General Terms of Business
The bicycle and how to use it
By accepting the rented bicycle the hirer of the bicycle acknowledges that it and all its accessories are safe, roadworthy, free of defects and clean. The hirer of the bicycle may only use it in the customary manner in compliance with the statutory regulations, in particular the German Highway Code (Strassenverkehrsordnung). He may not use it off road or for anything other than its designated purpose. The bicycle may only be ridden by the person hiring it. Without the written consent of the hire company the bicycle may not be used for test purposes, in the course of business or for illegitimate purposes.
Obligations on the part of the person hiring the bicycle
The person hiring the bicycle shall undertake to treat the bicycle with care and in compliance with the technical rules, and when parking it always to do so in a safe place and to lock it. The person hiring the bicycle shall undertake to notify the hire company of any defects that have become evident during the rental period when he returns the bicycle.
Should the bicycle require repair the hire company shall bear the costs unless the repair became necessary as a result of inappropriate treatment by the person hiring it or is the latter’s fault. In the latter cases the person hiring the bicycle shall be liable.
The person hiring the bicycle shall undertake to notify the hire company immediately if the bicycle is involved in an accident. In the case of an accident the person hiring the bicycle must provide the hire company with a detailed written report and must submit a sketch. The accident report must in particular include the names and addresses of those involved and those of any witnesses and must include the registration numbers of any vehicles involved.
The hire company is only liable in case of intent or gross negligence.
The person hiring the bicycle must return the bicycle in the same condition as it was in when he received it. The person hiring the bicycle is liable for the loss of and culpable damage to the bicycle and for breach of his contractual obligations. He must then reimburse the incidental costs of the damage. Where a third party reimburses the hire company for the damage, the person hiring the bicycle is released from the reimbursement obligation.
Return of the bicycle
The person renting the bicycle must return it to the hire company at the agreed location no later than the end of the agreed rental period. Return outside working hours is undertaken at the risk of the person hiring the bicycle. Any extension of the rental period requires the consent of the hire company before the rental period expires. If the bicycle is not returned promptly the person hiring it shall pay the hire company daily rental interest for each day commenced and, where relevant, shall make a further reimbursement payment. The hire company is entitled, within 3 working days of the bicycle’s return, to make an objection to the person hiring the bicycle in relation to any defects that have become evident for which the latter is liable.
No further side agreements have been made. Any amendments and additions to the agreement must be made in writing. Should individual contractual provisions be or become ineffective or invalid, this shall not prejudice the validity of the remaining provisions. It is agreed that the Munich courts have jurisdiction.