ARTICLE 1 – DEFINITIONS

In the general terms and conditions below, the following definitions apply:

1. “Bicycle”, one, two or more wheeled vehicle powered by muscle power via pedals (Bicycle, ebike) or muscle power as in ( Step);
2. “Tenant”, the legal person who enters into the rental agreement as a tenant;
   “Landlord,” Sun E Tourism | Sun E Bike Spain who concludes the rental agreement as lessor;
3. “Damage of the lessor”, the financial loss suffered by the lessor as a result of damage (including abnormal wear and tear) or loss of the bicycle, or of accessories (such as a key), or of bicycle parts. This damage includes, among other things, the costs of replacing (accessories and parts of) the bicycle and the loss of rental income;
4. “Rider”, the actual driver of the bicycle.

ARTICLE 2 – APPLICABILITY

1. These General Terms and Conditions apply to every rental agreement between Sun E Tourism | Sun E Bike Spain and Renter;
2. Agreements between Sun E Tourism | Sun E Bike Spain and the Renter in deviation from, or in addition to, these General Terms and Conditions are only valid if they have been expressly confirmed in writing in a rental agreement;
3. All by Sun E Tourism | Sun E Bike Spain stated amounts include VAT;
4. Sun E Tourism | Sun E Bike Spain hereinafter referred to as Lessor.

ARTICLE 3 – RENTAL AGREEMENT

1. The agreement is concluded by written acceptance of the offer;
2. Offer is valid for 30 days;
3. The rental fee is calculated based on the number of bicycles, rental period and the location of delivery and collection (transport);
4. The rental agreement applies for the period and the rent as stated on the rental agreement or as otherwise agreed;
5. The Renter will have access to a Bicycle for the duration of the rental period;
6. The Bicycle is supplied with a ring lock with one key;
7. Ben Meij Two Wheelers | Fietsverhuur.nl always has a spare key for the Bicycle;
8. Partly due to the risk of theft, the Hirer is not permitted to have copies of the key made or to possess more than one key. A previously reported lost key that is found must be immediately returned to the Lessor;
9. The Bicycle may be provided with an advertisement. If the advertisement is damaged, or an advertisement completely disappears from the Bicycle, the Renter must immediately contact Sun E Tourism | Sun E Bike Spain;

ARTICLE 4 – THE RENTAL PERIOD

1. The Renter must have the Bicycle ready at the latest on the day and time on which the rental period ends. The address is on the rental agreement. If a different address has been agreed, the bicycle must be brought there on time. The Lessor must be able to receive the Bicycle during opening hours;
2. If the Bicycle is not ready as agreed after the end of the (possibly extended) rental period, the lessor can immediately take back the Bicycle. The Renter’s contractual obligations remain in effect until the Bicycle has been returned to the lessor;
3. If the Renter does not have the Bicycle ready on time, the Lessor may charge the Renter 20% of the daily rental price for each hour that the Bicycle returns too late. After an excess of five hours, up to 1½ times the daily rent can be charged per day. In addition, the landlord can ask for compensation for damage, both for damage that exists and for damage that will follow. If it is and remains impossible to return the Bicycle, no higher rental price will be charged. The increase in the rental price does not apply if the tenant demonstrates that the exceeding of the rental period is the result of force majeure.

ARTICLE 5 – PAYMENT

1. Unless expressly agreed otherwise in writing, the rental sum must be paid at the start of the rental period. When paying both in cash and electronically, you automatically agree to our terms and conditions and acknowledge that you have taken note of them.
2. At the start of the rental period, the deposit is EUR 100 per rented Bicycle. The Landlord must leave his/her ID card or Passport, including telephone number and address of residence.
3. As soon as the Bicycle has been returned, the Lessor will refund the deposit. The landlord can settle the outstanding costs;
4. In the event of damage to the Bicycle, this will also be deducted from the deposit. This repayment will take place as soon as it is clear what amount is left. The repayment will certainly be made within two months;
5. Privacy Policy: We store your customer data during the rental period. After the rental period, we store the data for a short period of time to cover any hidden damage. The tenant’s data will not be used for sending advertising or otherwise. The data will never be sold to third parties.
6. Special authorization in deviation from the privacy policy:
   In the event of theft by the customer (not returning the rented property without explanation and can no longer be reached), the tenant authorizes the lessor to use mobile telephone data, bank details, lessor’s accommodation, photo ID or other evidence to identify the place of residence. , address and other relevant information from a bank, mobile phone company or government agency. Costs incurred by the lessor in this respect will be borne by the thief/tenant. By means of this rental agreement, the Tenant declares to agree with this provision.

ARTICLE 6 – OBLIGATIONS OF THE TENANT

1. The Bicycle can be used by a Rider other than the Renter. The Renter must ensure that no one uses the Bicycle who is unable to do so due to a physical or mental disability;
2. The Renter remains liable at all times for the Bicycle being used by the Rider in accordance with its intended use. The Renter is obliged to point out the rules of the rental to the persons whom the Renter allows to use the bicycle and to ensure that they also comply with them;
3. The Bicycle is used normally and the key is handled properly. The Bicycle must always be locked and placed in a (guarded) bicycle shed with the locks that have been provided, as far as possible to a fixed object and on areas intended for this purpose. If there are no (guarded) bicycle sheds and/or areas available that are intended for the storage of The Bicycle, the Renter must not leave The Bicycle unattended;
4. The renter must carefully secure the luggage on the bicycle. 1 person per bicycle is allowed. Multiple adults or children are not allowed;
5. It is not permitted to use the Bicycle on the beach or in the sea. Excess for this is EUR 350 per Bicycle;
6. If the Bicycle is broken, Article 8 paragraph 1 applies and the Renter may not continue to cycle with it if this leads to aggravation of the damage and/or defects, or to a reduction in road safety;
7. The Bicycle remains the property of Sun E Tourism | at all times Sun E Bike Spain; The Renter is not permitted to establish or grant any (security) right to the Bicycle for the benefit of a third party;
8. The Renter may not make any changes to the Bicycle (with the exception of saddle adjustment) that cannot be removed from the Bicycle (without damage). The Renter is also not permitted to manipulate the electronics or software of an E-bike Bicycle in any way.

ARTICLE 7 – OBLIGATIONS OF THE LESSOR

1. The moment the Lessor gives a Bicycle to the Renter, the Renter will have the agreed accessories and specifications, as well as the equipment required in Spain. The Bicycle will also be clean, well maintained and (as far as known or known to the Lessor) in a technically good condition. With an E-bike, the battery is fully charged;
2. The renter will receive an upgrade free of charge if no Bicycle can be provided from the agreed category. Such an upgrade will not work if the agreed Bicycle is already in the highest category;
3. The rental agreement contains telephone numbers where the Renter can report during and outside opening hours;
4. In the event of a breakdown, replacement transport, equivalent as much as possible, will be offered by the Lessor if a defect in the Bicycle needs to be repaired. The Bicycle will be repaired within 24 hours, unless this is not reasonably possible. If the breakdown is the result of your own fault, the costs of the assistance will not be reimbursed by the Lessor;
   7.6 The Lessor inspects the Bicycle immediately on location and/or upon return by the Renter for any damage.

ARTICLE 8- DAMAGE AND MISSING

1. Damage to the Bicycle caused by vandalism will be reported by the Renter to Sun E Tourism | Sun E Bike Spain. The Hirer will provide all information and relevant documents to the Lessor or its insurer on its own initiative or in response to a request;
2. The Lessor has the right to check the condition of the Bicycle. The Hirer is obliged to cooperate in carrying out checks, modifications and maintenance (at the request of the Lessor);
3. In the event of damage and wear of the Bicycle other than to be expected through normal use, at the discretion of the Lessor, the Lessor reserves the right to recover the costs thereof from the Renter;
4. In the event of damage caused by the fault or co-culpability of a third party, the Hirer is obliged to provide Sun E Tourism | Sun E Bike Spain Lessor reserves the right to charge the renter for the damage;
5. The Renter remains liable for damage to the Bicycle until the time when the Lessor has actually inspected the Bicycle or had it inspected. The Lessor will inspect the Bicycle at the first opportunity and will immediately inform the Renter if damage is discovered;
6. The Hirer is liable for damage suffered by the Lessor per claim up to the deductible stated on the rental contract. For bicycles, the deductible is a maximum of EUR 100.00, for electric bicycles a maximum of EUR 450.00;
7. If the Bicycle and/or any part goes missing, the Renter is obliged to report this to the Lessor and to report it to the local police. The police report must be submitted to Sun E Tourism | Sun E Bike Spain;
8. If The Bicycle goes missing, an excess (EUR 150.00 per Bicycle, EUR 500.00 per E-bike) will be charged to the Renter, provided that the Renter can hand over the original key. If the Renter cannot hand over an original key, the deductible is EUR 295 per Bicycle, EUR 1,300 per Ebike;
9. If the Hirer loses a key or the key is damaged, a new key must be requested from the Lessor. The costs for this are EUR 13.50 per key, excluding VAT;
10. To prevent incidents such as loss, theft and damage, the Bicycle must always be locked with the ring lock supplied (if available, chain lock and/or mortise lock);
11. If the Bicycle is not locked and an incident occurs, including a case of vandalism, loss or theft, the Renter will owe a negligence surcharge. This amount is in addition to the deductible;
12. If it turns out that the Renter has provided incorrect information to the Lessor’s disadvantage, the Lessor has the right to charge an unfairness surcharge of EUR 100 per rented Bicycle excluding VAT. This amount is in addition to the deductible and any negligence surcharge;
13. The Renter is liable for damage to and loss of the Bicycle and/or parts thereof, against amounts determined by the Lessor at market value.

ARTICLE 9 – LIABILITY

1. If the Renter uses a Bicycle, this will be regarded as proof that it functions properly and does not show any defects;
2. If the Renter has any doubts about the safety of the Bicycle, the Rented, Sun E Tourism | Sun E Bike Spain;
3. The use of the Bicycle by the Renter is at the Renter’s own risk;
4. The Lessor is not liable for any damage suffered by the Renter as a result of using the Bicycle, unless there is intent or gross negligence on the part of the Lessor;
5. The Renter is responsible for the timely notification of any defects and/or damage to the Bicycle;
6. Repairs to the bicycle are at the expense of the Lessor, unless the repair is the result of careless use of the bicycle;
7. The Renter may only repair the bicycle with someone other than the Lessor after obtaining permission from the Lessor. The lessor gives this permission if this is reasonably necessary, in view of the defect itself and the other circumstances;
8. As an exception to paragraphs 8.6 and 8.7, the Renter is permitted to repair punctures at its own expense and risk using the repair kit supplied and to replace/repair the lights and batteries of the bicycle lights (or have them repaired). Therefore, no permission from the Landlord is required for this;
   The Lessor is obliged to compensate damage caused by a defect in the Bicycle in the following situations:
   – the defect was already present when the rental agreement was entered into and the Landlord was aware of this or should have been aware of the defects;
   – the defect was already there at the time, but the Lessor reported to the Renter at the time of the appointment that the bicycle did not have the defect;
   – the defect arose after entering into the rental agreement, but can be attributed to the Lessor.

ARTICLE 10 – FAILURE TO FULFIL OBLIGATIONS

1. The Lessor has the right to dissolve or terminate the rental agreement in whole or in part with immediate effect by means of a written notice to the Lessee, if:
   – The tenant is in default with the fulfilment of its obligations under the rental agreement;
   – The tenant applies for (provisional) suspension of payment or is granted (provisional) suspension of payment;
   – the bankruptcy of the Renter is requested, or it is declared bankrupt;
   – The tenant is placed under guardianship or the debt rescheduling scheme for natural persons becomes applicable to him;
   – Renter uses the Bicycle in violation of the provisions of the General Terms and Conditions;
   – the Bicycle or other goods of the Renter are seized at the expense of the Renter and this affects the fulfilment of his obligations under the rental agreement;
   – In the opinion of the Lessor, the Hirer misuses the service offered by the Lessor;
   – The Lessee deliberately provides incorrect information to the Lessor, or the Lessee must otherwise no longer be deemed to be able to fulfil the obligations under the rental agreement;
2. The Hirer has the right to terminate the rental agreement with immediate effect if the Lessor has repeatedly and/or seriously failed to fulfil its obligations as described in the General Terms and Conditions;
3. The renter will fully cooperate with the lessor in returning the bicycle;
4. The Lessor is not liable for damage suffered by the Hirer as a result of dissolution pursuant to this article.

ARTICLE 11 – FORCE MAJEURE

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of the Lessor in the fulfillment of any obligation towards the Hirer cannot be attributed to the Lessor in the event of a circumstance beyond the control of the Lessor, as a result of which the fulfillment of its obligations towards the Hirer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from the Lessor. These circumstances also include non-performance by suppliers or other third parties, power failures, computer viruses, strikes, bad weather conditions and work interruptions;
2. If a situation as referred to above arises as a result of which the Lessor cannot fulfill its obligations towards the Hirer, those obligations will be suspended as long as the Lessor cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing;
3. In the case referred to in the 2nd paragraph of this article, the Lessor is not obliged to pay compensation for any damage, not even if the Lessor enjoys any benefits as a result of the force majeure situation.

ARTICLE 12 – AMENDMENT OF THE AGREEMENT

1. If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the agreement, the Lessor and the Hirer will adjust the agreement accordingly in good time and in mutual consultation;
2. Lessor and Hirer agree that the agreement will be amended or supplemented, the time of completion of the performance may be affected by this. The Landlord will inform the Renter of this as soon as possible;
3. If the change or addition to the agreement has financial and/or qualitative consequences, the Landlord will inform the Hirer about this in writing as soon as possible;
4. If the Lessor and the Lessee agree on a fixed rent, the Lessor will indicate to what extent the change or addition to the agreement will result in an exceeding of this rent.

ARTICLE 13 – DISPUTES

1. Complaints about the performance of the agreement must be submitted fully and clearly described to the landlord, in time after the tenant has discovered that in his opinion something has not gone well. If the Renter is late, it may lose its rights;
2. Only Spanish law applies to the rental agreement and the General Terms and Conditions;
3. All disputes arising from or related to the rental agreement will be submitted exclusively to the court.

ARTICLE 14 – APPLICABLE LAW

1. This agreement is exclusively governed by Spanish law;
2. The Spanish court in the district where Sun E Tourism | Sun E Bike Spain is established / has its office, is exclusively authorised to take cognizance of any disputes between the parties, unless the law prescribes otherwise.