Hirt Bicycle Hire Summer 2018
The services are provided by the firm of Sporthaus Ski Hirt GmbH & Co. KG (hereinafter: lessor), who is the owner of the rental material. The conditions of hire form an integral component of the rental contract. By signing the conditions of hire and paying the rental, the lessee confirms that he has read the conditions of hire and that he accepts these unconditionally. The conditions apply to our online shop, group reservations and also to hiring on site at the hire stations.
1. Minimum age of the lessee
1.1. Children and young persons below the age of 16 years must be accompanied by an adult. MTB and trekking bikes may be issued to children and young persons below the age of 16 years, who are not accompanied by an adult person, only with the written consent of the parents or the legal guardian.
1.2. Generally only persons from the age of 16 years are authorised to ride our e-bikes.
2. Taking over the leased object
2.1. The lessee accepts the leased object in an operationally reliable, clean condition. The lessee must report any complaints to the lessor at the time of the handover and prior to taking over the bicycle.
2.2. The lessee must use the leased object in a safe manner in traffic and on the road and must comply with the statutory provisions, in particular the Road Traffic Act. He must not travel on unsecured routes and must not use the bicycle for purposes other than those stipulated in the regulations.
2.3. The leased object may be ridden only by the respective lessee and must not be passed to third parties.
2.4. Without the consent of the lessor the leased object must not be used in competitions, for commercial purposes, for travel abroad or for unlawful purposes.
3. Duties of the lessee/lessor
3.1. The lessee undertakes to treat the leased object with care and to comply with the technical regulations and to park it only in secure place and locked. After 22.00 hours the leased object must be parked in a locked room.
3.2. The rental agreement can be extended only with the consent of the lessor prior to the end of the current rental period. The lessor may refuse to extend the agreement without giving reasons.
3.3. The lessee undertakes to report any defects, which have occurred during the rental period on returning the leased object.
3.4. If an electronic defect, which cannot be quickly rectified, develops in the leased object during the rental period (please consult the workshop concerning operating errors!), the lessee may claim a replacement bicycle or the refund of the rental price, if all the bikes are hired out. This is excluded, if the lessor has caused the defect (e.g. after a fall).
3.5. A binding reservation may be made directly on site (including payment), booking through the online shop or by paying the complete advance payment of 100% of the rental price per leased object. The leased objects are retained for a maximum of 30 minutes after the agreed deadline. If the leased object is not collected, the deposit paid is forfeit.
3.6. The lessee is responsible for insurance. By concluding the rental contract the lessor confirms that he has taken out adequate insurance cover for the risks associated with riding the leased object.
3.7. The use and wearing of the cycle helmet, which is lent free of charge, is voluntary and at the lessee's own risk. The lessor disclaims any liability in this matter.
3.8. The leased object may not be operated in darkness and in twilight.
4.1. A defective leased object must always be returned to the point of issue or return. The use of a pick-up service is without charge. Refunds shall be paid solely in the case of electronic defects, which have not been caused by the lessee (see 3.4.).
4.2. If a repair, which has become necessary due to inappropriate handling of the leased object by the lessee, is required, the latter must bear the costs thereof.
4.3. In the case of loss of or damage to the e-bike key for the battery and the lock, this shall be invoiced at €25.
5.1. The lessee is obliged to report to the lessor without delay, if the leased object has been involved in an accident or has been stolen. In the case of accident the lessee must submit a detailed written report to the lessor, including a sketch. The report must include in particular the names and addresses of the persons involved and any witnesses, as well as the registration numbers of any vehicles involved.
5.2. In the case of theft the lessee must report the theft to the police without delay. The details of the police station and the police theft number must be notified to the lessor. The loss incurred shall be borne by the lessee. The fair value of the leased object shall be charged.
6.1. The lessor shall be liable only for gross negligence.
6.2. The lessee must return the leased object in the same condition, in which he accepted it.
6.3. The lessee is liable for culpable damage to the leased object and for breaches of his contractual duties. He must then reimburse the ancillary costs for claims.
6.4. If a third party reimburses the loss to the lessor, the lessee shall be released from his liability to pay damages.
7. Return of the leased objects
7.1. The lessee must return the leased object to the lessor at the place of issue at the latest at the end of the agreed rental period.
7.2. Any extension of the rental period requires the consent of the lessor prior to the lapse of the rental period.
7.3. If the leased object is not returned on time, the lessee must pay to the lessor the daily hire charge for each day commenced and if applicable, reimburse any more extensive loss.
7.4. The lessor is entitled to make a claim against the lessee for defects, which become evident within 3 working days from the return of the bike and for which the lessee is liable.
7.5. The leased object and where applicable, associated accessories must be returned to the place of issue. Otherwise a flat-rate transportation charge of a minimum of €10 per bicycle shall be estimated, if the bicycle has been returned to one of our hire stations. If the leased object is deposited at another place, the cost incurred for the use of a transport firm shall be invoiced directly to the lessee.
7.6. Payments made shall not be refunded, even in the case of early return of the leased object and shall be retained by the lessor. Unused rental periods shall not be refunded.
8. Conditions of hire specifically for e-bikes
8.1. Persons from the age of 16 year are authorised to ride our e-bikes.
8.2. In the case of a rental period of more than one day, the lessee must charge the e-bike battery overnight on the electricity power supply for approximately 4 hours, so that it is ready for use on the following day. For this purpose in the case of rental periods of more than one day the lessee is provided with a recharging unit without extra charge.
9. Bicycle trailers
9.1. The minimum age for the rider of the towing bicycle is 16 years. Only children between the ages of 2 and 6 years may be transported in bicycle trailers (subject to the maximum load). The lessor accepts no liability for the transport. The transportation of animals of any species whatsoever is not permitted.
10.1. Reservations become valid on receipt by us of the invoiced amount. If a reservation is not paid in advance, the trader is obliged otherwise to hire the bicycle out.
10.2. In the case of reservations for more than one day, the reservation becomes invalid, if the leased object is not collected on the first day of the booking.
11. Cancellation of online bookings, reservations paid by credit transfer or on site
11.1. A reservation may be cancelled under the following conditions:
Reservations must be cancelled in writing by e-mail to email@example.com.
11.2. In the case of a cancellation on the first day of the rental period no advance payments whatsoever shall be refunded. If the leased object is returned earlier than agreed, the lessee has no claim to reimbursement.
11.3. If a doctor's certificate is submitted, the fees already paid for any subsequent days shall be reimbursed. This applies only to the injured or ill person.
12.1. Ten or more persons are deemed to be a group.
12.2. Separate cancellation conditions apply to group reservations.
12.3. Reservations become binding on the credit transfer of the sum invoiced, with a minimum requirement, however, of advance payment of 50% of the total sum. The advance payment must be credited to our account 14 days prior to the deadline. Amendments with regard to the credit transfer and advance payment require the agreement of the lessor. If a reservation is not paid in advance, the trader is obliged otherwise to hire the bicycle out.
12.4. The balance of the total rental amount must be paid on acceptance of the leased object.
13. Cancellation conditions for groups
13.1. In the case of cancellation of the entire booking up to a week in advance, we collect 10% of the total rental costs as a cancellation fee. Reservations must be cancelled in writing by e-mail to firstname.lastname@example.org.
13.2. In the case of a later cancellation within this period, the advance payment made is retained by the lessor.
14. Final clauses
14.1. The full rental price must be paid by the lessee on acceptance of the leased object.
14.2. For each leased object a security deposit or an identity document must be lodged with us at the time of issue. The respective employees in the hire station are responsible for implementing this. If the bicycle is returned undamaged to the issuing station, the security deposit is refunded. If the bicycle is returned to one of our other hire stations, the security deposit shall be retained to cover transportation costs. If the lessee causes material damage, the security deposit shall be retained as advance payment of the repair costs.
14.3. Other collateral agreements have not been concluded. Amendments and additions to this contract require the written form. This shall also apply to this written form clause.
14.4. If individual provisions of this contract are or become invalid, this shall not affect the validity of the remaining provisions.