General Terms and Conditions for Bicycle Rentals

§ 1 Scope of application for bicycle rentals

(1) The following terms and conditions are part of every rental agreement between Dresden Information GmbH, Prager Straße 2b, 01069 Dresden (hereinafter: Lessor) and the customer (hereinafter: Lessee).

(2) All rental agreements of Dresden Information GmbH are concluded exclusively on the basis of these terms and conditions.

(3) Dresden Information GmbH does not recognize any deviating terms and conditions of the Lessee.

§ 2 Calculation and prices

(1) The services of Dresden Information GmbH are calculated in accordance with the valid prices.

(2) Payment is made in advance. Bookings made can be cancelled free of charge up to the 1st rental day.

§ 3 Rules of use

(1) The rental bicycles may not be used:
(a) by persons younger than 16 years of age (except when accompanied by adults)
(b) for the transport of passengers (small children may only ride in a child bicycle seat)
(c) by riders who are under the influence of alcohol and/or drugs.

(2) The Lessee is obliged to comply with the rules of the German Road Traffic Regulations (StVO).

(3) It is not permitted to use the transport basket of the rental bicycle improperly, in particular to exceed the permissible load of 5 kilograms.

(4) It is prohibited to make interventions or modifications to the rental bicycle.

§ 4 Handover of the bicycle/condition of the rental bicycle

(1) The Lessee accepts the bicycle against signature and, by taking over the rented bicycle, acknowledges that it, together with its accessories, is in a roadworthy, ready-to-ride, defect-free and clean condition.

(2) The Lessee is obliged to treat the bicycle carefully and in accordance with the Lessor’s instructions and to observe all regulations and laws applicable to its use.

(3) The handover takes place only upon presentation of a valid identity card or passport.

(4) The Lessee’s signature must be provided exclusively before use; otherwise, the use of a rental bicycle is prohibited and a subsequent signature is not valid.

(5) Before use, the customer must familiarize themselves with the operation of the rental bicycle.

(6) Dresden Information GmbH endeavors to keep all rental bicycles in roadworthy condition at all times. If a customer notices that a bicycle they have rented is no longer in roadworthy condition, they are obliged to inform Dresden Information GmbH immediately of the defect.

§ 5 Stopping and parking the rental bicycle

(1) Whenever stopping or parking a rental bicycle, the customer undertakes to comply with the rules of the German Road Traffic Regulations (StVO).

(2) The rental bicycle must always be locked by the frame to a fixed object, even if the customer only parks it temporarily.

(3) Bicycle bags and bicycle baskets must always be removed.

(4) Tandems and e-bikes must be stored in a locked room at night.

§ 6 Rental period, return of the bicycle

(1) The rental period is based on the period agreed upon at the time of booking. A calendar day is always one rental day, regardless of how many hours the bicycle was rented on a calendar day.

(2) The bicycle must be returned exclusively to the place where it was handed over.

(3) At the end of the rental period, the Lessee is obliged to return the bicycle to the pickup location in perfect, clean and rentable condition.

(4) Any damage and defects that have occurred must be reported to the Lessor immediately upon return.

(5) The Lessor is entitled, within 2 working days after return of the bicycle, to notify the Lessee of any defects that have occurred and for which the Lessee is liable.

(6) The Lessee is obliged to return the bicycle by midnight on the last day of the rental period. If the bicycle is not returned on time, Dresden Information GmbH will charge a fee of €25 for each hour or part thereof.

§ 7 Liability of the Lessee

(1) In the event of damage, the Lessor must be notified immediately.

(2) The Lessee is liable for all fines and penalties in connection with their use of the bicycle for which the Lessor is held responsible.

(3) For all damage to third-party legal interests, the Lessee’s liability insurance or the Lessee themselves shall be responsible.

(4) The Lessee is liable for theft and damage to the bicycle insofar as they are even slightly negligent. The repair costs as well as incurred rental loss and the costs for spare parts will be charged to the Lessee. In the event of complete destruction or loss of the rental object, the Lessee is liable; in this case, the current value of the rental object will be charged.
All spare parts are charged at standard prices plus labor costs and must be paid on site or by bank transfer.
The loss or damage of accessory items is calculated by way of example as follows.

• Bicycle key €15
• Bicycle lock €55
• Waterproof bicycle bags: €40

§ 8 Liability of the Lessor

(1) Any liability of Dresden Information GmbH for breach of its contractually regulated obligations is limited to intent and gross negligence, including intent and gross negligence on the part of its representatives and vicarious agents.

(2) Only in cases of injury to life, body and health, breach of essential contractual obligations and mandatory liability under the Product Liability Act shall Dresden Information GmbH also be liable for slight negligence. In this case, the scope of liability is limited to compensation for contract-typical foreseeable damages.

(3) Use of the services of Dresden Information GmbH is at the customer’s own risk. Damage caused by the customer, for example due to excessive torque or tire damage, shall be borne by the customer themselves.
Dresden Information GmbH is not liable for damage to items transported with the rental bicycle.
We do not cover repairs in third-party workshops during the rental period.

(4) The Lessor’s liability for unforeseeable and remote damages is excluded, except in cases of intent and gross negligence, provided that the damage does not cause bodily injury to the Lessee.

§ 9 Conduct in the event of an accident / theft

(1) The Lessee is obliged to notify the Lessor immediately by telephone if the bicycle has been involved in an accident or has been lost due to theft.

(2) In the event of an accident, the Lessor must be provided with a truthful written account of the course of the accident. The Lessee or their rider is obliged to record the personal data and addresses of all parties involved in the accident and witnesses, as well as the time, place and street of the accident and the official registration numbers of the vehicles involved in the accident. In the event of accidents and theft, the police must always be notified.

(3) There is no entitlement to a replacement bicycle and no entitlement to delivery.

§ 10 Data protection

(1) Dresden Information GmbH is entitled to store the customer’s personal data. Dresden Information undertakes to use this data exclusively in accordance with the provisions of the Federal Data Protection Act.

(2) Dresden Information GmbH is entitled to pass on information about the customer, in particular the address, to authorities to the extent necessary, should the authority provide evidence of the initiation of administrative offense or criminal proceedings.

§ 11 Disclaimer

(1) The Lessee is responsible for compliance with the German Road Traffic Regulations. Every Lessee and every participant in a guided bicycle tour is responsible for ensuring that they are physically fit to meet the requirements.

Use of the rental objects is at the user’s own risk. Each user bears sole civil and criminal responsibility for all damage caused by them or by the rental object used by them. By signing, the users declare that they waive all claims of any kind for damages against the Lessor.

(2) Dresden Information GmbH is not liable for service disruptions, personal injury or property damage in connection with services that are merely brokered as third-party services (e.g. visits to exhibitions, sightseeing tours, transport services to and from the advertised starting and destination points).

(3) Dresden Information GmbH is not liable for improper mounting of bicycle transport racks on the trailer coupling. The secure fit must be checked before every journey.

§ 12 Miscellaneous

(1) Both contracting parties may terminate the agreement at any time.

(2) German law applies. The place of jurisdiction for all disputes arising from the use of the services of Dresden Information GmbH and related thereto is Dresden.

(3) There are no verbal side agreements.

(4) The legal invalidity of individual parts and provisions of these General Terms and Conditions shall not otherwise affect their validity. Should a provision of the GTC be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the meaning and purpose of the invalid provision.

(5) In the event of a breach of the rental terms of use, the limitation of liability is not valid.