Bicycles for rent
Public Offer Agreement
for bicycles and accessories rental
The Mir Castle Complex Museum, hereinafter referred to as "the Landlord", represented by the director Aliaksandr Loika, acting on the basis of the Charter, concludes this Agreement with any person hereinafter referred to as "the Tenant". The contract is an agreement on the provision of bicycles and accessories rental, concluded by means of a public offer, and it regulates the rules of rental provision and the obligations arising in this connection between "the Landlord" and "the Tenant" hereinafter referred to as the "Parties". The text of this Agreement is available on the website: www.mirzamak.by and on the information stand in the hotel lobby on the 1st floor.
- The Subject of the agreement
1.1. Under this agreement the Landlord undertakes to provide the Tenant with a bicycle (s) and accessories, for a fee in temporary possession and use.
1.2. Information about the bicycle (s) is indicated in the price list on the information stand of the Museum Hotel and on the website www.mirzamak.by.
1.2.2. The transfer of the bicycle (s) and accessories to the Tenant is carried out after signing the act of reception and transmission of bicycles, accessories by the Parties and after paying the rental cost.
1.3. The Place of document registration and transmission of bicycles, accessories: Mir Township, Krasnoarmeyskaya Street 2, the premises of the hotel administration.
1.4. The Place of return: Mir Township, Krasnoarmeyskaya Street 2, the premises of the hotel administration.
1.5. This Agreement is a public contract (Article 396 of the Civil Code of the Republic of Belarus), according to which the Landlord undertakes to lease bicycles in respect of an indefinite number of persons (Tenants) who have applied to the Landlord.
1.6. The present contract is a public offer of the Landlord, addressed to an indefinite circle of persons, to conclude this Agreement (Clause 2 of Article 407 of the Civil Code of the Republic of Belarus).
1.7. The conclusion of this Agreement is made by joining the Tenant to this Agreement, i.e. by accepting the terms of this Agreement by the Tenant as a whole, without any conditions, exceptions and limitations (Article 398 of the Civil Code of the Republic of Belarus).
1.8. The fact of accepting the terms of this Agreement by the Tenant is making payment by the Tenant for the rental in accordance with the procedure and on terms determined by this Agreement (Clause 3, Article 408 of the Civil Code of the Republic of Belarus).
1.9. This Agreement, on condition of compliance with the procedure of its acceptance, shall be deemed to be concluded in a simple written form (Clause 2, Clause 3 of Article 404 and Clause 3 of Article 408 of the Civil Code of the Republic of Belarus).
2. CALCULATIONS FOR RENT
2.1. The rent is set in the form of payment according to the price list. The rent is paid in advance, for the planned rental time. Price lists for bicycles rental are available on the information stand of the Museum Hotel and on the website www.mirzamak.by.
2.2. The Tenant can be a person who has reached the age of 18 and is obliged to present a passport to note his data in the journal of training and familiarization with Chapter 20 of the Traffic Regulations of the Republic of Belarus (hereinafter referred to as the TR of the Republic of Belarus), as well as with the act of reception and transmission of bicycle (s) and accessories. After signing the agreement, the Tenant is responsible for the bicycle (s) and accessories.
2.3. Tenants who are individuals pay for the rental in cash at the Mir Castle Complex Museum ticket-office or by bank transfer (bank card).
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 The Landlord is obliged:
3.1.1. To provide the Tenant with a bicycle(s) and accessories in a technically sound condition, in accordance with the terms of the rental agreement and the assignment of the property.
3.1.2. To Check the serviceability of the rental bicycle (s) in the presence of the tenant, familiarize the Tenant with the main technical rules of its operation, with the current Traffic Regulations of the Republic of Belarus (Chapter 20 "Traffic on bicycles and mopeds"), with a memo on safe operation of bicycles.
3.1.3. To replace the bike with another one, if any, in case of a failure that occurred due to the fault of the Landlord, as well as in case of a scheduled maintenance (repair).
3.1.4. To notify the law enforcement authorities about the fact that the bicycle has not been returned after the rental period. The Landlord shall not be liable for any possible adverse consequences for the Tenant related to informing the law enforcement authorities of the non-return of the vehicle within the prescribed period. (Loss of business activity and profit of the Tenant, etc.).
3.1.5. To provide the Tenant, during the rental agreement period, consulting and information assistance on technical issues related to the operation of the bicycle (s).
3.2. The Tenant is obliged:
3.2.1. To take care of the bicycle (s) during using it (them). To take measures to maintain the proper technical condition and appearance of the bicycle (s) during the whole term of this agreement. To keep to the Traffic Regulations of the Republic of Belarus and the rules for safe operation of bicycles when driving.
3.2.2. Not to repair the rented bicycle (s) on his/her own without the consent of the Landlord.
3.2.3. To ensure the safety of the bicycle (s) and additional equipment from the moment of receipt until its (their) returning to the Landlord.
3.2.4. When stealing, causing damage to the bicycle (s), to inform the Landlord about it within two hours. If the bicycle (s) is/are stolen, to report this in writing to the law enforcement authorities at the place where the theft took place. In case of damage caused to the bicycle (s) as a result of illegal actions of third parties, to inform the authorities at the place where the damage was caused.
3.2.5. Not to transfer the rental bicycle (s) and driving it (them) to others.
3.2.6. The Tenant is obliged to return the bicycle (s) to the Landlord within the time specified in this agreement in a technically sound condition, with the appropriate equipment at the end of the rental period. The returned bicycle must be clean. The technical condition of the bicycle must correspond to its technical condition at moment of the rental beginning, taking into account its normal wear and tear.
3.2.7. In case of mechanical damage caused to the bicycle, the Tenant pays for the cost of repairs, spare parts, downtime and delivery to the repair place.
3.2.8. In case of the loss of a bicycle or its complete constructive destruction through the fault of the Tenant, the Tenant undertakes to pay its full cost.
3.2.9. In case of equipment breaking, the Tenant bears all the costs of transporting the equipment to the rental place.
3.3. The Tenant has the right:
3.3.1. To use the rented bicycle (s) for personal, family consumption, provided that the rented bicycle (s) is operated in accordance with its design and operational features and capabilities.
3.3.2. To demand from the Landlord to transfer the bicycle (s) in a condition that corresponds to this rental agreement, to conduct a check (demonstration) of the serviceability of the rented bicycle (s), to familiarize him/her with a memo on the safe operation of bicycles.
4. GUARANTEES OF THE LANDLORD
4.1. The Landlord guarantees that the bicycles (s) and accessories to be rented are in good technical condition
5. LIABILITY OF THE PARTIES
5.1. When returning the rented bicycle (s) and accessories with a delay of more than 30 minutes, to pay the Landlord a rent for an additional hour of hire.
5.2. In case of loss, replacement or deterioration of aggregates, assemblies, parts, wheels, tires during the period of validity of the rental agreement, the Tenant shall compensate the costs related to the restoration of the lost property to the Landlord.
5.3. The Tenant does not have the right to object to the Landlord’s demand for compensation for the damages caused to the property interests of the Landlord due to the following circumstances:
- theft of the bicycle (s) and accessories;
- damage caused to the bicycle and accessories.
5.4. If the Landlord reveals the facts of an unauthorized replacement of the units, aggregates or parts of the rented bicycle (s), the Tenant shall pay the Landlord a penalty in the amount of the retail value of the units and equipment.
6. TERM OF THE AGREEMENT
6.1. This agreement comes into force from the moment it is signed by the Parties.
6.2. This agreement ceases to be valid after the expiry of the period specified in "The Subject of the contract". The expiration of the rental period entails the termination of the rights and obligations of the Parties under it, but does not relieve the Parties of responsibility for violations, if any occurred while fulfilling the conditions of this contract during the rental period.
6.3. This agreement is valid until the bicycle (s) and accessories are delivered to the Landlord.
7. FINAL PROVISIONS
7.1. The bicycles are not insured, in case of an accident, the Tenant is fully responsible for the damage done to himself, to the bicycle, the surrounding people and objects. We provide you with bicycles in good condition, and we must get them back in the same condition. The bicycles must be returned clean and without deterioration in consumer qualities and appearance. The Tenant is obliged to treat the bicycle carefully, to ensure that it is not broken or stolen. Leaving a bicycle, the Tenant undertakes to fasten it to an immovable object (wood, pillar, bicycle stand, etc.). However, we recommend, if possible, not to leave the bicycle unattended and not to leave it outside for the night, even fastened. In case of theft, breakage or loss of the bicycle and accessories, the Tenant undertakes to compensate their market value and / or the cost of repairs.
7.2 From the moment of receiving the bicycle (s) for use, before handing it over to the Landlord, the Tenant is the user of the rented vehicle and in accordance with the current legislation of the Republic of Belarus, bears civil liability to third parties for damage caused by a rented bicycle (road accident, pedestrian collision).
7.3 The Tenant is aware of and takes risks associated with the using of the bicycle. The Landlord shall not be liable for the life and health of the Tenant.
7.4. The Parties undertake to resolve all disputes and disagreements related to this Agreement by negotiations.
7.5 If the Parties fail to resolve all disputable issues in the manner prescribed in 7.4. of this Agreement, all the disputes arising from this Agreement, including those related to its conclusion, modification, termination, execution, invalidity, shall be resolved in court in accordance with the legislation of the Republic of Belarus.