Giant AnyRoad Bicycle 2015

General terms and conditions for bike rental.

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 service from Vietnam Cycling
Vietnam Cycling: Vietnam Cycling, the company offering the bike rental services according to these terms and conditions
Rider: the person actually riding the bicycle
Written: in writing or electronically

Article 1: applicability

These general terms and conditions apply to all contracts between Vietnam Cycling and customers for bike rental, including accessories like helmets and child seats.

Article 2: offer and agreement

1. According to the wishes of the customer, Vietnam Cycling makes a written or oral offer. The offer contains (where applicable) the name of the service (bike rental), rental period, and price. Furthermore, it states the opening hours and telephone number of the company, the manner of payment, and the type of deposit.

2. The contract is established when the customer accepts an offer from Vietnam Cycling.

3. Vietnam Cycling will retain ownership of rented bikes and accessories at all times.

Article 3: price and duration

1. The customer is not allowed to return a rented bicycle after the date and time stated in the contract. Bikes must be returned to the same garage/shop and during the business hours of Vietnam Cycling (9.00am-17.00pm).

2. One day is considered to be 24 hours.

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

4. For each hour that the rental period is exceeded Vietnam Cycling is entitled to charge customers 20% of the daily rental price on top of the actual rental price, with a maximum charge of 5 hours for the first day. For each following day, a maximum of 150% of the rental price can be charged.

If the bicycle is not returned on time, Vietnam Cycling is entitled to take back the bicycle immediately.

Article 4: cancellations

1. When customer cancels a bike rental:

• Up until 4 days before the start of the bike rental, 0% of the price will be charged.
• Between 4 and 1 day(s) in advance, 50% of the price will be charged.
• 1 day or less in advance, 100% of the price will be charged.

2. Regarding cancellations, noon (12.00pm, local Hanoi time) on the day of the start of the bike rental will be taken as the countdown moment. For example, a cancellation on the 1st of the month at 12.05pm for a bike rental on the 2nd will be charged 100%; a cancellation at 11.55am on the 1st will be charged 50%.

3. Cancellations outside of business hours can only be made via e-mail.

Article 5: payment and deposit

1. Payment for the bike rental needs to be done in advance.

2. A deposit is needed for each bike (except for bikes used on the tour). The deposit consists of a photocopy of a valid ID and USD 800 – 1500 (to be paid in cash).

3. The deposit will be paid back in cash as soon as the bicycle is returned. In the event of damage for Vietnam Cycling, the amount charged for the damage will be subtracted from the deposit.

Article 6: obligations for the customer

1. Customer must treat the bicycle well and in accordance with its actual purpose.

2. Customer must return the bicycle to Vietnam Cycling in its original condition. Any changes or additions by or on behalf of the customer must be undone.

3. By renting a bicycle, the customer declares to be:

• In good physical condition, i.e. not suffering from any medical diseases or complaints that influence their riding ability.
• Able to properly ride a bicycle.

4. Vietnam Cycling reserves the right to judge the capacities and abilities of a customer or rider prior to the use of a bicycle.

5. The customer must obey all traffic laws and instructions from Vietnam Cycling staff.

6. The customer/rider must behave as a good renter/rider, which means he:

• Is not permitted to sublet or sublease the bicycle.
• Is not permitted to give the bicycle to a person other than the rider.
• Is not permitted to take the bicycle outside of Vietnam.
• Is not permitted to ride on a bike with more than 1 person or 1 adult with 1 kid when the bike is provided with a child seat.
• Must ensure that the person who is contractually indicated as the rider is legally permitted, and physically and mentally fit enough to ride a bicycle.
• Must secure loads on the bicycle with due care.
• 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 7: additional instructions for the customer

1. The customer must return the bicycle in a clean condition. Cleaning costs with a minimum of USD 2 may be charged.

2. Customers must bring a copy of the contract with them upon returning the bike.

3. Each bike is equipped with 1 lock. Customers must never leave the bicycle unattended unless properly locked. Vietnam Cycling staff will demonstrate correct use of the locks.

4. At the start of the rental, the customer needs to check the bicycle and report any possible defects to Vietnam Cycling staff. When the defect(s) cannot be repaired instantly, the customer is permitted to have a replacement bike. As soon as the customer leaves the Vietnam Cycling shop, he accepts the condition of the bicycle.

5. In case any problems with the bicycle occur in Hanoi, the customer needs to visit Vietnam Cycling shop in Hanoi (Alley 175 Hong Ha Street, Ba Dinh, Hanoi). Vietnam Cycling does not reimburse any repairs performed by other companies. When the damage occurs outside of Hanoi, Vietnam Cycling 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, Vietnam Cycling by telephone +84(0)981822624, AND;
• The customer bought the assurance service.

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

• Inform Vietnam Cycling as soon as possible (by visiting the shop or by telephone: +84(0)981822624.
• Follow instructions from Vietnam Cycling.
• 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 Vietnam Cycling as soon as possible.

Article 8: obligations for Vietnam Cycling

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

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

3. Vietnam Cycling will inspect the bicycle for any damage immediately after it is returned.

Article 9: customer’s liability for damage

1. The customer is liable for any damage to Vietnam Cycling related to the bike rental unless the damage is caused by a violation of the obligations stated in article 8.

2. The customer is liable for actions and omissions of the rider(s) and other users of the bicycle(s) comprised by the contract, even if they didn’t have the customer’s permission to use the bike.

3. The customer must respect all rules and regulations. The customer uses the bicycle on his own responsibility. If customer infringes any rules or regulations, Vietnam Cycling can by no means held liable.

4. In the event of loss, theft, or damage of the bicycle, Vietnam Cycling is entitled to charge a (maximum) compensation of:

Bicycle: USD1000 for a Trek bicycle, USD1200 for a Giant AnyRoad bicycle, and USD1500 for an e-bike.

Bike Parts: saddle USD20, lock USD40, lights set USD20, chain case USD15, fork USD30, luggage rack USD20, bell USD5, key for lock USD15, gear changer USD15, basket USD15, stand USD10, mudguard USD10, entire back wheel USD50, entire front wheel USD40, tire damaged by skidding USD20, gear system USD150, e-bike battery USD400, e-bike charger USD350, and wheel with electrical engine USD500.

Accessories: helmet USD25, cable lock USD40, ring lock USD20.

Prices for parts that are not mentioned are determined by the Vietnam Cycling staff. The hourly rate for repairs is USD10.

Article 10: dissolution of the contract

1. Vietnam Cycling 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.

2. If Vietnam Cycling is entitled to seize the bicycle(s), customer must offer full cooperation.

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

4. Vietnam Cycling is not liable for any damage caused by dissolution of the contract.

Article 11: applicable law

The contract is governed by the law of Vietnam.