GENERAL CONDITIONS
This contractual document will govern the bicycle rental agreements with prior reservation through the website https://www.fast-monkey.com/, owned by FAST MONKEY SPAIN S.L., hereinafter referred to as the PROVIDER, whose contact details are also listed in the Legal Notice of this website.
These Conditions will remain published on the website available to the USER for reproduction and saving as confirmation of the contract and may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them periodically, as the conditions in force at the time of placing orders will apply.
Contracts will not be subject to any formality except in the cases expressly provided for in the Civil and Commercial Codes and in these or other special laws.
Acceptance of this document entails that the USER:
- Has read, understands, and comprehends the content herein.
- Is a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.
These conditions will have an indefinite validity period and will apply to all agreements made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were contracted prior to the modification.
Identity of the Contracting Parties
On one side, the PROVIDER of the accommodation reservation service contracted by the USER is FAST MONKEY SPAIN S.L., with registered office at Avenida Antonio Machado, 42 – Benalmádena – 29636 (Málaga), CIF B93475671, and with customer service/USER phone number 952005886.
On the other side, the USER, responsible for the accuracy of the personal data provided to FAST MONKEY SPAIN S.L.
Object of the Contract
This contract aims to regulate the contractual relationship between the PROVIDER and the USER when the USER accepts, during the online contracting process, the rental of bicycles.
The bicycle reservation contractual relationship entails the rental of the chosen bicycle(s) for a limited time in exchange for a determined price publicly displayed on the website. Extra services must be contracted at the time of making the reservation.
Contracting Procedure
To access the services or products offered by the PROVIDER, the USER must be of legal age. The USER must freely and voluntarily provide the required personal data, which will be processed in accordance with Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD), as detailed in the Legal Notice and Privacy Policy of this website.
In accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:
- General contracting clauses.
- Reservations and payment.
- Right of withdrawal (cancellations).
- Complaints and online dispute resolution.
- Force majeure.
- Jurisdiction.
- Generalities of the offer.
- Price and validity period of the offer.
- Transportation costs.
- Payment methods, charges, and discounts.
- Purchase process.
- Dissociation and suspension or termination of the contract.
- Warranties and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, making a reservation with the PROVIDER will imply the USER’s acceptance of these legal conditions. No stipulation made by the USER can differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. RESERVATIONS AND PAYMENT
The PROVIDER will inform the USER in advance about the procedure to follow to reserve the bicycle rental.
The automatic system for calculating availability and prices allows the USER to choose the bicycle of interest and immediately make an online payment for the rental price.
Bicycle reservations must be made with sufficient advance notice for Fast Monkey Spain S.L to confirm availability. However, if the customer needs a bicycle on the same day, they can call or contact through the phone numbers or email addresses of our contact area to check availability. The customer can also reserve a motorcycle by sending an email to contact@fast-monkey.com.
The PROVIDER will not reserve the chosen bicycle(s) until payment has been verified. Once payment is confirmed, the PROVIDER will contact the USER by email to confirm the reservation. This term is understood as long as availability has been confirmed.
Deposit
The USER will make the deposit via credit card. The amount is €100 or €150 depending on the bike model chosen by the USER.
The PROVIDER will inform the USER of the specific amount to be paid.
3. CANCELLATIONS (Right of Withdrawal)
The USER has the same rights and deadlines to proceed with cancellation and/or claim any defects or faults in the reservation, both online and offline.
Cancellations without charge are only allowed 15 working days before the scheduled delivery time. Cancellations made within the 15 working days prior to the delivery date will be charged in full. Reservations that are not presented will be charged in full and considered non-refundable.
No refunds or credits will be made, for any reason, for cancellations within the 15 working days, early return of bicycles, or cancellations of guided training tours. The customer understands and agrees that Fast Monkey Spain S.L is not responsible for the customer’s personal circumstances, illnesses, weather conditions, or any event beyond Fast Monkey Spain S.L’s direct control or force majeure, and therefore cannot accept refund or credit requests made by the customer for any of the aforementioned reasons.
All cancellations must be communicated to the PROVIDER by email at contact@fast-monkey.com indicating the corresponding invoice or reservation number.
4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any complaint that the USER deems appropriate will be addressed as soon as possible and can be made to the following contact addresses:
- Address: C/ Pacharán 58 – Benalmádena – 29636 (Málaga)
- Phone: 952005886
- E-mail: info@fast-monkey.com
If any breakdown occurs during the rental period, the USER must immediately notify the PROVIDER to resolve these incidents as soon as possible.
Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and, without the need to go to the courts, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will dialogue with both parties to reach an agreement, potentially suggesting and/or imposing a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur liability for any failure due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the force majeure event.
6. JURISDICTION
The USER may not assign, transfer, or transmit the contracted rights, responsibilities, and obligations.
If any stipulation of these conditions is deemed null or unenforceable, the validity, legality, and compliance of the remaining conditions will not be affected in any way, nor will they be modified in any manner.
The USER declares to have read, understood, and accepted these General Conditions in their entirety.
7. GENERALITIES OF THE OFFER
The details of each reservation are provided to the USER in their respective description on the website.
All sales and deliveries made will be subject to these General Conditions.
No modification, alteration, or contrary agreement to Fast Monkey Spain S.L’s Commercial Proposal or here stipulated will take effect, except for an express written agreement signed by Fast Monkey Spain S.L. In this case, these particular agreements will prevail.
Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, provided that it does not affect the value of the offered services. These modifications will also be valid in case, for any reason, the supply of the offered services is affected.
Rental Period
The rental period starts at 9:00 AM and ends at 6:00 PM from Monday to Friday and from 9:00 AM to 2:00 PM on Saturdays. Night rentals can be arranged with Fast Monkey Spain S.L.
At the end of the rental period, the customer must return the bicycles to Fast Monkey Spain S.L.
Responsibilities of the Customer/USER
Upon delivery of the motorcycle(s), the customer must read, accept, and sign the rental contract. At the end of the rental period, the customer agrees to charges for any missing or broken items at market prices, which will be charged to their credit card. The deposit will be refunded if the rented equipment is returned in the same condition as it was acquired. If the missing or broken items exceed the deposit amount, the customer must pay the difference.
Rental Equipment
Fast Monkey Spain S.L confirms that all its bicycles are presented to customers in immaculate working condition, tuned by professional mechanics, and although Fast Monkey Spain S.L accepts general wear and tear during the rental, any rental equipment returned with excessive cleaning needs will incur a €10 charge to the customer.
The rented bicycles and equipment may only be used by the designated customer and members of their group as mentioned in the Rental Contract.
The customer is obliged to take good care of the rented equipment and protect it from damage, loss, or theft. In case of damage, loss, or theft of the bicycle(s), components, or any of its parts, Fast Monkey Spain S.L will charge the customer the full cost of the missing items at market prices.
Urban use bicycles are rented with high-security locks, and the customer is obliged to properly lock the bicycle(s) at all times when unattended, passing the lock through the frame and securing the bicycle(s) to something fixed to the ground such as a post or fence, if permitted, or alternatively, to a bicycle parking area. It is strongly recommended to keep the bicycles secured at all times, especially during night rentals.
Insurance
The optional insurance includes Accidental Damage (forks, chains, gears, levers, scratches, etc.) up to an amount of €300.
The Optional Insurance does not include Vandalism or Theft. Damage or breakage caused by the effects of alcohol or irresponsible driving by not respecting traffic rules is not covered.
Limitation of Liability
Fast Monkey Spain S.L. has obtained adequate civil liability insurance for the bicycle rental activity. Fast Monkey Spain S.L is not responsible for injuries or damages caused to/by the customer during the rental period.
The customer is responsible for adequate personal insurance coverage for the risks that may occur during the rental period. Fast Monkey Spain S.L is not responsible for claims for bodily injuries or damages, accidents, or loss of personal belongings caused by weather, illness, or any other cause beyond Fast Monkey Spain S.L’s control.
The customer and their group must respect Spanish traffic laws. Any fine or penalty for misuse of the bicycle will be fully assumed by the customer.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each reservation include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include insurance or any other additional and ancillary services to the acquired items.
The prices applicable to each item are those published on the website and will be expressed in EURO. The USER assumes that the economic valuation of some services may vary in real-time. Prices may change daily until the reservation is made.
All payments made will result in the issuance of an invoice under consent (Art. 63.3 RD 1/2007) in the name of the registered USER or the business entity they have provided at the time of placing the order. This invoice will be delivered to the USER when the rental ends and the contracted services are paid for. If the USER wishes to receive it by email, they must request it through any of the means provided by the PROVIDER, informing them that they can revoke this decision at any time.
9. TRANSPORTATION COSTS
There are no transportation costs for reservations of material to be picked up at the PROVIDER’s address.
Prices published on the website do not include shipping costs for reservations made by the USER where delivery of the material is requested to a freely designated address by the USER.
These costs will be calculated in advance with the USER, and the agreed amount must be paid prior to the delivery of the material.
10. PAYMENT METHODS, CHARGES, AND DISCOUNTS
The PROVIDER is responsible for financial transactions and offers the following methods to make a payment for an order:
- Credit card.
- Cash. This payment method will only be available for payments made at the physical location.
Security Measures
The website uses industry-standard information security techniques, such as SSL, secure page data entry, firewalls, access control procedures, and cryptographic mechanisms, all aimed at preventing unauthorized access to data. To achieve these purposes, the USER agrees that the PROVIDER obtains data for the corresponding authentication of access controls.
The PROVIDER commits not to allow any transaction that is or is considered illegal by credit card brands or the acquiring bank, which could or might potentially damage their goodwill or negatively influence them.
The following activities are prohibited under the credit card brands’ programs: the sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder.
11. PURCHASE PROCESS
Any product in our catalog can be added to the basket. In the basket, only the items, quantity, price, and total amount will be displayed. Once the basket is saved, taxes, charges, and discounts will be calculated based on the payment and shipping data entered.
Baskets have no administrative binding, they are merely a section where a budget can be simulated without any commitment from either party.
From the basket, an order can be placed following the steps below for proper formalization:
- Verification of billing details.
- Selection of the payment method.
- Formalization of the reservation.
Once the reservation is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the reservation.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are considered illegal, null, or for any reason unenforceable, this condition will be considered separable and will not affect the validity and applicability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER does not comply with or follow any of the obligations established in this document or any legal provision, license, regulation, directive, code of practices, or applicable usage policies.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power, or remedy available to the PROVIDER.
13. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation where not expressly stated otherwise. Any dispute arising from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER’s domicile, the place of fulfillment of the obligation, or where the asset is located if it is immovable.