Terms and Conditions
1. Content of the Mediation Service
Definitions:
- Mediator: The operator of the platform "Balearen-Radverleih.de" acts as a mediator between the paid offer of the bicycle rental company and the renter who wants to rent a specific offer for a defined period of time. A mediation contract is concluded between the renter and the mediator. The rental agreement, however, is concluded between the renter and the bicycle rental company.
- Renter: The renter can be a natural or legal person who enters into a contract with the bicycle rental company for the rental of one or more bicycles for a specific period of time and purpose.
- Bicycle Rental Company: The term refers to those natural or legal persons whose business is the commercial rental of bicycles. The rental agreement is exclusively between the renter and the bicycle rental company. The mediator has no influence on the design of the offer or the contract.
- Rental Bicycle: Colloquially, the term "loan bicycle" or "loan bicycles" is often used. In the following, the rental object will be referred to as a rental bicycle. The bicycles or models offered can be rented for a specified period for a rental fee listed on the "Balearen-Radverleih.de" website under the conditions of the bicycle rental company.
Service: The operator of Balearen-Radverleih.de (hereinafter referred to as the mediator) provides an online platform and a telephone reservation and information service for the automated mediation of bicycles (hereinafter referred to as rental bicycles) in the Balearic Islands. The platform mediates rental bicycles at favorable fixed prices and conditions. Based on the reservation/booking confirmed by Balearen-Radverleih.de as a representative of the bicycle rental company, the renter later concludes a separate, usually written, rental agreement with the respective bicycle rental company at the place of vehicle handover. Balearen-Radverleih.de has no influence on the design and conclusion of the rental agreement between the respective bicycle rental company and the renter.
As a mediator, Balearen-Radverleih.de owes the renter general information and the processing of the reservation/booking as a representative of the bicycle rental company, but not the services of the rental agreement, which are provided exclusively by the respective bicycle rental company. The rental agreement constitutes its own independent legal relationship, which is concluded exclusively between the renter and the respective bicycle rental company. Information about the services of the respective bicycle rental company does not constitute guarantees or assurances by Balearen-Radverleih.de but is based on the information provided by the bicycle rental company. Therefore, in cases of late takeover, early return, or non-use of a service, there are no refund claims against Balearen-Radverleih.de. Agreements between the renter and the bicycle rental company have no binding effect to the detriment of Balearen-Radverleih.de as a mediator.
2. Payment
As a mediator, Balearen-Radverleih.de is not the payment recipient but provides the technical framework conditions for the bicycle rental companies to use the payment service provider STRIPE. By pressing the "book now" button, the renter commissions the mediator with a payment order to collect the rental fee for the rental object via STRIPE and to pay it to the affected bicycle rental company after concluding the rental agreement. After your request, you will receive a booking confirmation/payment information by email from the mediator on behalf of the bicycle rental company. The due amount will be charged to the credit card immediately or debited in the case of Stripe payment – the mediator is obligated to forward the relevant amount to the bicycle rental company for the period booked by the renter and for the corresponding rental object.
3. Cancellation
The renter can cancel his booking at any time in his personal account on "Balearen-Radverleih.de". If no account has been created, the cancellation must be made by email within the business hours of "Balearen-Radverleih.de". No cancellation fees are incurred for cancellations made before the rental start date confirmed by Balearen-Radverleih.de. Cancellations made more than three days before the booking date will be canceled, and the renter will receive a refund from Balearen-Radverleih.de. The refund can take up to 14 business days. For credit card payments, a refund will be made to the payment method used in the booking. Cancellations from the time of the rental start confirmed by Balearen-Radverleih.de are not possible. A refund of the payment made is excluded in this case. The same applies if the renter does not take over the vehicle at the time confirmed by Balearen-Radverleih.de without having made a timely cancellation in advance.
4. Reservation Changes
No additional fees are charged for changes made through Balearen-Radverleih.de as a mediator, apart from the calculated price change by the bicycle rental company. If the renter decides to keep his rental bicycle longer, the extension must be completed at the rental station of the bicycle rental company before the rental agreement and the agreed usage period expire. If the extension is agreed upon directly on-site with the bicycle rental company, the renter is not entitled to a preferential rate mediated by the mediator. In such a case, the bicycle rental company may demand the locally relevant rate.
5. Vehicle Handover / Rental Agreement
The handover times specified in the booking confirmation must be adhered to by the renter. In case of unforeseen delays, the renter is obligated to inform the respective bicycle rental company immediately by phone about a delay so that the rental object is kept ready for the renter. The bicycle rental company is entitled to cancel the reservation if the rental object (rental bicycle) is not picked up no later than 60 minutes after the agreed handover time. The renter must check the rental bicycle for possible damages at handover and have these confirmed on the rental agreement/handover protocol to avoid disputes about damages identified during the return of the rental bicycle.
6. Liability
As a mediator, Balearen-Radverleih.de, as stated in clause 1 of these conditions, only provides the mediation of rental bicycles. The rental of the vehicle constitutes its own independent legal relationship, which is concluded exclusively between the renter and the respective bicycle rental company by concluding a separate rental agreement at the place of vehicle handover. Therefore, Balearen-Radverleih.de, as a mediator, neither assumes liability nor guarantees the conclusion, execution, and processing of the rental agreement or the consequences of not concluding a rental agreement. Balearen-Radverleih.de also does not assume liability for the accuracy and completeness of the information provided by the bicycle rental company or the behavior of the bicycle rental company. If liability by Balearen-Radverleih.de is considered, it is subject to the following guidelines: Balearen-Radverleih.de is fully liable for intentional or grossly negligent behavior. For simple negligence, Balearen-Radverleih.de is only liable if essential contractual obligations are violated. In these cases of slight negligence, the liability of Balearen-Radverleih.de is limited to the typical and foreseeable damage under the contract. Liability exclusions or limitations according to the preceding clauses do not apply to legally prescribed strict liability. If the liability of Balearen-Radverleih.de is excluded or limited, this also applies to the personal liability of its legal representatives and vicarious agents. The liability limitations apply to all types of claims, including those from tort law. Balearen-Radverleih.de is not liable for the lack of availability and functionality of the internet service and resulting financial and consequential damages, as well as damages due to data loss. The liability between the bicycle rental company and the renter remains unaffected by these regulations and is governed particularly by the rental agreement and the rental conditions. Note: Information provided by the bicycle rental company cannot be verified. Liability for information provided by the bicycle rental company is excluded.
7. Final Provisions
The legal relationship with Balearen-Radverleih.de as a mediator is subject to German law unless mandatory statutory provisions conflict with this. If the renter is a merchant according to the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all claims arising from or based on this legal relationship is agreed to be the business location of the mediator. The same applies to persons who have no general place of jurisdiction in Germany, persons who have moved their domicile or habitual residence outside Germany after the mediation, or whose domicile or habitual residence is unknown at the time of filing the lawsuit. The law applicable to the rental agreement and the place of jurisdiction for lawsuits against a bicycle rental company are determined by the local legal provisions at the place of handover of the rental bicycle and the conclusion of the rental agreement, as well as by the rental conditions of the respective bicycle rental company.
Consumer Dispute Resolution Procedure Balearen-Radverleih.de, as a mediator, does not participate in a dispute resolution procedure before a consumer arbitration board according to the Consumer Dispute Resolution Act.
Note on Used Photos / Copyright: The contents and works created by the site operator on these pages are subject to German copyright law. The reproduction, editing, distribution, and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Where the content on this site was not created by the operator, third-party copyrights are respected. Photos, especially photos, graphics, or images of rental bicycles, were provided to the site operator by the respective bicycle rental companies. The respective bicycle rental company in the Balearic Islands is solely responsible for compliance with copyright regulations. Variations in shape, color, equipment, or accessories are not within the responsibility of the mediator - liability is excluded.
