General Terms And Conditions For Bike Rental
issued by
orangebikez.mx, Nuevo Vallarta

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Definition of Terms

Bicycle: the (e-)bike and/or any other item that is comprised by the contract

Customer: the natural person or legal entity purchasing the bike rental and/or bike tour service from orangebikez

orangebikez: orangebikez.mx, the company offering the bike rental services according to these terms and conditions

Rider: the person actually riding the bicycle

Written: in writing or electronically

Article 1: Liability

orangebikez.mx will not be liable for any personal injury caused on the public road by third parties during the rental period of a bicycle owned by orangebikez. Or any other personal injury caused by carelessness or by the fault of the renter himself. It is the responsibility of the renter/customer to ensure proper insurance before entering public road.

Neither will orangebikez be liable for any personal belongings being stolen or damaged, which are carried on the bicycle/scooter during the rental period. Orangebikez takes full responsibility in the event of damage caused by a technical defect (a sole event, not caused after contact with any other vehicle or object) to the rented equipment.

These general terms and conditions apply to all contracts between orangebikez and customers for bike tours and/or bike rental, including accessories like helmets and child seats.

Article 2: Offer And Agreement

1. According to the wishes of the customer, orangebikez makes a written or oral offer. The offer contains (where applicable) the name of the service (bike rental), rental period, and price. Furthermore, it states the opening hours and telephone number of the company, the manner of payment, and the type of deposit.

2. The contract is established when the customer accepts an offer from orangebikez.

3. orangebikez will retain ownership of rented bikes and accessories at all times.

Article 3: Price And Duration

1. The customer is not allowed to return a rented bicycle after the date and time stated in the contract. Bikes must be returned to the same branch and during the business hours of orangebikez: 8AM - 4PM, Tuesday - Sunday.

2. orangebikez is not obliged to give any refund for rented bikes that are returned before the end of the contractual period.

3. For each hour that the rental period is exceeded orangebikez is entitled to charge customers 15% of the daily rental price on top of the actual rental price, with a maximum charge of 5 hours for the first day. For each following day, a maximum of 150% of the rental price can be charged.

4. If the bicycle is not returned on time, orangebikez is entitled to take back the bicycle immediately.

Article 4: Cancellations

1. When customer cancels a bike rental:

a. Up until 3 days before the start of the bike rental, 0% of the price will be charged.

b. Between 3 and 1 day(s) in advance, 25% of the price will be charged.

c. 1 day or less in advance, 100% of the price will be charged.

2. Regarding cancellations, noon (12.00pm, local Nuevo Vallarta- time) on the day of the start of the bike rental will be taken as the countdown moment.

3. Cancellations outside of business hours can only be made by email: orangebikez.mx@gmail.com

Article 5: Payment And Deposit

1. Reservations made online (via Paypal) require a 50% payment upfront and no deposit required. At the moment of picking up the bike(s) in the shop, the other 50% is to be due either by debit/creditcard or in cash

2. Rentals made in person in the shop require 100% payment upfront in cash or by debit/creditcard, and a copy of a legal photo-ID, OR a deposit of 1000MXN (cash/creditcard), which will be refunded after returning the bike(s) minus the rental amount

3. Any cash deposit will be paid back in cash*, minus the rental amount, as soon as the bicycle is returned. In the event of damage for orangebikez, the amount charged for the damage will be subtracted from the cash deposit, or charged to the credit card information left for deposit.

* Mexican law states that deposits made in a commercial environment have to be in local currency, USD or any other currency is invalid (Article 115 of the Credit Institutions Law)

Article 6: Obligations For The Customer

1. Customer must treat the bicycle well and in accordance with its actual purpose.

2. Customer must return the bicycle to orangebikez in its original condition. Any changes or additions by or on behalf of the customer must be undone.

3. By renting a bicycle, the customer declares to be:

a. In good physical condition, i.e. not suffering from any medical diseases or complaints that influence their riding ability.

b. Able to properly ride a bicycle.

4. orangebikez reserves the right to judge the capacities and abilities of a customer or rider prior to the use of a bicycle.

5. The customer must obey all traffic laws and instructions from orangebikez staff.

6. The customer/rider must behave as a good renter/rider, which means he:

a. Is not permitted to sublet or sublease the bicycle.

b. Is not permitted to give the bicycle to a person other than the rider.

c. Is not permitted to take the bicycle outside of Mexico.

d. Is not permitted to ride a bike with more than 1 person.

e. Must ensure that the person who is contractually indicated as the rider is legally permitted, and physically and mentally fit enough to ride a bicycle.

f. Must secure loads on the bicycle with due care.

g. Is not permitted to continue using the bicycle if it’s damaged, when its use can lead to aggravation of the damage or affects traffic safety.

Article 7: Additional Instructions For The Customer

1. The customer must return the bicycle in a clean condition. Cleaning costs with a minimum of $200MXN may be charged.

2. Customers must bring a copy of the contract with them upon returning the bike.

3. Each bike is equipped with 1 lock. Customers must never leave the bicycle unattended unless properly locked. orangebikez staff will demonstrate correct use of the locks.

4. At the start of the rental or, the customer needs to check the bicycle and report any possible defects to orangebikez staff. When the defect(s) cannot be repaired instantly, the customer is permitted to have a replacement bike. As soon as the customer leaves the orangebikez shop, he accepts the condition of the bicycle.

5. In case any problems with the bicycle occur in Nuevo Vallarta or surroundings, the customer needs to contact orangebikez directly by calling (+52) 3222 413804 and report the issue so that a quick solution will be found. Always make sure renter and bike (if reasonably possible) are parked safe before contacting orangebikez. If applicable, warn the local police first.

Article 8: Obligations For orangebikez

1. orangebikez provides a bicycle with the statutory and agreed features and accessories, which is clean, well maintained and in a technically good condition.

2. In case of damage to the bicycle prior to the rental, orangebikez will make a report of the damage in the presence of the customer.

3. orangebikez will inspect the bicycle for any damage immediately after it is returned.

Article 9: Customer’s Liability For Damage

1. The customer is liable for any damage to orangebikez related to the bike rental or bike tour unless the damage is caused by a violation of the obligations stated in article 8.

2. The customer is liable for actions and omissions of the rider(s) and other users of the bicycle(s) comprised by the contract, even if they didn’t have the customer’s permission to use the bike.

3. The customer must respect all rules and regulations. The customer uses the bicycle on his own responsibility. If customer infringes any Mexican rules or regulations, orangebikez can by no means held liable.

4. In the event of loss, theft, or damage of the bicycle, orangebikez is entitled to charge a (maximum) compensation of:
$17500MXN for model “Skyler”, $19500MXN for model “Chamaco”, and $23400MXN for model “Brutus”.
For damaged parts of a bike; saddle $350MXN, lock $800MXN, lights set $390MXN, chain case $210MXN, fork $660MXN, luggage rack $330MXN, bell $100MXN, key for lock $290MXN, gear changer $290MXN, basket $250MXN, stand $210MXN, mudguard $210MXN, entire back wheel $900MXN, entire front wheel $740MXN, tire damaged by skidding $390MXN, gear system $2900MXN, e-bike battery $6300MXN, e-bike charger $6800MXN, and wheel with electrical engine $7800MXN.
Accessories; helmet $480MXN, cable lock $780MXN, and disc brakes $580MXN.
Prices for parts that are not mentioned are determined by orangebikez.

Article 10: Dissolution Of The Contract

1. Orangebikez.mx is entitled to terminate the contract and seize the bicycle if:

a. The customer does not obey one or more of his obligations, unless the omission does not justify dissolution.

b. The customer dies, is put under guardianship, applies for moratorium, is declared bankrupt, or is in a legal debt management regime.

2. If orangebikez is entitled to seize the bicycle(s), customer must offer full cooperation.

3. If the customer dies prior to the hire period, the contract is automatically dissolved.

4. orangebikez is not liable for any damage caused by dissolution of the contract.

Article 11: Personal Data

Personal data of the customer will be processed by orangebikez according to the Mexican Data Protection Act. By processing these data orangebikez can carry out the contract, provide customer and/or rider with the best service and make personalized offers. The customer can request inspection or correction of his personal data and file objections. Objections by the customer regarding the processing of data for direct mailing will be honoured at all times.

Article 12: Applicable Law

The contract is governed by Mexican law. A legal translated version in Spanish is available upon request.

Orangebikez.mx

Nuevo Vallarta Plaza Business Center

Local #7 Blvd Nayarit 2, Náutico Turístico, Nuevo Vallarta Nay., Mexico, +52 3222 413 804

Article 13: Currency

All mentioned amounts are in MXN, Mexican Pesos, unless stated otherwise.

Article 14: Terms & Conditions

Renter/customer declares by signing the rental-contract, to agree with all terms & conditions.

All website content © 2019 Orangebikez.mx