Terms

JSPROPERTIES.MALLORCAHOLIDAYEXTRAS.COM TERMS AND CONDITIONS

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site. RELIANCE ON INFORMATION POSTED and DISCLAIMER
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

INFORMATION ABOUT US
jsproperties.mallorcaholidayextras.com is a website operated by Multi-Hire

ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKS FROM OUR SITE Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Thank you for visiting our site.

The parties to these terms and conditions are Samantha Burfoot trading as Multi-Hire.com & Pro Am Cycle Hire, now referred to as “us, we, our”, and “you” the hirer of our Equipment, Equipment being any items of ours you have hired from us. The “Contract” means the binding agreement for the hire of Equipment between us which is created on the signing of the hire agreement or ticking the agreement box on the website.
FIRST – Equipment, Bicycles and accessories related to this hire agreement are owned by us. In any case, and, in spite of property rights to the hired items are not acquired.

SECOND – You state that the users of the of this agreement / equipment are in a good state of health and assumes all liability for using the equipment / bicycles.

THIRD – The bicycle rental does not include a guide (unless contracted separately). We agree to make available to you any information available about the local area, and possible routes and /or trips suitable for hired bicycles.

FOURTH – The bicycles / equipment (scooters etc) are rented with an approved helmet for each user and a security lock for each bike. By signing the contract, you are responsible to return the bikes / equipment in the same perfect condition / state you / they received them in, including accessories and padlock keys. We are entitled to claim from you the following amounts: In case of damage, the cost or replacement parts and/or any reasonable cost for time incurred for repairing the Equipment / bicycle. In case of the loss of the Equipment / bicycle, the full replacement cost. In case of loss of padlock key, 6€, loss of padlock 13€, loss of helmet 25€.

FIFTH – You are custodian of the rented equipment / bicycle/s and accessories assuming all civil and criminal liabilities that this condition implies until all items have been returned.

SIXTH – We disclaim any liability in case of accidents during the use of the Equipment / bicycles, being in any case covered by the liability insurance of the company and by The Users Insurance by law 56/2003. Likewise, we reserve the right to claim against you in case of misuse or poor road usage.

SEVENTH – If a route or excursion is not possible to complete due to a malfunction of the bicycle and/or because no substitute is available, you cannot claim for any damages or losses that might have been caused to you.

EIGHT – The bicycle / equipment user undertakes to:
Make good use of the bicycle / equipment and the material provided by the owner.
Reimburse the owner for any damage caused to or by the bicycle / equipment and for the damage caused to third parties.
Respect traffic rules and comply with regulations relating to it.
Do not cycle in pedestrian areas.
Do not cycle the wrong way on a one-way street.
In case of failure or deficiencies with rented equipment and / or user accident, telephone +34 971 864080
(+34 609 66 77 20, out of hours, emergencies only).
We reserve the right to remove hire equipment if we believe it has not been secured properly.

NINTH - We require a 20% deposit to secure a booking.
If a booking is cancelled by you for any reason, we will refund:
The full amount, less a 20€ admin fee, if notified 29 days or more prior to the start date of your hire
50%, less a 20€ admin fee, if notified between 28 and 15 days prior to the start date of your hire
25%, less a 20€ admin fee, if notified between 14 and 8 days prior to the start date of your hire
No refund will be made for booking cancelled between 7 days prior to, and the start date of your hire
If you are cancelling due to a serious illness or death we will on production of a medical / death certificate refund the full amount, less a 20 euros admin fee.
All cancellations are subject to a 20€ admin fee

TENTH - All Equipment must be returned, to a location and at a time agreed between us and you, at the end of the hire period. If you return hire items late you will be charged at the published daily rate for each day or part thereof, when the equipment is returned.

ELEVENTH - Sight of a valid credit card may be required at the commencement of the Hire Period, this may extend to a deposit to the value of the Equipment by credit or debit card payment or other surety as deemed sufficient by us depending on our assessment of the risk and the value of the Equipment. This deposit will be returned at the end of the Hire Period provided that any Equipment is returned in an undamaged condition. In all cases normal wear and tear is defined by the products’ manufacturer or supplier is accepted and allowed and is included in any hire price In all cases, any deposits can be used as a deposit against the costs or charges mentioned herein.

TWELFTH - PERSONAL SAFETY It is your responsibility for your own safety. Cycling etc involves personal risk and you must ride responsibly. Injury(s) and/or death associated with the sport of cycling etc may result from weather, excessive speed, collision with inanimate objects or other persons, rider /user inexperience, poor health, error or abuse of equipment. First time or novice bikers / users should use the Equipment under the supervision of an experienced rider / user. You must not cycle or use hired equipment under the influence of alcohol, strong medication, other drugs or fatigue. The wearing of helmets whilst riding a bike is obligatory in Spain, if you decline to wear a helmet this is your responsibility and any fines / injuries etc are down to you the hirer.

5. LIMITATION OF LIABILITY
5.1 You accept at all times that cycling / hire equipment has inherent risks and that all equipment may fail. It is your responsibility to ensure all equipment is roadworthy and of sound condition before commencement of the Hire Period.
5.2 We shall not be liable to you where any alleged loss or damage results from:
5.2.1 any action or omission by you or those of any member of your group;
5.2.2 the action or omission of a third party not connected with the provision of the hire; or
5.2.3 an event or circumstances which we could not have predicted or avoided even after taking all reasonable care; or
5.2.4 any loss or damage is considered to be indirect or consequential loss.
5.3 Except in respect of death and personal injury, in respect of which no limit of liability shall apply, our total liability to you under these terms and conditions shall be limited to the total cost of your Booking.
5.4 We shall have no liability to you if we are unable to fulfil a Booking due to an event beyond our control. In the event of us being unable to fulfil your booking our total liability to you shall not exceed the Hire Fee.

6. GENERAL 6.1 The Contract constitutes the entire agreement between the parties, and supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
6.2 We shall at all times comply with the Data Protection Act 2018 and all applicable legislation.
6.3 Any notice required or permitted to be given by either party to the other under this Contract shall be in writing at the address as notified to the other party.
6.4 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Contract by the other party shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.5 If any provision of this Contract is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
6.6 Except as otherwise expressly provided herein, nothing in this Contract confers or purports to confer on any third party any benefit or any right to enforce any of these terms or conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
6.7 The Contract shall be governed by Spanish law, and both parties hereby agree to submit to the exclusive jurisdiction of the Spanish Courts.