General terms and conditions for bike rental to regulate the contractual relationship between Free Biking Tour Cartagena (renter; renting the bicycle out) and the customer (taking the bicycle for rent) for the assignment in temporary rental of a bicycle (equipment) under the conditions established in the contract and its particular conditions.
The bicycles provided for use are in satisfactory operating condition and the customer agrees to use them at their own risk or call deficiencies to the attention of a company representative. Individual bike specifications are subject to change based on availability of replacement components. Instruction in the use, assembly and maintenance of bicycles will not be provided and customers affirm that they are competent and familiar with the use of a bicycle.
At the time of rental, both parties shall sign this agreement, which includes client’s personal data, equipment main characteristics and condition, the rental’s period of time and the liability term.
Delivery and Collection
Delivery and collection will be agreed with the customer in advance and will be carried out by Free Biking Tour Cartagena representative. The customer is responsible in receiving and handing over the bicycle. The bicycle may be handed over only to the official representative of Free Biking Tour Cartagena. The bicycle delivery and collection service is subject to approval by management at delivery and collection location. The customer is responsible for ensuring that management at their accommodation is agreeable to accepting bicycle delivery and providing safe storage for rented bicycles.
The client is responsible for handing over the rented bicycle, helmet and chain. The client will not be reimbursed in case of returning the equipment before the agreed rental period of time.
Release of liability
Free Biking Tour Cartagena shall not be responsible for personal injuries or property damage, loss or delay incurred by any person arising out of the act of negligence of any direct or supplemental carrier or other person rendering any of the services or products being offered in these rentals; nor shall Free Biking Tour Cartagena be responsible for any injuries, death, damage, loss or delay in any means of transportation or by reasons of any event beyond the actual control of Free Biking Tour Cartagena or due to force majeure. Customers follow any suggested itinerary at their own risk and agree not to hold Free Biking Tour Cartagena responsible for injury or death resulting from accidents.
Obligations for the customer
The customer accepts the bicycle in good condition, and commits himself/herself to return the bike in equally good condition, and to ride the bike respecting the rules and obligations outlined in Colombian government laws, as well as committing himself/herself to following rules:
- The customer must guarantee the proper use of the bicycles to maintain their good conservation, operation and safety;
- The customer will assume responsibility for any damage or loss of personal property, accidents / injuries to other people related to said rental equipment;
- The customer must return the bicycle, its lock and the helmet on the date and time of expiration specified at the time of signing this contract;
- The customer must return the bicycle in the same technical condition and clean;
- It is forbidden to the customer to adjust or manipulate the mechanical parts of the bicycle without supervision;
- The customer must always park the bicycle safely, considering the area for pedestrians, and in a place where chance of theft is minimized (for example, not in dark alleys or unsafe places);
- The customer will lock the bicycle every time he or she moves away from it. The customer will lock the bicycle onto something with the chain going through the rear wheel, frame and steel bracket under the seats;
- The customer agrees not to use the bicycle while under the influence of alcohol or drugs or not to transport anything illegal on the bicycle;
- In case of any problem with the equipment, the customer must immediately contact the representative of Free Biking Tour Cartagena and deliver the bicycle at an agreed point;
- The customer agrees to use this bicycle for personal use only and is not allowed to use this bicycle to offer services.
If the client wants to extend the rental’s period of time, he or she shall contact Free Biking Tour Cartagena and the amounts provided in the pricing list will be charged.
Free Biking Tour Cartagena recommends the use of helmets whenever riding a bicycle. The use of helmet is the customer’s responsibility. The
company is not liable for damage caused to the customer or to others. When renting the helmet from Free Biking Tour Cartagena, the customer needs to take care of the helmet with caution and return the helmet in the same condition with the bicycle by the time agreed. Bicycles provided for use are in satisfactory operating condition and participants agree to use them at their own risk or to report deficiencies to a company representative.
The customer understands and agrees that any subleasing of rental equipment is prohibited and that any such sublease shall immediately cause termination and cancellation of this contract. If the bike is to be used by a person under the age of 18 years, a parent or a legal guardian must sign the contract and accept the liability clause.
Obligations for Free Biking Tour Cartagena
Although all our bikes are professionally serviced before dispatch, bicycles may need tuning or maintenance during the course of the rental period; such maintenance will be carried out only with the agreement of Free Biking Tour Cartagena.
- Free Biking Tour Cartagena provides a bicycle with the statutory and agreed features and accessories;
- The provided bicycle is clean, well maintained and in a technically good condition;
- In case of damage to the bicycle prior to the rental, Free Biking Tour Cartagena will make a report of the damage in the presence of the customer;
- Free Biking Tour Cartagena will inspect the bicycle for any damage immediately after it is returned.
Free Biking Tour Cartagena reserves the right to refuse the rental of bikes to who does not have valid ID; is visibly under the influence of alcohol or other substances; does not provide assurance of prudent use and care of
the bike; has previously broken the rental conditions.
Customer’s liability for damage
In case of partial damage or total loss of the equipment rent, the customer must pay the following amounts (in Colombian pesos or if agreed upon in equivalent of United States Dollars): bicycle lock/chain – 20.000 COP; pedals – 20.000 COP, rims – 50.000 COP, brake pad – 10.000 COP, seat – 30.000 COP, basket – 25.000 COP, helmet – 55.000 COP, total loss of equipment 600.000 COP. such maintenance will be carried out at the customer’s expense.
The customer does not pay for equipment failure beyond the customer’s control; i.e. transport damage or worn parts occurred. In case of injuries occurring to the rented bicycle, the customer will immediately inform the renter and arrive with the bicycle to an agreed location to have the bicycle fixed or changed.
Free Biking Tour Cartagena is responsible for structural deficiencies such as damaged frames, worn bottom brackets, suspension and wheel hubs. Free Biking Tour Cartagena is not responsible for the following occurrences during bike rental: gear tune ups / punctures / broken spokes / broken chains / broken derailleurs / broken drop-outs / wheel rim damage / torn saddles / stripped threads on pedal crank / damage beyond the control of Free Biking Tour Cartagena and resultant of rider use or misuse.
Customer’s liability for loss
Failure to return the rented bicycle will result in a reportable crime for committing theft against Free Biking Tour Cartagena and its representatives and breach of the agreement between the parties. If the bicycle is stolen from the customer, he/she must immediately report it to the local authorities and will be responsible for the payment of the pre-established amount of 600,000 COP to Free Biking Tour Cartagena. Loss or theft of parts of the bicycle, helmet or chain is considered the fault of the customer and the he/she must immediately report it to the local authorities and will be responsible for the payment of the pre-established amount under Customer’s liability for damage section of this contract.
Dissolution of the contract
Free Biking Tour Cartagena is entitled to terminate the contract and seize the bicycle if:
1. The customer does not obey one or more of his/her obligations, unless the omission does not justify dissolution;
2. The customer dies, is put under guardianship, applies for moratorium, is declared bankrupt, or is in a legal debt management regime;
3. If Free Biking Tour Cartagena is entitled to seize the bicycle(s), customer must offer full cooperation;
4. If the customer dies prior to the hire period, the contract is automatically dissolved;
5. Free Biking Tour Cartagena is not liable for any damage caused by dissolution of the contract.
Confirmation of Acceptance
By renting a bicycle from Free Biking Tour Cartagena, the customer acknowledges that he or she has read these Terms and Conditions and that he or she agrees to be bound by them.
For the cases omitted in these terms and conditions, the parties are governed by the applicable Colombian legislation.