These General Terms and Conditions apply to bike rental agreements between tenants and the
Fahrradverleih Friedrichshafen by
Gasthof „Rebstock“ Friedrichshafen
1. Scope of Application
- These terms and conditions apply to contracts for the rental of bicycles, e-bikes, pedelecs, which are hereinafter collectively referred to as „rental bicycles“, as well as all other services and deliveries provided in this context for the renter by Hotel Gasthof Rebstock and Fahrradverleih Friedrichshafen, hereinafter referred to as „bicycle rental“ or „lessor“.
- General terms and conditions of the renter shall only apply if this has been expressly agreed in writing in advance.
2. Conclusion of contract & partners
- Only persons over the age of 16 who present a valid identity card or passport or children and young people accompanied by an adult with parental authority may become contractual partners of the bike rental company.
- The contracting parties are the bike rental company and the renter. The contract is concluded upon acceptance of the customer’s application by the bike rental company. The bike rental company is free to confirm the rental bike booking in text form or verbally.
- The company Mietmeile GmbH, Holzbrücke 7, 20459 Hamburg, hereinafter referred to as the agent, merely provides the software and booking platform via which the contract between the hirer and the rental company is concluded and is therefore not a contractual partner to be held liable in the contract between the hirer and the bike rental company.
- The Agent offers the Tenants direct online booking of rental bikes. The agent is authorized by the lessor to present the bike rental offer online.
The Lessee authorizes the Agent to pass on the Lessee’s offer to conclude a rental agreement to the Lessor of the rental bikes and accessories selected by the Lessee. The rental contract for the selected items is concluded for the selected period at the price and with the features specified in the presentation when the Renter pays for the booking and receives confirmation of payment electronically from the Agent. If the booking is made using the cash payment method, the contract is concluded when the cash payment confirmation is sent.
3. Rental object, rental period, prices & payment
- The bike rental company is obliged to keep the rental bikes and accessories booked by the customer available and to provide the agreed services. However, the customer is not entitled to the provision of specific rental bikes, unless these have been expressly confirmed in text form by the bike rental company, but is only entitled to any bike of a category (e.g. e-bike trekking). The Rental Firm is entitled to replace the rental bike of the rented category with a bike from a higher category.
- By taking over the rental bike and accessories, the Hirer acknowledges the proper and defect-free condition of the rented vehicle.
- The rental price corresponds to the list price valid at the time of conclusion of the contract and is due immediately upon conclusion of the contract.
- Payment shall be made in advance by credit card (Visa or Mastercard), by direct debit from the bank account, by payment via Google Pay or Apple Pay, by instant bank transfer or by cash payment when collecting the rental bikes. In the case of online bookings, payment is made via the payment service provider Stripe (https://stripe.com/de) and is forwarded directly to the rental company’s account upon receipt. Due to the costs charged by banks, the renter is prohibited from reversing payments unless the agent has been notified in advance and given the opportunity to refund an unauthorized amount collected within 5 days by bank transfer. The costs of a chargeback shall be borne by the tenants if this obligation is breached.
- The rental bikes and accessories are rented for at least one calendar day. The calendar day from 09.00 and until 22.00 applies to the rental. If the rental period is exceeded, the renter will also be charged for the following day. This does not give rise to any contractual claims for the tenant. The rental period can be extended at any time by arrangement with the bike rental company.
- The tenant shall have no further claims against the bike rental company if the rental items are returned early. Even if the bikes are returned before the end of the rental period, the rental price agreed and paid at the conclusion of the contract for the corresponding agreed rental period shall remain payable.
- The rental bikes must be returned to the station at Werastrasse 35, 88045 Friedrichshafen at the end of the rental period.
4. Duties of the tenant
- The tenant must treat the rental bike with care and observe all regulations applicable to its use, in particular technical rules and traffic regulations. The Hirer shall be liable for any fines incurred as a result of improper use.
- The subletting or re-letting of the rented items requires the prior consent of the hotel in text form.
- In the event of accidents, the hirer undertakes to contact the bike hire company immediately. The latter will then determine the further procedure in close consultation with the tenant.
- The hire bike must be secured against theft or other theft by the tenant during the hire period. The lock issued by us must be used for this purpose. In addition, removable displays must be removed to prevent theft.
- Cancellation of the booking by the hirer is possible free of charge up to one day before the collection date. In the event of later cancellation or non-collection of the bikes, you will be charged the full price. Cancellations must be made online via the booking platform or in text form.
5. Repairs, accident/ theft
- A defective rental item must always be returned to the bike hire location. If a repair is necessary due to improper handling by the tenant or due to the tenant’s fault, the tenant must bear the costs.
- The hire bikes are insured against theft. However, the tenant is obliged to secure the rental bikes with a lock and to remove the removable displays. If this is not done, the tenant is liable in the event of theft.
- The Tenant’s liability also extends to damage costs such as expert costs, reduction in value or loss of rent.
6. Behaviour in the event of an accident
The bike hire company must be notified immediately by telephone on 07541-9501640 in the event of any damage to the hire bike. The hire company must then be given a truthful written account of the accident. The tenant or his driver are obliged to record the personal details and addresses of all those involved in the accident and witnesses, as well as the time, place and street of the accident.
7. Liability of the bike rental
- The Tenant uses the rental item exclusively at his own risk. The bike hire company is only liable in the event of wilful intent or gross negligence.
- The bike hire company accepts no liability for consequential damage resulting from a breakdown or accident (e.g. train ticket or soiled clothing) or damage to the legal property of third parties.
8. Liability of the agent
- Due to Mietmeile GmbH’s role as an intermediary in the contract between tenant and rental company, Mietmeile GmbH is not liable in the event of a breach of contract by the hirer or rental company. This applies in particular, but not exclusively, in the event that the bike hire company files for insolvency. Any claims arising from the rental contract concluded shall only apply to the tenant.
- The Agent shall at no time be in the role of the Rental Firm, but merely offers the software and the booking portal to broker the offers provided by the Rental Firm.
9. Service fee of the agent
If a contract is concluded between the landlord and the tenant through Mietmeile GmbH, the agent may charge the tenant service fees and applicable taxes for the use of the booking software and the associated processing costs. Service fees are non-refundable. These service fees are shown in the course of the online booking and in the documents sent for the booking and are part of the total price payable. The agent reserves the right to change the service fees at any time. Fee changes will not affect bookings made prior to the effective date of the fee change.
10. Concluding remarks
- Amendments and supplements to these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements shall be invalid.
- The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange – in commercial transactions shall be the registered office of the bike rental.
- German law shall apply.
Subject to modifications