Terms and Conditions
1.1. These General Terms and Conditions (hereinafter: Terms and Conditions) define the conditions for renting and using bicycles and the obligations of the owner and the customer.
1.2. These conditions bind the owner and the customer as contractual provisions, in accordance with Article 120 of the Code of Obligations (Official Gazette of the Republic of Slovenia, No. 97/07). In case of discrepancies between the contractual provisions of the special rental agreement and the content of these Terms and Conditions, the provisions of the special rental agreement shall apply to the contractual relationship.
TERMS AND CONDITIONS
2.1. In these terms and conditions of business, individual terms have the following meanings:
- Bicycles are e-bicycles owned by Radgonske gorice Gornja Radgona d. o. o.
- The rental branch is the place where the contractual relationship for the rental of a bicycle and bicycle equipment (hereinafter referred to as bicycles) is concluded and the place where the bicycle is picked up and returned.
- The owner of equipment is the company Radgonske gorice d. o. o., Jurkovičeva ulica 5, 9250 Gornja Radgona.
- The customer is the person who rents the bicycle.
- The website is available at the following address winebiking.com.
3.1 The terms and conditions are published on the website winebiking.com and are a part of the rental relationship between the owner and the customer. The owner reserves the right to change or amend the terms and conditions. Unless otherwise specified, the amended terms and conditions shall enter into force on the day of their publication on the website and shall apply to the rental agreements concluded after their publication.
4.1 Bike rentals by the company Radgonske gorice d. o. o. (hereinafter referred to as the owner), are governed by the general terms and conditions of the rental, the concluded bike rental Agreement (hereinafter The Agreement) with the company Radgonske gorice d. o. o, the official price list of the company Radgonske gorice d. o. o., published on www.winebiking.com, and a completed and signed minute, which is part of the Bike Rental Agreement.
5.1 The potential customer demonstrates the demand for a bicycle rental by making a bicycle reservation, whereby he must pay the full contractual amount of the bicycle rental to confirm the reservation.
5.2 The owner is entitled to cancel the bicycle reservation after this had already been made. If the cancellation is made no later than three days before the start of the rental period, the customer receives a 100 % refund from the landlord. If the cancellation is made less than three days before the start of the rental period, the customer is not entitled to a refund.
5.3 The contractual relationship is concluded when the owner and the customer complete and sign the Contract and the Hand-over Minute.
5.4 The Contract and the Hand-over Minute are filled out and signed at the rental branch. Prior to signing the contract, the customer must provide the owner with all the necessary information and guarantee its correctness. In case of incomplete fulfilment of the Contract or the Hand-over Minute, the owner may request customer to complete the application. If the customer does not provide the completion in time or the completion is inappropriate, the owner may unilaterally terminate the contractual relationship in accordance with these conditions.
6.1 The customer must submit a valid identity document to the owner for the purpose of verifying the correctness of the personal data provided by the customer for the purposes of concluding and executing the contract.
6.2 The customer undertakes to provide true personal data at the time of concluding the Contract.
6.3 Bicycle rental is payable. The price list of the rent and other related costs is published on the website www.winebiking.com.
6.4 The bicycle can only be used by adults. Minors may use the bicycle only when accompanied by an adult who takes responsibility for damage caused by the minor to a third party, or damage which befalls the minor himself.
6.5 A representative of the owner may refuse to hand over the bicycle to a person that he considers to be incapable of riding the bicycle, as required by the applicable traffic regulations, or for any other justified reason.
6.6 The owner has the right to refuse to enter into a rental agreement with a person who has previously repeatedly violated the terms of the contract or for other justified reasons.
7.1 The customer visits the owner’s rental branch during business hours. The customer submits a valid identity document, agrees with the owner’s representative on all the characteristics of the rental, concludes a bicycle rental agreement and correctly fills out and signs the Hand-over Minute. If a group of customers wants to rent more bicycles, it is enough if only one customer of this group signs the documents listed above. At the same time, he/she must provide the owner with all the necessary personal data about all bicycle users under the rental agreement. In such a case, the customer is fully responsible for fulfilling the obligations under the rental agreement for all rented bicycles and for the handling of rented bicycles by all users.
7.2 When handing over the bicycle to the customer, the owner and the owner’s representative inspect the bicycle together. Upon taking over the bicycle, the customer confirms the faultlessness of the bicycle by signing the Hand-over Minute and, furthermore, becomes aware of a permissible minor fault if this is due to regular wear of the bicycle and does not present a danger to the handling of the bicycle. The customer is obliged to notify the owner of any possible defect on the bicycle and bicycle equipment that he notices before leaving the rental branch.
7.3. The customer, who takes over a bicycle that is in good condition and technically flawless, has to return the bicycle in the same condition to the agreed location (considering the permissible wear, such as the expected dirt on the bicycle).
7.4. The customer undertakes to return the rented bicycle on time and at the latest by the agreed time, as stated in the Rental Agreement.
7.5. In case of delay in returning the rented bicycle, a contractual penalty in the amount of the daily rental price is charged.
7.6. If during the rental period the rented bicycle is damaged and no longer usable and the customer is not responsible for the damage, the customer may propose that the owner replaces it with another, perfectly functioning bicycle until the rental period expires. In doing so, he must immediately inform the owner of the reasons for the damage to the bicycle. Such replacement of a bicycle or equipment is carried out according to the availability of bicycles and equipment that the owner has to offer at that time, regardless of whether he has a replacement bicycle or equipment with different specs than the damaged ones. If the owner does not have any replacement bicycles (equipment) at his disposal, he is not obliged to return the money to the customer if at least two hours or more have passed since the beginning of the rental. The owner is obliged to provide a service (repair) or a replacement of the bicycle only if the customer of the damaged bike is no more than 20km away from the place where the bicycle had been taken over. If not, the owner is not obliged to provide a replacement, or a service and the customer is obliged to pay the full rental price despite the damage to the bike.
7.7. Upon the return of the bicycle and/or equipment, the customer and the owner fill out and sign the Hand-over Minute, and in it determine any damage to the rented and returned items.
8.1. The bicycle may be used by the customer at his own risk, only as a normal means of transport in normal traffic situations and on well-maintained local roads, in a manner that is normal for average recreational sportsmen. The customer must handle the bicycle and the equipment carefully and as a good user.
8.2 The use of a bicycle predicts the appropriate physical condition of the customer. By concluding a rental agreement and other documents, the customer accepts all responsibility and admits being in a proper physical and mental state to be able to use and operate the bicycle, thereby also accepting all responsibility for damage that would result from such a lack of ability. If the customer concludes a rental agreement for several bicycles that will be used by other identified persons in addition to the customer, the customer is responsible for the proper physical and mental state of all bicycle users.
8.3. The customer must follow the instructions and applicable traffic regulations. The owner from whom the customer rents a bicycle is not accountable for the consequences (e.g. damage or fines) of improper use of bicycles and bicycle equipment and the violation of the applicable traffic regulations by the customer.
8.4. The customer is obliged to:
- Control the bicycle.
- Handle the bicycle in a way that damage, destruction, or disappearance is excluded.
8.5. Proper use excludes:
- Any use of the bicycle in a way that endangers the customer or a third party.
- Any disassembly or attempt to disassemble the whole bicycle or part of the bicycle.
- The use of bicycles and equipment at sporting events.
- The use of bicycles for commercial purposes and subleasing of bicycles.
- The use of bicycles for the transport of dangerous goods, illegal goods, persons, or property against payment.
- Driving under the influence of alcohol, sedatives, or any other substances that may affect the rider’s ability to ride the bicycle.
- Any other possible similar abuse.
8.6 The customer is obliged to ensure that the bicycle is used only by himself or that it can only be used by persons listed as users in the Hand-over Minute. If the customer allows the use of the bicycle to third parties, this is considered a serious breach of contract and gives the owner the right to withdraw from the contract early and to claim compensation for any damage that may result.
8.7. When taking over the bike, the customer also receives a bike lock. The customer is obliged to protect the bicycle from possible theft by always locking the bicycle when left unattended, and to take other necessary and reasonable measures to protect the bike from theft and possible damage by third parties. In the event of theft of the bicycle or damage to the bicycle, the customer is obliged to immediately inform the owner and secure the necessary evidence and provide a statement and evidence to prosecute the potential perpetrator and claim compensation from the insurance company.
Customer’s liability for damage
9.1. During the rental period, the customer is liable for any event or for any damage caused to him, third parties or third-party property due to the use of the owner’s bicycle.
9.2. If damage is done to the bicycle that is a result of an improper use of the bicycle or the equipment or a reason for which the customer is liable under the General Terms and Conditions, the customer must pay the owner the amount of compensation equal to the damage.
9.3 If the customer steals or does not return the bicycle and the bicycle equipment, or when he returns it irreparably damaged, he has to pay the owner the amount of compensation equal to the damage of the new bicycle and bicycle equipment.
9.4. If the rented bicycle is not returned within the agreed time, or the customer does not inform the owner about the unforeseen delay, it is considered that the customer has illegally claimed it. The owner is entitled to inform the police and other competent authorities.
9.5. If a third party steals a bicycle or bicycle equipment from the customer, or when the bicycle and equipment are damaged in a traffic accident that is handled by the police, the customer must provide the owner with a copy of the police report and the report about the theft.
9.6. The bicycle remains in full responsibility of the customer until the owner of the service receives a copy of the crime report.
10.1 If the customer violates any of the articles of these General Terms and Conditions of the concluded Rental Agreement with the company Radgonske gorice d. o. o. and the Hand-over Minute, which is an integral part of the contract, the owner has the right to withdraw from the contract with immediate effect and confiscate the rented bicycle or equipment from the customer. By concluding the rental agreement, the customer expressly agrees not to raise an objection against the decision of the owner in relation to the previous sentence.
10.2 The customer may at any time withdraw from the contract and return the bicycle (equipment) to the owner, if the bicycle or the equipment has a material defect that does not allow for a smooth and a safe use, and the owner does not have a replacement bicycle or equipment. In this case, the owner returns the rental amount and any other additional charges. If the customer is able to use the rented bicycle for at least two hours, the owner is not obliged to reimburse the customer for the rent received.
10.3. If the owner at any time during the rental period finds that the use of the bicycle is contrary to these conditions, the owner may unilaterally terminate the rental relationship, in which case the customer is obliged to return the bicycle immediately. In the event of an early rental termination due to violations by the customer or bicycle users for which the customer is responsible, the customer is not entitled to a refund.
Jurisdiction for disputes
11.1. The law of the Republic of Slovenia applies to these conditions. All disputes regarding their implementation and their consequences apply to the case-law of the competent courts of Slovenia, to which the parties delegate explicit jurisdiction, even in the case of arbitration proceedings, the involvement of a third party as a guarantor or co-dispute.
11.2 The owner and the customer will try to resolve any disputes regarding the implementation and consequences of the conditions consensually. If the dispute cannot be resolved in this way, the owner and customer will try to resolve the dispute through mediation and other alternative means of resolving the dispute. If this is not possible, any disputes arising from the freight forwarding contract shall be settled by the local competent court with subject matter jurisdiction in the area where the owner is domiciled.
Interpretation of these general terms and conditions
12.1. If any provision of these Terms and Conditions is determined to be void or unenforceable in whole or in part, it will be considered void or unenforceable, however, the remaining provisions will remain valid and enforceable.
Gornja Radgona, 7. 6. 2021