These general delivery terms (the "Terms") form an integral part of the Agreement with the Rental company (the "Agreement with the rental company" and together with the Terms, "Agreement") entered into between the Rental company and BikesBooking.com (each a "Party" and collectively the "Parties").
1. DEFINITIONS
In addition to terms defined elsewhere in this Agreement, the following definitions apply throughout this Agreement, unless a contrary indication appears:
"BikesBooking.com Platform" means the website(s), apps, tools, platforms or other devices of BikesBooking.com on which the Service is made available.
"Service" means the online bikes reservation system of BikesBooking.com through which Rental companies can make their Bikes available for reservation, and through which Renters can make reservations of these Bikes in such Rental companies.
"Renter" means a visitor of the Platforms or a customer of the Rental company, who booked a Bike through this website.
“Bike” means any vehicle (bicycle, scooter, moped, motorcycle, quad bike (ATV)), which the Rental company make available for booking on this website.
“Rental company” means company, which make its own Bikes available for reservation on this website.
“Rental price” means the total price for bike rental for the Renter and includes: (i) Tariff for bike rental on a certain number of days (including all taxes and other fees), (ii) cost of Additional services of the Rental company, booked by the Renter in addition to the Bike.
“Rental period” means number of hours or days of hire.
“Tariff” means the price for Bike hire on a certain number of days or hours. The Rental company must include all taxes and state fees in the Tariff (including VAT, sales tax, charges and all such other national, governmental, provincial, state, municipal or local taxes, fees, charges or levies to the extent that such other taxes, fees and levies can be reasonably calculated up front without further information).
“Additional services of the Rental company” means related services, which the Rental company provide in addition to the Bike hire (including hire of additional equipment, such as extra helmets, GPS, etc.).
“Deposit” means certain percentage (specified in the Agreement with the rental company) from the total Rental price, which BikesBooking.com charges from the Renter at the time of booking process. The remaining Rental price paid by the Renter on arrival directly to the Rental company.
“Rules of rental” means information about the Bike, the conditions of rent (driving license category, age of driver, driving experience, etc.), the features of insurance (CDW, theft protection, third party liability), the additional fees and taxes, the deposit for a bike on the period of rental and other requirements, which Rental company can specify in the Extranet on our website in the description for each bike.
"Customer Service" means the customer service desk of BikesBooking.com which can be reached at [email protected] or such other address as set out in this Agreement.
"Extranet" or “Private account" means the online system which can be accessed by the Rental company (after identification of the username and the password) through the website www.bikesbooking.com, for uploading, changing, verifying, updating and/or amending the Bike Information (including rates, availability), the Rental company information and reservations (bookings).
"Platforms" means the website(s), apps, tools, platforms and/or other devices of BikeBooking.com and its affiliated companies and business partners on which the Service is (made) available.
"Force Majeure Event" means any of the following events affecting multiple Renters and multiple Rental companies: act-of-God, volcanic eruptions, (natural) disaster, fire, (acts of) war, hostilities or any local or national emergency, invasion, compliance with any order or request of any national, provincial, port or other public authority, government regulation or intervention, military action, civil war or terrorism, (biological, chemical or nuclear) explosion, rebellion, riots, insurrection strikes, civil disorder (or the material or substantial threat or justified apprehension of any of the foregoing events), curtailment of transportation facilities, closing of airports or any other exceptional and catastrophic event, circumstance or emergency, making it impossible, illegal or preventing Renters from traveling to or using Bike of the Rental company.
"Intellectual Property Right" means any patent, copyright, inventions, database rights, design right, registered design, trade mark, trade name, brand, logos, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name (under whatever extension, e.g. .com, .nl, .ru, .eu, etc.) or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction in the world.
"Best Price Guarantee" means the guarantee issued by BikesBooking.com (under this or any similar name) stating that BikesBooking.com offers the best rate for a certain Bike and that no lower rate can be found for this Bike in this rental company, with the same pick-up and drop-off dates and the same booking conditions. We do not require the lowest Tariffs for our website from Rental companies, however we do not work with Rental companies which can’t guarantee us that they will not rent out these Bikes for a lower Tariffs in other places (including their own website).
2. RENTAL COMPANY OBLIGATIONS
2.1 Rental company information
2.1.1 Information provided by the Rental company for inclusion on the Platforms shall include information about the Bikes available for reservation (including photos, number of bikes, technical characteristics and descriptions), Additional services of the Rental company (GPS, full insurance), details about Tariffs (including all applicable taxes, levies, surcharges and fees) and availability of Bikes, the Rules of rental and also other rules and restrictions (the “Rental Company Information”). All the information shall comply with formats and standards provided by BikesBooking.com.
In accordance with the policy of BikesBooking.com, it is prohibited to use in the name of the Bike a phrase common in meaning to “or similar”, “like this”, “or the like”. The model, which is provided by the Rental company for the reservation, must be the concrete (“Kymco Agility”, not “Kymco Agility or similar”). It is necessary to create the individual category, provide the full description and upload the real photos of each Bike. The Rental company must give for the Renter the exact model of the Bike which was booked by the Renter, not any Bike of the similar class. If the Rental company could not provide the booked model of the Bike, it is necessary to contact with our Customer Service by email: [email protected].
The information about the Rental company and its Bikes shall not contain any telephone or fax numbers or e-mail (including Skype) address or social media website/app/platform (including Twitter and Facebook), with direct references to the Rental company or its websites, apps, platform, tools or other devices, or to websites, apps, platform, tools or other devices of third parties. BikesBooking.com reserves the right to edit or delete any information from the Bike and the Rental Company’s description, which is considered as incorrect, incomplete or breaking the rules of this Agreement.
All bookings made via BikesBooking.com are guaranteed. BikesBooking.com allows only Rental companies, which can freely receive bookings of their Bikes without any additional confirmations of availability in advance. Once booking was made by the Renter, the Rental company must provide the Renter with this Bike (more info about cancellation in Clause 2.6)
2.1.2 The Rental company represents and covenants that the Rental company information shall at all times be true, accurate and not misleading. The Rental company is at all times responsible for a correct and up-to-date statement of the Rental company information, including availability of Bikes, availability of Additional services of the Rental company. The Rental company shall update the Rental company information on a daily basis (or such more frequent basis as may be required) and may at any time change via the Extranet (i) Tariffs of its available bikes bookable, and (ii) the number and models of available Bikes.
2.1.3 The information provided by the Rental company for the Platforms shall remain the exclusive property of the Rental company. Information provided by the Rental company may be edited or modified by BikesBooking.com and subsequently be translated into other languages, whereas the translations remain the exclusive property of BikesBooking.com. The edited and translated content shall be for the exclusive use by BikesBooking.com on the Platforms and shall not be used (in any way or form) by the Rental company for any other distribution or sales channel or purposes. Changes to or updates of the descriptive information of the Rental company are not allowed unless prior written approval has been obtained from BikesBooking.com.
2.1.4 Unless BikesBooking.com agrees otherwise, all changes, updates and/or amendments of the Rental company information (including Tariffs, availability of Bikes) shall be made by the Rental company directly and online through the Extranet or such other ways as BikesBooking.com may reasonably indicate. Updates and changes in respect to pictures, photos and descriptions will be as soon as reasonably possible processed by BikesBooking.com.
2.2 Parity and restrictions
2.2.1 The Rental company shall give BikesBooking.com tariff and availability parity (the "Parity").
Rate Parity means the same or better tariffs for the same bike type, same bike model, same dates, same number of drivers, same or better amenities and add-ons (e.g. extra helmets, GPS-navigators), same or better Rules of rental as are available on the Rental company’s websites, apps or call centers (including the customer reservation system), or directly at the Rental company, with any competitor of BikesBooking.com (which includes any online or offline reservation or booking agency or intermediary) and/or with any other (online or offline) third party that is a business partner of or in any other way related with or connected to the Rental company. Rate parity does not apply in respect to Tariffs intended for a closed user group ("closed user group" means a group with defined limitations where membership is not automatic and where: (i) consumers actively opt in to become a member, (ii) any online or mobile interface used by closed user group members is password protected, (iii) closed user group members have completed a customer profile, and (iv) the consumer to which the Tariff is offered or made available has already made at least one prior booking as a member of the closed user group) provided that such Tariffs are not (directly or indirectly) publicly (made) available. In the event that a closed user group Tariff is (directly or indirectly) publicly (made) available by the Rental company, a (direct/indirect) competitor of BikesBooking.com or on any third party (platform) (including any (meta-) search engine or price comparison website), BikesBooking.com is entitled to tariff parity for such tariff.
Availability Parity means that the Rental company shall provide BikesBooking.com with such availability (i.e. bikes available for booking on the Platform) that is at least as favorable as that provided to any competitor of BikesBooking.com (which includes any online or offline reservation or booking agency or intermediary) and/or with any other (online or offline) third party that is a business partner of or in any other way related with or connected to the Rental company.
The Rental company must update the information about the number of Bikes, which are available for booking, in order to avoid the Overbooking (situation when the Rental company can’t provide the Renter with the Bike booked by this renter). We always recommend for the Rental companies to have several Bikes, which will be available for reservation only by online channels, in order to avoid the risk of the Overbooking.
2.2.2 The restrictions and conditions (including tariffs) for Bikes made available for reservation on the BikesBooking.com Platform shall at all times be in accordance with Clause 2.2.1 and make sense for all parties involved (including consumers).
2.2.3 Within the spirit of this Agreement and subject at all times to the availability parity set out in Clause 2.2.1, the Rental company is encouraged to provide BikesBooking.com with fair access to all Bikes and Tariffs of the Rental company available for booking on the own website of the Rental company or other third parties websites during the term of the Agreement (equally during periods of low and high demand).
2.3 Commission of BikesBooking.com and payment of commission
2.3.1 For each reservation made on the Platforms by a Renter, the Rental company shall pay BikesBooking.com a commission ("Deposit"). The Deposit automatically calculated as a percentage of the total Rental price, the Renter pays the Deposit at the time of the booking. The total Rental price includes: (i) the Tariff for the bike rental on a certain number of days (including all taxes and other fees), calculated on the number of bikes booked by the Renter, (ii) cost of Additional services of the Rental company on a certain number of days booked by the Renter in addition to the Bike (e.g. extra helmet, GPS, child seat).
2.3.2 BikesBooking.com acts like an agent of the Rental company, on behalf of the Rental company, at the expense of the Rental company and provides only booking services. BikesBooking.com may charge the Deposit in different currencies. The percent of a Deposit is specified in the Agreement with each Rental company separately.
2.3.3 It means that BikesBooking.com charge its commission (a Deposit) by itself during the booking process and doesn’t require any payments from the Rental company. The remaining Rental price (the total Rental price minus Deposit) the Renter will pay on arrival directly to the Rental company. The Rental company can specify in the Extranet types of credit cards which it accepts and also currencies in which Renters can pay on arrival.
The Rental company have to enter Tariffs in the Extranet system only in EURO. Users of our website can convert the Rental price in euro into different currencies and pay the Deposit in these currencies, but the remaining Rental price Renters have to pay in currency, which the Rental company has specified in the Extranet. When the Renter will come to take a Bike, the Rental company can convert the remaining Renta
