Complaints

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• Initial Complaint

  Date:09/28/2023

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  We rented malfunctioning equipment and did not receive any assistance or communication regarding how to handle the situation.No prior warning or advice was given against locking the bikes on the street.We secured the bikes with the locks provided.There exists a potential that the owner could be involved in a fraudulent activity where he reclaims the bikes, receives insurance money, and still charges us.The rental agreement does not explicitly state we are liable for the bikes under these circumstances.

  Business Response

  Date: 10/02/2023

  ~ Customers had the bikes for 4 out of 5 calendar days with no issues until they got 1 flat tire and made the decision to leave the bike outside overnight locked to an old ***** rack that wasnt secured to the ground. In the waiver they both read and signed it states in the Assumption of Risk. This is the same documents the credit card company reviewed in the dispute and they dropped the case.
  ASSUMPTION OF RISK,  WAIVER AND RELEASE AGREEMENT
  Assumption of Risk: I understand and accept that renting this bicycle and participating in biking exposes me to many hazards and entails unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property.  I also understand I should be in good physical health to participate in bicycling.  I choose to participate in bicycling in spite of these risks and hereby assume all risk of injury or loss of life to myself and loss of or damage to property arising out of renting this bicycle and participating in bicycling.  I understand the inherent risk involved in using this equipment, and accept full responsibility for any and all such damage or injury which *** result. 
  Waiver And Release: In consideration of Everybody's Bike Rentals LLC renting me this bicycle, I specifically release and forever discharge Everybody's Bike Rentals LLC and its affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which I *** suffer while renting this bicycle and participating in bicycling.  This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Everybody's Bike Rentals LLC  or its affiliates, officers, agents, or employees.  It is my intent by the Waiver And Release Agreement to release Everybody's Bike Rentals LLC  and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Everybody's Bike Rentals LLC  or whether based upon breach of contract, breach of warranty, or any other legal theory. In signing this document, I fully recognize that if injury, illness, death or damage occurs to me while I am engaged in renting this bicycle or participating in bicycling, I will have no right to make a claim or file a lawsuit against Everybody's Bike Rentals LLC  or its affiliates, officers, agents or employees, even if they or any of them negligently cause my injury, illness, death or damage.
  
  ~ Locking bikes on the street is typically safe but EBR can not guarantee that which is why one assumes the risk when renting anything from another..
  

  ~ Leaving the bikes locked to an unofficial rack that is rusted and not secured to the ground increases the risk of theft. Additionally the bikes were left there overnight which increases the risk of loss or theft immensely.
  
  ~ I have owned 2 bike shops in ********, one of which I was the president of the board for 14 years. Everybodys Bike rentals in my second shop and there's no way we would be in business for 12 years if we were not practicing honest and just services to our patrons. This is only the second time in all of our history that weve lost bikes this way and had to ring in the deposit.
  
  ~ The statements in the waiver including the Assumption of Risk are written by an attorney to cover the many different scenarios that *** occur without having to list each one specifically. We explicitly tell our customers the finer details in the shop so they know what theyre accountable for should something happen or in case they arent actually reading the waiver they are signing. The deposit slip is for that very purpose and serves as a receipt if for any reason at all, the bikes are not returned to us.
  I understand that this loss was a hard one to accept and we spoke about it extensively. My heart was broken along with the customers as Id mentioned. Theres no comfort in being victimized and it especially hurts while on vacation. Its a tough ****** to own, Ive been there several times.