TERMS & CONDITIONS OF RENTAL 

The signer (the “Signer”) of this Rental Agreement (the “Agreement”) is renting a bicycle and/or cycling equipment (collectively, the “Rental Equipment”) from SERGIO NIETO MORENO, NIF 43151841T, under the commercial names ICONICK RIDE / MOBIKE / MALLORCA CYCLING STATION / MCS SCOOTERS. The Signer understands and agrees with the following terms and conditions:

1. GENERAL TERMS
There are no refunds after accepting delivery on unused Rental Equipment.
The Signer may not loan, rent, or lease Equipment to any other person and agrees not to take the Rental Equipment out of the state where the rental store is located.
The Rental Equipment will only be accepted for return if no modifications have been made to it.
The Rental Equipment must be returned in the same condition as received, except for reasonable wear and tear on consumables.
Late fees of up to 100.00 € per day will be assessed for each item of Rental Equipment returned after the due date/time.
Additional fees may apply if SERGIO NIETO MORENO incurs extra time and expense in recovering lost or non-returned Rental Equipment.
The full retail price of any Rental Equipment not returned within 3 days after the scheduled end of the rental will be charged.
SERGIO NIETO MORENO reserves the right to report the Rental Equipment as stolen after 3 days.
Return of Rental Equipment is complete only when bike shop personnel have checked it back in.
2. DAMAGE, LOSS, AND SECURITY DEPOSIT
Participants must immediately inform an employee if Rental Equipment is damaged or not working properly and should not use it in such a case.
The Signer’s credit card may incur a charge as a security deposit at the time of pick-up.
The security deposit amount will vary based on the bicycle model and/or cycling equipment being rented.
The security deposit is refunded in full if the Rental Equipment is returned in the same condition as when originally provided.
Even though the refund may be processed immediately upon return, it may take several days to reflect in the account due to banking procedures.
The Signer agrees to reimburse SERGIO NIETO MORENO for lost, stolen, or destroyed Rental Equipment at regular retail prices.
Additional cleaning or repair fees may apply for excessively dirty or damaged Rental Equipment.
Any additional rental fees, late fees, cleaning, repair, or replacement charges will be deducted from the security deposit or charged to the same credit card.
If additional charges exceed the original security deposit, the Signer’s credit card will be charged again up to the retail value of the items.
The Signer agrees to fully indemnify SERGIO NIETO MORENO against any chargebacks related to late, lost, stolen, abused, or destroyed Rental Equipment and associated fees.
3. CANCELLATION POLICY
Cancellations made 48 hours or more before pick-up will receive a full refund of the deposit fee, minus a 10 € processing fee.
If the deposit fee is less than 10 €, no refund will be given.
Cancellations made less than 48 hours before pick-up are not eligible for a refund.
 
SAFETY RULES
SERGIO NIETO MORENO takes safety very seriously and requires customers to follow these rules:

Take a test ride to ensure the Rental Equipment is functioning properly before leaving the premises.
Listen carefully to and understand instructions on how to safely operate the Rental Equipment, including brakes, quick-release mechanisms, gears, suspension, foot retention devices, and motor (if applicable).
Ensure proper sizing of all Rental Equipment, including the bike and helmet.
Check tire pressure at the beginning of the rental period and periodically during use.
Stop using the Rental Equipment IMMEDIATELY if any failure or malfunction is noticed, and inform an employee at the rental store.
Wear a helmet at all times while riding the bicycle.
Follow all road laws and regulations at all times.
 
WARRANTY DISCLAIMER
To the maximum extent permitted by law, all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, are excluded and waived.

 
ARBITRATION AND DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this Agreement or the Rental Equipment shall be settled by the Spanish Court of Arbitration.
The arbitration shall take place in Madrid, Spain.
The result of the arbitration shall be binding.
 
PRIVACY POLICY DISCLOSURE
By signing this Agreement, you consent that your information may be shared with SERGIO NIETO MORENO’s affiliates and local retailers for marketing purposes.
You may opt out of marketing communications at any time.
SERGIO NIETO MORENO does not sell, trade, or rent personal data to third parties.
The full privacy policy and terms of use can be found on the company website.
 
WAIVER, RELEASE & INDEMNIFICATION OF NEGLIGENCE CLAIMS
All participants must sign an electronic version of the following document, which appears after successful payment collection.

1. Acknowledgment of Risks
The Signer understands that bicycling is a potentially hazardous activity that may result in serious injury, death, or property damage.
Risks include mechanical failures, collisions, road conditions, poor weather, overexertion, and negligence of others.
The Signer acknowledges the importance of wearing a helmet and assumes all risks.
2. Release of Liability
The Signer releases and holds harmless all Released Parties from any liability based on negligence that may arise from use of the Rental Equipment.
This Release prevents the Signer from suing the Released Parties for injuries, damages, or other losses.
The Release applies to spouses, heirs, executors, legal representatives, and assigns.
3. Equipment Responsibility
The Rental Equipment has been loaned in sound mechanical condition and must be returned as such.
The Signer agrees to pay for any damage caused to the equipment, excluding normal wear and tear.
The Signer has been instructed on how to use the equipment properly.
4. Voluntary Participation
The Signer acknowledges that using the Rental Equipment is voluntary and has the option to decline in light of the risks.
By signing, the Signer assumes all risks instead of pursuing legal claims against the Released Parties.
5. Governing Law
The laws of Spain shall govern this Release.
This Release shall be interpreted as broadly as permitted by Spanish law.
If any portion is deemed invalid, the remaining provisions shall remain in effect.
 
MINOR PARTICIPANT AGREEMENT
If the participant is a minor, the parent or legal guardian must read and sign the following:

I am the parent or legal guardian of the participant and agree that the minor may use the Rental Equipment.
On behalf of the minor, I irrevocably and unconditionally agree to all terms of this Release.
I, along with my heirs, estate, insurers, successors, and assigns, fully release and discharge the Released Parties from all claims related to personal injury, disability, death, or property damage to the fullest extent permitted by law.
SIGNATURES REQUIRED VIA ONLINE DOCUMENTS AFTER SUCCESSFUL PAYMENT COLLECTION.

Cancellation Policy for Rental Equipment:  
To make an online reservation for bicycles and other materials, you must pay 100% of the total 
price through our POS (Point of Sale Terminal). 
To cancel your booking, you must contact us by email to cancel your booking. 
If you inform us of the cancellation at least 40 days before the pick-up date, we will refund the full 
pre-payment you made at the time of booking. 
If the cancellation request is received between 15 and 40 days before the rental start date, 50% of 
the booking value will be charged. Therefore, 50% will be refunded. 
If the cancellation request is received less than 15 days before the rental start date, 100% of the 
total value of the booking will be charged. This means that we will charge your debit/credit card 
for the full amount due. 
If you do not collect the bikes on the day of hire, we will charge your debit/credit card for the full 
amount of the booking. 
Cancellations due to weather conditions are not accepted. 

If you are more than 24 hours late in collecting the bike(s), please inform us. Otherwise, we will 
cancel your booking the day after your start date, charging the appropriate fees. 
Rental Items may require a Security Deposit of up to the item value at time of pick-up 
EACH PARTICIPANT OR THEIR GUARDIAN MUST SIGN AN ELECTRONIC VERSION OF THE 
FOLLOWING DOCUMENT, WHICH APPEARS AFTER SUCCESSFUL PAYMENT COLLECTION 
SERGIO NIETO MORENO RENTAL AGREEMENT   

How and where to return the vehicle?

Be sure to return the vehicle at the time stipulated in the contract, during store hours and handing the key and the vehicle to the staff working in the store.

We have a courtesy margin of 15 minutes, if you do not return the vehicle before that time will be considered breach of contract, having a penalty cost.

In case the contract holder does not return the rented vehicle at the agreed return point at the time indicated in the rental contract, the contract holder will be responsible for the payment of the damages caused to the rented vehicle and all the expenses generated until its collection, which can reach the amount of the total franchise.

Can I return the rental vehicle outside office hours?

We understand that there are times when you may need to return the vehicle outside office hours, especially if you are flying from an airport, please consult with our staff regarding the 24h return service and we will inform you of the procedure to follow.

Is it necessary to make a PREAUTHORIZATION / SECURITY DEPOSIT in order to make a rental?

 It will always be mandatory to block the amount of the pre-authorization/security deposit corresponding to the group of the rented vehicle by card payment method. This amount will not be available for use until the block is released.

In reservations where payment is made by debit card, the pre-authorization/guarantee deposit will be charged, not blocked.

Depending on the bank issuing the card, the release of the amount of the pre-authorization may take time to appear on the bank card statement of the contract holder, if it does not appear in your account within 15 days, which is usually the most normal, we recommend calling your bank directly to request the amount.

As this transaction is a withholding of funds and the money does not leave your account, it is possible that once the withheld amount is unblocked, it may not be reflected in your account as a deposit or refund. However, once the pre-authorization/collateral deposit is cancelled, the amount withheld becomes available in your balance again.

To request more information about the pre-authorization/ guarantee deposit release timeframe, please review your card terms and conditions and contact your card issuer.

The rental company does not intervene in this process and has no possibility to accelerate it.

The rental company is not responsible for any fees charged by the contract holder's bank on the return of the pre-authorization/guarantee deposit.

If applicable, to collect any charges resulting from alterations caused to the vehicle during the rental (damage, documentation, missing accessories, level of cleanliness) and from the breach or violation of any of the obligations and/or terms and conditions set forth in this rental agreement.

In the event of non-compliance with our policies, an additional charge may apply. This amount will be determined after review by a qualified mechanic or surveyor. We will inform you in the days following the return about the amount to be charged, if applicable.

Cookies Policy

Cookies Policy
A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a website, among other things, to store and retrieve information about a user's or device’s browsing habits. Depending on the information they contain and how the device is used, cookies can be used to recognize the user.

Cookies are essential for the proper functioning of the internet, providing numerous advantages in delivering interactive services and facilitating navigation and usability on our website.

The information provided below will help you understand the different types of cookies:

Cookies Used on This Website
In accordance with Article 22.2 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), ICONICK RIDE informs users about the cookies used on our website:

Google Analytics
Google Analytics stores cookies to compile statistics on the traffic and volume of visits to this website. By using this website, you consent to the processing of information about you by Google. Therefore, to exercise any rights related to this, you must contact Google directly.

Google Analytics cookies are stored on servers located in the United States and are committed to not sharing data with third parties, except where necessary for system operation or when required by law. According to Google, it does not store your IP address.

Google Inc. adheres to the Privacy Shield framework, ensuring that all transferred data is handled with a level of protection in accordance with European regulations. You can find detailed information at the following link:
Google Analytics Privacy Policy

If you wish, you can use the Google Analytics Opt-Out Browser Add-on, which allows you to disable analytical cookies for all browsers by following the instructions provided at:
Google Analytics Opt-Out

Additionally, ICONICK RIDE informs users that they can configure their browsers to notify them of the reception of cookies and, if desired, prevent them from being installed on their hard drives. Below are links to configure cookies in different browsers:

- Firefox desde aquí: http://support.mozilla.org/es/kb/habilitar-ydeshabilitar-cookies-que-los-sitios-we
- Chrome desde aquí: http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647
- Explorer desde aquí: http://windows.microsoft.com/es-es/internetexplorer/delete-manage-cookies#ie=ie-10
- Safari desde aquí: https://support.apple.com/kb/ph17191?locale=es_ES
- Opera desde aquí: https://help.opera.com/en/latest/web-preferences/#cookies