General terms and conditions
These general terms and conditions contain the following terms:
Subscription refers to the agreement entered into between Landlord and Tenant on the Tenant's use of the Cycle against the Tenant's payment of the subscription fee in accordance with the terms and conditions.
The subscription contract refers to the binding agreement entered into between the Landlord and the Tenant.
The subscription period refers to the period during which the Landlord makes one or more Bicycles available to the Tenant against subscription payment.
Bicycle / Bicycles refers to the electric bicycle or electric bicycles that the Landlord makes available to the Tenant in accordance with the subscription, and which the Tenant can use in accordance with the business conditions.
Terms of business cover these general terms and conditions.
Full service means that the Landlord takes care of repair and maintenance of the rented bicycle (s).
Tenant is any natural or legal person who enters into a subscription agreement with the Landlord for the rental of one or more Bicycles.
Termination date is the date on which the subscription terminates as a result of Leje's termination as stated in clause 6.
§ 1. Scope
1. These terms and conditions apply to any agreement entered into between Landlord and Tenant.
2. Agreements entered into between the Landlord and the Tenant which deviate from, or constitute a supplement to these terms and conditions, are only valid if the Landlord expressly confirms this in writing.
1. 3. All amounts stated by the Landlord are inclusive of VAT.
§ 2. Subscription
2.1. The tenant will be made the agreed number of Bicycles fully available during the subscription period.
2.2. Bicycles are supplied with a ring and chain lock with a key.
2.3. As part of his subscription, the tenant is entitled to free Full Service, see § 4.
2.4. Landlord always has an extra key for the bike. If the Tenant's key is lost or damaged, a new key must be requested from the Landlord. Delivery of a new key costs DKK 115.00 per. key.
2.5. Due to the risk of theft, the Tenant may not have extra keys made or be in possession of more than one key for each Bicycle. The extra key handed out must be returned to the Landlord immediately if the Tenant finds the lost key.
2.6. The bicycle may be affixed with advertisements. If the advertisement is damaged or falls off, the Tenant must notify the Landlord.
§ 3. Terms and conditions
3.1. Renter must exercise reasonable care when using the Bicycle.
3.2. The bicycle may only be used by the Tenant himself or for persons in the Tenant's household or the Tenant's Company / organization.
3.3. Landlord retains ownership of the Bicycle. The tenant may not give a third party a mortgage on the Bicycle.
3.4. The tenant must comply with the Terms and Conditions.
3.5. The renter must not make any changes to the Bicycle that cannot be removed without damaging it.
3.6. The Tenant is responsible for informing the Landlord in good time about changing contact information, if these change during the subscription period.
3.7. The tenant must be at least 18 years old and be able to enter into a legally binding agreement in order to be able to sign a lease.
§ 4. Full service
4.1. The Landlord strives to repair any damage to the Bicycle within 24 hours after the Tenant has contacted the Landlord. Inquiries to the Landlord must be made per. phone, email or SMS. Repairs take place at the place agreed with the Tenant.
4.2. The tenant cannot claim compensation if more than 24 hours pass before the repair takes place.
4.3. Damages are mechanical faults or damages that prevent the Tenant from using the Bicycle, such as punctured tires, broken chain, cracked saddle or lights that do not work.
4.4. The landlord also carries out regular maintenance of the bicycle with, for example, re-tensioning and lubrication. The landlord summons the bicycle for maintenance with a notice that is not shorter than 7 calendar days. The maintenance takes place at the place agreed with the Tenant.
§ 5. Deposit
5.1. Before the Bicycle is handed over to the Tenant, the Tenant must pay a deposit to secure the Tenant's fulfillment of its obligations under the lease agreement, including for handing over the Bicycle in substantially unchanged condition at the end of the tenancy.
5.2. Deposit is 1 month. Binding DKK 599.00 . 6 md. Binding. DKK 599.00. 12 md. Binding. DKK 599.00. pr. bicycle and paid before or at the same time as the first subscription payment.
§ 6. Subscription period and termination
6.1. The length of the subscription, hereinafter referred to as the Subscription Period, is determined in the Subscription Contract, which is created at the conclusion of the agreement. Landlord may charge a set-up fee for setting up the Subscription Contract.
6.2. A daily subscription is valid for 24 hours from the conclusion of the Subscription Contract.
6.3. A weekly subscription is valid for 7 calendar days from the conclusion of the Subscription Contract.
6.4. A monthly subscription is valid for one calendar month from the conclusion of the Subscription Contract.
6.5. A current subscription is valid from the conclusion of the Subscription Contact and runs until it is terminated by the Tenant with a notice of a. 24 hours, if the subscription at the time of termination has lasted less than 7 days,
b. 48 hours if the subscription at the time of termination has lasted more than 7 days, but less than 14 days,
c. 96 hours if the subscription at the time of termination has lasted more than 14 days, but less than a full calendar month,
d. one week if the subscription at the time of termination has lasted more than one full calendar month, but less than one year,
e. one month if the subscription at the time of termination has lasted more than one year.
6.6. The Landlord may terminate a current subscription with a notice that is twice as long as the Tenant's notice of termination in accordance with pkt. 6.5.
6.7. In the case of a subscription with a minimum period, the subscription period runs from the conclusion of the Subscription Contract and the minimum period continues. It is not possible to cancel the subscription before the minimum period has expired. When the minimum period has expired, the subscription changes to a monthly subscription.
6.8. The Tenant has no right of withdrawal in accordance with section 18 of the Consumer Contracts Act, because the Tenant has given consent for the delivery of the service to commence upon delivery of the Bicycle prior to the expiry of the 14-day right of return. The tenant has expressly acknowledged that the right of withdrawal ceases upon the performance of the service.
6.9. The tenant has the right to use the Bicycle until the end date. The tenant must pay the subscription fee until the Termination Date.
6.10. The bicycle and the key must be returned to the Landlord no later than the Termination Date.
6.11. If the Tenant submits the Bicycle before the Termination Date, all Tenant's rights under the subscription will lapse, but the Tenant must continue to pay the full subscription fee until the Termination Date.
6.12. Provided that the Bicycle has not yet been returned, the Tenant may cancel the termination free of charge by sending an email to the Landlord. The e-mail must be received by the Landlord no later than the day before the Termination Date.
6.13. If the Tenant wishes to enter into a new subscription within three months after the Termination Date, a reduced start-up fee of DKK 250.00 will be paid.
6.14. If the Cycle is not returned no later than the Termination Date, the Landlord reserves the right to charge a daily fee of DKK 70.00 from the Termination Date for a period of a maximum of 7 days until the Cycle is returned.
6.15. If the Bicycle is not returned to the Landlord within 7 days after the Termination Date without the subscription being reactivated, the Landlord reserves the right to report the Tenant for utility theft. The Tenant will also have to pay the Landlord an amount corresponding to the subscription payment for the period from the Termination Date until return takes place. The Landlord thus does not lose the right to claim additional compensation if the Landlord's loss exceeds the subscription payment.
6.16. The bike may be owned by a leasing company. If this is the case, the Lessee must, at the request of the leasing company and at its choice, either hand in the Bicycle to the leasing company (against compensation for the remainder of the subscription period) or pay the future rental fee with liberating effect to the leasing company.
§ 7. Theft or loss
7.1. If the Bicycle is stolen or disappears in any other way, the Tenant must report this to the Landlord within 24 hours and hand in the bicycle key to the Landlord and make a police report within 48 hours. In that case, the tenant will have to pay a deductible of DKK 1,000.00.
When the Bicycle has been reported stolen by the police, the Tenant receives another Bicycle from the Landlord.
7.2. If the Tenant does not report the theft or loss of the Bicycle, or reports it too late, or if the Tenant is unable to hand over the key to the Landlord, the Tenant is liable to the Landlord for the value of the Bicycle
7.3. To minimize the risk of theft, loss and damage, the bicycle must always be locked using the ring and chain lock. If possible, the bicycle should be locked to an object with the chain lock.
7.4. If the bicycle is not locked with the double lock, and it is exposed to eg theft, or it disappears, the Tenant must pay compensation. The compensation is charged in addition to the deductible.
7.5. If a stolen Bicycle reappears within the subscription period, the Tenant will receive a maximum of
Refunded deductible. This amount is determined by the Landlord based on the condition of the Bicycle and any other costs.
7.6. If the Tenant provides incorrect information regarding the Bicycle, a fee of DKK 750.00 will be charged in addition to any deductible and other fees.
7.7. If parts of the Bicycle are stolen or disappear, the Landlord may demand payment for this from the Tenant within the deductible. An overview of spare parts can be requested from the Landlord.
§ 8. Injuries
8.1. The Tenant must report any damage to the Bicycle as a result of vandalism to the Landlord within 24 hours of the vandalism being discovered.
8.2. In the event of damage or wear and tear that is not due to normal use of the Bicycle, the Landlord reserves the right to demand that the Lessee covers the costs.
8.3. In the event of damages committed by a third party or for which the third party is responsible, the Tenant must provide the Landlord with contact information on the third party in question and a description of the course of events, which
must be acceded to by both parties. If the Landlord does not receive any contact information, the Tenant will have to bear all costs.
§ 9. Additional equipment
9.1. Tenant can add an optional subscription to his subscription. This presupposes that the relevant accessories are available in the city where the Tenant subscribes to a Bicycle.
9.2. The optional subscription is a separate subscription that can be terminated independently of the subscription.
9.3. The terms and conditions apply with the necessary changes to the accessory subscription, for example such that in all places where it says "Bicycle" instead, "accessory" must be understood instead.
9.4. If the accessory is stolen or otherwise disappears, the Tenant must report this to the Landlord within 24 hours. In this case, the tenant will have to pay a deductible depending on the type of extra equipment. The deductible for the different types of accessories is shown in the table
Table 3: Deductible for the different types of accessories:
9.5. The renter must report any damage to the extra equipment as a result of vandalism to the Landlord within 24 hours of the vandalism being discovered. Landlord reserves the right to charge the Tenant the costs associated with repairing such damage.
9.6. In the event of theft or damage as described in clauses 4 and 5, the Tenant will receive another piece of accessory in place of that accessory.
9.7. Any use of the optional equipment is at the Tenant's own responsibility and risk. The Landlord is not liable for any damages that the Tenant may suffer as a result of the use of the optional equipment, unless the damage is due to intentional conduct or gross negligence on the part of the Landlord.
§ 10. Payments
10.1. At the conclusion of the subscription, the tenant must state his card information or set up a payment transfer (to the extent that the service is available from the Landlord) for use in the monthly subscription fee and any other expenses.
10.2. In the event that extra payments are collected, such as deductibles or other fees, the Landlord reserves the right to collect these amounts before handing over a new Bicycle to the tenant.
10.3. If the subscription fee cannot be recovered or the payment is rejected by mistake, the Tenant has breached his payment obligation. The tenant will receive a reminder for the payment of the amount due within 14 days. In the event of non-payment within a further 10 days, the Landlord transfers the case for collection. All additional expenses, interest and extrajudicial costs are borne by the Tenant.
§ 11. Liability
11.1. When handing over the bicycle, the tenant must inspect it for defects. Once the Tenant has taken the Bicycle into use, the Bicycle is considered to function as it should.
11.2. If the Tenant discovers a fault with the Bicycle after commissioning, the Tenant must immediately complain to the Landlord.
11.3. Any use of the Bicycle is at the Tenant's own risk. If the Tenant is unsure of the safety condition of the Bicycle, the Tenant should contact the Landlord immediately.
11.4. The Landlord is not liable for any damages that the Tenant may incur as a result of the use of the Bicycle, unless the damage is due to intentional conduct or gross negligence on the part of the Landlord.
§ 12. Changes
12.1. Landlord reserves the right to change the subscription fee. The tenant will receive notification of subscription changes per. email with at least two months notice.
12.2. With at least one month's notice, the tenant will be notified of changes to the terms of business at per. e-mail.
12.3. Landlord reserves the right to transfer any claims against the Tenant to third parties.
12.4. The tenant can change the subscription type to a more expensive subscription free of charge, if such a subscription is offered. In that case, the Landlord will ensure that the Bicycle is exchanged for a Bicycle that corresponds to the new subscription type. If the Tenant wishes to downgrade his subscription within the first six months of the subscription period, the Landlord may charge a reduced fee.
§ 13. Default
13.1. Landlord reserves the right to cancel the subscription (in whole or in part) by written notice to the Tenant if;
The tenant defaults on his obligations under subscription.
The tenant is taken into bankruptcy or reorganization proceedings or has been declared bankrupt.
The tenant enters into an agreement on debt restructuring.
The bicycle is confiscated so that the Tenant can not fulfill his obligations under the subscription.
The tenant is abusing the scheme.
The Tenant knowingly submits incorrect information to the Landlord.
13.2. The Lessee may terminate the subscription without notice in the event of the Landlord's material breach of its obligations under the Terms and Conditions.
§ 14. Data protection
§ 15. Choice of law and disputes
15.1. The subscription and the terms and conditions are subject to Danish law.
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15.2. Any dispute that may arise in connection with the subscription must be settled at the Court in Aarhus.