AugustusTours Rental Bicycles – General Terms and Conditions
1. General information
By taking receipt of the rental bicycle (incl. accessories) from AugustusTours, the hirer confirms that it has been received in technically faultless, usable, clean and roadworthy condition. Upon commencement of the rental period the hirer assumes responsibility for the bicycle and undertakes to both use it with care and refrain from passing it on to third parties. The hirer is only permitted to use the bicycle for its intended purpose and in accordance with statutory regulations (and in particular German traffic safety regulations) and the clauses set out in this contract. It is recommended to use a bicycle helmet.
The hirer is liable to AugustusTours for any damage caused to the bicycle (incl. accessories) as a result of improper use, for example cycling with insufficient tyre pressure, cycling over kerbs, overloading the bicycle and allowing the bicycle to fall as a result of improper parking. The same applies in the event of accidents caused by the hirer. AugustusTours is entitled to invoice the hirer for some or all of the costs incurred as a result of the respective damage to the bicycle (incl. accessories).
The hirer hereby relinquishes any rights to restitution, replacement or compensation enforceable against third parties in connection with the use of or damage to the bicycle. AugustusTours accepts this relinquishment.
2. Theft, accidents
The bicycle provided by AugustusTours is insured against theft once it has been locked in the designated area at the hirer’s place of accommodation using the bicycle lock provided by AugustusTours. If parked in the open the bicycle is only insured if it has been secured with appropriate care using the lock provided. In particular, it is to be locked to a fixed object in order that it cannot simply be picked up and taken away. The hirer is always to take the pannier with them, and is responsible for providing evidence of having done so where required. AugustusTours accepts no liability for personal belongings transported by the hirer in the pannier or on the bicycle.
Any damage which arises as a result of criminal activity (e.g. larceny or robbery) must be reported to the police immediately and confirmed in writing. AugustusTours reserves the right to claim for damages in the event of bicycle damage or faults which remain unreported by the hirer.
The hirer is obliged to inform AugustusTours immediately in the event of the theft of the bicycle or the involvement of the bicycle in an accident. In the event of an accident, the hirer is to provide AugustusTours with a detailed written report including a sketch of the accident. In particular, the accident report is to include the names and addresses of those involved (including any witnesses) and the official registration number of any motor vehicles involved.
3. Procedure in the event of technical faults or damage to the bicycle
The hirer is to inform AugustusTours immediately of any damage to the bicycle (included details of the type and scope thereof and the circumstances in which it occurred) in order to ensure that the damage in question is not increased and any accompanying danger can be prevented.
The hirer is permitted to use the tool kit provided to carry out basic repairs and make adjustments to the bicycle setup. It is to be noted that the handlebars and saddles are only to be raised as far as the respective maximum extension marking.
In the event of a fault or faults rendering the bicycle unusable, it is to be taken to the nearest bicycle repair workshop and repaired by a qualified member of staff. AugustusTours is to be informed of the damage and related repair costs prior to the commissioning of any repair work. AugustusTours is also to be informed of any damage which the hirer is able to repair independently. AugustusTours will refund the costs incurred per bicycle and per tour upon presentation of a receipt further to the completion of the tour; this only applies if the refund has been agreed to in advance.
In the event of damage to the bicycle preventing the hirer from continuing their tour and AugustusTours being unable to replace it, the hirer is entitled to have the damage repaired in a bicycle repair workshop. AugustusTours will not bear the cost of the repairs carried out if the hirer fails to inform it of the damage and related repair costs prior to the commissioning of the corresponding repair work.
AugustusTours will bear repair costs if they are neither the result of improper use of the bicycle by the hirer nor the fault of the hirer. It is the responsibility of the hirer to furnish evidence confirming that this is the case. In the event of a fault for which AugustusTours is responsible, AugustusTours is to be given the opportunity to carry out the necessary repairs itself or supply a replacement bicycle insofar as this represents a reasonable option for the hirer.
The breakdown emergency service is to be informed as soon as possible on 0049 (0)152 376 11 576 if repair work which the hirer is unable to carry out independently is required. AugustusTours will provide the hirer with immediate assistance. The hirer is liable for any damage caused by the continued use of the bicycle despite the existence of known faults.
In the event of damage to the bicycle preventing the hirer from continuing their tour and AugustusTours being unable to either repair or replace the bicycle, AugustusTours will consult with the hirer and see to it that the hirer and a maximum of one other tour participant is/are collected locally by a firm commissioned by AugustusTours and taken to the next scheduled place of accommodation or the nearest bicycle repair workshop. Depending on the arrangements made, the resultant costs may need to be met by the hirer and reimbursed by AugustusTours at a later date upon presentation of the corresponding receipt. The rest of the group is not entitled to this transport service. Damage caused to the bicycle at a place of accommodation is to be reported to the manager without delay and confirmed in writing.
AugustusTours is only liable in cases of intent or gross negligence. In cases of ordinary negligence they are only liable for violations of fundamental or standard contractual obligations. Further liability for personal injury remains unaffected. The hirer is to return the bicycle in the condition it exhibited upon receipt.
In the event of claims being made against AugustusTours by third parties as a result of the violation by the hirer of this rental contract, statutory regulations or official stipulations, the hirer is obliged to exempt AugustusTours from all liability agreements between the two parties (i.e. the hirer and AugustusTours) and ensure the fulfilment of all related obligations for which AugustusTours would otherwise be liable.
5. Return of the bicycle
In the event of the bicycle (incl. accessories) not being returned to the agreed location at the agreed time, the costs incurred as a result of the increased transport effort involved will be invoiced for in addition to the agreed rental payment. Damage which is caused to the bicycle between the agreed time of return and the time of retrieval by AugustusTours and cannot be charged to the causer thereof will also be invoiced for separately. This only applies if the bicycle is retrieved within a reasonable period, which is deemed to be three days from the reporting of the location of the bicycle to AugustusTours.
In the event of the hirer failing to return the bicycle in good time, the hirer is to pay AugustusTours the daily rental rate for every additional day commenced, and may be required to bear the cost of any additional damages. The hirer undertakes to inform AugustusTours of any faults observed during the rental period upon returning the bicycle. AugustusTours is entitled to query faults for which the hirer is liable with 3 working days of the return of the bicycle.
6. Supplementary Provision (Pedelec)
The hirer has received a technical introduction of the bicycle in person or in writing.
The hirer must handle the electric bicycle with care and use it only for its intended purpose. To prevent damages to the bicycle the operating and user instructions have to be followed and carried out.
The hirer is liable without limitations for damages caused intentionally or grossly negligent. This also applies to damage costs such as expert costs, depreciation or rental loss.
In case of theft during the rental period, the hirer is liable to the excess amount of 150 Euro. The theft must be reported to the police and the hirer has to present the police report. The charger and the key of the respective electric bicycle must also be returned.
7. Closing remarks
No collateral agreements have been concluded. Amendments and additions to this contract are to be made in writing; this also applies to this clause governing the use of the written form when making amendments or additions to the contract. The current or future invalidity of individual contractual clauses shall not affect the validity of other clauses.