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Terms Of Service
Bicycle Rental & Tour Agreement
IRONDEER | Bike Rental & Events | Nazaré, Portugal | NIF 313044767 | RNAAT N.º 295/2023
Parties
This Bicycle Rental and Tour Agreement ("Agreement") is entered into between:
Service Provider: Vladislav Goncharov, trading as IRONDEER, NIF 313044767, RNAAT N.º 295/2023, R. Prof. Lineu Soares Miranda 45, Nazaré, Portugal ("IronDeer", "we", "us", "our");
Client: the individual identified in the Signature Block below ("Client", "you").
By signing this Agreement, the Client confirms they have read, understood, and accepted all terms herein. This Agreement governs the rental of bicycles (including e-bikes, gravel bikes, and mountain bikes) and participation in guided tours offered by IronDeer.
IronDeer's Obligations
IronDeer commits to providing the following for every rental and tour:
A bicycle that has been mechanically serviced and verified as roadworthy prior to handover, as recorded in IronDeer's maintenance log.
An emergency repair kit (chain link, tyre levers, spare inner tube, mini pump, multitool) with each bicycle.
Civil liability and personal accident insurance coverage as specified in Section 3.2.
Remote telephone support during business hours for any mechanical issue arising during the rental period.
Identification of the nearest available service point in the event of an unrepairable breakdown beyond IronDeer's premises.
These obligations are provided in exchange for the Client's acceptance of the responsibilities set out in this Agreement. Nothing in this Agreement exempts IronDeer from liability for its own proven gross negligence or intentional misconduct.
1. Rental Services
1.1 Eligibility
Our Rental Services are available to individuals who are at least 18 years of age and hold a valid government-issued photo ID and a credit or debit card in their name. No driver's licence is required for standard bicycles or EPAC e-bikes (up to 250W / 25 km/h).
1.2 Reservations
Reservations may be made online or in person. Availability is not guaranteed until confirmed by IronDeer. All reservations require a valid credit or debit card on file.
1.3 Rental Period
The rental period begins when the Client takes possession of the bicycle and ends upon return to IronDeer's premises. Extension of the rental period requires IronDeer's prior written or electronic consent. The Client must remain contactable by phone throughout the rental period.
1.4 Rental Fees
Fees are based on the rental duration and any additional equipment or services selected. The Client is responsible for all fees associated with the rental, including fees for damage caused by misuse or negligence.
1.5 Security Deposit
A refundable security deposit of €200.00 (EUR) per bicycle is collected upon handover, separate from the booking deposit described in Section 4.1. The security deposit will be refunded in full upon return of the bicycle in the same condition as delivered, subject to deductions for damage caused by the Client. The deposit will be returned within 5 business days of return, or immediately if assessed on-site without dispute.
1.6 Condition and Use of Bicycle
The Client acknowledges receipt of the bicycle in good working order, as confirmed by signature on the Pre-Rental Inspection Checklist (Annex A). Prior to departure, the Client shall conduct a test ride of no less than 50 metres on IronDeer premises and confirm in Annex A that braking, steering, and handling are satisfactory.
IronDeer maintains a maintenance log for each bicycle. A copy of the most recent maintenance record is available upon request at the time of handover.
Once the Client signs Annex A and departs IronDeer premises, the bicycle is presumed to have been in good working order at the time of departure. This presumption may be rebutted only by an independent technical expert report (relatório pericial) submitted to IronDeer within 72 hours of the incident, or by the next available business day if the incident occurs on a Saturday, Sunday, or public holiday. The cost of obtaining such report is borne by the Client. Failure to submit the report within this period constitutes a waiver of any defect claim.
The Client undertakes to use the bicycle in a safe and lawful manner in accordance with all applicable Portuguese road traffic regulations and to return it in the same condition, allowing for normal wear and tear. Riding off designated trails or surfaces beyond the intended use of the rented bicycle model is prohibited and voids any IronDeer assistance obligations.
2. Guided Tours
2.1 Eligibility
Guided tours are available to individuals who are at least 18 years of age and hold a valid government-issued photo ID. No driver's licence is required for tours conducted on EPAC e-bikes (DL n.º 44/2005). The Client must be in sufficient physical condition to complete the selected tour. IronDeer reserves the right to refuse participation if the Client's physical condition is assessed as creating a risk to themselves or others.
2.2 Reservations and Cancellation by IronDeer
Tours may be booked online or in person. IronDeer reserves the right to cancel or modify any tour due to road, weather, or safety conditions. If a tour is cancelled by IronDeer prior to departure, the Client will receive a full refund. IronDeer shall not be liable for any additional costs (transport, accommodation, etc.) arising from a cancellation.
2.3 Tour Fees and Client Liability
Tour fees are based on the duration and type of tour selected, plus any optional equipment or services. The Client is responsible for fees and charges arising from damage to rented equipment caused by their own negligence or misuse during the tour. IronDeer's liability for personal injury or property damage during a tour is limited as set out in Section 3.
2.4 Tour Duration and Conduct
The tour duration is determined by IronDeer. The Client is responsible for arriving at the designated meeting point on time. IronDeer reserves the right to exclude any participant whose behaviour endangers other participants or IronDeer staff, or is materially disruptive to the tour, without refund or compensation.
2.5 Use of Bicycle During Tour
The Client shall use the provided bicycle in a safe and lawful manner throughout the tour. The bicycle described in this Agreement is operated under the sole responsibility of the Client, who is responsible for compliance with the Portuguese Highway Code (Código da Estrada), Civil Code, and Criminal Code.
2.6 Mechanical Failure During Group Tour
In the event of a mechanical failure during a group tour that cannot be remedied on-site, IronDeer reserves the right to: (a) continue the tour with the remaining participants while the affected Client returns independently to IronDeer's premises at their own expense; (b) carry out a temporary repair sufficient to complete the route; or (c) terminate the tour for all participants if continuation is not safely possible. In cases (a) and (b), no refund is due. In case (c), IronDeer may at its sole discretion offer a partial refund proportional to the distance completed. This discretion does not constitute an obligation and shall not be relied upon as a precedent.
Where the mechanical failure was caused by the Client, all costs of repair, replacement, and any on-site assistance remain the Client's responsibility under Section 6 and Annex A, irrespective of any tour interruption.
2.7 Client Injury During Tour
In the event of a Client injury during a guided tour, IronDeer will provide reasonable first assistance and contact emergency services (112) where the severity of the injury requires it. The Client acknowledges that IronDeer is not a medical provider and carries no liability for medical outcomes.
Where a Client is unable to continue the tour due to injury caused by their own fall, error, or misjudgement, no refund is due for the unused portion of the tour. The remaining participants may continue the tour at IronDeer's discretion.
Damage to the bicycle resulting from a Client fall or incident is governed by Annex A and remains the Client's financial responsibility regardless of any personal injury sustained. The existence of a personal injury claim does not suspend, reduce, or extinguish the Client's obligation to compensate IronDeer for bicycle damage.
IronDeer strongly recommends that all Clients carry personal travel and accident insurance covering cycling activities, medical evacuation, and repatriation. IronDeer's insurance does not substitute personal coverage.
3. Liability and Insurance
3.1 Limitation of Liability
The Client assumes personal responsibility for risks inherent to cycling activities, including physical exertion, road and terrain conditions, weather, and equipment use. IronDeer shall not be liable for damage or injury resulting from the Client's own negligence, recklessness, or failure to comply with this Agreement or applicable law.
In respect of property damage claims only (damage to the Client's personal belongings, equipment, or third-party property), IronDeer's total liability shall not exceed the rental fee paid by the Client for the specific booking giving rise to the claim, and only in cases of IronDeer's proven gross negligence or intentional misconduct.
Nothing in this Agreement limits or excludes IronDeer's liability for personal injury or death caused by IronDeer's gross negligence or intentional misconduct, as required by mandatory Portuguese law (Lei n.º 24/96, art. 16). The Client's rights under mandatory consumer protection law are not affected by any provision of this Agreement.
3.2 Insurance
IronDeer's bicycles are covered by the following insurance policies with Allianz Portugal:
Personal Accident (No. 206827471) - Death / Permanent Disability: €24,489.07; Medical Expenses: €4,286.72
Civil Liability (No. 206827445): €50,000.00
The Client acknowledges that insurance coverage is subject to the terms, conditions, and exclusions of the above policies and is not a substitute for personal travel or health insurance. Insurance maintained in compliance with Article 27 of Decreto-Lei n.º 108/2009, de 15 de maio, as amended by Decreto-Lei n.º 186/2015, de 3 de setembro.
3.3 Uninsured Risks
Theft, loss, or accidental breakage of the bicycle frame or wheels is not covered by any insurance policy held by IronDeer. The Client is fully responsible for the cost of replacement or repair in such cases, as specified in Section 6.
4. Cancellations and Refunds
4.1 Deposit and Payment Terms
A non-refundable deposit of 50% of the total booking value is required at the time of reservation for all standard rentals and tours. This deposit constitutes a sinal/arras within the meaning of Article 442 of the Portuguese Civil Code and is forfeited in full in the event of cancellation by the Client for any reason. The remaining 50% is due upon collection of the bicycle or at the start of the tour.
For bookings requiring additional preparation by IronDeer - including but not limited to custom route planning, logistics coordination, or pre-arranged services - IronDeer may require full payment (100%) at the time of booking. This condition will be communicated to the Client in writing (email, SMS, or WhatsApp) at the time of reservation. In such cases, the full amount paid is non-refundable upon cancellation by the Client for any reason.
IronDeer blocks reserved dates exclusively for the Client and declines other bookings for those dates. All amounts retained upon cancellation represent a genuine pre-estimate of IronDeer's lost revenue (lucro cessante) and are not a penalty.
4.2 Cancellation by Client
Cancellation by the Client for any reason, including illness, weather, or change of plans, does not entitle the Client to a refund of the deposit or, where full payment was required, of any amount paid. IronDeer strongly recommends that Clients obtain personal travel insurance covering cancellation risks.
4.3 Client Exclusion During Tour
IronDeer reserves the right to exclude any participant, before or during a tour, whose conduct endangers other participants or IronDeer personnel. No refund or compensation will be issued in such cases.
4.4 Force Majeure
IronDeer reserves the right to cancel or modify tours or rentals due to force majeure circumstances (including but not limited to extreme weather, natural events, acts of authority). In such cases, IronDeer shall not be liable for any costs beyond the refund of the rental or tour fee paid.
4.5 IronDeer Pre-Rental Cancellation
IronDeer reserves the right to cancel a rental reservation before the bicycle is handed over to the Client, in which case a full refund will be issued. IronDeer shall not be liable for any consequential costs or compensation beyond the refund of amounts already paid.
5. Intellectual Property
5.1 Ownership
IronDeer owns all intellectual property rights in its services, website, logos, and related content. The Client may not use IronDeer's intellectual property without prior written permission.
5.2 Feedback
By submitting feedback, suggestions, or comments about IronDeer's services, the Client grants IronDeer a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable licence to use, reproduce, modify, publish, and distribute such feedback in any media for any lawful purpose.
5.3 Photography and Media Consent
IronDeer may photograph or film participants during tours and events for use in promotional and marketing materials. The Client's consent is obtained in the Signature Block below. A Client who does not consent will not be photographed. Withdrawal of consent after signing must be submitted in writing to info@irondeer.pt.
6. Damage, Loss, and Penalties
6.1 Reporting Obligation
The Client must immediately report any damage, loss, or theft of rented equipment to IronDeer by telephone. Failure to report immediately may result in the Client bearing full replacement costs without the benefit of any applicable mitigation.
6.2 Component Damage Schedule
In the event of damage caused by the Client, the amounts in Annex A will be deducted from the security deposit or invoiced directly. All amounts are agreed pre-estimates of loss (liquidated damages). If actual repair cost exceeds the scheduled amount, IronDeer reserves the right to invoice the documented cost.
6.3 Client's Personal Liability
By signing this Agreement, the Client expressly acknowledges sole personal responsibility for all amounts payable to IronDeer under this Agreement. Where the security deposit is insufficient to cover damage, the balance is immediately due and payable by the Client upon IronDeer's written demand.
6.4 Breakdown Assistance and On-Site Repair
The bicycle is handed over in fully serviced and mechanically verified condition, as confirmed by the Client's signature on Annex A. Any mechanical failure occurring after departure is the responsibility of the Client, except where the Client demonstrates by independent technical expert report submitted within 72 hours of the incident (or the next available business day if the incident falls on a weekend or public holiday) that the failure was caused by a latent defect not detectable by reasonable visual inspection at the time of handover.
IronDeer will provide remote telephone diagnosis at no charge. The Client must contact IronDeer immediately upon any mechanical failure.
|
Scenario
|
Client's Responsibility / Cost
|
|---|---|
| Issue resolved remotely | No charge. Client continues the rental. |
| Nearest open bike shop found | Client travels to the shop and pays for all repairs. Client retains receipt for records. |
| No open shop – IronDeer on-site assistance within 100 km | Subject to IronDeer's availability. Client pays: €1.50 per km (return journey) + parts at cost + labour at €50.00/hour. Payment due on-site before departure. |
| No open shop – beyond 100 km or IronDeer unavailable | Client arranges and pays for their own return transport. The bicycle must be returned to IronDeer's premises. Rental charges continue until the bicycle is physically returned. |
IronDeer's on-site assistance is offered at IronDeer's sole discretion and is not guaranteed. Unavailability of on-site assistance does not constitute a breach of this Agreement or entitle the Client to any refund or compensation.
7. Delayed Return
The Client must notify IronDeer by telephone of any delay before the agreed return time. Late return fees are charged at €10.00 per hour of delay, accruing from the agreed return time.
In the event of non-return exceeding 24 hours without prior notification from the Client, IronDeer reserves the right to pursue civil legal proceedings for recovery of the bicycle and compensation for all associated losses, including but not limited to loss of rental income and full replacement cost of the bicycle. IronDeer further reserves the right to report the bicycle as stolen to the competent authorities (PSP or GNR) if the Client is unreachable and the bicycle has not been returned.
8. Breakdowns, Accidents, and Theft
8.1 Client Reporting Obligation
The Client must contact IronDeer immediately in the event of any breakdown, accident, theft, or incident during the rental period.
8.2 Latent Defects
IronDeer accepts liability only for latent defects (vícios ocultos) that: (a) existed at the time of handover; (b) were not detectable by reasonable visual inspection; and (c) are demonstrated by an independent technical expert report submitted within 72 hours of the incident, or the next available business day if the incident falls on a weekend or public holiday. In all other cases, costs of repair are borne by the Client.
8.3 Damage Caused by Client
Costs of towing and repair arising from damage caused by the Client's negligence, misuse, or failure to comply with this Agreement shall be borne by the Client.
8.4 Theft
The Client is responsible for securing the bicycle at all times using the lock provided by IronDeer, attached to a fixed and immovable structure whenever the bicycle is left unattended. The Client must not leave the bicycle unattended overnight in any public place or unsecured location.
The Client expressly acknowledges that no locking mechanism provides absolute protection against theft, and that the risk of theft passes entirely to the Client upon departure from IronDeer's premises, regardless of what security measures were taken. Compliance with the minimum locking requirement above does not exempt the Client from liability for the full replacement cost of the bicycle and all accessories in the event of theft, as listed in Annex A.
In the event of theft, the Client must: (a) immediately file a formal criminal complaint (queixa-crime) with PSP or GNR; (b) deliver a copy of the complaint receipt to IronDeer within 24 hours; and (c) remain available to assist IronDeer with any insurance or legal process. Failure to file a complaint or deliver the receipt within 24 hours entitles IronDeer to treat the absence of the bicycle as a non-reported loss and invoice the full replacement cost immediately without further notice.
8.5 Accidents and Personal Injury
In the event of an accident resulting in personal injury, the Client or any other participant must: (a) call emergency services (112) immediately if the injury requires medical attention; (b) not move an injured person complaining of neck, back, or spinal pain until emergency services arrive; (c) request an official report from PSP or GNR; and (d) deliver a copy of the official report to IronDeer within 24 hours of the incident.
IronDeer will provide the exact GPS coordinates of the incident location to emergency services upon request. The Client is responsible for remaining at the scene until emergency services arrive, unless their own safety requires otherwise.
IronDeer will document the condition of the bicycle at the scene with photographs as soon as the Client's safety is assured. The Client must not move, alter, or remove any component of the damaged bicycle prior to IronDeer's photographic documentation. Any alteration of the bicycle's post-incident condition by the Client prior to documentation voids any latent defect claim.
8.6 Identity Disclosure
The Client expressly agrees that IronDeer has the right to disclose the Client's identity to competent authorities if the Client is suspected of having committed a criminal offence in connection with the rented bicycle.
9. Data Protection (GDPR)
IronDeer, as data controller, processes the Client's personal data (name, address, phone number, document number) for the following purposes:
Execution and performance of this Agreement;
Compliance with legal obligations (including tax and insurance requirements);
Defence of IronDeer's legal claims in the event of damage, loss, or non-payment.
Legal basis: performance of a contract (Art. 6(1)(b) GDPR) and legitimate interest (Art. 6(1)(f) GDPR).
Retention period: personal data will be retained for 3 years from the date of this Agreement, corresponding to the applicable civil limitation period under Portuguese law, after which it will be securely deleted.
The Client has the right to access, rectify, erase, or restrict processing of their personal data, and the right to lodge a complaint with the CNPD (Comissão Nacional de Proteção de Dados) at www.cnpd.pt. Complaints relating to tourist animation services may also be submitted to Turismo de Portugal, I.P., at turismodeportugal.pt. Requests may be submitted to: info@irondeer.pt.
10. Miscellaneous
10.1 Governing Law
This Agreement is governed by the laws of Portugal. Any dispute arising from this Agreement shall be submitted to the exclusive jurisdiction of the Tribunal da Comarca de Leiria.
10.2 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the rental of IronDeer bicycles and participation in IronDeer tours, and supersedes all prior agreements and understandings, whether written or oral.
10.3 Amendments
IronDeer may update this Agreement template for future bookings. Any amendment will be communicated to prospective clients at the time of booking. Amendments do not affect agreements already signed and in force.
10.4 Severability
If any provision of this Agreement is found to be unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
10.5 Livro de Reclamações
IronDeer maintains a physical and electronic Livro de Reclamações (complaints book) as required by Portuguese law (DL n.º 156/2005, as amended). The electronic complaints book is accessible at www.livroreclamacoes.pt. The competent authority for handling complaints is ASAE (Autoridade de Segurança Alimentar e Económica).
10.6 Pre-Complaint Procedure and Chargeback Waiver
Prior to initiating any legal or regulatory proceedings, the Client must submit a written complaint to IronDeer at info@irondeer.pt. IronDeer will respond within 5 business days. The Client acknowledges that all payments made under this Agreement are made in exchange for services rendered and waives the right to initiate a chargeback or card payment dispute in respect of any payment where the agreed services were provided by IronDeer.
Signature Block
Agreement No.: Date of Signing:
Full Name / Nome Completo: Document No. / N.º Documento: Phone / Telefone: Email: Model / Modelo: Serial No. / N.º de Série: Date Start / Hora Início: Date End / Hora Fim:
Photo/video consent: ☐ I consent ☐ I do not consent
☐ I confirm that English is a language I understand and that I have read this Agreement in full without assistance.
☐ I confirm receipt of the bicycle in good working order, agree to all terms of this Agreement, and waive the right to initiate a chargeback for services rendered by IronDeer.
Client Signature / Assinatura do Cliente: IronDeer Representative / Representante: Date / Data:
Annex A – Inspection & Liability Schedule
Integral part of the Bicycle Rental & Tour Agreement
Agreement No.: ____ | Date: | Client:
This Annex forms an integral and inseparable part of the Agreement. By signing below, the Client confirms all items below.
A.1 - Bicycle Details
Model / Modelo: Serial No. / N.º de Série: Date Start: Date End:
A.2 - Pre-Rental Inspection
The Client confirms they personally checked each item below before departure and completed a test ride of at least 50 metres.
|
Inspection Item
|
Checked
|
|---|---|
| Front brake – lever travel and pad contact | ✓ |
| Rear brake – lever travel and pad contact | ✓ |
| Handlebar stem clamp – no movement | ✓ |
| Saddle height and clamp secure | ✓ |
| Front tyre – pressure and condition | ✓ |
| Rear tyre – pressure and condition | ✓ |
| Front wheel axle secure | ✓ |
| Rear wheel axle secure | ✓ |
| Chain and drivetrain functional | ✓ |
| Gear shifting front and rear | ✓ |
| Frame – no visible cracks or damage | ✓ |
| Pedals tight and functional | ✓ |
| Test ride completed – braking and handling satisfactory | ✓ |
| Client briefed on route difficulty, terrain type, and required riding skills | ✓ |
| Client confirms sufficient physical condition to complete the selected activity | ✓ |
☐ No defects noted at handover
A.3 - Damage & Replacement Liability
All amounts are agreed pre-estimates of loss (liquidated damages). If actual repair cost exceeds the scheduled amount, IronDeer reserves the right to invoice the documented cost.
Frames
Frame surface damage is chargeable where both criteria are met: (a) the damage is located on surfaces not typically exposed to road debris during normal riding (top tube, head tube, upper seat tube, fork crown, handlebar); and (b) the damage penetrates through the paint or clear coat to the frame material, or shows paint deformation consistent with impact. Surface abrasion on lower tubes, chainstays, and bottom bracket area consistent with normal riding is normal wear and tear and is not chargeable.
|
Frame Damage
|
Amount
|
|---|---|
| Localised paint damage up to 10 cm² | €80.00 flat rate |
| Extensive damage or full repaint required | Professional repaint invoice |
| Protective film replacement | At cost |
| Frame breakage or structural damage | Manufacturer retail price |
Wheels (per wheel)
|
Category
|
Per Wheel
|
|---|---|
| E-bike – any wheel | €200.00 |
| MTB – any wheel | €100.00 |
| Gravel / Road – aluminium | €100.00 |
| Gravel / Road – carbon | Manufacturer retail price |
Components
All components damaged through the Client's misuse, impact, or negligence are charged at the authorised Shimano service centre retail rate on the day of the incident, with the exceptions below.
|
Exception
|
Cost
|
|---|---|
| Fork | Manufacturer retail price |
| Suspension unit – MTB / e-bike | Manufacturer retail price |
| E-bike fork – surface coating damage (anodizing scratch requiring professional restoration) | €100.00 |
Full Replacement – Loss or Theft
|
Model
|
Replacement Cost
|
|---|---|
| RISE H15 | €5,000.00 |
| WILD FS H20 | €4,500.00 |
| URRUN 30 | €3,500.00 |
| ALMA M50 | €1,500.00 |
| Gravel bike | €2,000.00 |
Client Declaration
By signing below, the Client confirms:
I personally inspected each item in A.2 above.
I completed a test ride of at least 50 metres and found the bicycle in good working order.
Any claim of pre-existing defect after departure requires an independent expert report within 72 hours (or next business day if the incident falls on a weekend or public holiday).
I accept the damage and replacement amounts in A.3 as reasonable and binding.
This Annex is part of the Agreement and is binding upon my signature below.
Full Name / Nome: Date & Time / Data e Hora: Signature / Assinatura:
IRONDEER | RNAAT N.º 295/2023 | +351 935 852 244 | info@irondeer.pt | R. Prof. Lineu Soares Miranda 45, Nazaré | irondeer.pt