- Article 1. Definitions
- Article 2. General
- Article 3. Offers and quotations
- Article 4. Formation of the travel contract
- Article 5. STO Guarantee Scheme
- Article 6. Payment
- Article 7. Travel fee
- Article 8. Changes made by HIKE & BIKE
- Article 9. Weather conditions
- Article 10. Termination by HIKE & BIKE
- Article 11. Cancellation by the traveler
- Article 12. Changes by traveler
- Article 13. Travel Insurance
- Article 14. Risks, route, fitness, health and equipment
- Article 15. Age
- Article 16. Liability
- Article 17. Traveler's obligations.
- Article 18. Complaints
- Article 19. Secrecy
- Article 20. Applicable law and competent court
- Article 21. Rented
- Article 22. Taking delivery and registration
- Article 23. Security deposit
- Article 24. Rent and expenses.
- Article 25. Obligations of the chief booker and the user.
- Article 26. Returning the rented property
- Article 27. Insurance
- Article 28. In case of damage
- Article 29. Default
- Article 30. Fines
- Article 31. Risk and liability
Article 1. Definitions
1.1. In these general conditions the following terms shall have the following meanings:
a. HIKE & BIKE: the user of these general conditions: HIKE & BIKE established and having its office at Hoekgat 31, 2191XJ, De Zilk, registered with the Chamber of Commerce under KvK number 93675607
b. travel agreement: the agreement by which HIKE & BIKE undertakes in relation to the traveller to provide a trip offered by it;
c. chief booker: the natural person who books or wishes to book the travel agreement with HIKE & BIKE;
d. traveller:
1. the chief booker;
2. the person on whose behalf the trip is stipulated and who has accepted that stipulation;
3. The person to whom, in accordance with Article 12 of these general conditions, the legal relationship to HIKE & BIKE has been transferred.
e. working day: Monday to Friday, excluding national holidays;
f. office hours: working days from 09.00 to 17.00;
g. website: the website www.hikeenbike.nl managed by HIKE & BIKE;
h. rented: the item which the principal booker rents from HIKE & BIKE, such as, but certainly not limited to, (electric) bicycle, including all accessories and documents provided in the context of the rental;
i. user: the traveler specified by the principal booker as user of the rented item;
j. lessor: the company from which HIKE & BIKE rents the rented item.
Article 2. General
2.1 These general terms and conditions apply to all quotations, offers and travel agreements of HIKE & BIKE.
2.2 These general terms and conditions also apply where HIKE & BIKE has a travel agreement with the main booker, but where third parties must be used.
2.3 Any deviations from these general conditions are only valid if they have been expressly agreed in writing or electronically.
2.4 If one or more provisions in these general conditions are, at any time, wholly or partially null and void or may be nullified, the other provisions of these general conditions shall remain fully applicable. The void or nullified provisions will be replaced by HIKE & BIKE, taking into account as much as possible the purpose and meaning of the original provision(s).
2.5 If HIKE & BIKE does not always require strict compliance with these general conditions, this does not mean that the provisions do not apply, or that HIKE & BIKE to any extent would lose the right to require strict compliance with the provisions of these general conditions in other cases.
Article 3. Offers and quotations
3.1 HIKE & BIKE cannot be held to its quotations or offers or other publications if the traveller can reasonably understand that the quotations or offers or other publications, or a part thereof, contain an obvious mistake or clerical error.
3.2 Every offer is without obligation.
3.3 HIKE & BIKE may be forced to temporarily or permanently withdraw a particular offer.
3.4 Offers or quotations do not automatically apply to future travel agreements.
3.5 Prior to the formation of the travel agreement, HIKE & BIKE will provide the principal booker with the standard legal information, a clear description of the offered trip and HIKE & BIKE will inform the principal booker of the obligation included in Article 13.1.
Article 4. Formation of the travel contract
4.1 Via the website, the booking form can be sent to HIKE & BIKE. After receipt of this booking form by HIKE & BIKE, the principal booking party will receive a confirmation via e-mail in the form of a booking confirmation or invoice including these general conditions. The travel agreement is concluded after the head booker has accepted the offer sent by HIKE & BIKE including the general conditions by means of the down payment or the entire travel sum, if the booking is made 8 weeks before departure, is paid by the head booker.
4.2 The main booker is jointly and severally liable for all obligations resulting from the travel agreement.
4.3 The information in the publication of HIKE & BIKE is part of the travel agreement.
4.4 When booking, the main booker provides all relevant information about himself and the fellow travelers, including any wishes about room arrangements or dietary requirements.
4.5 The traveller declares that he or she considers him- or herself physically and mentally fit and able to successfully complete the trip.
4.6 All communication between the travellers and HIKE & BIKE will exclusively take place via the head booker in the Dutch or English language.
4.7 If the head booker, when concluding the travel agreement, makes certain preferences known regarding the trip, such as room layout and dietary requirements, the preference indicated will be taken into account as much as possible. However, no rights can be derived from this.
Article 5. STO Guarantee Scheme
5.1
To comply with the legally required guarantee HIKE & BIKE uses STO Garant. The chief booker can check this through the STO Garant participants page (www.stogarant.nl/deelnemers). All information about STO Garant can be found by the main booker at www.sto-garant.nl. With each (travel) offer of HIKE & BIKE is clearly stated whether the guarantee of STO Garant applies. In the guarantee scheme, the main booker reads what the guarantee entails and what conditions apply. The main booker will find this guarantee scheme on the website of STO Garant (www.sto-garant.nl/downloads). If the guarantee of STO Garant applies to the travel agreement, the principal booker will not pay the travel price to HIKE & BIKE, but to the third party funds account of Certo Escrow, a payment service provider registered with De Nederlandsche Bank (DNB) and the Authority for the Financial Markets (AFM). This third party funds foundation guarantees the travel sum of the main booker until after the end of the travel agreement. When services are not provided (completely and / or timely) due to financial insolvency of HIKE & BIKE, STO Garant executes the guarantee. In the guarantee scheme the head booker reads how the head booker can claim it in that case.
Article 6. Payment
6.1 When the travel contract is concluded, a deposit of 25% of the travel sum with a minimum of € 100,- per traveler booked must be paid. The down payment for the beach-3-day trip has a minimum of € 150,- per traveler. The down payment for the island-3-day has a minimum of € 200,- per traveler booked. The down payment for the beach 4-day has a minimum of € 250, - per traveler booked.
6.2 The remainder of the travel sum must be paid 8 weeks before departure into the account of the Foundation Third Party Funds Certo Escrow. If payment is not made on time, the principal booker shall be in default. The main booker will be notified in writing by or on behalf of HIKE & BIKE and still has the opportunity to pay the amount due within 8 days. If payment is not made even then, the travel agreement will be considered canceled on the day of default. The main booker will be informed of this cancellation in writing or by e-mail. HIKE & BIKE is entitled to charge the cancellation fee due for this. In that case, the provisions of Article 11 apply and the already paid funds will be deducted from the cancellation fees. If the already paid travel sum is less than the amount of the cancellation costs, HIKE & BIKE will send the main booking party an invoice for the cancellation costs. This invoice must be paid within the payment term stated on the invoice. If the head booker does not pay within the payment term, HIKE & BIKE will send the head booker a reminder and the statutory interest will be charged to the head booker.
6.3 If the travel agreement is made within 8 weeks before the day of departure of the trip, the entire travel sum must be paid immediately.
6.4 Together with the booking confirmation or invoice mentioned in Article 4.1 including these General Terms and Conditions, the chief booker will receive an e-mail from STO Garant explaining the payment of his booking. Thus, the main booker does not pay directly to HIKE & BIKE. Depending on the time of booking, the head booker will receive a request to pay the deposit and later to pay the remainder of the travel sum or to pay the entire travel sum at once if the head booker books shortly before departure.
Article 7. Travel fee
7.1 The published travel price is per traveler, is based on 2 travelers sharing a room, unless otherwise stated in the publication.
7.2 The published travel price includes only the services and facilities as published in the program.
7.3 There are surcharges for single rooms and single person packages.
7.4 Not included in the travel price are the cost of travel and cancellation insurance.
Article 8. Changes made by HIKE & BIKE
8.1 Local circumstances and weather conditions may require adjustments to the travel program before or during the trip. Such adjustments to the travel program may result in routes, accommodations and local transport deviating from what is mentioned in the travel agreement.
8.2 Changes prior to the trip will be communicated to the main booker by e-mail. If the travel agreement is substantially changed prior to the trip, the head booker has the right to cancel the trip free of charge within the reasonable period announced by HIKE & BIKE.
8.3 If during the trip a significant part of the services cannot be performed as agreed in the travel agreement, HIKE & BIKE will offer the traveler alternatives with a view to continuing the trip. If the change has the effect of reducing the quality of the trip, the main booker is entitled to an appropriate price reduction.
Article 9. Weather conditions
9.1 In case of bad weather conditions, such as heavy precipitation, storms or thunderstorms, or predictions of bad weather conditions or other local circumstances, the trip will continue. Bad weather conditions, forecasts of bad weather conditions and other local conditions do not entitle the main booker to cancel the travel contract free of charge. If the main booker cancels the travel agreement due to bad weather conditions, predictions of bad weather conditions or other local circumstances, then the stipulations of Article 11 of these general terms and conditions apply.
9.2 If the KNMI issues code red for the location of a hiking or biking tour, then this hiking or biking tour will (partially) not take place and the travelers will be transferred by HIKE & BIKE by bus to the next accommodation. Such a change is the result of unavoidable and extraordinary circumstances, therefore there is no right to compensation and in such case articles 8.2 and 8.3 are not applicable.
Article 10. Termination by HIKE & BIKE
10.1 HIKE & BIKE has the right to terminate the travel agreement and fully refund the main booker all amounts paid for the trip without owing any compensation to the main booker, if:
a. HIKE & BIKE cancels the trip because the minimum number of 15 participants was not reached and the main booker, within the legal deadline has been informed of this in writing;
b. HIKE & BIKE cannot execute the travel agreement due to unavoidable and extraordinary circumstances and HIKE & BIKE informs the main booker without delay and before the start of the trip that the travel agreement will be terminated.
Article 11. Cancellation by the traveler
11.1 The cancellation conditions take effect on the day of conclusion of the travel agreement (Article 4).
11.2 A cancellation must be made in writing or by e-mail. In the case of a written cancellation by the traveler, the date of the postmark applies as the date of cancellation. In case of a cancellation by e-mail, the date of receipt of the e-mail will apply as the date of cancellation.
11.3 Date of cancellation is that working day on which HIKE & BIKE receives the cancellation; cancellations outside office hours are deemed to have been made on the next working day.
11.4 If a travel agreement is cancelled by the traveler, the traveler shall owe the following cancellation charges per person:
a. for cancellation up to the 42nd calendar day (exclusive) before the departure day: the deposit;
b. for cancellation from the 42nd calendar day (inclusive) to the 28th calendar day (exclusive) before the departure day: 55% of the travel sum;
c. for cancellation from the 28th calendar day (inclusive) to the 14th day (exclusive) before the departure day: 65% of the travel sum;
d. for cancellation from the 14th calendar day (inclusive) to the 7th day (exclusive) before the departure day: 80% of the travel sum;
e. for cancellation from the 7th calendar day (inclusive) to the departure day: 95% of the travel sum;
f. for cancellation on the departure day or later: the full travel sum.
11.5 There are trips where cancellation fees and deadlines may differ from the above. If so, this is indicated in the detailed information of the trip in question.
11.6 Reduction in number of travelers; If within one booking the number of travelers is reduced, HIKE & BIKE, may charge the cancellation fees mentioned in paragraph 4 of this article.
11.7 If a traveler voluntarily decides to leave a trip (for example, because of medical reasons), he cannot claim a refund or reimbursement of additional costs incurred in connection with leaving the trip.
11.8 Additional requirements during (in)travel and at the destination, such as showing a negative result of a PCR test, obtaining a valid corona access ticket (QR code), wearing a mouth mask, time blocks, distance measures, etc. are at the risk of the traveler. Governments may change these requirements unannounced. HIKE & BIKE may also impose additional requirements to ensure safety or comply with a legal duty. If the traveler, for reasons mentioned in Article 11.8, cancels the trip, the provisions of Article 11.4 apply.
11.9 Travel credit issued out of courtesy; If a trip is cancelled by the traveler and a travel credit is issued out of courtesy, the following applies (unless other conditions are communicated by HIKE & BIKE):
a. the travel credit must have been spent within one year after the granting of the travel credit.
b. the new trip must have started within two years after the granting of the travel credit.
c. the travel credit is tied to the traveler and not transferable.
d. if the trip is more expensive at a later time, the price difference will be charged to the traveler.
Article 12. Changes by traveler
12.1 Substitution; In good time before the commencement of the trip, the traveler may be replaced by another person. This is subject to the following conditions:
a. the other person meets all the conditions attached to the travel agreement; and
b. the request is submitted no later than 7 days before departure, or in such time that the necessary actions and formalities can still be carried out; and
c. the conditions of the service providers involved in the execution do not oppose this substitution.
d. The principal booker, the traveller and the person who replaces him are jointly and severally liable to HIKE & BIKE for the payment of the part of the travel sum which is still owed.
e. The costs for carrying out the substitution amount to € 25, - per person.
12.2 Change of departure date; Unless HIKE & BIKE indicates that it is a re-booking, the change of departure date constitutes the cancellation of the existing agreement and the creation of a new agreement. The cancellation regulation of article 11.4 (cancellation costs) applies to the cancelled agreement.
Article 13. Travel Insurance
13.1. Travelers are obliged to take out travel insurance covering the costs in case of termination of the travel agreement by the traveler or the costs of assistance, including repatriation, in case of accident, illness or death. At HIKE & BIKE's first request, the traveler must prove that he has purchased the mandatory travel insurance.
Article 14. Risks, route, fitness, health and equipment
14.1 Due to the uneven surface of the beach (hard/soft sand, potholes, hills, washed up trash/wood, etc.) or of the road, there is an increased risk of injuries and accidents (falls, sprains, etc.) in this form of hiking. Such occurrences cannot be completely ruled out. The risks must be borne by the traveler.
14.2 Every traveler is expected to be in good physical and mental condition. If the hiking trip is too strenuous for the traveler and the traveler does not feel fit to continue the hiking trip, the traveler must terminate his participation in the trip.
14.3 Each traveler must be aware of the necessary physical and mental condition for the trip. HIKE & BIKE is in no way responsible for defects in the equipment or deficiency of the physical or mental condition of the travelers.
14.4 HIKE & BIKE is entitled to exclude a traveler from further participation, if physical or mental abnormalities or inadequate condition/equipment of the traveler, seriously hinder the progress of the trip. All resulting consequences and costs are then for the respective traveler, who is then also not entitled to a refund of the trip price or any part thereof.
14.5 Some parts of the route go on public roads. The route is not marked and not guarded. Compliance with the applicable traffic regulations is mandatory.
14.6 Day programs and distances are a general indication, they are subject to change.
14.7 Route descriptions and/or route maps only serve as guidelines. At the time of making them, they were correct, but local conditions may change. It is up to the traveler to make the correct assessment, in accordance with weather conditions, weather forecast, terrain, and the condition of himself and fellow travelers.
14.8 The traveler acknowledges and accepts the risks described in this article.
Article 15. Age
15.1. The minimum age for participation is 12 years. Up to 18 years of age, participation is only possible when accompanied by an adult.
Article 16. Liability
16.1 HIKE & BIKE is obliged to execute the travel agreement in accordance with the expectations which the traveller could reasonably have on the basis of the travel agreement.
16.2 If the trip does not proceed in accordance with the expectations which the traveler could reasonably have on the basis of the travel agreement, the traveler is obliged to notify the parties concerned as referred to in article 18 as soon as possible.
16.3 If during the trip HIKE & BIKE is informed of the non-conformity, HIKE & BIKE will ensure that the non-conformity is remedied, unless that:
a. is impossible; or
b. involves disproportionately high costs, taking into account the degree of non-conformity and the value of the trip concerned.
16.4 The traveler is entitled to appropriate compensation from HIKE & BIKE for all damages incurred by the traveler due to non-conformity, unless HIKE & BIKE proves that the non-conformity is due to:
a. The traveler;
b. A third party not involved in the execution of the services included in the travel agreement and the non-conformity could not be foreseen or prevented; or
c. Unavoidable and extraordinary circumstances.
16.5 HIKE & BIKE cannot be held liable for damage caused by the traveller himself or by a third party not engaged by HIKE & BIKE.
16.6 Insofar as HIKE & BIKE can be held liable for damage suffered by the traveller, this liability will be limited or excluded in accordance with the applicable international conventions.
16.7 For other damage than mentioned in article 7:511 paragraph 5 BW, the liability of HIKE & BIKE is limited to three times the travel fare.
16.8 HIKE & BIKE accepts no liability for damage for which the usual travel and cancellation insurances provide coverage.
16.9 HIKE & BIKE is not liable for the state and condition of roads, trails and markings.
16.10 HIKE & BIKE is never liable for damages resulting from the use of hiking descriptions and/or maps provided by HIKE & BIKE to the traveler.
16.11 HIKE & BIKE is not liable for damage of any kind which arises because HIKE & BIKE relied on incorrect and/or incomplete information provided by or on behalf of the traveller.
16.12 HIKE & BIKE is not liable for damage to or breakage of suitcases / bags and their contents during the trip. This damage is covered by the traveler's travel insurance The traveler is at all times responsible for the quality of his/her suitcase/bag.
16.13 HIKE & BIKE is not liable for the damage suffered by the traveler due to arrest by the police and/or other authorities during the trip or due to the traveler's non-compliance or alleged non-compliance with legal regulations. All consequences thereof shall be borne by the traveler.
Article 17. Traveler's obligations.
17.1 The traveller is obliged to follow all instructions to promote the proper execution of the trip by HIKE & BIKE or the travel guide. The traveler is liable for damage caused by non-compliance with this obligation.
17.2 During the hike, the traveler is obliged to watch where he/she is walking so that he/she does not fall.
17.3 If the traveler causes such hindrance or inconvenience that the execution of the trip is hindered, or endangers the other travelers, he/she can be excluded from further participation in the trip by HIKE & BIKE or the travel guide. If and insofar as the consequences of the hindrance and nuisance can be attributed to the traveler, all resulting costs will be for his account.
17.4 The traveler is obliged to avoid or limit any damage as much as possible.
17.5 In the event that the traveler deviates from the itinerary during the trip, the consequences shall be borne entirely by the traveler.
17.6 During the hike, the traveler must wear suitable clothing and shoes.
17.7 The chief booker is obliged to ensure that the travelers he has registered observe the provisions of these general terms and conditions. The main booker is responsible for the behavior of the travelers he has registered for the trip.
17.8 Costs arising from damage and/or destruction caused by travelers will, to the extent not recoverable from the perpetrator(s) themselves, be paid by the main booker who has registered the travelers.
Article 18. Complaints
18.1 Non-conformities in the execution of the travel agreement must be reported locally as soon as possible so that a solution can be sought. If the complaint relates to the services and/or deliveries of a service provider engaged by HIKE & BIKE, such as restaurant or hotel, the traveler must first report the complaint to the service provider concerned, so that the service provider has the opportunity to handle and resolve the complaint. If the complaint is not satisfactorily resolved by the service provider, the traveler must report his/her complaint to HIKE & BIKE as soon as possible.
18.2 If the traveler has not fulfilled the reporting obligation as follows from article 18.1 and/or if the traveler does not give the service provider or HIKE & BIKE the opportunity to resolve the shortcoming, then his/her possible right to compensation may be limited or excluded.
18.3 HIKE & BIKE will respond no later than 2 weeks after receipt of the complaint. If a complaint requires a longer processing time, a confirmation of receipt will be sent with an indication of when a substantive response will be given.
Article 19. Secrecy
19.1 Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of the travel agreement. Information is considered confidential if this has been communicated by the other party or if it arises from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.
19.2 HIKE & BIKE processes personal data in accordance with the General Data Protection Regulation. For more information on how HIKE & BIKE processes personal data, please consult HIKE & BIKE's privacy policy, see www.hikeenbike.nl/privacybeleid.
19.3 If, based on a statutory provision or a judicial decision, HIKE & BIKE is required to disclose confidential information to third parties designated by law or by the competent court and HIKE & BIKE cannot in this case invoke a legal or by the competent court acknowledged or permitted right to refuse to give evidence, HIKE & BIKE will not be held liable for damages or compensation and the traveler is not entitled to terminate the travel agreement on the basis of any damage resulting from this.
Article 20. Applicable law and competent court
20.1 Dutch law applies to the travel agreement.
20.2 All disputes regarding travel agreements between the traveller and HIKE & BIKE will exclusively be judged by the competent judge in the Netherlands within whose jurisdiction the place of business of HIKE & BIKE is located. The traveler has 1 month after HIKE & BIKE has invoked this clause in writing to the traveler, to choose the competent court according to law to settle the dispute.
RENTAL TERMS & CONDITIONS
If the main booker rents one or more items from HIKE & BIKE, then, without prejudice to the applicability of the aforementioned terms and conditions, the rental terms and conditions below shall apply.
Article 21. Rented
21.1 The rented object is the property of the lessor. HIKE & BIKE rents the rented object from the landlord and sublets the rented object to the head booker.
21.2 HIKE & BIKE declares to be authorized to sublet the rented object to the head booker.
Article 22. Taking delivery and registration
22.1 By taking possession of the rented object by the user, the rented object is deemed to have been received in good condition. If the rented object is not made available to the User in good condition, this must be reported to the Lessor immediately, so that the Lessor can investigate this and, if necessary, arrange for replacement.
22.2 Upon receipt by the User, the number or registration number of the rented object and the name of the User shall be registered by the Lessor. For information on how the lessor processes personal data, the user should consult the privacy policy of the relevant lessor. HIKE & BIKE is not responsible for the processing of personal data for the rental company.
Article 23. Security deposit
23.1 HIKE & BIKE is entitled to charge a deposit to the main booker. If a deposit will be charged, this will be communicated to the main booker before or at the conclusion of the travel agreement.
23.2 The deposit, provided that these general terms and conditions are met, will be returned to the account of the main booker after the landlord is back in possession of the rented object, possibly withholding additional costs owed by the main booker, such as cleaning or repair costs. If it appears that the deposit is not sufficient for the compensation of the damage to which HIKE & BIKE is entitled, the head booker will pay the excess, determined by HIKE & BIKE, above the deposit to HIKE & BIKE.
23.3 No interest will be paid on the deposit.
Article 24. Rent and expenses.
24.1 The cost of the rental is included in the travel price.
24.2 Costs for the use of the rented property, such as fuel costs are the responsibility of the user.
Article 25. Obligations of the chief booker and the user.
25.1 If the bicycle is an (electric) bicycle, then:
a. The bicycle may not be used on the beach or on sandy paths in the dunes. Sand tracks in the dunes may be used if no paved paths and/or roads can be used;
b. The bicycle must be properly locked when not in use.
25.2 The main booker guarantees that he or she or the user has the physical and mental condition necessary to use the rented bicycle safely.
25.3 The main booker is not allowed to rent out the rented object to a third party or to give the rented object in use (free of charge) to a third party, not being the specified user, without the permission of HIKE & BIKE.
25.4 The user is personally responsible for the goods and persons he transports in the rented object.
25.5 When using the rented object, all applicable statutory provisions and other regulations must be observed.
25.6 The rented object must be used in accordance with the instructions given by HIKE & BIKE and the rental company.
25.7 It is not allowed to make changes or have changes made to the rented object without prior permission from HIKE & BIKE or the rental company.
25.8 The rented object may not leave the Netherlands without prior permission from HIKE & BIKE.
25.9 If the master booker defaults in the proper observance of his obligations towards HIKE & BIKE, the master booker shall be liable for all damages on the part of HIKE & BIKE, such as the compensation or fine which HIKE & BIKE must pay to the lessor.
25.10 The master booker is obliged to ensure that the obligations and prohibitions of these general conditions are observed by the users of the hired object. The head booker is liable for all consequences of behaviors of users of the rented property, even if they did not have the consent of the head booker.
Article 26. Returning the rented property
26.1 Before the end of the rental period, the user must return the rented object to the landlord. The rental period is equal to the period of the trip, unless expressly stated otherwise to the main booker.
26.2 If the user does not return the rented object in time, HIKE & BIKE will be entitled to charge the daily rental price to the main booker for each whole or part of a day that the user is late in returning it.
26.3 The user shall return the rented object undamaged, clean and in the same condition as the condition of the rented object upon receipt of the rented object by the user to the lessor. All costs/damage charged by the lessor to HIKE & BIKE as a result of the user returning the rented object damaged and/or not clean and/or not in the same condition as upon receipt of the rented object by the user will be charged to the principal booking party by means of an invoice.
26.4 Earlier return of the rented object to the lessor will not lead to repayment of the rental price (or a part thereof).
Article 27. Insurance
27.1 If the rented object is insured by the lessor, this and any applicable excess will be communicated to the principal booker prior to the formation of the travel contract.
27.2 Damage not covered by the lessor's insurance, such as, but certainly not limited to, damage caused by the fact that the user, at the time of the accident, was under such influence of alcoholic beverages or any intoxicating or stimulating substance that he should be considered incapable of driving the rented property properly, or theft or destruction of the rented property, shall be entirely at the expense of the principal booking party.
27.3 If the principal booker has the option to insure the rented object against damage/theft during the rental period, this option will be made known to the principal booker before the conclusion of the travel agreement.
Article 28. In case of damage
28.1 The principal booking party is liable for damage to the rented object, including loss, theft or destruction of the rented object, occurring during the rental period up to the time the lessor takes possession of the rented object. If the damage is covered by the lessor's insurance and an excess applies, the principal booker shall be liable for the excess.
28.2 In the event of damage to the hired object, any event from which damage may arise, theft, loss or destruction of the hired object or the hired object has ended up in the water, the principal booker shall be obliged to:
a. Inform the lessor immediately by telephone;
b. To follow the instructions of the lessor;
c. To provide the lessor or the lessor's insurer, requested and unrequested, with all information and all documents relating to the event.
28.3 In the event of theft, loss or damage due to the rented property ending up in the water, the daily value of the rented property will be charged to the principal booker as compensation for the damage.
Article 29. Default
29.1 In case of a defect to the rented object during the rental period, the main booker is obliged to immediately inform HIKE & BIKE by telephone. HIKE & BIKE will in such case arrange for replacement, unless in the opinion of HIKE & BIKE it cannot be required from HIKE & BIKE considering the remaining term of the rental period. If the defect is caused by an act and/or omission of the user, the costs of replacement of the rented object will be charged to the principal booking party.
29.2 The user is not allowed to use the rented object in case of damage or a defect to the rented object if this can lead to an aggravation of this or to a reduction in safety. HIKE & BIKE can never be held responsible for a dangerous situation and/or damage which arises because the hired object is used after a defect to the hired object has been established.
29.3 A defect to the hired object caused by improper use of the hired object will be treated as damage by HIKE & BIKE.
29.4 The user is not allowed to carry out repair work on the hired object or to have it carried out.
Article 30. Fines
30.1 Fines received by HIKE & BIKE from the landlord and incurred during the rental period will be charged to the main booker by invoice.
Article 31. Risk and liability
31.1 HIKE & BIKE is not liable for any damage and/or injury which may be caused by the hired object to the user and/or third parties. The main booker must indemnify HIKE & BIKE and safeguard HIKE & BIKE from all claims, which third parties file against HIKE & BIKE, with regard to damage and/or injury caused by and/or because of the hired item. The use of the rented is entirely at own risk.
31.2 HIKE & BIKE is not liable for damage caused by improper use or use contrary to the user instructions of the rented, or by use of the rented for a purpose other than it is suitable according to objective standards.