Terms and Conditions

Definition of terms

Bicycle: the (e-)bike and/or any other item that is comprised by the contract.

Customer: the natural person or legal entity purchasing the bike rental and/or bike tour service from Faneroque.

The trade name "Faneroque" is the property of Michał Cichosz, an individual entrepreneur recognized in accordance with relevant laws. Henceforth, in this document, "Faneroque" will refer to Michał Cichosz in his capacity as an individual entrepreneur.

Faneroque: Faneroque, the company offering the bike rental and repairs services according to these terms and conditions.

Rider: the person actually riding the bicycle.

Written: in writing or electronically.

 

Article 1: Applicability

The purpose of these conditions and regulations for the hire of bicycles is to define the rules of use and civil responsibilities of customers who enter into temporary contracts with a fixed term for the hire and use of bicycles with Faneroque.

The customer, as per the data indicated on the customer form, when filling in their details on this management platform for the purpose of booking or rental, is simultaneously assuming and confirming that they have taken note of these conditions and regulations.

Faneroque, its agents, servants, and employees shall not be responsible for personal injuries or property damage, loss or delay incurred by any person arising out of the act of negligence of any direct or supplemental carrier or other person rendering any of the services or products being offered in these rentals; nor shall Faneroque be responsible for any injuries, death, damage, loss or delay in any means of transportation or by reasons of any event beyond the actual control of Faneroque, or of any agent or supplier, or due to force majeure.Renters follow any suggested itinerary at their own risk and agree not to hold Faneroque responsible for injury or death resulting from accidents.
 

Article 2: Offer and Agreement

According to the wishes of the customer, Faneroque makes a written or oral offer. 

The offer contains (where applicable) the name of the service (bike rental), period, and price. Furthermore, it states the opening hours and telephone number of the company, the manner of payment, and the type of insurance.

The contract is established when the customer accepts an offer from Faneroque.

This contract will contain the Faneroque data, the customer’s data, the vehicle and equipment characteristics, as well as their state, the rental period and the term of responsibility. The client will receive an email with the rental conditions as a result.

The customer, holder of the documents presented, is the person responsible for all the equipment included in this contract, as well as the other people who will use it. It is always necessary to present an identification document when picking up the equipment.

In the case of minors, once they have a tutor or guardian, the holder of this contract states right away to be responsible for the minor(s).

The bicycle rental works according to the timetable established by the company, which may vary according to the season of the year. Therefore, on national and municipal holidays, it is necessary to confirm in advance, by phone, email or chat, before making your reservation.

At the moment in which the customer submits his data on this platform, he declares and assumes that he has taken note of these conditions, as well as of the rental contract.

Faneroque will retain ownership of rented bikes and accessories at all times.

 

Article 3: Deposit and duration

Reservations can be done online with our booking form.

Please get in touch via form or email info@faneroque.es and we will be able to confirm availability.

Faneroque may request a security deposit to collect the bicycle or equipment. When applicable, the deposit rates are €50 per bike and / or €100 per Ebike and will be required together with a copy of your passport to secure your reservation. This deposit is applied to your invoice and the remaining balance is payable up to 30 days before your start date or your reservation is subject to cancellation.

The deposit will be returned at the end of the contract, unless it’s necessary to deduct any amount for repairing expenses of damages or non contracted services. The client hereby authorises the retention of the deposit for repair purposes.

The customer must arrange the location of the collection with Faneroque defined in the contract. Delivery and collection locations must be confirmed up to 21 days before rental start date. The deliveries and collections happen between 8-9 am and 8-9 pm. These times can be changed pending the approval from management.

Renters are responsible for ensuring bikes are ready for collection at the designated collection location at 8:00pm or no later than 8:00am the day after their rental end date.

In case of return to a different location, an additional flat rate of 50 € will be applied within a radius of 25 km from the place of return. For longer distances, a fee of 100 € will be added. Before deciding to return the equipment to another location, the customer can consult the associated costs beforehand.

The Client hereby authorises the deposit of the guarantee to make such adjustments as soon as the amount of the guarantee is identified.

The value of the deposit does not cover the full value of the bicycles or equipment.

Whenever there is a need for changes to the contract, only upgrades are accepted, such as increasing the number of days of rental or changing the place of return. These changes must be communicated before the end date of the contract and must be communicated by email, with the respective order number, or by message and duly accepted. In this case, a request for payment of the additional amount is sent, which must be settled before the end date of the contract. These adjustments cannot be made through the security deposit.

Faneroque is not obliged to give any refund for rented bikes that are returned before the end of the contractual period.

Return of Equipment

The customer is not allowed to return a rented bicycle after the date and time stated in the contract. 

In case of non-return of the rented property in the place and term established in this contract, the customer will be subject to penalties and legal measures.

The Cardholder acknowledges and agrees that failure to return the rental property is a breach of contract and may be treated as theft, subject to legal action and criminal prosecution.

The Customer will be liable to pay an additional fee for each hour that the rental period is exceeded. Faneroque is entitled to charge customers 25% of the daily rental price on top of the actual rental price, with a maximum charge of 4 hours for the first day. For each following day, a maximum of 150% of the rental price can be charged.

Faneroque reserves the right to take all appropriate legal measures to protect its rights and seek restitution of the goods, including, but not limited to, filing a criminal complaint for theft.

In addition to the financial penalties mentioned above, the Customer shall be liable for any legal costs incurred by Faneroque in the process of recovering the rented goods. The security deposit will not be refunded.

In cases of non-return, the Customer waives any right to possession or continued use of the leased property and agrees to cooperate fully with the Company in its recovery.

This clause does not affect other legal rights and remedies available to Faneroque in the event of non-return of the rented goods.

 

Article 4: Price and payment

The rental price varies according to the vehicle and time of use, as well as taking into account any promotions and discounts in force at the time. It is important to consult the pricing conditions on our website or over the phone. The final price including deposit, rental fee, insurance cost and promotions or other discounts will be provided in form of a written offer.

Upon acceptance of the offer, the client will be requested to pay the deposit to confirm contractual obligations.

The remaining balance is payable up to 30 days before your start date or your reservation is subject to cancellation.

Payments of the deposit have to be mode through our online payment system, papal or bank transfer. The outstanding amount can be paid through the same means or with cash on the first day of rental.

Article 5: Cancellations

All Cancellation requests must be filled in writing to info@faneroque.es

Bike Rental cancellation

21 days or more prior to your start date you have 3 options:

1. Switch to another date with no fees (depending on availability)

2. Keep your balance on file for any future trip with no expiration (credit)

3. Cancel your trip and receive a refund for bike deposit

20 days - 14 days before your start date you have 3 options:

1. Switch another date for your trip with no fees (depending on availability)

2. Keep your balance on file for any future trip with no expiration(credit)

3. Cancel your booking and receive a 50% refund*

13 days: no refunds, no credit.


*All refunds are subject to a service fee of 5% of the total amount paid

Unless otherwise stated, credits issued have no expiration and are transferable.

Once issued, credits are not refundable.

Bike rentals ending before the end date are not eligible for refund.
Any applicable refunds will be issued upon return of all rented equipment.


Article 6: Insurance and Liability

CUSTOMER LIABILITY

Customers shall assume liability for any and all damage or loss of and to personal property, accident / injury to other persons related to said rental equipment.

It is the Customers responsibility to adopt prudent riding and respect all traffic rules, including the use of a safety helmet. Faneroque cannot be held responsible for accidents caused by negligence, violation of traffic rules or improper use of the rented equipment.

It is important that the Customer is fully aware of the risks involved in the use of bicycles and complies with all appropriate safety measures to minimise such risks.

The customer must respect all rules and regulations. The customer uses the bicycle on his own responsibility. If a customer infringes any Spanish rules or regulations, Faneroque can by no means be held liable.

SUBLEASING PROHIBITED

Customer understands and agrees that any subleasing of rental equipment is prohibited and that any such sublease shall immediately cause termination and cancellation of this contract.

PERSONAL INSURANCE 

Faneroque does not provide a personal accident insurance policy.

RESPONSIBILITY FOR DAMAGE OR LOSS

Responsibility and Care: During the rental period, the renter has full responsibility for the bike, making it essential to use the vehicle responsibly, while keeping it in excellent condition and protecting it from damage and theft. It is imperative that the renter takes all necessary measures to guarantee the safety and integrity of the bicycle throughout the rental contract.

Customer agrees he/she will return the equipment in the same good condition as when received, ordinary wear and tear accepted, and to repair and replace lost or stolen, damaged or broken bicycles or parts or to reimburse Faneroque for said equipment. Therefore regardless of the party at fault, the customer understands and agrees to be responsible for the theft or damage to said equipment.

 

THEFT, VANDALISM AND THIRD PARTY INSURANCE

Faneroque does not provide insurance for theft, vandalism and third parties.

In case of theft or robbery, the value of the deposit will be retained, but it is important to stress that the contract holder is responsible for the full payment of the market value of the equipment. Therefore, in situations of theft, the contract holder will be liable to pay the full market value of the equipment. It is essential that the contract holder is aware of this liability before proceeding with the rental.

 

DAMAGE COVER

 

The regular rental price does not include any insurance cover.

Customers have the option to acquire extra insurance for damages, encompassing both cosmetic and functional harm to equipment valued at 200 Euros or less. Beyond this limit, the customer is responsible for only 30% of the overall expenses for parts and repairs, with a maximum cost capped at 500 Euros. All damage has to be assessed by our mechanic when making an insurance claim. 

The insurance cover rates can be found on our website and will be specified in the offer provided on request.

 

Article 7: Equipment 

The bicycles provided for use are in satisfactory operating condition and participants agree to use them at their own risk or call deficiencies to the attention of a company representative. Individual bike specifications are subject to change based on availability of replacement components.Bicycles may need tuning or maintenance during the course of a long rental period; such maintenance will be carried out at the renter's expense.

If the rental equipment breaks down in the vicinity of the pick-up point, up to 5 kilometres away, or an anomaly occurs within one hour of use of the bike and equipment, the Customer must return to the pick-up point to check the fault, or, if necessary, exchange the equipment. After this trial period, if no problems occur, the equipment will be considered to be in suitable condition for use.

In the event that the breakdown was caused by misuse, the Customer shall be responsible for the costs related to travelling and time to collect the equipment on site which will be minimum 40 Euros. 

 

Article 8: Obligations for Faneroque

Faneroque provides a bicycle with the statutory and agreed features and accessories, which is clean, well maintained and in a technically good condition.

In case of damage to the bicycle prior to the rental, Faneroque will make a report of the damage in the presence of the customer.

Faneroque will cover the cost of damages due to equipment failures beyond the renters control; i.e. damage occurred during transport or worn parts. Any deficiencies must be communicated to Faneroque within 24 hours of receipt of the equipment. We will attempt to resolve any issues immediately ourselves. To be eligible for a refund on such parts and service, you must provide Faneroque with a photo of the damaged or worn parts and receive approval from Faneroque to proceed with repair at other bicycle repair places.
 

Faneroque is responsible for structural deficiencies such as damaged frames, worn bottom brackets, suspension and wheel hubs.

Faneroque is not responsible for the following occurrences during bike rental:
gear tune ups / punctures / broken spokes / broken chains / broken derailleurs / broken drop-outs / wheel rim damage / torn saddles / stripped threads on pedal crank / damage beyond the control of Faneroque and resultant of rider use or misuse.
 

Instruction in the use, assembly and maintenance of bicycles will not be provided and participants affirm that they are competent and familiar with the use of a multi-speed bicycle.

 

Article 9: Obligations for the customer

The customer is always responsible until the return of all the equipment rented in the contract, as well as the place, hotel or accommodation they leave for deposit until collection by Faneroque. Under no circumstances may you leave bikes and equipment on the street, even if they are locked. Failure to comply with these rules may result in you having to pay the full amount of the rented equipment at its new value. The security deposit does not cover the full value of the equipment rented.

When the customer does not comply with the rules to leave the equipment in a closed and secure place, in the custody of a hotel or accommodation or similar, even if the material is recovered, the value of the deposit will not be refunded. This is because the urgency of recovering the equipment means that we have to change our collection logistics, which we prioritise. In the event that Faneroque does not recover the equipment due to theft or robbery, the Customer will be responsible for paying for all the equipment at its new value. At this point, Faneroque will take legal action to pay for the value of the equipment that has not been returned.

The person renting the bike must bear the costs for any damage that is not covered by the insurance. The person renting the bike must immediately report any damage caused and have it promptly repaired. Costs from damages caused by a crash, misuse or vandalism are to be paid for right away by the person who rented the bike. 

Faneroque does not reimburse any repairs performed by other companies. When the damage occurs outside of Gran Canaria, Faneroque will only reimburse repairs performed by another company if the damage, kind of repair, and costs of the repair are discussed with, and approved by, Faneroue (+34 674345998) and the customer bought the assurance damage cover.

Damage costs cannot be deducted from the rental deposit if you continue to rent the bike. Both parties subject themselves to the courts and arbitrators of the laws of the town in which the rental contract was issued. If you have any questions, please use our whatsapp or email us on info@faneroque.es

Is not permitted to continue using the bicycle if it's damaged, when its use can lead to aggravation of the damage or affects traffic safety.

Article 10: Additional instructions for the customer

The customer must return the bicycle in a clean condition. Cleaning costs with a minimum of €10 may be charged.

Each bike is equipped with a lock. Customers must never leave the bicycle unattended. Faneroque staff will demonstrate correct use of the locks.

In the event of injury to the customer and/or damage or loss of the bicycle, the customer is obligated to:

• Inform Faneroque as soon as possible by telephone: (+34 674345998). Or email info@faneroque.es

• Follow instructions from Faneroque staff.

• Provide all (requested) information and documents that relate to the event that caused the injury/damage.

• Not leave the bicycle behind without properly securing it.

• Report the event to the local police.

• Submit a fully completed and signed claim form to Faneroque as soon as possible.

Article 11: Dissolution of the contract

Faneroque is entitled to terminate the contract and seize the bicycle if:

• The customer does not obey one or more of his obligations, unless the omission does not justify dissolution.

• The customer dies, is put under guardianship, applies for moratorium, is declared bankrupt, or is in a legal debt management regime.

• If Faneroque is entitled to seize the bicycle(s), the customer must offer full cooperation.

• If the customer dies prior to the hire period, the contract is automatically dissolved.

Faneroque is not liable for any damage caused by dissolution of the contract.

TERMINATION OF AGREEMENT

Customer agrees that Faneroque has the right to terminate this agreement at any time and retake possession of said equipment and for said purpose Faneroque may enter upon the premises of the customer without becoming liable for trespass.

Article 12: Personal data

Personal data of the customer will be processed by Faneroque according to the European Union General Data Protection Regulation. By processing this data Faneroque can carry out the contract, provide customers and/or riders with the best service and make personalised offers. The customer can request inspection or correction of his personal data and file objections. Objections by the customer regarding the processing of data for direct mailing will be honoured at all times.

Article 13: Applicable law

The contract is governed by Spanish law.

Article 14 Non-committal cases

For any situations not addressed in these conditions and regulations, the parties involved shall be governed by the legislation in force in the country.

 

This document is provided in the language selected on this page for your convenience. By accepting this contract, you agree to be bound by the terms of the contract made available here. We make no representations as to the accuracy of the translation, and it is your responsibility to ensure that you have read and fully understand the contract.