Rental Contract Template
A Condition of the Bicycle, Repairs, Equipment
- the renter undertakes to treat the bicycle with care. He shall observe all relevant regulations for the use of such a bicycle (in particular the Austrian STVO) and shall check at regular intervals during the rental period whether the bicycle is still in an operational and roadworthy condition. Before riding the bicycle, the Renter shall inform himself/herself about the correct operation of the bicycle by means of the manual provided and shall comply with the relevant regulations and recommendations (in particular, regular checks of the brakes and chain lubrication).
- damage already existing on the bicycle at the time of takeover shall be reported by the renter to the lessor immediately, i.e. before the start of the ride, unless such damage is already recorded on the rental agreement. If the renter does not report such damage immediately, it shall be deemed to have been caused by him, unless he proves otherwise (this reversal of the burden of proof shall not apply if the renter is a consumer within the meaning of the Consumer Protection Act).
- any case of damage during the rental period must be reported to the lessor immediately, via the electronic damage protocol, or if not possible per e-mail or phone.
B: Reservations, right of withdrawal
- the renter has the right to withdraw from the contract within 14 days from handover of the rental object without giving reasons.
C: Documents to be presented, authorized drivers
- the renter must present an identity card or passport at the time of handover.
- the renter must be of age.
- the bicycle may be driven only by the renter himself.
- the renter shall be liable for the actions of persons to whom - with or without the consent of BIKESLY - the renter has entrusted the bicycle (or to whom those persons to whom the renter has entrusted the bicycle entrust the same), in full, as for his own actions, insofar as these actions are related to the entrustment or use of the bicycle. Therefore, the renter shall not be liable in these cases, in particular for damages for which BIKESLY is responsible. Any limitation of liability agreed upon in accordance with the provisions below shall not be effective if the renter (or a person attributable to him) leaves the bicycle to a third party without naming such third party to BIKESLY in advance in the sense of the above provision and damage to the bicycle occurs during this time (without any fault on the part of BIKESLY).
- the bicycle may only be used in public traffic (including paved private roads and parking lots), any commercial use is prohibited.
D: Rental fee, interest on arrears
- if the bicycle as well as accessories are not returned to the same BIKESLY station where it was rented, the renter is obliged to reimburse BIKESLY for the return costs, unless otherwise agreed.
- the rental price shall always be the tariffs available on the company website www.bikesly.at.
- in case of default of payment by the renter - with regard to the rent or with regard to other claims (for damages) arising from the rental relationship - interest on arrears of 4% p.a. shall be due. For reminders, additional reminder fees in the amount of EUR 15 including VAT per reminder will be charged, unless this amount would be disproportionate to the amount of the demanded payment.
E: Due Date, Terms of Payment, Means of Payment, Electronic Invoicing
- the rent plus VAT shall be paid monthly in advance at the applicable statutory rate on each first working day.
- unless otherwise agreed, the rent and all other agreed charges shall be settled by the renter's means of payment. The renter shall ensure that the settlement is always possible (due to corresponding account coverage). If this is not the case, the renter shall be liable to BIKESLY in case of his fault for all resulting additional costs (in particular chargeback charges, interest on arrears, etc.). If it is not possible to settle the invoice using the means of payment presented by the renter, BIKESLY shall be entitled to terminate the rental relationship with immediate effect.
The renter agrees that invoices of the lessor shall be sent in electronic form to the specified invoice recipient as a matter of principle. The renter agrees that he/she will no longer receive paper invoices and that the lessor will send an electronic invoice in compliance with the legal requirements to the e-mail address provided.
The renter may object to the sending of invoices in electronic form at any time. In this case, the lessor will send the invoice in paper form to the tenant. In this case, the renter shall bear the additional costs for sending the invoice in paper form and the postage for this.
The renter shall be responsible for ensuring that electronic invoices can be received by him or, if agreed, collected by him in electronic form. The renter shall be responsible for any faults in the receiving equipment or other circumstances that prevent access. An invoice shall be deemed to have been received as soon as it is received by the renter. If the lessor only sends a notice and the renter can retrieve the invoice itself or the lessor makes the invoice available for retrieval, the invoice shall be deemed received when it has been retrieved by the renter. renter shall, at reasonable intervals, make retrievals of invoices made available. If an invoice is inaccessible or cannot be received, renter shall notify lessor thereof without delay. In such case, lessor shall resend a copy of the invoice and designate it as a copy.
If the disruption in the possibility of sending is not remedied promptly, lessor shall be entitled to send invoices in paper form until the disruption is remedied. The costs of sending paper invoices shall be borne by the renter.
If the lessor provides the renter with access data, user names or passwords, these must be protected against access by unauthorized persons and treated as strictly confidential. If the renter becomes aware that the information has been obtained by unauthorized persons, he shall inform the lessor thereof without delay.
F: Accidents, theft, duty of notification
- in case of any damage or loss of the rented item, the renter is obliged to inform BIKESLY immediately in writing about all details, at the latest two days after the incident.
G: Liability of the renter, agreement on limitation of liability
- unless otherwise expressly agreed in a particular case, the renter shall be liable to BIKESLY for all damages to the bicycle and its equipment or for the loss (theft, etc.) of the bicycle (and its equipment), insofar as such damages or loss occurred between the time the renter took possession of the bicycle and the time it was returned, up to a maximum amount of EUR 285.- .
However, the renter shall not be liable in so far as this damage was caused by BIKESLY or by persons whose conduct is attributable to BIKESLY in accordance with the statutory provisions, or is due to manufacturing defects or natural wear and tear.
- in particular, the renter shall return the bicycle in the condition in which he/she took it over (subject to normal wear and tear for the rental period and the number of kilometers covered).
- if the bicycle is damaged or destroyed due to misconduct of the renter or a third party, the renter shall be liable for the damage incurred, however, not exceeding three times the deductible (EUR 285.-).
- the renter may reduce the liability for damages caused by theft to the deductible of EUR 95.- by using a high quality bicycle lock which can be provided by BIKESLY.
In this case, the renter shall be liable for damages resulting from theft, beyond the agreed deductible, only if the bicycle was not locked with the lock (see point 4) at the time of the theft.
- the renter shall in any case be liable for violations of legal provisions, in particular traffic and regulatory provisions, committed during the rental period by himself or by persons for whom he is responsible within the meaning of the above provisions (for which BIKESLY is not responsible). In the event that the renter is a consumer within the meaning of the Consumer Protection Act, this shall not apply if the renter or persons for whom he is responsible are not at fault for the violation. The renter shall indemnify and hold BIKESLY harmless from and against all administrative fines, fees and other costs (in particular any reasonable legal costs) incurred by BIKESLY as the owner of the bicycle due to such violations for which the renter is responsible.
BIKESLY shall pass on the renter's data to the authorities in the event of a request for information in this regard from the authorities entitled to do so.
H: Rental period, Return of the bicycle
The agreed rental time is xx month, starting on the day of the hand-over of the bicycle.
- the rental contract shall end on the agreed date (day and time) and may be extended under this contract with the prior consent of BIKESLY, provided that the renter notifies BIKESLY of the extension at least 14 days before the expiry of the agreed rental period.
- unless otherwise expressly agreed in the rental contract, the renter is obliged to return the bicycle to the lessor on the last day of the rental period at the agreed location on a date agreed in advance. The bicycle must be cleaned of coarse dirt prior to its return.
If the Renter fails to return the bicycle or accessories to the Lessor at the end of the agreed rental period, even through no fault of his own, the Lessor shall be entitled to demand compensation for
the duration of the failure to return the bicycle or accessories at least in the amount of the previously agreed rental fee. In addition, the renter shall be obliged to pay a lump sum of EUR 10.00 (incl. VAT) as compensation for the associated processing costs, unless the renter proves that the Lessor has incurred less expense and/or damage. The assertion of further damages is not excluded.
- special rates are only valid for the offered period and with payment in accordance with the agreement. In case the renter is responsible for exceeding the period of time or is in default of payment, the normal rate according to the current price list, which can be requested by telephone from BIKESLY and is available at www.BIKESLY.at, shall apply from the time agreed upon for the restitution.
- BIKESLY may terminate the rental agreement without notice if
- the renter is in arrears with his payments for more than seven days from the due date,
- payments made by the means of payment presented by the renter in connection with the contractual relationship with BIKESLY are not honoured or are reversed,
- the renter uses the rented bicycle contrary to the provisions of this rental agreement.
If BIKESLY terminates a rental agreement, the renter is obliged to return the bicycle and all its accessories to BIKESLY immediately.
I: Data protection clause
- BIKESLY processes personal data of the renter due to the initiation and execution of contracts. For more information about this data processing and your resulting rights, please visit https://www.BIKESLY.at/informationen/datenschutzhinweise/. Please address your questions regarding data protection to office@BIKESLY.eu.
- name, address and rental data of the renter will be transmitted by BIKESLY in case of justified official inquiries to the respective authority, in case of alleged infringement of third party rights (e.g. in case of interference with possession) to this third party.
J: General Provisions
- This contract shall be governed by Austrian law.
- offsetting against claims of BIKESLY is only allowed with undisputed, legally established claims or claims of the renter which are in direct legal connection with the rental relationship.
- if in these terms and conditions personal expressions are used, they apply to men and women in the same way.
- if a provision of the lease or these conditions is or becomes invalid, this does not affect the validity of the remaining provisions.
K: Place of jurisdiction
sole place of jurisdiction shall be the court having subject-matter jurisdiction for Vienna, Innere Stadt. If the renter is a consumer within the meaning of the Consumer Protection Act, the place of jurisdiction shall be the court having jurisdiction over the renter's place of residence. However, the Renter may also bring actions against BIKESLY at the aforementioned court.