General Terms & Conditions / ALlgemeine Geschäftsbedingungen / COndiciones Legales
General rental conditions for bicycles and accessories
Two Fine Wheels Mallorca
1. scope of application and relevant language
1.1 The contractual partner is Two Fine Wheels Mallorca, NIE X2912753X, represented by owner Fabian Runge, Avinguda Benvinguts 3, 07660 Cala d'Or, Mallorca (hereinafter referred to as „Two Fine Wheels“). These General Rental Terms and Conditions apply to all contracts for the rental of bicycles, e-bikes and accessories between Two Fine Wheels and the contractual partner (hereinafter „Customer“).
1.2 Only the original Spanish version of these rental conditions is authoritative. Translations into German, English or other languages are for information purposes only.
2. booking, conclusion of contract and payment
2.1 Bookings are made either
a) via the online booking system provided by Two Fine Wheels or an expressly authorised digital booking channel, or
b) directly on site in the Two Fine Wheels shop.
Telephone bookings are not accepted.
2.2 In the case of online bookings, the contract is concluded upon completion of the booking process, successful payment and acceptance of the booking by Two Fine Wheels. For on-site bookings, the contract is concluded upon completion of the booking and payment in the shop.
2.3 The total rental price and all additional services selected during the booking process or when booking on site must be paid in full at the time of reservation or booking.
2.4 Without full payment, there is no entitlement to reservation, provision or handover of the bicycle or accessories.
2.5 Additional claims arising subsequently, in particular due to damage, late return, loss, missing accessories, cleaning, delivery, retrieval or other additional services, are to be paid for separately.
3. handover, identification and inspection obligation of the customer
3.1 The handover will only take place upon presentation of a valid official photo ID. Two Fine Wheels is authorised to make the handover additionally dependent on the provision of the agreed deposit.
3.2 The bicycle is handed over in a roadworthy and technically functional condition.
3.3 The customer is free to document the condition of the bicycle himself when he takes it over, if he considers this helpful.
3.4 The customer is obliged to check the bicycle and accessories immediately upon delivery for recognisable defects, damage and completeness and to report any complaints before the start of the journey. Defects not reported and recognisable at the time of handover shall be deemed not to exist at the time of handover.
4. rental period, return location and return time
4.1 The rental period, return location and return time can be found in the booking, the booking confirmation or the rental agreement.
4.2 The goods must be returned in full, with all accessories and at the agreed location by the date and time expressly stated in the contract at the latest.
4.3 A late return is not permitted and does not constitute a claim for an extension of the rental period.
4.4 In the event of late return, the customer shall be liable for all resulting damages and costs. This applies in particular to
a) lost or unrealisable subsequent rentals,
b) Refunds, price reductions or other compensation payments to subsequent customers,
c) Costs of retrieval,
d) Organisation, processing and rescheduling costs,
e) other further damage caused by the fact that the bicycle was not returned at the agreed time.
4.5 We expressly reserve the right to assert further claims for damages.
4.6 If the bicycle is not returned despite the due date and the customer cannot be contacted or refuses to return it, Two Fine Wheels is entitled to take civil and, if necessary, criminal action.
5. deposit / security deposit
5.1 A deposit or security deposit must be paid before the bike is handed over.
5.2 The deposit is usually paid as Credit card pre-authorisation / card deposit deposited. Two Fine Wheels may also require the deposit to be paid in individual cases. in cash allow.
5.3 The deposit serves to secure all claims arising from the tenancy, in particular due to:
a) Damage to the bicycle or accessories,
b) loss, theft or non-return,
c) late return,
d) missing accessories,
e) exceptional cleaning,
f) other outstanding claims from the tenancy.
5.4 The deposit is neither an upper liability limit nor a deductible for the customer. It only serves as partial security for possible claims. If damages, losses or other claims exceed the deposit amount, the customer is obliged to pay the excess amount in full.
5.5 The following deposit categories apply per bike:
Category A - 100 € per bike
especially for kids bikes, cross bikes, trekking bikes, speedline, simple hardtails and comparable basic, everyday and family models.
Category B - 250 € per bike
especially for gravel bikes, Stevens Izoard, Merida Scultura, carbon hardtails, carbon fullys, enduro MTBs, trekking e-bikes, city e-bikes and comparable mid-range sports and e-bike classes.
Category C - 500 € per bike
especially for Race Ready models, E-Gravel, Wilier Filante, Merida Reacto and comparable premium and high-performance models.
5.6 The following scale applies for several bicycles in the same contract:
a) For the first and second bicycle, 100 % of the respective deposit applies.
b) From the third bicycle onwards, the deposit for each additional bicycle is reduced to 50 % of the respective deposit.
c) The total deposit per contract is limited to € 2,000.
5.7 Two Fine Wheels is authorised to clearly assign each model to a deposit category before the contract is concluded. The category shown at the time of booking or specified in the contract is binding.
5.8 When the bicycle is returned, a visual inspection is carried out first. In addition, Two Fine Wheels reserves the right to carry out a technical and mechanical inspection by a mechanic within a period of up to 72 hours after return.
5.9 Deposit amounts not utilised will be released after proper return and after completion of the visual inspection and any necessary technical inspection, or refunded if deposited in cash.
6. use of the bicycle and duty of care
6.1 From handover until proper return, the customer shall be responsible for the careful storage and contractual use of the bicycle and accessories.
6.2 The customer remains the sole contractual partner and solely responsible and liable even if he/she authorises third parties to use the bicycle or if the bicycle is actually ridden by other persons.
6.3 In particular, the following are prohibited:
a) Use under the considerable influence of alcohol, drugs or medication,
b) improper handling, overloading or use outside the intended area of use of the respective model,
c) unauthorised technical modifications or repairs without the consent of Two Fine Wheels, except for mandatory emergency repairs for immediate danger prevention,
d) improper transport or improper attachment of the bicycle to vehicles or carrier systems.
6.4 Participation in races, competitions, time trials, triathlons or comparable events is Two Fine Wheels in advance and requires the express consent from Two Fine Wheels. There is no entitlement to approval.
6.5 If the customer takes part in races, competitions or similar events without prior notification and without the express consent of Two Fine Wheels, this shall be deemed to be unauthorised and improper use of the bicycle.
6.6 The bicycle must be secured against theft at all times. The customer bears sole responsibility for this.
6.7 Repairs, maintenance, spare parts purchases or other services in third-party workshops arranged by the customer shall not be accepted or reimbursed by Two Fine Wheels, unless Two Fine Wheels has expressly approved them in advance or an immediate measure was absolutely necessary for reasons of road safety, Two Fine Wheels could not be contacted in advance despite reasonable attempts and the customer provides full proof of necessity and costs.
6.8 Defects, damage, falls, accidents, theft, loss or other unusual occurrences must be reported to Two Fine Wheels immediately.
6.9 If the bicycle cannot or cannot safely continue to be used due to a defect, accident, damage or other incident, the customer remains obliged to return the bicycle to the agreed return location by the agreed end of the rental period at the latest or to have it returned properly, unless Two Fine Wheels expressly confirms otherwise.
6.10 Two Fine Wheels shall not assume any external transport, taxi, courier, towing, return or other costs incurred by the customer or third parties in connection with the return of the bicycle. This also applies if the bicycle is damaged, unroadworthy or only partially usable and Two Fine Wheels does not collect the bicycle itself on site.
6.11 The organisation and costs of an external return of the bicycle to the shop or to the agreed return location shall be borne exclusively by the customer, unless Two Fine Wheels has expressly confirmed the assumption of such costs in text form in advance.
7. damage, loss, theft and liability of the customer
7.1 The customer shall be liable for all damage, deterioration, loss and missing parts of the bicycle or accessories occurring during the rental period, unless these are due to normal contractual wear and tear, material defects or circumstances for which Two Fine Wheels is responsible.
7.2 Liable for compensation are in particular, but not exclusively:
a) Damage as a result of a fall, accident, falling over, incorrect operation or improper use,
b) Damage to the frame, paintwork, carbon parts, wheels, tyres, rear derailleur, derailleur hanger, brakes, cockpit, saddle, battery, charger and accessories,
c) Tyre damage, cuts, punctures, rim damage and damage caused by continuing to drive with under-inflated or flat tyres, provided there is no material defect,
d) Damage caused by sand, salt, moisture, improper cleaning or improper storage,
e) Loss of or damage to keys, locks, pedals, helmets, chargers, holders and other accessories,
f) Damage to paintwork and frames, insofar as they go beyond normal, contractual signs of use.
7.3 In the event of theft, robbery, vandalism, loss or accident involving a third party, the customer is obliged to inform the police immediately and to send Two Fine Wheels a copy of the report within 24 hours.
7.4 In the event of loss, theft or total loss, the customer shall owe the replacement value of the bicycle or accessories less any remaining residual value.
7.5 The amount of damage is determined by the necessary repair costs including material, labour, external workshop services, transport costs, depreciation and, in the event of total loss or damage, the replacement value.
7.6 Two Fine Wheels is entitled to base the damage assessment on a cost estimate, an internal workshop calculation or the assessment of a specialised workshop.
7.7 Damage that is not immediately recognisable on return and is only discovered during cleaning, dismantling or workshop inspection can be charged to the customer retrospectively if it is documented and reported to the customer within 72 hours of return.
7.8 All compensation, cleaning and additional claims are due immediately after invoicing.
8. payment of outstanding receivables
8.1 Outstanding claims arising from the rental relationship, in particular due to damage, loss, late return, missing accessories, exceptional cleaning or other additional costs, must be paid actively and immediately by the customer after invoicing.
8.2 As far as technically and legally possible, Two Fine Wheels may use the pre-authorised deposit in whole or in part to secure and fulfil documented and due claims. Otherwise, the customer remains obliged to pay outstanding balances in full.
8.3 Two Fine Wheels does not store any sensitive card authentication data itself. Payment processing takes place exclusively via the payment service provider or acquirer used.
9. use at your own risk / liability of Two Fine Wheels
9.1 The use of the bicycle, sporting activities and participation in tours shall be at the customer's own risk. The customer declares that they are in a position to use the rented bicycle safely in terms of health and riding technique.
9.2 Two Fine Wheels shall only be liable within the scope of the mandatory statutory provisions.
9.3 In the event of slight negligence, Two Fine Wheels shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable, direct damage typical of the contract.
9.4 To the extent permitted by law, Two Fine Wheels is in particular not liable for
a) indirect and consequential damages,
b) loss of holiday, training, competition or leisure opportunities,
c) delays, cancellations or restrictions due to weather, traffic, official measures, third parties or other circumstances for which Two Fine Wheels is not responsible,
d) Damage caused by improper use, disregard of instructions, unauthorised interventions or the general risk of sporting activity.
9.5 Two Fine Wheels is not liable for items left behind by the customer on or in connection with the bicycle.
9.6 If Two Fine Wheels is not responsible for a defect or problem during the rental period, or if the customer continues to use the bicycle despite recognising a problem, Two Fine Wheels shall not be liable for any consequential damage arising from this.
10 Cancellation, no-show and early return
10.1 If a reservation is cancelled up to 30 days before the start of the rental period, 50 % of the rental costs will be refunded.
10.2 Cancellations made less than 30 days before the start of the rental period will not be refunded.
10.3 In the event of non-commencement or premature termination of the rental, no refund will be made.
10.4 Mandatory statutory rights of the customer remain unaffected.
10.5 Changes to bookings are only possible subject to availability and only after express confirmation by Two Fine Wheels.
11. delivery and collection
11.1 Two Fine Wheels can offer optional delivery and collection of bicycles. Delivery and collection are only owed if they have been expressly selected and paid for during the booking process.
11.2 The basis for the calculation is the delivery address given at the time of booking.
11.3 The basic price of a delivery is €30 and covers a distance of 15 kilometres from the shop in Avinguda Benvinguts 3, 07660 Cala d'Or. Each additional kilometre is charged at €2. The maximum delivery distance is 82 kilometres. Deliveries are offered from a value of goods or rental price of 70 €. Deliveries from a value of goods or rental price of 500 € are free of charge.
11.4 If a different delivery address is requested or required after booking, the additional kilometres and costs actually incurred will be charged additionally.
11.5 For logistical reasons, the route planning and handover time is usually agreed 1 to 7 days before the start of the hire period. Any special requests will be taken into account as far as possible and in the order in which they are received.
11.6 The exact handover procedure and time will be communicated to the customer by e-mail. For logistical reasons, a time window of 90 minutes is deemed to have been agreed.
11.7 A delayed handover due to circumstances for which Two Fine Wheels is not responsible, in particular increased traffic volume, accidents, weather or official measures, does not constitute a defect and does not justify a claim for reimbursement or cancellation free of charge, provided that the service as a whole can still be reasonably provided.
12. breakdown service / assistance
12.1 Two Fine Wheels is not obliged to provide a breakdown service or an assistance service. Whether assistance is organised or offered in individual cases is decided by Two Fine Wheels according to availability and at its own discretion.
12.2 If Two Fine Wheels provides a breakdown service or assistance service in individual cases, the costs for this are € 3 per kilometre distance from the shop in Avinguda Benvinguts 3, 07660 Cala d'Or.
12.3 The availability of such a service cannot be guaranteed for logistical reasons and is not a binding part of the contract, unless expressly agreed otherwise in writing.
12.4 If the customer does not make use of a breakdown service offered by Two Fine Wheels or if such a service is not available, this does not constitute a claim for reimbursement or assumption of external transport or repatriation costs.
13. reservation of security and cancellation of the lease
13.1 Two Fine Wheels is entitled to refuse the handover or to terminate the rental without prior notice if the customer is recognisably under the influence of drugs and/or alcohol or is unfit to drive for other reasons or represents a considerable danger to himself, the material or third parties.
13.2 In this case, a claim for reimbursement shall only exist insofar as this is required by mandatory law or Two Fine Wheels is responsible for the non-realisation.
14. spare bike
14.1 If a booked bicycle is not available for technical or organisational reasons, Two Fine Wheels can provide a replacement bicycle of a comparable category, purpose and value.
14.2 If the replacement bike is cheaper, the difference will be refunded.
15. data protection and payment data
15.1 Personal data is processed exclusively in the context of contract processing, customer communication, payment processing, deposit management, claims processing and to fulfil legal obligations.
15.2 Payment data is processed exclusively via the payment service provider used. Two Fine Wheels does not store any sensitive card authentication data itself.
16 Applicable law and place of jurisdiction
16.1 Spanish law applies.
16.2 For consumers, the mandatory statutory jurisdiction and consumer protection regulations apply.
16.3 If the customer is not a consumer, the place of jurisdiction shall be the registered office of Two Fine Wheels, to the extent permitted by law.
17 Final provisions
17.1 Should individual provisions of these rental conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
17.2 The invalid or unenforceable provision shall be replaced by the statutory provision.
