General Terms & Conditions of BikeBox AG
BikeBox AG (Corporation), place of business in Interlaken, Switzerland, acting as Lessor, [hereafter: „Lessor“]; and
the individual as stipulated and signed in the rental agreement renting an E-Bike/Bicycle from Lessor, acting as Lessee [hereafter: „Lessee“].
2. Scope of application of the general terms and conditions
The present general terms and conditions form an integral part of the rental agreement between the parties. By signing the rental agreement, Lessee confirms to have read, understood and accepted the present general terms and conditions.
3. Conclusion and content of contract
3.1 By ordering a certain E-Bike/Bicycle via Lessor’s ordering platform (https://rent.bikebox.ch/), Lessee is making a binding offer according to Article 3 ff. of the Swiss Federal Act on the Amendment of the Swiss Civil Code (“Code of Obligations”) to conclude a rental contract for an E-Bike/Bicycle. The rental contract will be concluded by confirmation of the order with Lessee by Lessor (conclusion of the contract).
3.2 The content of the concluded contract shall be confirmed by legally valid signature of the rental agreement in written form by Lessee by no later than at the handing over or delivery of the E-Bike/Bicycle. The contract and its content shall be binding for both parties.
By signing the rental agreement, Lessee expresses to have understood and to comply with the content of both the rental agreement as well as the present general terms and conditions, which were provided to Lessee and which are also available at BikeBox Company’s office.
3.3 Lessor will not guarantee availability of the ordered E-Bike/Bicycle after completed confirmation of the order. Lessor will verify the time of delivery for the E-Bike/Bicycle after receiving the order and will inform Lessee about it.
In case delivery of the E-Bike/Bicycle is impossible due to reasons that the manufacturer is responsible for or due to any unknown or continuously delayed delivery, Lessor reserves the right to provide an equal E-Bike/Bicycle to Lessee or to withdraw from the rental contract unilaterally and without any indemnification liability.
3.4 Furthermore, Lessor shall be entitled to withdraw from the rental contract without any indemnification liability if Lessee fails to entirely pay the rent deposit, the first monthly rent and all further fees and charges before handing over or delivery of the E-Bike/Bicycle. (cf. sections 7 und 8).
4. Withdrawal and cancellation by Lessee
4.1 If Lessee cancels its order after receipt of the confirmation of order or in case of a delayed handing over or delivery of the E-Bike/Bicycle, a cancellation fee of 8 % of the E-Bike/Bicycle’s retail price shall be payed by Lessee to Lessor. The valid retail price is published on Lessor’s ordering platform at the time of conclusion of order. Spelling errors remain reserved.
4.2 Lessee may withdraw from the rental contract at any time with a notice period of three months. In case of an untimely cancellation by Lessee, the entire rent deposit shall remain with Lessor (cf. Section 7).
5. Personal requirements for Lessee
5.1 Only persons who are of age, capable of judgement and not under deputyship may place orders.
5.2 Minimum age for riding all E-Bikes is 14 years. Slow E-Bikes (E-bikes with pedal support up to 25 km/h) may be ridden from the age of 16 years without any licence. Minors under 16 years of age may ride slow E-Bikes if they have a category M driving license (mopeds/motorized bicycles). Any other E-Bikes than slow E-Bikes require the rider to have a driving license of category M or higher at all times.
6. Handing over or delivery of rental object and commencement of rental
6.1 Lessee shall present (in case of handing over of the E-Bike/Bicycle) or submit in advance (in case of delivery of the E-Bike/Bicycle) the following documents to Lessor (as a copy or scan):
a) Confirmation of payment for first monthly rent or valid means of payment (cf. section 8.3);
b) Valid driving license if required (cf. section 5.2);
c) Identity card, passport or driving license;
Both driving license as well as identity card or passport must be valid for at least three months after expiration of the rental contract. If Lessee fails to present or submit any of the documents mentioned above under a.-c. at the time of handing over or delivery of the E-Bike/Bicycle, Lessor is entitled to refuse handing over or delivery of the E-Bike/Bicycle and to withdraw from the rental contract. In this case, Lessor may deduct compensation for all of its expenses from the rent deposit (cf. Sections 4 and 7).
6.2 Handing over and delivery of the E-Bike/Bicycle are on equal terms.
6.3 The E-Bike/Bicycle is handed over or delivered to Lessee clean and safe to operate. Immediately upon handing over or delivery of the E-Bike/Bicycle, Lessee shall ensure that the E-Bike/Bicycle is in full function, roadworthy and free of any faults and that the rental agreement provided by Lessor is correct and accurate. Lessee shall communicate any complaints in this regard to Lessor via E-Mail [email@example.com] within no more than three days upon handing over or delivery of the E-Bike/Bicycle. If Lessee does not meet this time limit, the E-Bike/Bicycle will be deemed handed over or delivered roadworthy, fault-free and in full function.
7. Rent deposit
7.1 Lessee shall pay the rent deposit to Lessor within 10 days of reception of the confirmation of rental. (cf. section 3.1). The rent deposit equals the amount of three monthly rents and is specified individually within the rental agreement.
7.2 Lessor may set off the rent deposit with any claims against Lessee based on or related to the rental contract.
7.3 If no offsetting of claims occurs, Lessor shall refund the rent deposit to Lessee within no later than 30 days upon return of the E-Bike/Bicycle.
7.4 Lessor is not required to keep the rent deposit separate from the rest of its capital. No interest shall be payed on the rent deposit.
8.1 The rent comprises the rate stipulated in the rental agreement as well as further fees and charges. By signing the rental agreement, Lessee acknowledges to take notice and approve of the rates, fees and charges.
8.2 All fees related to the registration of the E-Bike/Bicycle with the road traffic licensing authority (registration, annual renewal of registration) shall be payed by Lessee. If registration of the E-Bike/Bicycle with the road traffic licensing authority is done by Lessor, Lessee shall be billed for such fees separately.
8.3 Lessee shall pay the first monthly rent to Lessor before handing over or delivery of the E-Bike/Bicycle by bank transfer. Lessee may also pay the first monthly rent in cash to Lessor at the handing over of the E-Bike. In case of bank transfer, Lessee shall present to Lessor a confirmation of payment at handing over of the E-Bike/Bicycle or submit a confirmation of payment (as a scan or copy) to Lessor prior to delivery of the E-Bike/Bicycle.
8.4 The first monthly rent is the rent for the first complete month after handing over or delivery of the E-Bike/Bicycle.
8.5 The second monthly rent as well as all following monthly rents shall be payed in advance by the first day of every month.
8.6 If Lessee is in default with payment of a monthly rent and fails to pay it within 20 days upon a formal reminder, Lessor shall obtain the entire rent deposit and the rental contract will be deemed void. Lessee shall return the E-Bike/Bicycle within 30 days upon written notice in good order and condition (cf. Section 11). If Lessee fails to comply with this request, Lessor may collect the E-Bike/Bicycle after a written notice without Lessee’s consent. The provisions set out in section 11 apply.
9. Use of the E-Bike/Bicycle
9.1 Lessee shall:
a) ride the E-Bike/Bicycle with due care, handle it appropriately and follow all instructions of use provided by Lessor as well as by the manufacturer;
b) wear a helmet when riding an E-Bike/Bicycle with pedal support for more than 25 km/h. Lessor strongly recommends to wear a helmet in any case.
9.2 It is prohibited:
a) to use the E-Bike/Bicycle for other purposes than intended;
b) to transport one or more passengers on the luggage carrier rack or in any other way;
c) to ride over obstacles where the E-Bike/Bicycle could evidently sustain damage;
d) to ride the E-Bike/Bicycle under the influence of alcohol or other drugs or substances;
e) to use the E-Bike/Bicycle for races on downhill, four-cross, BMX, dirt-jump, slope-style or similar courses;
f) to sublet the E-Bike/Bicycle.
9.3 Lessee shall periodically check the E-Bike/Bicycle condition and arrange for necessary repairs to be performed. Maintenance and repairs of the E-Bike/Bicycle shall be fully payed for by Lessee. Lessor will not provide a replacement E-Bike/Bicycle during repairs or maintenance.
9.4 Lessee shall inform oneself about the relevant provisions of the Swiss Road Traffic Act and obey them.
9.5 Lessee shall be held liable personally for any violations of law, particularly related to road traffic, committed with the E-Bike/Bicycle up until return of the E-Bike/Bicycle.
Should Lessor be made liable for any fines, fees or charges in its capacity as registered owner of the E-Bike/Bicycle or for any other reason, Lessee shall be billed for all expenses arising in relation to this.
10. Liability, limitation of liability and protection options
10.1 Lessee shall, irrespective of culpability, be held liable for any loss or damage incurred by Lessor owing to damage to the E-Bike/Bicycle, its sinking in water or its loss (e.g. due to theft).
In particular, Lessee shall be held liable for the behaviour of any third-party rider. The behaviour of a third-party rider shall be deemed equivalent to that of Lessee insofar as the latter shall be fully liable for loss or damage incurred by Lessor arising from such behaviour.
10.2 The E-Bike/Bicycle shall be covered by BikeBox Bike insurance for the duration of the rental period. Lessee undertakes to report any damage caused by a fall, theft or accident without delay to Lessor via telephone number +41 (0)33 511 17 97. In the case of claims in the comprehensive insurance category, a deductible amounting to 10% of the indemnity due; at least, however, to CHF 100, shall the charged separately to Lessee. In the case of total loss, the deductible shall amount to 10% of the purchase price stated in the rental contract; at least, however, to CHF 100. No deductible is charged in connection with any other insurance payments made. The insurance does not cover any accessories purchased by Lessee.
10.3 Claims resulting from theft are only covered if the insured E-Bike/Bicycle was secured by an electronic lock or a customary bike lock at the time of the event. Lessee shall be responsible for reporting such an event at the police station closest to the site of the crime without delay. The insurance does not cover any loss or damage resulting from illegal appropriation, embezzlement or fraud.
10.4 The insurance cover applies in Europe and the Mediterranean littoral countries, excluding the Russian Federation, Georgia, Armenia, Azerbaijan and Kazakhstan.
10.5 The insurance covers the legally entitled rider of the E-Bike/Bicycle (and one accompanying person) who have their legal residence in Switzerland.
10.6 Swiss Mobiliar Group companies adhere to Swiss data protection law in connection with the pro-cessing of personal data. Lessee accepts that data resulting from the rental relationship or from the settling of a claim are processed by Swiss Mobiliar and used for handling claims, for the Group’s marketing purposes, as well as for cultivating and documenting existing and future customer relationships. Conversations with our call service center Mobi24 may be recorded for the purpose of ensuring top-quality service provision and for in-house training purposes. Such data may be stored physically or electronically. Data no longer required is deleted insofar as this is legally permitted.
10.7 By signing the rental contract, lessee confirms that they are in possession of a valid personal liability insurance policy and therefore have sufficient cover for the risks involved in riding a slow E-Bike (electric support up to a speed of 25 km/h) or a bicycle. Costs for the mandatory number plate and the associated group liability insurance for fast E-Bikes (motor bikes) shall be borne by Lessor during the rental period. In the case of multi-year rental contracts, Lessee shall ensure that the number plate annually supplied by Lessor is fixed to the E-Bike.
11. Return and purchase option
11.1 Lessee shall return the E-Bike/Bicycle to Lessor at its place of business immediately upon termination of the rental contract.
11.2 Up to the end of the rental term arranged in the rental contract, Lessee shall be entitled to purchase the E-Bike/Bicycle at any time for the price specified in the rental contract, taking in consideration the rental payments made up to that point of time. Costs for the number plate and the associated group liability insurance (cf. section 10.7) incurred up to the date of purchase are charged to Lessee if the latter purchases the vehicle. In such a case, Lessee’s remaining obligations regarding the return of the vehicle in accordance with section 11 shall lapse.
11.3 The rental contract will be terminated by Lessor’s confirmation of return of the E-Bike/Bicycle. Lessor shall issue a record of delivery upon return of the E-Bike/Bicycle.
11.4 Lessee shall return the E-Bike/Bicycle provided by Lessor in its original condition.
11.5 Upon return of the E-Bike/Bicycle, Lessee shall present a confirmation of service for the E-Bike/Bicycle no older than 10 days. If Lessee fails to present such a confirmation, Lessor will perform a service of the E-Bike/Bicycle account of Lessee. Cost for such service shall be set off against the rent deposit.
In case the cost for the service performed should exceed the rent deposit, Lessee shall be billed for the exceeding cost separately.
11.6 After termination of the rental contract or after expiration of the duration stipulated in the rental contract, Lessor may repossess the E-Bike at any time. Lessee shall be billed for cost of repossession and service according to section 11.5 The same shall apply if Lessee fails to pay any outstanding monthly rents within 20 days upon written notice or to return the E-Bike/Bicycle to Lessor within 30 days upon written notice.
12. Data protection
12.1 Any data submitted to Lessor by Lessee or by third parties affected by the rental procedure will be processed in accordance with the Swiss Data Protection Act and, as far as applicable, the EU’s General Data Protection Regulation (GDPR).
12.2 Lessee explicitly declares Lessor to be entitled to process any data necessary for transactional purposes and, where appropriate, to forward this data to service partners.
12.3 Lessor reserves the right to use this data for marketing purposes.
12.4 Lessee may revoke the above consent to procession of its data at any time by means of a written notice.
13. Applicable law and jurisdiction
13.1 Swiss law shall exclusively be applied in relation to the rental contract, excluding international private law.
13.2 Exclusive place of jurisdiction with regard to any dispute arising over the rental contract shall be Interlaken (CH).
Interlaken, 10/2019, Version 2.0