaution

Wie und wo wird das Fahrzeug zurückgegeben?

• Be sure to return the vehicle at the time stipulated in the contract, during store hours and handing the key and the vehicle to the staff working in the store.
• We have a courtesy margin of 15 minutes, if you do not return the vehicle before that time will be considered breach of contract, having a penalty cost.
• In case the contract holder does not return the rented vehicle at the agreed return point at the time indicated in the rental contract, the contract holder will be responsible for the payment of the damages caused to the rented vehicle and all the expenses generated until its collection, which can reach the amount of the total franchise.

Kann ich das Mietfahrzeug außerhalb der Öffnungszeiten zurückgeben?

• We understand that there are times when you may need to return the vehicle outside office hours, especially if you are flying from an airport, please consult with our staff regarding the 24h return service and we will inform you of the procedure to follow.

Ist eine VORAUTORISIERUNG / KAUTION für die Miete erforderlich?

• It will always be mandatory to block the amount of the pre-authorization/security deposit corresponding to the group of the rented vehicle by card payment method. This amount will not be available for use until the block is released.
• In reservations where payment is made by debit card, the pre-authorization/guarantee deposit will be charged, not blocked.
• Depending on the bank issuing the card, the release of the amount of the pre-authorization may take time to appear on the bank card statement of the contract holder, if it does not appear in your account within 15 days, which is usually the most normal, we recommend calling your bank directly to request the amount.
• As this transaction is a withholding of funds and the money does not leave your account, it is possible that once the withheld amount is unblocked, it may not be reflected in your account as a deposit or refund. However, once the pre-authorization/collateral deposit is cancelled, the amount withheld becomes available in your balance again.
• To request more information about the pre-authorization/ guarantee deposit release timeframe, please review your card terms and conditions and contact your card issuer.
• The rental company does not intervene in this process and has no possibility to accelerate it.
• The rental company is not responsible for any fees charged by the contract holder’s bank on the return of the pre-authorization/guarantee deposit.
• If applicable, to collect any charges resulting from alterations caused to the vehicle during the rental (damage, documentation, missing accessories, level of cleanliness) and from the breach or violation of any of the obligations and/or terms and conditions set forth in this rental agreement.
• In the event of non-compliance with our policies, an additional charge may apply. This amount will be determined after review by a qualified mechanic or surveyor. We will inform you in the days following the return about the amount to be charged, if applicable.

Einstellungen und Datenschutzrichtlinie (soziale Netzwerke)

In compliance with the applicable regulations on Personal Data Protection (GDPR) and Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), users are informed that ICONICK RIDE has created a profile on social networks such as Facebook, Twitter, Instagram, YouTube, LinkedIn, and Google+ with the primary purpose of promoting its products and services.

ICONICK RIDE Information: CIF: 43151841 · Commercial Address: c/ Garita nº11 07015 Palma de Mallorca; c/ Olivera n 12 07181 Calvia · Email: INFO@ICONICKRIDE.COM · Domains: WWW.ICONICKRIDE.COM // WWW.MALLORCACYCLINGSTATION.COM

The user has a profile on the same social network and has decided to join ICONICK RIDE’s page, thus showing interest in the information published. By joining our page, you give us your consent to process the personal data published on your profile.

The user can always access the privacy policies of the social network and configure their profile to ensure their privacy.

ICONICK RIDE has access to and processes public user information, especially the contact name. This data is only used within the social network and is not incorporated into any other data processing system.

Regarding the rights of access, rectification, restriction of processing, deletion, portability, and objection regarding personal data, as established by the GDPR, the user should consider the following:

Right of Access: The user has the right to obtain information about their specific personal data and how it has been processed, as well as its origin and possible communications.

Right of Rectification: The user has the right to request modifications to inaccurate or incomplete data. This applies only to information under the control of ICONICK RIDE, such as deleting comments, images, or content containing personal data.

Right to Restriction of Processing: The right to limit the purposes for which the data is processed.

Right to Erasure: The right to delete personal data, except when legal provisions require its retention.

Right to Data Portability: The right to receive personal data in a structured, commonly used, and machine-readable format and transmit it to another data controller.

Right to Object: The right to stop the processing of personal data by ICONICK RIDE.

ICONICK RIDE will: Access public profile information. Publish on the user’s profile any content already posted on ICONICK RIDE’s page. Send personal and individual messages through social media channels. Update the page status, which will be visible on the user’s profile. The user can control their connections, remove content, and restrict interactions through their privacy settings.

Posts: Once the user joins ICONICK RIDE’s page, they can post comments, links, images, or videos on the page. The user must be the author or have copyright and intellectual property rights or permission from third parties.

Any publication that violates ethics, good taste, or legal rights will be removed immediately, and ICONICK RIDE reserves the right to block the user.

Contests and Promotions: ICONICK RIDE reserves the right to conduct contests and promotions through social media. The rules will always be available on the platform and in compliance with legal requirements. Social networks do not sponsor or endorse these promotions.

Advertising: ICONICK RIDE will use social media to promote its products and services. If direct marketing actions are conducted, they will comply with GDPR and LSSI-CE. Recommending ICONICK RIDE’s page to other users will not be considered advertising.

Social network privacy policy links (as published): Facebook, Twitter, Instagram, Flickr, Pinterest, LinkedIn, Google+.

Cookie-Richtlinie

A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a website, among other things, to store and retrieve information about a user’s or device’s browsing habits. Depending on the information they contain and how the device is used, cookies can be used to recognize the user.

Cookies are essential for the proper functioning of the internet, providing numerous advantages in delivering interactive services and facilitating navigation and usability on our website.

Cookies Used on This Website — In accordance with Article 22.2 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), ICONICK RIDE informs users about the cookies used on our website:

Google Analytics stores cookies to compile statistics on the traffic and volume of visits to this website. By using this website, you consent to the processing of information about you by Google. Therefore, to exercise any rights related to this, you must contact Google directly.

Google Analytics cookies are stored on servers located in the United States and are committed to not sharing data with third parties, except where necessary for system operation or when required by law. According to Google, it does not store your IP address.

Google Inc. adheres to the Privacy Shield framework, ensuring that all transferred data is handled with a level of protection in accordance with European regulations. You can find detailed information via Google Analytics Privacy Policy.

If you wish, you can use the Google Analytics Opt-Out Browser Add-on, which allows you to disable analytical cookies for all browsers.

Additionally, ICONICK RIDE informs users that they can configure their browsers to notify them of the reception of cookies and, if desired, prevent them from being installed on their hard drives. Browser help links (as published): Firefox, Chrome, Internet Explorer, Safari, Opera.