Terms and Conditions
Welcome to SierraRowerra!
These terms and conditions outline the rules and regulations for the use of SierraRowerra's Website, located at https://sierrarowerra.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use SierraRowerra if you do not agree to take all of the terms and conditions stated on this page.
Cookies:
The website uses cookies to help personalize your online experience. By accessing SierraRowerra, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, SierraRowerra and/or its licensors own the intellectual property rights for all material on SierraRowerra. All intellectual property rights are reserved. You may access this from SierraRowerra for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from SierraRowerra
Sell, rent, or sub-license material from SierraRowerra
Reproduce, duplicate or copy material from SierraRowerra
Redistribute content from SierraRowerra
This Agreement shall begin on the date hereof.
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. SierraRowerra does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of SierraRowerra, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, SierraRowerra shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
SierraRowerra reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant SierraRowerra a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of SierraRowerra; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to SierraRowerra. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of SierraRowerra's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
1. Contracting parties
1.1) The contracting parties are the customer, who has to be of age 18 years or older, and legal person Maksym Dotsenko (henceforth Sierra Rowerra) undertakes to make the bicycle booked in advance, described on the rental form available to the customer, together with all other rental equipment (in conjunction referred to as 'the rented item'), for the period of validity of the contract, ensuring that they are in a usable state and that they comply with road safety regulations. The customer undertakes to pay the total rental price at the moment of signing the contract and to enter into the contract.
1.2) The rental relationship for the rented item shall last for a specific period of time. Rental day period starts at 10h and ends at 18h. More than a day rentals or week(s) rentals can be agreed with SierraRowerra. For all rented items a prior booking is recommendable.
1.3) The rented items must be picked up at and brought back to SierraRowerra address shown on homepage https://sierrarowerra.com/contact.
1.4) If the customer fails to return the rented items to SierraRowerra within the agreed rental period, even for reasons beyond his/her control, SierraRowerra shall be entitled to demand remuneration.
1.5) If delivery / pick up of rented items is accorded between SierraRowerra and the customer, so the rented items will be delivered / picked up on time and date according to the previous booking. The customer has to give clear information about the meeting point and place to deliver / pick up the rented items and provide with a functional mobile number.
1.6) All the changes of the rental contract must be notified by the customer to SierraRowerra and re-confirmed by SierraRowerra. Any delays on delivery or pick up of the rented items will result an additional charge to the customer if it is without previous notification to SierraRowerra about the changes (time, hire period, meeting point etc.) of delivery / pick up service than previously accorded between SierraRowerra and customer.
1.7) Exceptional circumstances or force majeure could lead to delay of delivery to the customer or pick up of the rented items from the customer through SierraRowerra. In such cases SierraRowerra will always notify the customer about the changes.
1.8) All rented items are presented in immaculate working order set up by professional mechanics of SierraRowerra, and, whilst SierraRowerra accept general wear and tear during hire, any bicycle returned with excessive cleaning requirement will result in a 15€ charge to the customer. The client accept the impeccable estate of rented items, having the duty to inspect and notify any damages on rented items.
1.9) The rented items should only be used by the designated customer and the members of his/her party as mentioned in the rental contract. The customer undertakes to use the rented items – and in particular the bicycle – with all due care and propriety to observe road safety regulations. Customers are forbidden to use rented bicycle under the influence of alcohol or drugs. Customers are not allowed to carry passengers or modify or alter the rented item in any way. Customer may fit additional equipment onto rented items – according to previous communication to SierraRowerra – being liable for all related risks.
1.10) All rented items must be returned to SierraRowerra, identified with the copy of original contract form.
2. Reservation, Payment & Deposit
2.1) All rented item reservations must be done in advance with enough time to confirm availability, at least 24h in advance. For all reservations, a prepayment of 20€ per bicycle must be paid by customer via the payment gateways offered by SierraRowerra. In case of prepayment per bank transfer the customer is responsible for any bank transfer fees (if applied by customer's bank).
2.2) If the customer requires a bicycle and equipment on the same day or less than 24h in advance, so it is possible to pass by the SierraRowerra, to call or to send an email to SierraRowerra@gmail.com
2.3) The rented items must be paid in full settled amount by signing the rental contract. Accepted methods of payment: Credit or Debit card (MasterCard or Visa), cash (EUR), prior bank transfer.
2.4) The customer must read, accept and sign the rental agreements. The customer will be asked for original passport or personal ID along with original credit card as a guarantee deposit for the rented equipment. The deposit of 300€ per bicycle must be left through the credit card (MasterCard or Visa). The deposit will be refunded if the rented item is returned in the same condition as it was procured. There is no entitlement for refund until the end of the leasing contract.
3. Responsibility of customer
3.1) The customer accepts the charges for any missing or broken rented items at market prices. If the missing or broken rented items exceed the deposit amount, the customer must settle the balance.
3.2).Cancellations up to 14 days before the rental date are free of charge. The transaction costs in case of return of the prepayment are paid by the customer. Cancellations within 14 days of the rental date will be charged with the prepayment of 20€. No shows will be charged for the prepayment of 20€ which are non-refundable. Under no circumstances will there be any changes to this policy.
3.3). SierraRowerra does not refund for cancellations within 14 working days or early return of rented items. SierraRowerra cannot be made responsible for the customers personal circumstances, sicknesses, weather conditions or any other event of force majeure. Customer accepts that no refunds would be made for any of the above reasons without any exceptions.
3.4) The customer is obliged to make provision for the protection of rented items, as well as the protection from loss and theft. In case of theft or loss during the rental period, customer has to bear all the costs for the reconditioning at market prices. From the moment of signing the contract and receiving a rented item, the customer is fully responsible for the rented items.
3.5) In case of theft or loss of rented bicycles, SierraRowerra applies a charge of minimum: 2.000€ for a electric bicycle (specialized/trek), 1.500€ for a mountain bike (orbea/merida), 1.000€ for a dirt bike (ns). And the market price of a replacement for all other rented items. To all listed prices above a Spanish VAT must be added (21%). The deposited amounts stipulated in stipulation 2.4 are expressly AUTHORIZED by the client as a use of partial payment of the price of the bicycle in case of theft, assuming the non-return of the same and the need to pay the difference in the amounts.
3.6) SierraRowerra recommends to sign a Travel Insurance on duty of customer that covers rented items against loss, theft & damages. In case of theft or damage, SierraRowerra will do the best and cooperate with clients insurance.
4. Issues with rented items during the rental period
4.1) Small reparations on rented items as punctures are on duty of the customer. The customer has to bring rented items to SierraRowerra, where the mechanics of SierraRowerra will intent to repair the rented items as fast as possible.
4.2) If the hire contract is signed outside of SierraRowerra (in case of delivery of rented items to customers hotel, accommodation or given address), and damages occur to the rented items, so SierraRowerra has to apply a service charge of transportation and mechanical support to the customer by replacing or repairing the rented items – always on previous communication to the customer about the amount of service charge. SierraRowerra does not assume repair costs made in other workshops, unless this was accorded by previous communication and re-confirmed by SierraRowerra.
4.3) SierraRowerra will do the best to satisfy the needs of customers, but there is no obligation for SierraRowerra to insure the technical support out of SierraRowerra.
5. Limitation of liability
5.1) SierraRowerra has third party liability insurance coverage of the bicycle rental activity. SierraRowerra is not responsible for injury or damages caused to/by the client during the rental period.
5.2) The customer is responsible for adequate personal insurance coverage for risks that may occur during the rental period. SierraRowerra is not liable for any claims for body injury or harm, accidents or loss of personal belonging caused by weather, sickness, persons, cars or any other causes and causers.
5.3) Taking part in guided bike tours is at your own risk. SierraRowerra does not accept any liability.
5.4) The customer must respect Spanish traffic regulations. Any ticket or fine due to incorrect use of the bicycle will be completely assumed by the customer.
5.5) All the information provided by customer to SierraRowerra is protected by the law 15/1999 of 13th December regarding the protection of personal data.
5.6) The provisions of this contract shall be governed by Spanish law. For all disputes derived from this contract or relating to it, the jurisdiction shall be Malaga, Spain.