Bicycle Operational Lease Contract

Operational Bicycle Hire Contract

Operational Bike Hire Contract Between: Alfanove unipessoal lda, with registered office at rua Fonte do Serralheiro 21 – 6, in the parish and municipality of Vila do Conde, with tax payer 509777155, share capital of 5,000.00 euros registered at the Porto commercial registry office no. 509777155, hereinafter referred to as “Turisbike” which is its registered trade mark. And the bidder, who is the holder of a numbered order placed in the online shop www.rent.turisbike.com containing the following data: full name, home address, confirmed mobile phone number, national identity card number and taxpayer number, as well as documents proving the address and IBAN of the Holder and the purchase of the Operational Bicycle Hire (AOB) service, with the specific conditions and term, hereinafter referred to as the Holder. This contract regulates the use of a non-motorised vehicle such as a bicycle, which is made available in this rental service contract hereinafter referred to only as the Vehicle.

1. Identification of the Holder: 1.1 The Contract Holder is officially identified in the corresponding numbered order, which becomes an integral part of this contract. 1.2 The order contains the following data on the Holder: 1.2.1. – Full Name 1.2.2 – Home address 1.2.3 – Confirmed mobile phone number 1.2.4. – Citizen Card and Taxpayer Number 1.2.5. – Documents proving Address 1.2.6. – Holder’s IBAN 1.3 All details provided in the order are considered binding information and essential for the execution of this contract.
2. Vehicle Availability and Identification: 2.1 Acceptance of the provision of this service is subject to the availability by Turisbike of a vehicle to be assigned to the Operational Bicycle Hire (AOB). 2.2. The vehicle to be made available to the Card Holder is identified by a unique asset number, duly referenced in the order associated with this contract.
3. Termination of Contract: 3.1. The Owner reserves the right to terminate this contract immediately if the vehicle provided is not in accordance with what has been agreed. In this case, the contract will be cancelled by mutual agreement, without prejudice or compensation to either party, and any sums already paid will be refunded.
4. Payment Information on the Purchase Order: 4.1 The order form associated with this contract details the amount of the first payment. 4.2 This first payment includes: 4.2.1. – A security deposit. 4.2.2 – The amount corresponding to the monthly operational rental fee. 4.3. The total amount reflects the type of vehicle chosen, as well as the term established in number of months or subsequent rentals. 4.4 All the amounts indicated on the order form are expressed inclusive of VAT, offering transparency and clarity about the financial obligations associated with the service.
5. Payment methods: 5.1. The Card Holder has the flexibility to choose between two payment options, according to their preference within the scope of the Operational Bicycle Hire (AOB) service. 5.2 The payment options are as follows: Operational Bicycle Hire Contract Page 2/4 5.2.1 – Online Payment: The Card Holder can make the monthly payment online, providing convenience and accessibility. 5.2.2 – Payment at the shop: Alternatively, the Card Holder has the option of making the monthly payment directly at the shop. 5.3 In both modalities, payments must be made on the days prior to the due date, ensuring timely fulfilment of contractual obligations.
6. Procedures in the event of a claim: 6.1 In the event of an accident for which the Holder is at fault, the amount corresponding to the damage will be deducted from the amount handed over as security. If this amount is not sufficient, the Holder is responsible for paying the remainder up to the total damage caused to the vehicle. 6.2 In the event of a total loss, the value of the vehicle after depreciation will be calculated on the basis of the Retail Price (PVP) of the same or similar vehicle, less 30 per cent, including VAT. 6.3 Total loss includes situations of theft or robbery of the vehicle, which must be immediately reported to the competent authorities. 6.4 Turisbike must be reimbursed immediately or after the event, without waiting for periods of research or searching for the vehicle. 6.5 If the vehicle is recovered by the competent authorities, it must be returned to Turisbike. Turisbike, after meeting repair and other associated costs, will refund the remaining amount of the sum paid by the Card Holder.
7. Liability and Insurance: 7.1. The Holder undertakes to be the sole and exclusive driver of the vehicle within the scope of the Operational Bicycle Hire (AOB) service in this contract. 7.2 This type of vehicle does not require any Civil Liability or Personal Accident insurance and is not covered by any type of insurance. However, the Card Holder has the option of taking out personal accident insurance, including third party, for greater protection in the event of an accident.
8. Vehicle Care and Maintenance: 8.1. The Holder undertakes to keep the vehicle properly closed and locked when not in use, ensuring its safety. 8.2 It is strictly forbidden for the Owner to change parts, components and/or accessories of the vehicle, and it is mandatory to keep the vehicle in the original condition supplied by Turisbike.
9. Additional Restrictions and Responsibilities: 9.1 The subletting of the rented vehicle or within the scope of the Operational Bicycle Hire system is expressly prohibited. 9.2 Turisbike reserves the right to reduce the hire period and demand the immediate return of the vehicle in the event of a breach of any provision of this contract. This action is taken without prejudice to the compensation to which Turisbike is entitled under legal or contractual terms. 9.3 The Owner undertakes to return the vehicle in the condition in which it was delivered, with all equipment in full working order. Wear and tear considered normal for use is acceptable. However, the Owner is responsible for paying all costs and repairs resulting from the fitting of unauthorised material to the vehicle.
10. Liabilities and Additional Costs: 10.1 All expenses incurred during the rental period include, but are not limited to, wear and tear material such as tyres, chain and/or transmission, the wear and tear of which varies according to the kilometres travelled per month. 10.2 Tyre changes must be carried out exclusively by Turisbike or authorised workshops. This replacement makes it possible to assess the kilometres travelled in each period and the calculated wear and tear of the material. 10.3 The Card Holder is responsible for all fines, penalties and offences relating to the use and driving of the vehicle, including legal costs, driver identification charges and processing of cases in accordance with the regulations in force. 10.4 In order to drive at night, the vehicle must be equipped with the respective front (white colour) and rear (red colour) position lights. Operational Bicycle Hire Contract Page 3/4 10.5 All costs arising from repairs and damage to the vehicle caused by the Hirer through dangerous or negligent driving, or in breach of the Highway Code, are the responsibility of the Hirer. 10.6 In the event of a crash, collision, acts of vandalism and/or theft of the vehicle, the repair costs shall be borne by the Card Holder, unless they are recoverable through third party liability. 10.7 The amount due for the service of returning vehicles outside the Turisbike shop, if the Holder delivers the vehicle to a location other than that provided for, is governed by the price list in force. 10.8 All legal and out-of-court costs, fines and other financial penalties resulting from violations attributable to the Customer or the vehicle while in their possession are the responsibility of the Holder, unless they are the fault of Turisbike. 10.9 All additional costs, including legal fees, lawyers’ fees, solicitors’ fees or other costs incurred by Turisbike in recovering or taking possession of the vehicle rented to the Renter, shall be borne by the Renter.
11. Term of Contract and Procedures in the Event of Accident, Theft or Robbery: 11.1. It is not permitted to extend the operational rental period. At the end of the contract, the Owner must return the vehicle to the original store. Otherwise, the vehicle will be considered to be being used against Turisbike’s legitimate will, resulting in accusations of breach of trust. 11.2. If the Holder wishes to bring forward the term of the contract, he or she remains obliged to make full payment of the agreed price. The monthly fee is lower the longer the contract. 11.3. Under the terms of the law, the Holder authorizes Turisbike to withdraw the use of the vehicle at the end of the contract or in the event of termination due to non-compliance, without prejudice to the civil and criminal liability to which the Holder may be subject. 11.4. It is mandatory to take the vehicle for preventive maintenance every two months, starting in the contract month and subsequent to each maintenance period, occurring during the allocated month from the 1st to the 30th. 11.5. If it is found that the vehicle is not being used under normal conditions and regular maintenance, compromising its durability, Turisbike may terminate the contract without prejudice to compensation, using the value of the deposit to replace any damage incurred. 11.6. Parts exchanges or maintenance outside the authorized workshop network are not permitted. 11.7. In the event of an accident, the Holder undertakes to: 11.8. Report to Turisbike within a maximum period of 8 hours after the accident occurs. 11.9. Report to the police authorities any accident involving bodily harm or in which the other party’s culpability must be clarified. 11.9.1. Do not leave the vehicle without taking appropriate protective measures. 11.9.2. In the event of theft or theft of the rented vehicle, the Owner undertakes to: 11.9.3. Report to Turisbike within a maximum period of 8 hours the occurrence of the theft or theft. 11.9.4. Report the theft or theft of the vehicle to the police authorities. 11.9.5. All repairs or interventions on the vehicle must be carried out with the prior written agreement of Turisbike.
12. Services Associated with Operational Bicycle Rental (AOB): 12.1. Within the scope of the AOB service, this contract covers not only the vehicle, but also associated services, with a fixed cost in each order form. These services include: 12.2. Preventive Maintenance (Mandatory and Included in the Contract): Preventive maintenance is mandatory and covered by the contract. 12.3. Washing and Lubricating: Service with a fixed cost, recommended monthly to preserve the equipment. 12.4. Tire Change: Carried out according to the wear and tear of kilometers driven. 12.5. 6 and 12 Month Contracts: In 6 and 12 month contracts, wear material is not included, and the Holder is responsible for paying for maintenance and replacements based on the maintenance contract adjacent to the AOB service. 12.6. Replacement Vehicle: 12.6.1. Option available in case of breakdown or preventive maintenance. 12.6.2. Mandatory preventive maintenance does not grant the right to a replacement vehicle. 12.6.3. In case of longer maintenance involving changes in wear material, it is possible to request a replacement vehicle at a fixed cost for the waiting days. Bicycle Operational Rental Agreement Page 4/4 12.7. Fault Originated by the Holder: 12.7.1. The Holder must present the vehicle to Turisbike or an authorized workshop for repair in the event of a breakdown caused by it. 12.7.2. In this case, there is no right to rent another vehicle at a fixed cost, but it is possible to rent a vehicle under preferential conditions and at a discount. 12.8. Chain or Transmission Replacement: 12.8.1. The Holder must replace this material if it is worn beyond what is considered normal, causing malfunction. 12.8.2. Failure to replace this material may lead to the termination of the contract, using the deposit amount to cover the cost of replacement, and the vehicle will be delivered to Turisbike’s facilities.
13. Maintenance Schedule: The Holder is obliged to schedule bi-monthly visits through the online platform, using the AOB maintenance service, which already has a cost inherent to this contract. In addition, you must schedule other maintenance whenever necessary to avoid irreversible damage to the material, under penalty of replacement instead of adjustment.
14. Processing of Personal Data: Turisbike will process the personal data of the Bidder and Holder for various purposes, including customer management, compliance with legal obligations and market research. The Proponent and Holder expressly and unequivocally authorize the collection and processing of the following categories of personal data: name, telephone/mobile number, gender, age, address, taxpayer number, identification number, driving license number, email and IBAN , proof of address, among others.
15. Contract end: Upon completion of the contract by delivering the vehicle to Turisbike’s facilities, evaluating the general condition and settling any outstanding debts, the deposit amount is refunded by bank transfer to the holder’s IBAN. A “Service Completed” email is sent, indicating any changes or adjustments to the deposit amount, with the Holder’s authorization to make these adjustments.
16. Failure to Return the Vehicle: Failure to return the vehicle to Turisbike’s facilities at the end of the contract, or upon request for resolution by Turisbike, will result in a complaint about abusive use of property to the competent authorities if there is no response to emails and SMS regarding the whereabouts of the Owner and the vehicle.
17. Omitted Cases 17.1 Situations Not Addressed 17.1.1 Linguistic Arrangement: This document is provided in the language selected on this page, for your convenience. This text consists of a translation of the original document, which was prepared in Portuguese. 17.1.2 By accepting this contract, you agree to observe the terms established in the contract in Portuguese, which is available here. We make no representations regarding the accuracy of the translation, and it is your responsibility to ensure that you have read and fully understood the contract in its original Portuguese version. 17.1.3 In cases of divergence between the translated version and the original contract in Portuguese, the latter will prevail. In situations not addressed in this contract, the parties involved will be subject to the legislation in force in the country.