Terms
GENERAL LEASING TERMS AND CONDITIONS
- Contractual Partners and Contractual Term
1.1. Contractual Partners The contractual partners are the lessee (hereafter, “Lessee”) and GrCycling.com, Tzaferi 16, 11854 (hereafter, “Lessor”). Through the acceptance of a leased bicycle from the bicycle fleet (hereafter, “Bicycle”), a contractual agreement shall be considered to have been concluded between the Lessee and the Lessor. When making a booking via any booking systems under GrCycling.com, the provisions of the Online General Terms for Tours and Trips of Grcycling.com shall be valid for the conclusion of the contractual agreement and the online booking itself. Conversely, these General Leasing Terms and Conditions shall be valid for the leasing of Bicycles and the rights and obligations that are created therefrom. The Lessor shall be obliged to provide the Lessee with a Bicycle for the contractual term of the contractual agreement that is in a usable and roadworthy condition. In the case the exact model of bikes is not available due to technical reasons, the Lessor is entitled to replace that with one of similar type. The Lessee shall be obliged, upon the conclusion of the contractual agreement, to pay the entire leasing price in advance. The prices that are valid at the time of the leasing shall be effective.
1.2. Contractual Term and Return Default Liability The leasing relationship for the Bicycle is being concluded for a determinate period of time. If a leased Bicycle arrives on a day after the agreed time., then this day shall no longer be billed. If there is a delay in the return of the Bicycle, no extension of the Leasing Agreement shall be made. If the Lessee does not return the Bicycle–even if the Lessee is not at fault–to the Lessor by the time that the agreed leasing period lapses, the Lessor shall be entitled to, for the duration of time that the Bicycle is not returned, to demand as usage compensation a fee of at least the amount of the previously-agreed leasing price. The assertion of more extensive damage compensation claims shall not be excluded if the Lessee is responsible for the return default.
1.3. Early Return If a Lessee returns the Bicycle before the contractually agreed end of the leasing timeframe, he shall have no claim to a reimbursement of the differential amount. The right to make extraordinary termination owing to an important reason shall remain unaffected.
1.4. Definition of the Weekly Leasing Fee/Daily Leasing Fee The prices are staggered on a daily or week basis, as found online.
- Usage and Return of the Bicycle/Notification of Damages and Other Obligations
2.1. Condition of the Bicycle and Impermissible Usage The Lessor shall provide the Lessee with the Bicycle which is in a technically-suitable, usable, roadworthy and clean condition. The Lessee shall be obliged to use the Bicycle in a careful and technically-correct manner as well as to follow the road safety rules and regulations, and on conditions well within the specifications of the rental bike. The Lessee shall be forbidden from using the Bicycle under the influence of drugs and alcohol. The Lessee is also forbidden from making any modifications and other alterations to the Bicycle. The Lessee may make any extensions (e.g. triathlon bars) only at his own risk.
2.2. Notification Obligations If damages should be created during the usage of the Bicycle–regardless of whether the Lessee is at fault or not, the Lessee shall promptly notify the Lessor of these damages. In so doing, the Lessee shall have the obligation to inform the Lessor of all details of the cause of the damages. If a case of damages results in the Bicycle no longer being usable, the Lessor shall provide the Lessee with a comparable Bicycle as a replacement. Any liability in accordance with Clause 3. shall remain unaffected.
2.3. Exchange When exchanging the Bicycle, the Lessor shall be entitled to charge a fee of 150 € unless the exchange is based upon a defect which already existed during the handover of the Bicycle. If the Bicycle is exchanged for a Bicycle in a higher price category, the differential amount must be paid. If the Bicycle is exchanged for a Bicycle in a lower price category, then no claim shall exist to the reimbursement of the differential amount.
2.4. Notification Obligation for Theft and Accident In the case of a theft or a traffic accident, the Lessee must promptly notify or report this to the police and must also notify the Lessor in this regard while requesting its assistance. Otherwise, the Lessee shall be liable to the Lessor for any damages created from the violation of this obligation.
2.5. Return The Lessee shall be obliged to return the Bicycle after the end of the Leasing Agreement in principle in the same condition in which it was handed over to him–apart from any customary dirtiness. The return of the Bicycle shall be made on the last leasing day to the bicycle station, or by the use of the delivery and collection service.. The return to another bicycle station is possible only by prior agreement and written confirmation. In this case, the Lessor shall be entitled to also charge a fee of 15 € in addition to the total leasing price.
- Lessee’s Liability for Damages and Loss 3.1. Lessee’s General Liability The Lessee shall be liable for all personal injury and property damages–including for accident- and liability-related damages as well as negligence, gross negligence and intentional wrongdoing. The Lessee shall be liable to the Lessor for any damages created during the leasing period as well as the loss and/or violations of other contractual obligations according to the term found on https://booking.grcycling.com/articles/FAQ/damage-deposit-all-you-need-to-know . If, as the result of damage to the Bicycle for which the Lessee is responsible, there are concrete leasing fee losses owing to a long repair timeframe, the Lessee shall be liable for each repair day (guide price: extension day). In the case of the destruction of the Bicycle, the liability shall be calculated based upon the current price of the corresponding leased Bicycle in accordance with the Lessor’s current sales price list. The leasing fee paid by the Lessee shall be deducted from the listed price. In the case of damages based upon intentional wrongdoing or gross negligence, the Lessee shall be liable particularly for repair costs and replacement parts. Any more extensive damages shall remain unaffected. 3.2. Liability for Theft The Lessee shall also be liable to the Lessor even for theft or any other loss of the Bicycle. In the case of theft and loss, the Lessee shall be liable up to the amount of the respectively-current price from the Lessor’s sales list. The leasing price paid by the Lessee shall be deducted from the listed price. This liability limit shall not be valid if the Lessee has caused the damages based upon his own intentional wrongdoing or gross negligence.
3.3. Reimbursement of the Liability Amount If, after a theft, the Bicycle is once again found, the Lessor shall reimburse the Lessee for the liability amount specified in Clause 3.2. insofar as, in this case, the Bicycle is still in a condition in which, in the Lessor’s fair discretion, it can still continue to lease it out. The Lessor shall exercise the fair discretion from the technical specialist’s perspective and shall, as required and as a gesture of goodwill, inform the Lessee of the basis for its decision.
3.4. Supplemental Features All Bicycles shall be equipped with a tachometer and a minipump. All e-bikes shall be equipped with driving assistance, a key, a battery and a battery charger. Missing parts must be paid for by the Lessee when the Bicycle is returned. 3.5. Security from Guests must present a valid identification document (passport, personal ID, another form of ID) when the Lessor hands over the Bicycle to the Lessee.
- General Provisions and Applicable Law
4.1. Written Form, Completeness and Severability Clause The contractual agreement shall be subject to the written form requirement. Any amendments of or supplements to the contractual agreement must likewise be in writing. No oral ancillary agreements have been concluded. The legal invalidity of individual sections and provisions of these General Leasing Terms and Conditions shall not affect their validity as a whole.
4.2. Choice of Laws and Legal Venue The provisions of this contractual agreement shall be based upon Greek law. For all disputes arising from or in conjunction with this contractual agreement, exclusively the courts that are competent for the Lessor’s commercial residence shall have jurisdiction.
