General Terms and Conditions of Rent a Bike AG for long-term rentals

1.  Scope of application
These GTC apply to the long-term rentals of Rent a Bike AG with a rental period of one month or more.

2.  Conclusion of the contract
Rent a Bike AG (hereinafter referred to as the Rental Firm) rents out bicycles or e-bikes of various brands to the Client (hereinafter referred to as the Hirer). These are the property of Rent a Bike AG. The rental contract is concluded between the Lessor and the Hirer. The contract comes into effect upon acceptance by the Lessor and after verification of the entitlement to use the bicycle.

3.  Contents of the contract
The rental fee includes the costs for the use of the vehicle in accordance with the term of the contract.

4.  Term

4.1  Fixed contract period
Long-term rentals can be made for a period of 1-12 months. The rental fees are due according to the selected rental period and are to be paid in full in advance (before taking over the E-Bike/Velo). The contract ends after expiry of the fixed contract period.

4.2  Contract extension
The contract may be extended by a maximum of 12 months at a time, up to a maximum rental period of 3 years.

The right to terminate the contract in accordance with clause 14 is reserved.

5.  Rent

5.1  Payment period
The rent is payable in advance. The tenant may choose between the following payment options:

• Cash payment
• Debit card/Postcard

5.2  Cancellation / Termination
Cancellation is free of charge until receipt of the written confirmation of the reservation (reservation confirmation booking system Rent a Bike). Cancellation or non-commencement of the booking after written confirmation will be charged at 20% of the total rental amount. In the event of cancellation, there is no entitlement to reimbursement of the remaining rental period not used.

5.3  Default in payment
The tenant shall be in default without a reminder if payments are not made as agreed. From the due date, interest on arrears of 5% on the amount due is due. If the tenant is reminded due to a delay in payment, CHF 20.00 will be charged for each reminder. All other expenses incurred in connection with the collection of debts due shall be borne by the tenant. In any case, the Lessor has the right to confiscate the vehicle or have it confiscated in the event of non-payment.

5.4  Late return
If the vehicle is returned late, a charge equal to one month's rent according to the selected vehicle category will be made for each month or part thereof.

6.   Maintenance and repairs

6.1  Maintenance obligation
The Hirer is obliged to take all necessary measures to maintain the guarantee and warranty claims and to carefully maintain and care for the vehicle.

6.2  Included services
Repairs, the annual service as well as the reconditioning after the end of the rental period shall be borne by the Lessor.

Damage caused by excessive or improper use or insufficient maintenance during the rental period will be charged to the Hirer.

Minor maintenance during the tenancy shall be borne by the tenant.

6.3  Obligations of the tenant
The Hirer must notify the Rental Firm of any necessary repairs to the e-bike (with the exception of the replacement of wear parts). In the case of repairs for which the Lessor is responsible, the Lessor has the choice of repairing the e-bike himself or leaving the repair to the Lessee. If the repair is left to the Hirer, the Hirer must visit a specialist dealer named by the Rental Firm and obtain a cost estimate. The Hirer may only have the repair work carried out after the Hirer has given his or her approval.

7.  Liability insurance and protection package

7.1  Third party liability
For vehicles with electric pedal assistance up to 45km/h, the obligatory liability insurance is included in the price. For e-bikes (motor assistance up to 25 km/h) and bicycles not subject to registration, it is the Hirer's responsibility to take out liability insurance.

7.2  Protection package

7.2.1  Included services
Included in the rental price is a comprehensive protection package covering the following cases of damage/occurrence:

• unforeseen and sudden damage and destruction of the rented bike as a result of an accident or fall during use.
• Damage, destruction or loss of the rented bike as a result of attempted or completed theft.
• In the event of a breakdown, the renter can make use of the included assistance. Restrictions on the driving ability of the rented vehicle as a result of a breakdown, an accident event or an empty battery are covered.
• Damage due to lack of maintenance is expressly excluded from the protection package and is to be borne by the renter in accordance with the above section 6.

7.2.2  Deductible
The following deductible will be applied in the event of a claim:

• Accident events: 10 % of the damage costs, but at least CHF 100.00 per event.
• Theft incidents: CHF 500.00 per event
• Assistance: CHF 100.00 for empty battery

7.2.3  Exclusions from the protection package 
Not included in the protection package are

1. Damage as a result of fire or natural hazards;
2. Damage as a result of permanent, foreseeable influences such as ageing (including the normal reduction in performance of batteries and lamps), wear and tear, corrosion or excessive build-up of rust, sludge or other deposits;
3. Damage for which the manufacturer or seller as such is legally or contractually liable (warranty damage)
4. Damage to accessories of any kind which are not permanently mounted on the vehicle.
5. Damage due to war or terrorist events and riots of any kind and the measures taken against them;
6. Damage resulting from vandalism;
7. Cosmetic damage such as paint scratches or dents;
8. Theft in the absence of adequate local anti-theft devices;
9. Losses due to loss or misplacement;
10. Damage as a result of an official order, confiscation or strike;
11. Claims arising from damage that was highly likely to occur or was accepted;
12. Damage occurring during participation in racing events and the training sessions for such events;
13. Damage for which proof of loss cannot be provided;
14. Damage resulting from events that had already occurred at the start of the insurance;
15. Damage and defects resulting from inadequate maintenance or disregard of the maintenance measures recommended by the manufacturer;
16. Damage and defects that are attributable to use of the insured bike that is not in accordance with the manufacturer's instructions;
17. Damage caused by gross negligence or wilful conduct;
18. Damage covered by other insurance contracts;
19. Damage resulting from the commission or attempted commission of criminal offences; and
20. Damage as a result of drunkenness, drug or medicine abuse.
21. Damage to and theft of the trailer towed by the bike.
22. Damage due to excessive wear and tear or lack of maintenance (paras. 6.1 -6.3).

7.3   Assistance
In the event of a breakdown, the renter can make use of the included Assistance. This covers restrictions on the driving ability of the rented vehicle as a result of a breakdown, an accident or an empty battery.

Breakdowns are defined as mechanical and electrical defects of the rented vehicle in the event of which it is not possible or legally permissible to continue driving, as well as key breakdowns (the lock fitted cannot be opened properly or the key or the lock are damaged).

The following applies to the provision of these services:

• Assistance benefits will only be provided if the rented vehicle is located on a road accessible to emergency vehicles in Switzerland or the Principality of Liechtenstein at the time of the Assistance event.
• Insofar as a repair is possible at the location of the Assistance event, only a repair at this location will always be provided.
• If no repair is possible at the location of the Assistance event, a repair will always be carried out at the nearest repair workshop, provided this is possible within three hours. If no repair is possible within three hours, a repair can also be carried out at the original repair workshop. If neither the nearest repair garage nor the original repair garage is open, the rented vehicle will be transported to the current residence of the user of the rented vehicle.
• The compensation shall be set at a maximum of CHF 500.

7.4  Procedure in the event of a claim
Procedure in the event of accidents, theft, warranty extension events or Assistance events:

An Assistance event must be reported to the Swiss Service Centre DLC AG:
Phone: +41 (0) 44 563 61 40.

For the coverage check, please quote your Suisse Velo ID or the note "Rent a Bike".

All other claims must be reported immediately (within 14 days at the latest) to Suisse Alpine Service AG:
E-mail: schaden@suisse-velo.ch
Internet: https://www.suisse-velo.ch/lostfound/intro/

In the event of late reporting, the lessor shall not be liable for any costs.

7.5  Data protection
For the duration of the rental period, the vehicle is covered by insurance in the name and for the account of the lessor, from which only the lessor is entitled to claim.

In order to check the cover in the event of a claim, the Lessor shall pass on the contact details of the Hirer as well as the make, type and frame number of the rented vehicle to Helvetia Swiss Insurance Company Ltd, which shall process this data in accordance with its data protection statement (available at: http://www.helvetia.ch/datenschutz).

8.  Liability of the Lessor
The Lessor accepts no liability towards the Hirer or third parties for accidents or damage occurring during the rental period. Likewise, the Lessor shall not be liable for damage caused as a result of defects in the vehicle, insofar as this is legally permissible. The statutory warranty provisions and warranty services of the vehicle manufacturer remain reserved.

The renter is entitled to a replacement vehicle if the rented vehicle has been stolen or is permanently unroadworthy, provided the renter is not at fault. The rental fee remains due until the expiry of the contract. 

9.  Liability of the Hirer

9.1  Compliance with the legal requirements for the use of e-bikes and S-pedelecs
The Hirer must ensure that the e-bike provided under the Contract is used in accordance with the law. In particular, the minimum requirements regarding age and driving licence must be observed and compliance ensured.

According to Art. 18 of the Ordinance on Technical Requirements for Road Vehicles (VTS), the following rules apply to driving e-bikes:

• E-bikes up to 25km/h are considered light motorcycles and may be driven without a driver's licence from the age of 16. From 14 - 16 years of age, a driver's licence cat. M is required. Under 14 years of age, the use of an e-bike is prohibited in any case.
• S-pedelecs with an assistance of up to 45km/h are considered motorbikes. They may be ridden from the age of 16 and with at least a category M (or higher) driving licence.

Rent a Bike AG declines all liability arising from non-compliance with these regulations.

9.2  Further obligations for use
The Hirer is obliged to use, store and lock the vehicle in a careful manner, to observe all legal regulations connected with the possession, use or maintenance of the vehicle, and to follow the manufacturer's recommendations for maintenance, care and use.

The Hirer is obliged to comply with all necessary measures to maintain the guarantee and warranty claims.

The Hirer shall be liable for all fines incurred in connection with the use of the vehicle, such as driving the vehicle by an unauthorised driver, disregarding driving bans, using the vehicle for a prohibited purpose and other possible penalties for which the Rental Firm is held liable, unless they are caused by the fault of the Rental Firm.

The Hirer may not make any changes to the vehicle that cannot be removed with little effort and without leaving permanent traces. After termination of the rental agreement, the lessee is obliged to restore the vehicle to its original condition at his or her own expense. If this is not done, the Lessor may have the vehicle restored at the Lessee's expense.

The Hirer's attention is expressly drawn to the temperature sensitivity of the accumulators (batteries) belonging to the vehicle. The Hirer is obliged to store the vehicle with the batteries in accordance with the manufacturer's instructions at all times in such a way that there is no risk of temperature damage.

9.3  Commercial use
Without the express permission of the Rental Firm, the Hirer is prohibited from using the e-bike for commercial or professional purposes. Courier services of any kind are expressly not permitted. Without the Lessor's permission, the Lessee is not entitled to transfer the use of the rental object to a third party, in particular to sublet it. Commercial subletting of the e-bike is not permitted in any case.

9.4  General restrictions
Any misuse of the e-bikes (e.g. use of a city bike on mountain bike trails), the transport of one or more additional persons on the luggage carrier as well as riding over obstacles where the vehicle may obviously suffer damage is not permitted.

Participation in sporting events or competitions, whether private, amateur or professional, including the associated practice and training rides as well as rides to achieve a maximum speed (including downhill rides) are prohibited.

10.  Return of the vehicle

10.1  Return to the place of issue
At the end of the contract, the renter must return the vehicle to the issuing office without delay. If this obligation is not fulfilled, the Lessor is entitled to collect the vehicle at the Lessee's expense or to have it collected by a representative.

10.2  Condition of the vehicle
The vehicle shall be returned cleaned, in fully functional condition and with all accessories such as keys, charger, operating instructions, etc. The Lessor shall provide the Hirer with a corresponding checklist. A corresponding checklist will be provided to the Hirer.

11.  Disposal of the vehicle
The vehicle may not be sold, pledged or encumbered with the rights of third parties.

The Hirer is obliged to grant the Rental Firm or its agents access to the vehicle during normal business and operating hours or at reasonable times of the day.

12.  Early termination of the rental agreement
The Lessor may terminate this contract for important reasons at any time with immediate effect. The following events in particular shall be deemed to be important reasons: a) if the Hirer is in arrears with payment obligations arising from this contract for at least three months, in whole or in part, despite a reminder with a warning of the legal consequences and the setting of a period of grace of 14 days; b) if the Hirer breaches essential contractual provisions, in particular in accordance with Clauses 6 to 8 c) in the event of destruction, loss of the vehicle or complete destruction (repair costs exceeding the value of the vehicle). In this case, the residual investment value of the vehicle will be charged to the Hirer. d) in the event of the death or incapacity to act of the Hirer; e) in the event of the discontinuation of business operations, transfer of the registered office or place of residence of the Hirer outside Switzerland.

13.  Changes of address
The tenant must notify the lessor immediately in writing of any changes of name, place of residence or registered office. Until such notification, declarations by the Lessor can be sent with legal effect to the address last verifiably notified by the tenant.

14. Data protection provisions
Rent a Bike and its contractual partners undertake to process personal data only within the scope of the order and not to pass it on to third parties.

Rent a Bike and its contractual partners shall be responsible for the observance of the duty of confidentiality of the persons involved in the administration and processing of the data and shall ensure that no one can gain unauthorised access to the personal data.

15.  Jurisdiction
Any legal disputes arising from this contract shall be subject to the jurisdiction of the courts of Willisau. Swiss law is applicable.

Willisau, 3 January 2023