Policies – EQUIPMENT – RIDER – SAFETY – OPERATION

THIS PAGE IS NOT EXCLUSIVE OF OUR POLICIES.  PLEASE SEE GENERAL TRAVEL CONDITIONS AND TERMS, PRIVACY POLICY, AND WEBSITE TERMS AND CONDITIONS.

THE FOLLOWING POLICIES IS FOR EQUIPMENT, RIDER, SAFETY AND OPERATION OF EQUIPMENT

Adventure Tours policies are similar only with Fatbike Rentals Tours Spain policies. Depending on which TOUR EQUIPMENT you rent, you may be subject to signing one ore more agreements. When a tour is oursourced, for example go-carting, flyboard, you may be required to sign additional paperwork for the tour.

Enduro Tour (Funduro Tours) policies differ and can be found at this link and the other pages supporting our Funduro Tours website.

 

Please note:  Contract Policies noted on this page here may be outdated, when you book your tour, a valid contract will be presented for approval.


RENTER NAME: _______________________________

 

CONTRACT/BOOKING # _________________

 

ACT ADVENTURE TOURS SPAIN RENTAL AGREEMENT updated 10.01.2018 rev. 6.2

The customer hereby rents/rides in/on “TOUR TOUR EQUIPMENT” (VEHICLES, MOTORCYCLES, JEEPS, ATV’S, BOATS, GO-CARTS, PARAMOTOR, HORSE,CAMEL, BOATS, JET SKI’S, KAYAKS, FLY BOARD, OTHER TOUR EQUIPMENT/RIDES from ADVENTURE TOURS SPAIN (ATS), and is subject to all the following terms & conditions:

GUARANTEE DEPOSIT Credit card required for loss/damage deposit. The customer accepts charges for any missing or broken items at replacement value prices. ATS will accept a cash deposit when the credit card limit is declined. If the missing or broken items exceed the deposit amount, customer must settle the balance. Deposits are fully refundable if TOUR EQUIPMENT is returned in the same conditions as delivered.

RENTAL TOUR EQUIPMENTis for the sole use of the renter on this contract. Rider asserts & certifies that he/she is experienced (or has been shown) the familiar with the safe & competent operation of a TOUR EQUIPMENT, & further, that he/she is physically & mentally fit to ride the TOUR EQUIPMENT. The TOUR EQUIPMENT must be returned at the end of the hiring period in the same condition received. The client must take all the necessary precautions to prevent theft or damage to the rented TOUR EQUIPMENT. The client shall be solely liable in the event that the TOUR EQUIPMENT is stolen or damaged. ATS will charge the customer the full market price of the damaged, lost or stolen property. Client is at all times responsible for properly locking TOUR EQUIPMENT when the TOUR EQUIPMENT is unattended. Do not leave TOUR EQUIPMENT unlocked & unattended at any time. “Properly locking the TOUR EQUIPMENT includes”: passing the lock through the frame & attaching the TOUR EQUIPMENT(s) to something fixed to the ground. We strongly recommended that, whenever possible, you store indoors any TOUR EQUIPMENT/TOUR EQUIPMENT(s) rented overnight. ATS is entitled to claim from the customer for the repair or replacement cost of any theft, lose or damaged item or accessory, beyond normal wear & tear. In the event that the aforementioned theft or damage occurs, the costumer hereby authorizes the agreed amount to be charged to the customer’s credit card or in cash.

LIABILITY ATS accepts no liability whatsoever for injuries occasioned to the client or caused to third parties as a result of use of the TOUR EQUIPMENT, irrespective of whether said injuries are caused by chance, malicious damage, physical, mental, impairment, imprudence or negligence. The client hereby accepts full responsibility for everything concerning the TOUR EQUIPMENT. ATS is not liable for any claims concerning health; body injury or harm; accidents; damage caused to third-person property or loss of personal belongings caused by weather, sickness, or any other causes. Client is responsible for adequate medical insurance coverage for risks that may occur during the rental period. EU law mandates rider has valid EHIC Card & proof of valid medical insurance. We also recommend supplemental extreme sports insurance coverage. Rider is fully aware that riding a TOUR EQUIPMENT on streets, tour routes poses a risk of accident due to motorists, pedestrians, & road/water/weather conditions, & rider must keep a proper lookout to avoid such accidents.  Failure to use a helmet & protective gear or to use the TOUR EQUIPMENT in a careful & reasonably competent manner may result in bodily injury or death. Rider is solely responsible for operating & riding a TOUR EQUIPMENT in a careful & reasonably competent manner. A helmet & protective gear, even when used, does not eliminate the risk of bodily injury in the event of an accident. Riders cannot be under influence of alcohol, drugs, or any other substance that impair Rider’s ability to safely operate the TOUR EQUIPMENT & endanger the safety of others. ATS is not obligated to provide insurance of any kind related to Rider or Rider’s use of the TOUR EQUIPMENT. Rider shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, &/or expenses of any kind whatsoever. When you fall down on the TOUR EQUIPMENT during a tour, the renter is responsible for damages to the TOUR EQUIPMENT, & injuries.  If you do not feel comfortable or confident to continue the tour, please notify your tour guide for help, take your TOUR EQUIPMENT back to forward to the next spot you feel comfortable and need rescue service – note taxi / pickup service is additional fee due at time of pickup / drop-off.

RETURNS No refund will be made for early return of the TOUR EQUIPMENT.  Late returns will be charged the corresponding rental rate for the next rental period/tour. TOUR EQUIPMENT can only be returned at the same place you picked the TOUR EQUIPMENT up at. Rented TOUR EQUIPMENT cannot be left with hotel staff, friends or someone other than with the place you rented from. Failure to comply will leave the customer liable for any damages, loss or theft of rented TOUR EQUIPMENT.

TICKETS / FINES The customer & his/her group must respect Spanish traffic regulations. Any ticket or fine due to incorrect use of the TOUR EQUIPMENT will be completely assumed by the customer. Rider responsibility for Tickets, Fees & Fines: Rider agrees that he/she is solely responsible & will not hold ATS, &/or any of its or their employees, &/or affiliates liable for any moving violation, fines, &/or illegal activities incurred by Rider while using, riding &/or operating the TOUR EQUIPMENT. Rider agrees to pay on demand all fines, & court costs, including administrative fees for parking, bus lane, traffic or other legal &/or moving violations assessed against the TOUR EQUIPMENT, the Rider or ATS during the rental or use of the TOUR EQUIPMENT by Rider. Rider agrees to pay ATS for any costs, expenses &/or attorney’s fees for processing, pursuing &/or defending any such claims.

RIDER REQUIREMENTS Renter has carefully inspected the TOUR EQUIPMENT that Rider wishes to rent prior to use to ensure the TOUR EQUIPMENT is good operating condition & the TOUR EQUIPMENT’s operating components before proceeding with the intended use, including, but not limited to the brakes, tires, gears, pedals, lights, frame, seat, chain, components, connections & saddle etc. Rider expressly agrees that he/she shall discontinue use of the TOUR EQUIPMENT immediately & return it to a Program Station if it, or any component of it, should become defective or malfunction while riding the TOUR EQUIPMENT & during any use or operation of the TOUR EQUIPMENT & contact ATS. Adjust saddle to proper height prior to operating the TOUR EQUIPMENT. Contact ATS & local Police immediately in the event of theft of the TOUR EQUIPMENT or an accident that occurred during Rider’s use of the TOUR EQUIPMENT resulting in bodily injury. Rider agrees to be seated at all times while pedaling. Rider is solely responsible for any injury or damages resulting from improper or unsafe operation of the TOUR EQUIPMENT. If rider has any existing physical or mental condition that would prohibit Rider from safely operating the TOUR EQUIPMENT, he/she is prohibited from riding the TOUR EQUIPMENT. Rider assumes all risks & liabilities resulting from any & all use or attempted use of a TOUR EQUIPMENT while impaired. ATS is not responsible for any lost, stolen, destroyed or damaged TOUR EQUIPMENT regardless of whether locks are utilized &/or properly functioning. Rider accepts full responsibility for any & all damages, damages, consequences, causes of action, losses, injuries, court & litigation costs, attorney’s fees, penalties, fines, legal actions of any kind, judgments, expenditures of any type or nature whatsoever related to such misrepresentations, whether intentional or unintentional. The TOUR EQUIPMENT is hired for personal use & leisure purposes

RESTRICTED USES:  
• Use any TOUR EQUIPMENT if Rider has any existing physical or mental condition that would prohibit Rider from safely operating the TOUR EQUIPMENT. • Operate a TOUR EQUIPMENT while carrying any item that impedes Rider’s ability to safely operate the TOUR EQUIPMENT. • Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts Rider from the safe operation of the TOUR EQUIPMENT. • Shall not pedal the TOUR EQUIPMENT while in a standing position which may create a dangerous condition & increase Rider’s chance of an injury. • Allow any other person to use the TOUR EQUIPMENT or allow more than the allowable about of persons to be carried on the TOUR EQUIPMENT. • Attaching anything to the TOUR EQUIPMENT or place objects • Operate or use a TOUR EQUIPMENT in any manner during adverse weather conditions: Rider agrees that he/she will not ride, operate or use a TOUR EQUIPMENT in any manner during adverse weather conditions, including but not limited to: tornados, hurricanes, fog, heavy rains, strong winds, or lightning storms, dust storms. • RIDER EXPRESSLY ACKNOWLEDGES & ACCEPTS THAT RIDER’S RENTAL & USE OF THE TOUR EQUIPMENT IS AT HIS/HER OWN RISK. •  Use the TOUR EQUIPMENT for any commercial purposes. • Tow, pull, carry or push any person or object with a TOUR EQUIPMENT. • Remove or modify any accessories, parts or components of any TOUR EQUIPMENT.
CREDIT CARD OR DEBIT CARD. Rider must provide ATS a valid credit or debit card number & expiration date before being registered to use a TOUR EQUIPMENT. Rider represents & warrants to ATS that Rider is authorized to use the credit or debit card information provided. Rider authorizes ATS to charge the credit or debit card for which information is provided for all fees incurred by Rider under this Agreement, & all fees are subject to applicable sales taxes & other local government charges, which may be charged & collected by ATS. In the event Rider’s payment method on file with ATS is declined for any reason, ATS may suspend Rider’s rental plan & ability to use any TOUR EQUIPMENT until all of Rider’s prior charges are paid in full or take legal action to collect the fees.

REPRESENTATIONS & WARRANTIES. As a condition precedent to ATS’s agreement to allow Rider to participate in the TOUR EQUIPMENT Rental Program & to rent a TOUR EQUIPMENT, Rider represents & warrants to ATS that:  Rider is familiar with all applicable local, state, & county rules, regulations, codes & laws that relate to the safe & legal operation of a TOUR EQUIPMENT. RENTER AGREES TO ALL OTHER POLICIES EXPLAINED BY RENTAL OFFICE & ATS WEBSITE, INCLUDING REQUIREMENTS, RESTRICTED USES, RELEASE OF LIMITATION OF LIABILITY, RISK & IMDEMIFICATION, & GENERAL TRAVEL CONDITIONS. RENTER CONSENTS TO MEDICAL ATTENTION WHEN NEEDED.

BY SIGNING BELOW RENTER  AGREES TO ALL RENTAL POLICIES ON THIS CONTRACT & WEBSITE.

 

RENTER’S FIRST NAME:_______________________________ LAST NAME: ____________________________________

ID  (NIE, PASSPORT, DRIVERS LICENSE): _____________________________________  DATE OF BIRTH: ___________________

ADDRESS: _________________________________________________________________________________________

STREET                                                                                         ZIP      CITY                    STATE               COUNTRY

Mobile No. __________________________   Email: ____________________________________

x______________________________________________                     __________________                   _____________

SIGNATURE OF RENTER / PARENT / GUARDIAN                                               DATE                                        IN THE CITY OF

PARENT OR GAURDIAN’s PRINTED NAME:  _________________________________________________________

_________  HAS VALID MEDICAL INSURANCE   MEDICAL EMERGENCY CONTACT ______________________  ________________________

RENTERS INITIALS                                                                                                                             NAME                               TEL NO.

TOUR EQUIPMENT IDDATE OUT OUT TIMERETURN DATERETURN TIME# EXTRA DAYS# EXTRAHOURS

 

TOUR EQUIPMENT CHECKOUT & RETURN FORM

____ NOT APPLICABLE   A-SCRATCHED  B-DENTED  C-BENT  D-BROKE

NOTES DAMAGES TO EQUIPMENT AT TIME OF DELIVERY:

 

 

 

 

 

RENTAL C NO: _________________

BIKE ID: _________________

RENTER NAME: ______________________

DEPOSIT AMT: __________________ EQUIPMENT MARKET VALUE:___________ RENTAL AMT: ______________

CREDIT CARD TYPE: _________   CC #____________________________________

EXP DATE: ______  SIC CODE ______

 

RETURN

 

___________    _____________

RETURN DATE    TIME

 

Damages  Yes  / No

 

Describe:

 

 

 

 

 

 

Extra Charges:

 

______________      __________ €

______________      __________ €

______________      __________ €

______________      __________ €

 

 

TOTAL:    ________________

 

 

x

RETURN Signature of Renter

 

 

CHECKOUT :

By signing below, the recipient acknowledges the receipt of a bicycle “as is” from Fatbikes Rental Spain.  No Warranty.  Neither FBRS provides any warranties, guarantees express or implied. There is no warranty of merchantability or fitness for a particular purpose, and the Bike and FBRS equipment is accepted “As Is” concerning the safety or conditions of the bicycle, and acknowledges that reasonable efforts were taken to ensure working order and safety. Renter has inspected/adjusted bicycle for safety. The client acknowledges that he/she has received the bicycle and the accessories (key and padlock, helmet, etc.) in perfect working order unless noted on side of form.  Any damages to the bicycle that is not noted will be deducted from the deposit, or credit card – and settled at the return of the bike.  Recipient acknowledges they know how to operate the bike, the helmet and the lights at night.  The client signing the rental contract must be at least 18 years old. Under-aged clients must be accompanied by an adult.

Items given with Rental:

 

_____ HELMET   _____ LOCK &KEY  _____  REPAIR KIT                     _____ BATTERY & CHARGER & KEY  _____ LIGHTS F/R

_____  OTHER: ______________

 

By Signing below the renter certifies that they have the capacity to sign the document (people under 18, must have a parent sign.

 

x______________________________  _____________ __________________

SIGNATURE OF RENTER / PARENT    DATE            IN THE CITY OF

/ GUARDIAN

 

PARENT OR GAURDIAN’s PRINTED NAME:

 

 

 

 

 

 

 

 


 

 

DELIVERY AND PICK UP SERVICE

Delivery and pick up service can be requested previous reservation and has an extra cost.


ADDITIONAL CONTRACT  POLICIES

 


STOLEN BIKE FEE. If Rider leaves a Bike unlocked or unattended and it is stolen, FBRS may charge Rider a replacement cost equal to the Market Value of the bike. Some Fatbikes/E-Fatbikes Market value are 2500 Euros +

RELEASE AND LIMITATION OF LIABILITY

FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE BIKE, RIDER, FOR HIMSELF OR HERSELF AND ON BEHALF OF RIDER’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES (i) FBRS AND FBRS’S OFFICERS, BOARDS AND COMMISSIONS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, (ii) ANY MUNICIPALITY WITH WHICH FBRS HAS CONTRACTED WITH TO PROVIDE A BIKE RENTAL PROGRAM, AND (iii) ANY OWNER OF PROPERTY WITH WHICH CITY OR CYCLEHOP HAS CONTRACTED WITH TO PROVIDE REAL PROPERTY ON WHICH A BIKE RENTAL  FACILITY, INCLUDING, WITHOUT LIMITATION, STATIONS, HUBS, RACKS, INTENDED FOR BIKE RENTAL USE (ALL, COLLECTIVELY, THE “FBRS PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION AND DAMAGES INCLUDING FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO RIDER OR TO THIRD PARTIES (COLLECTIVELY, “CLAIMS”), INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, WHICH ARISE FROM OR ARE RELATED DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE FBRS EQUIPMENT, INCLUDING THE BIKES, OR THE FBRS WEBSITE, INCLUDING ANY AND ALL CLAIMS RELATED TO THE SOLE OR PARTIAL NEGLIGENCE OF FBRS, THE FBRS PARTIES OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE FBRS PARTIES WHICH RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RENTING A BIKE, AND EXPRESSLY WAIVES RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER’S UNKNOWN CLAIMS.

IF FBRS OR THE FBRS PARTIES ARE DEEMED TO HAVE ANY LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF RIDER’S USE OF THE FBRS EQUIPMENT, INCLUDING THE BIKES, OR THE FBRS WEBSITE, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL PAID TO FBRS BY RIDER.

 

ASSUMPTIONS OF RISKS; DISCLAIMER.
RIDER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT RIDER’S RENTAL AND USE OF THE BIKE IS AT HIS/HER OWN RISK. RIDER ACCEPTS THE BIKE FOR USE AFTER EXERCISING HIS/HER OWN FREE CHOICE TO PARTICIPATE VOLUNTARILY IN THIS ACTIVITY AND AFTER HAVING INSPECTED THE BIKE AND CERTIFYING THAT IS IN GOOD OPERATING CONDITION. RIDER UNDERSTANDS THAT BICYCLING MAY BE A HAZARDOUS ACTIVITY. RIDER ACKNOWLEDGES, UNDERSTANDS AND ASSUMES ALL RISK RELATING TO THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE FBRS EQUIPMENT, INCLUDING THE BIKES, AND THE FBRS WEBSITE AND UNDERSTANDS THAT BICYCLING INVOLVES RISK TO THE RIDER AND OTHERS INCLUDING DAMAGES, BODILY INJURY, PARTIAL OR TOTAL DISABILITY, PARALYSIS AND DEATH TO RIDER OR OTHERS, AND THAT RIDER HAS FULL KNOWLEDGE OF SAID RISKS AND DANGERS, INCLUDING SUCH RISKS, DAMAGES AND INJURIES THAT MAY ARISE FROM THE NEGLIGENCE OF OTHERS OR AS A RESULT OF ROADWAY CONDITIONS. ALL BIKES AND OTHER FBRS EQUIPMENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. FBRS AND THE FBRS PARTIES HEREBY DISCLAIM ANY CLAIM IN TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY).
IN NO EVENT WILL RIDER CLAIM THAT FBRS PARTIES INDIVIDUALLY OR COLLECTIVELY FAILED TO ADEQUATELY TRAIN RIDER, OR PROVIDE RIDER WITH ADEQUATE INSTRUCTIONS NECESSARY TO RIDE THE BIKE IN THE SAME MANNER AS A PERSON WHO IS AN EXPERIENCED BIKE RIDER WHO HAS BEEN TRAINED TO RIDE A BIKE IN A SAFE AND CAREFUL MANNER.

INDEMNIFICATION
Rider shall indemnify, defend and hold harmless FBRS and the FBRS Parties for, from and against any and all Claims related to or arising out of this Agreement, including, but not limited to Rider’s breach of any representations, warranties or covenants set forth in this Agreement, and the rental, maintenance, design, use or operation of the Bike, the Locks, the Stations and/or the FBRS website, even where caused in whole or in part by FBRS’s negligence, and/or the negligence of others, whether presently known or unknown. At FBRS’s option, Rider will assume control of the defense and settlement of any Claim subject to indemnification by Rider (provided that, in such event, FBRS may at any time elect to take over control of the defense and settlement of any such Claim). In no event may Rider settle any Claim without FBRS’s prior written consent.

 

NO WAIVER.
FBRS’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by FBRS shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.

 

TERMINATION OF AGREEMENT.
FBRS may terminate this Agreement at any time, without cause, legal process, or notice to the Rider and Rider’s use of the Bike Rental Program is “at the will” of FBRS. Rider waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. Rider shall not be entitled to a refund of any amount paid for unused rental periods if this Agreement is terminated for cause. Rider may terminate Rider’s rental plan at any time; provided, however, that no refund will be provided by FBRS for time already used by Rider.

 

SEVERABILITY.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect.

 

SURVIVAL.
All provisions of this Agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of this Agreement, and all amounts unpaid at the time of termination or expiration of this Agreement shall remain due and payable.

 

ENTIRE AGREEMENT.
This Agreement constitutes the final and entire Agreement between FBRS and Rider and prevails over any prior or contemporaneous, conflicting or additional, communications, unless otherwise agreed to by the Parties in writing. FBRS shall have the right to revise, change and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on FBRS Website and such changes shall apply to all future use of Bikes after the date of such changes. Riders shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement. Use and/or operation of the Bike by Rider following any modifications to this Agreement constitutes Rider’s acceptance of the terms and conditions as modified.


Copy of Contract:

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