General terms and conditions
Art. 1 General
1.1 The rental agreement is entered into for the period as stated on the rental agreement. Date and time of termination of the rental agreement will always be determined within the opening hours of the rental company.
1.2 The hirer is obliged to return the hire bicycles to the landlord's address stated on the hire agreement at the latest, unless the hire period has previously been extended with the landlord's permission.
1.3 If the hire bicycle has not been returned to the lessor by the end date specified in the hire agreement, which may have been extended, the hire agreement will continue under the same provisions up to and including the day on which the hire bicycle is once again in the possession of the lessor, on the understanding that the hire charge for the period of excess will be the hire charge applied by the lessor per day, plus a surcharge of 50% per day up to and including the day on which the hire bicycle is once again in the possession of the lessor. If the hire period is exceeded, the lessor is entitled to declare the hire agreement terminated without judicial intervention and to take back or reclaim the hire bicycle immediately.
Art.2 Rental sum and payment
2.1 The rental sum is determined on the basis of the rates applicable within the company of the rental company at the time of entering into the rental agreement.
2.2 Unless otherwise agreed, payment of the rental sum must be made in cash at the start of the rental period.
2.3 If the rent is not paid in cash or is paid at the agreed time, the lessor shall at that time be entitled to charge interest of 1% per month for the amount due. The remaining part of the month from the time the payment should have been made shall be regarded as a whole month.
2.4 If the Tenant remains in default of payment of the amount owed by him even after summons, the Tenant shall be obliged to reimburse the Landlord for the extrajudicial costs associated with collection. The extrajudicial costs shall be set at 15% of the principal sum due.
2.5 If the landlord has instituted legal proceedings against the claim, the tenant shall be obliged to reimburse the landlord for the actual costs involved in the proceedings.
Art.3 Security deposit
The deposit mentioned in the tenancy agreement shall serve to pay all that the lessor owes on account of the tenancy agreement, without prejudice to the lessee's obligation to pay the lessor any remaining amount due after settlement with the deposit.
Art.4 Use
4.1 The rental bike may only be used in accordance with its normal purpose and the passenger named in the rental agreement.
4.2 The renter must return the rental bike to the rental company in the state in which it was received and clean.
4.3 If hard roads or paths are not used, the rental bike may not under any circumstances be used on unpaved roads.
4.4 During the rental period, the costs associated with the use of the rental bike shall be borne by the renter.
Art.5 Damage, loss and theft
5.1 During the rental period, the renter is liable for all damage to the rental bike, whatever the cause. In the event of damage to the rental bike, the deposit will not be returned. If the amount of damage exceeds the deposit paid by the Hirer, the Hirer is obliged to pay the Lessor the amount by which the deposit is exceeded.
5.2 The hire bicycle is not insured against liability or hull damage.
5.3 The rental bike is insured against theft if the lessee has taken out theft insurance with the lessor in advance, if the rental bike is locked with the fixed lock, if the lessee can provide the lessor with the original bicycle key and if the lessee can present a police report. In the event of theft, the deposit will not be returned.
5.4 If the lessee has not taken out bicycle insurance with the lessor in advance, the lessee shall be fully liable for the amount determined by the lessor according to normal standards.
5.5 The lessor is not liable for any damage, direct or indirect and of whatever nature, irrespective of the way in which it occurred and the persons by whom it was caused, except insofar as the damage is the result of intent or conscious recklessness on the part of the (employees) of the lessor, in which case the lessor shall only be obliged to reimburse the damage up to a maximum of the amount paid out by its insurance company.