Each company has different contracts and policies. Please see each website for corresponding policies.
For ACT Events Planner Tours / Rentals the following is our current policy
ACTEVENTSPLANNER.COM CONTRACT # _____________
ACT EVENTS PLANNER RENTALS/TOURS POLICIES AGREEMENT
The customer hereby rents EQUIPMENT/TOURS from ACT EVENTS PLANNER (ACTEP), subject to all the following terms and conditions:
RESERVATIONS ACTEP are booked through our booking system to ensure availability. You have a 25-minute grace period for equipment pickups. No-shows or clients who arrive 25 minutes past their rental time will lose their equipment(s) and will not receive a refund for the rental payment unless previously confirmed by ACTEP. In such cases, the client will be subject to, and informed of, applicable delivery charges. The client signing the rental contract must be at least 18 years old. Under-aged clients must be accompanied by an adult. Deposits are non-refundable.
PAYMENTS Full payment for your equipment rental is required to confirm your equipment rental reservation.
GUARANTEE DEPOSIT The customer will be asked his/her credit card details as a guarantee deposit for the rented equipment. The customer accepts charges for any missing or broken items at replacement value prices. ACTEP will accept a cash deposit when the credit card limit is declined and the deposit amount will be fixed when signing the rental contract. If the missing or broken items exceed the deposit amount, the customer must settle the balance. The deposit amount is specific to each equipment model and can be done either by credit card or cash. Deposits are fully refundable if rented equipment is returned in the same conditions as delivered.
CANCELLATIONS Cancellations are fully refundable up to 48 hours prior to your reservation. Cancellations submitted after this time or at the moment of delivery are non-refundable.
RENTAL EQUIPMENT The client acknowledges that he/she has received the EQUIPMENT) in perfect working order. Rental equipment is for the sole use of the designated client and the members of his/her party. The EQUIPMENT is hired for personal use and leisure purposes. It must be used within the city’s boundaries unless requested. Rider asserts, represents and certifies that he/she is experienced and familiar with the safe and competent operation of any equipment, and further, that he/she is physically and mentally fit to ride/operate it. The 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 equipment. The client shall be solely liable in the event that the equipment is stolen or damaged. ACTEP will charge the customer the full market price of the damaged, lost or stolen property. Client is at all times responsible for properly locking equipment(s). ACTEP is entitled to claim from the customer for the repair or replacement cost of any theft, lose or damaged item, beyond normal wear and 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.
LIABILITYACTEP accepts no liability whatsoever for injuries occasioned to the client or caused to third parties as a result of use of the bicycle, irrespective of whether said injuries are caused by chance, malicious damage, imprudence or negligence. The client hereby accepts full responsibility. ACTEP 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 personal insurance coverage for risks that may occur during the rental period. Rider is fully aware that riding a tour poses a risk of accident due to motorists, pedestrians, and road conditions, and rider must keep a proper lookout to avoid such accidents. Failure to use a helmet and protective gear or to use the equipment in a careful and reasonably competent manner may result in bodily injury or death. Rider is solely responsible for obtaining and using a helmet and protective gear. Rider is solely responsible for operating and riding a equipment in a careful and reasonably competent manner. A helmet and 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 Equipment & endanger the safety of others.
ACTEP is not obligated to provide insurance of any kind related to Rider or Rider’s use of the EQUIPMENT. Rider shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever. Tours: If you do not feel comfortable or confident to continue the tour, you can walk or drive your equipment back to forward to the next spot you feel comfortable, or you can return to the pick up location. Equipment is not made for jumping, racing, trick riding, stunt riding and this can cause damage to the equipment in which case the renter is liable for damages to the equipment. Renter agrees to all other policies explained by Rental Office & WEBSITE , including REQUIREMENTS, RESTRICTED USES, RELEASE OF LIMITATION OF LIABILITY, RISK & IMDEMIFICATION.
RETURNs No refund will be made for early returns. Late returns will be charged the corresponding rental rate for the next rental period. Returns can only be returned at the same place you picked the equipment up at. Rented 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 economically liable for any damages, loss or theft of rented bicycles and/or equipment.
LEGAL STUFF The customer and his/her group must respect Spanish traffic regulations. Any ticket or fine due to incorrect use of the equipment will be completely assumed by the customer. This contract shall be governed by Spanish law. The information the customer provides is protected by organic law 15/1999 of 13th December regarding the protection of personal data.
WARRENTY The recipient acknowledges the receipt of equipment “as is” from ACT EVENTS PLANNER. No Warranty. Neither ACTEP provides any warranties, guarantees express or implied. There is no warranty of merchantability or fitness for a particular purpose, and the ACTEP equipment is accepted “As Is” concerning the safety or conditions of the equipment, and acknowledges that reasonable efforts were taken to ensure working order and safety. Any damages to the equipment that is not noted will be deducted from the deposit, or credit card.
Recipient acknowledges they know how to operate the all of the equipment and ride safely.
As a condition precedent to Operator’s agreement to allow Rider to participate in the TOUR Rental Program and to rent equipment, Rider shall do the following during any use of EQUIPMENT (“Use Requirements”):
- Renter has carefully inspected the EQUIPMENT that Rider wishes to rent prior to use to ensure the Equipment is good operating condition. Tested the operating components before proceeding with the intended use.
- Promptly notify customer service of any defect, malfunction or needed repair to the equipment. Rider expressly agrees that he/she shall discontinue use of the equipment immediately and return it to a Program Station if it, or any component of it, should become defective or malfunction while riding the equipment and during any use or operation
- Contact ACTEP and local Police immediately in the event of theft of the Equipment or an accident that occurred during Rider’s use of the Equipment resulting in bodily injury.
- Rider agrees to be seated at all times while riding and shall not operate the rented equipment while in a standing position. Operating while riders are in an upright, standing position may create a dangerous condition and increase Rider’s chance of an injury.
- Rider is solely responsible for any injury or damages resulting from improper or unsafe operation and releases the tour guide/driver from liabilities. If rider has any existing physical or mental condition that would prohibit Rider from safely operating the equipment, he/she is prohibited from riding.
- Rider assumes all risks and liabilities resulting from any and all use or attempted use of equipment while impaired.
- ACTEP is not responsible for any lost, stolen, destroyed or damaged equipment regardless of whether locks are utilized and/or properly functioning.
- Rider responsibility for Tickets, Fees and Fines: Rider agrees that he/she is solely responsible and will not hold ACTEP, and/or any of its or their agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates liable for any moving violation, fines, and/or illegal activities incurred by Rider while using, riding and/or operating the equipment. Rider agrees to pay on demand all fines, and court costs, including administrative fees for parking, bus lane, traffic or other legal and/or moving violations assessed against the equipment, the Rider or ACTEP or during the rental or use of the equipment by Rider. Rider agrees to pay ACTEP for any costs, expenses and/or attorney’s fees for processing, pursuing and/or defending any such claims
- Rider accepts full responsibility for any and all damages, demands, consequences, causes of action, losses, injuries, court and 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.
Rider shall not do any of the following acts (“Restricted Uses”):
- Use any Equipment if Rider has any existing physical or mental condition that would prohibit Rider from safely operating the Equipment.
- Operate a Equipment while carrying any item that impedes Rider’s ability to safely operate the 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 Equipment.
- Operate or use a Equipment in any manner during adverse weather conditions: Rider agrees that he/she will not ride, operate or use a 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 AND ACCEPTS THAT RIDER’S RENTAL AND USE OF THE EQUIPMENT IS AT HIS/HER OWN RISK.
- Use the Equipment for racing, trick riding, jumping, stunt riding. • Use the Equipment for any commercial purposes.
- Tow, pull, carry or push any person or object with a Equipment. • Remove or modify any accessories, parts or components of any Equipment.
CREDIT CARD OR DEBIT CARD. Rider must provide ACTEP a valid credit or debit card number and expiration date before being registered to use a Equipment. Rider represents and warrants to ACTEP that Rider is authorized to use the credit or debit card information provided. Rider authorizes ACTEP to charge the credit or debit card for which information is provided for all fees incurred by Rider under this Agreement, and all fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by ACTEP. In the event Rider’s payment method on file with ACTEP is declined for any reason, ACTEP may suspend Rider’s rental plan and ability to use any Equipment until all of Rider’s prior charges are paid in full or take legal action to collect the fees.
BY SIGNING BELOW RENTER AGREES TO ALL RENTAL POLICIES ON THIS CONTRACT AND WEBSITE. RENTER’S FIRST NAME:_______________________________ LAST NAME: ____________________________________ ID (NIE, PASSPORT, DRIVERS LICENSE): _____________________________________ DATE OF BIRTH: ___________________ RENTERS ADDRESS: _______________________________________________________________________________ ______________________________________________ __________________ _____________ SIGNATURE OF RENTER / PARENT / GUARDIAN DATE CITY PARENT OR GAURDIAN’s PRINTED NAME: _________________________________________________________
|DATE OUT||OUT TIME||RETURN DATE||RETURN TIME||# EXTRA DAYS||# EXTRA HOURS|
DEPOSIT AMT: __________________ EQUIPMENT MARKET VALUE: ____________RENTAL AMT: ______________
CREDIT CARD TYPE: _________ CC #____________________________________
EXP DATE: ______ SIC CODE (on back) _____________
RELEASE AND LIMITATION OF LIABILITY
FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE EQUIPMENT, RIDER, FOR HIMSELF OR HERSELF AND ON BEHALF OF RIDER’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES (i) ACTEP AND ACTEP’S OFFICERS, BOARDS AND COMMISSIONS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, (ii) ANY MUNICIPALITY WITH WHICH ACTEP HAS CONTRACTED WITH TO PROVIDE A BIKE RENTAL PROGRAM, AND (iii) ANY OWNER OF PROPERTY WITH WHICH CITY 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 “ACTEP 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 ACTEP EQUIPMENT, INCLUDING THE BIKES, OR THE ACTEP WEBSITE, INCLUDING ANY AND ALL CLAIMS RELATED TO THE SOLE OR PARTIAL NEGLIGENCE OF ACTEP, THE ACTEP PARTIES OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE ACTEP 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 ACTEP OR THE ACTEP PARTIES ARE DEEMED TO HAVE ANY LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF RIDER’S USE OF THE ACTEP EQUIPMENT, INCLUDING THE BIKES, OR THE ACTEP WEBSITE, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL PAID TO ACTEP 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 ACTEP EQUIPMENT, INCLUDING THE BIKES, AND THE ACTEP 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 ACTEP 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. ACTEP AND THE ACTEP PARTIES HEREBY DISCLAIM ANY CLAIM IN TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY).
IN NO EVENT WILL RIDER CLAIM THAT ACTEP 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.
Rider shall indemnify, defend and hold harmless ACTEP and the ACTEP Parties for, from and against any and all Claims related to or arising out of this Agreement, including, but not limited to RENTER’S breach of any representations, warranties or covenants set forth in this Agreement, and the rental, maintenance, design, use or operation of the EQUIPMENT, the Locks, the Stations and/or the ACTEP website, even where caused in whole or in part by ACTEP’s negligence, and/or the negligence of others, whether presently known or unknown. At ACTEP’s option, Rider will assume control of the defense and settlement of any Claim subject to indemnification by Rider (provided that, in such event, ACTEP 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 ACTEP’s prior written consent.
ACTEP’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 ACTEP shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.
TERMINATION OF AGREEMENT.
ACTEP may terminate this Agreement at any time, without cause, legal process, or notice to the RENTER and Rider’s use of the EQUIPMENT Rental Program is “at the will” of ACTEP. RENTER 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 ACTEP for time already used by Rider.
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.
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.
This Agreement constitutes the final and entire Agreement between ACTEP and Rider and prevails over any prior or contemporaneous, conflicting or additional, communications, unless otherwise agreed to by the Parties in writing. ACTEP 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 ACTEP 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.