Rental terms and conditions
In placing an order the client agrees to these terms and conditions
Theft of and Damage to Rental Bikes:
The client is fully liable and responsible for the full value of any damages or theft occurring during the rental period, however occasioned.
The Rental Bikes have to been stored in a safe, dry environment for the duration of the let. In case of theft, or irreparable damage to the bike, an amount of €1200.00 will be charged, being the replacement value of the bicycle.
Any damage will be quoted on for repair/replacement by an experienced Bicycle Retail Outlet and this amount charged to the Client.
Damage charges are equal to the market value or any item or service required to restore the bike to the state it was before the rental.
The state of the bike can be determined by the client on return of the bicycle. The bike is only cleared damage free after maintenance and can be inspected by Tomas Swift Metcalfe Unip. Lda. staff at the Tomas Swift Metcalfe Unip. Lda. facility.
Waiver: Clients acknowledge and agree that Tomas Swift Metcalfe Unip. Lda. maintains no control over the operation of the Rental Bikes by Clients. Tomas Swift Metcalfe Unip. Lda. assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of:
- Any wrongful, negligent or accidental acts or omissions on the part of the Client or the Client’s agents;
- Any defect in or failure of any vehicle, equipment or instrumentality owned, operated or otherwise used by the Client;
- Any wrongful or negligent acts or omissions on the part of any other party not under the control, direct or otherwise, of Tomas Swift Metcalfe Unip. Lda;
- Acts of nature, bad luck or equipment failure.
Accident insurance held by Tomas Swift Metcalfe Unip. Lda. is only valid with the use of a bike helmet (not supplied with the bike).
All efforts are made to ensure the equipment supplied is in good working order.
Clients hereby release Tomas Swift Metcalfe Unip. Lda. and its agents and employees from and against any and all liability arising during the rental period. Clients acknowledges that they are aware of the risks involved with cycling including but not limited to physical exertion, forces of nature, accidents, travel via any mode of transport, adequacy of medical facilities, or negligence (other than willful or fraudulent) on the part of employees, agents or others of Tomas Swift Metcalfe Unip. Lda..
Clients agree to be responsible for their own welfare, and accept any and all risk associated with the activities they undertake. Clients agree that the terms herein are binding on them, their family members, heirs, successors, assigns, dependants and/or minors accompanying them, and their legal representatives.
Clients acknowledge and agree that Tomas Swift Metcalfe Unip. Lda. and its agents have the right to refuse participation by any person judged incapable of activities, and for not executing this document or other required documentation. Any dispute arising out of these matters whatsoever, shall be resolved in binding arbitration/adjudication under the laws of the country of Portugal. Any part of this document found to be void or unenforceable shall not negate the enforcement of the remainder.
Each rental bike is rented with a flat tire repair kit (1 spare tube, patch kit, tire levers, frame pump), 2 water bottle cages and a saddle bag. Clients are required to furnish their own pedals as Rental Bikes. Clients may supply items such as saddles, computers, water bottles and tools kits for fitting to the Rental Bikes. Every effort is made to ensure the equipment supplied is perfect working order, this does not mean that it is free from the risk of failure. Tomas Swift Metcalfe Unip. Lda. is not responsible for the any loss of or damage to client supplied equipment howsoever occasioned.