terms and conditions

 
 

General Terms and Conditions as of May 1st, 2021

The following general terms and conditions apply to contractual relationships between AVO Mobility GmbH ("provider") and third parties ("users").

 

1. Scope

1.1. All services provided by the provider to its user are based on these General Terms and Conditions ("GTC"). These also apply to all follow-up transactions within the framework of an ongoing business relationship with a merchant as a user, without having to refer to the GTC again when entering into follow-up transactions.

1.2. Terms and conditions of the user that deviate from or supplement the general terms and conditions do not become part of the contract unless they are recognized by the provider. An execution of services by the provider towards the user does not include any recognition of their terms and conditions.

2. Scope of Services

2.1 The provider provides its services according to the content of these terms and conditions. Insofar as an additional or supplementary service should be required as part of the contract processing by the provider, which is not regulated in the GTC, the provider is entitled to provide this service unilaterally at its reasonable discretion (§ 315 BGB) and at the expense of the user in accordance with the applicable price list provide.

2.2 The provider provides the user with a cargo bike ("bike") for the private transport of goods and people for a fee. Commercial use is only permitted with the consent of the provider. The bike has electric support. The available strength of the electrical support is determined by the provider. The user is not entitled to a specific type and/or strength of electrical support. The provider is not liable for the electrical support being available for the entire rental period; the user is not entitled to a price reduction or compensation.

Registration 

3.1 Use of the provider's services is only possible for registered users. The provider is entitled to check the data used by the user during registration. The user has no right to registration. Multiple registrations are excluded.

3.2 The user has to register via an application (“app”) provided by the provider. The provider does not guarantee that the app can be used on the end device used by the user. Registration requires a minimum age of 16 years and the payment details of a credit card belonging to the user, a valid delivery address, a mobile phone number and an e-mail address.

3.3 The provider creates an individual account for the user, which can be accessed via the app. The access data transmitted by the provider are personal and may only be used by the user. A transfer of access data to third parties is not permitted. The user is obliged to protect the access data from third parties against unauthorized access and to notify the provider of unauthorized access by third parties. If the user culpably violates his obligations above, he is liable to the provider. The user is obliged to inform the provider immediately if the personal data provided during registration and the data required for billing change.

3.4 The provider is entitled to deactivate the user's account if the user does not make a rental within a period of six (6) months or there are indications of unauthorized third-party use of the account.

3.5 Activation of the user in the app entitles the user to submit offers to the provider. The activation itself does not represent a declaration of intent by the provider.

3.6 The user is entitled to terminate his account at any time. The provider is obliged to deactivate the user account immediately, but not before the end of a rental process.

3.7 The provider is entitled to block the user's account at any time for important reasons. An important reason exists in particular if the user is repeatedly in arrears with the payment of a not inconsiderable part of the rent despite a warning or if the user does not refrain from serious breaches of the contract despite a warning or does not immediately eliminate the consequences of such breaches of contract that have already occurred. An important reason also exists if the user provides incorrect information during registration or in the course of the contractual relationship or conceals facts and for this reason the provider cannot be expected to continue the contract. An important reason is also given if the user uses a bike from the provider under the influence of alcohol or drugs in violation of the contract or passes on his access data to third parties or the user tries to read, copy or manipulate the app with information technology methods or the user logs in several times registered or tried. The provider is obliged to inform the user of the blocking of the account and to unblock the account immediately after the end of the behavior leading to the blocking. 

4. Conclusion of contract

4.1. The provider's services represent a non-binding suggestion to the user to submit an offer. An offer by the user requires acceptance by the provider. The user is not entitled to conclude a contract. If the provider does not accept an offer from the user, claims for compensation by the user are excluded.

4.2 A contract can only be concluded between the provider and the user via the app, in which the user has to make an offer to rent the bike. The user agrees that the provider electronically documents the conclusion of the contract. The contract is concluded when the provider activates the bike in the app ("rental process").

4.3. A rental and return is only possible in the business area of the provider and per user only for one bike at a time. The provider is entitled to change the spatial scope of the business area at any time; this only applies to ongoing rentals if the change is not significant.

4.4 With the conclusion of the contract, the bike is reserved once for the user for 15 minutes. The contract ends when the reservation expires, provided the user has not used it. It is only possible to reserve the same bike again after 120 minutes have elapsed.

rental use

5.1 The user is only entitled to accept the bike within the business area and to use the bike on paved roads and (footpaths and cycle paths). The user is entitled to transport items or people up to a weight of 80 kg each and a total weight of 180 kg. The bike can also be used outside the business area.

5.2 The use of the bike by the user is at his own risk. The user must use the bike according to his individual (riding) skills and taking into account the respective traffic and weather conditions. When using the bike, the user and the persons transported by the user must observe the applicable provisions of the Road Traffic Act and Road Traffic Act at their own risk and expense. Persons and objects transported by the user on the bike must be adequately secured by the user and, if necessary, insured at their own expense.                   

5.3 The user is obliged to treat the bike with care and professionally. The user is prohibited from making any changes to the bike, in particular temporary or permanent conversions or other interventions on the bike and/or willfully damaging it.

5.4 Before starting to ride, the user must familiarize himself with the functionality of the bike and adequately check its essential components (especially brakes, steering, tires and lights). When renting, the user must check the bike for obvious defects and notify the provider immediately; this also applies to defects that do not necessarily prevent the use of the bike. If an existing defect could impair the road safety of the bike, the user is prohibited from using the bike.

5.5 The user must secure the bike to a fixed object (e.g. bicycle frame, signage pole) via Smartlock when parking, parking and at the end of the rental period using the parking brake and the chain provided by the provider; No public facilities (e.g. hydrant) may be impaired by the security. The chain must be passed around or through the fixed object and the end of the chain secured with the Smartlock. If the bike is found unsecured, the user must notify the provider immediately.

5.6 The user is prohibited from using the bike in the following cases: 

The user is under the influence of alcohol (more than 0.0%), medication, drugs or other intoxicating substances;

the user is in a (physical/mental) condition that prevents the user from using the bike safely;

a defect in the bike can noticeably impair its road safety;

the permissible maximum load of the bike totaling 180 kg is exceeded;

the user transports highly flammable, explosive, toxic or otherwise publicly hazardous substances;

the user uses the bike for competitions, test events, for towing;

the use of the bike is prevented by significant weather and/or weather-related conditions (e.g. hurricane, heavy rain, fresh snow, black ice).

the user allows third parties to guide the bike;

the user uses the bike for commercial transport (e.g. courier, taxi, messenger) without the consent of the provider;

the user transports objects with the bike whose quality, size, shape or weight could impair driving safety or damage the bike;

the user uses the bike to commit criminal or administrative offenses.

5.7 In the event of an accident (sudden mechanical force on the bike from the outside) - even if there is no visible damage to the bike and/or possession/property of third parties - the user must notify the provider immediately. If, in addition to the user, third parties or their property/possessions are involved, the user must inform the provider as well as the police and wait for them to arrive. The same applies in the event of theft or vandalism of the bike. If the bike is no longer usable and roadworthy due to an accident, theft or vandalism, the rental period ends automatically when the customer notifies the provider. 

5.8 The user is obliged to comply with the provisions of the StVO whenever parking the bike on public roads. It is particularly forbidden to leave and park the bike at traffic lights, at/in front of/on rescue routes and/or fire brigade access roads, on green spaces, at/in front of monuments, at/in front of parking space management facilities, at traffic signs, in the area of zebra crossings/traffic islands, at/ In front of mailboxes/parcel stations/telecommunications facilities, on/in front of shop windows and advertising media, in the entrance area of properties/buildings and driveways, in the area of public transport stops and platforms, on areas with a gradient of more than 3% and above manhole covers/ground hydrants etc. The user is prohibited from parking on private areas of third parties.

5.9 The user is liable to the provider for all damages incurred by the provider due to a culpable breach of the above obligations by the user. The user is obliged to indemnify the provider against third-party claims in this respect.

5.10 In the event of a culpable violation of the above obligations by the user, the user must pay the provider a contractual penalty of up to €300.00 for each individual violation. The provider expressly reserves the right to claim damages that go beyond this contractual penalty. In this case, the user must also indemnify the provider against all third-party claims.

5.11 The user is liable to the provider for all damage to the bike and to third parties, insofar as the user is responsible for this. The provider has a claim against the user for exemption from third-party claims; any contributory negligence of third parties remains unaffected. The user is aware that the provider has liability insurance for the bike. The user is prohibited from acknowledging any liability cases (causation of damage and extent of damage) to third parties without the consent of the provider. The user is not liable to the extent that an insurer actually compensates for the damage and does not take recourse against the provider. If the user acts with gross negligence, not only the amount of the deductible from the provider, but also any reduction in benefits by the insurer towards the provider (§§ 81 Para. 2, 28 Para. 2 VVG) is excluded from a liability limitation. The user is fully liable for intentionally caused damage.

5.12 The user is liable to the provider for all violations of traffic and regulatory regulations and other legal provisions, in particular the criminal code, which are culpably caused by him through use or non-use (parking, parking). In relation to third parties, the user must indemnify the provider from all claims.

5.13 As compensation for the effort that the Provider suffers from processing inquiries from the prosecuting authorities or third parties to determine administrative offences, criminal offenses or other public/private impairments committed during the User's rental period, the User is obliged to provide the Provider with a to pay an administration fee of €15.00; the user is free to prove that the provider has suffered no or only minor damage in individual cases.

rent period

6.1 The rental period is limited to a maximum of 24 hours and begins with the conclusion of the contract. The period of reservation does not count as rental time.

6.2 If the user nevertheless continues to use it, the rental agreement is deemed not to have been extended; § 545 BGB is excluded. In the event of a late return, the user must pay compensation for use in the amount of the agreed rent and a contractual penalty in accordance with Section 5.10; fault on the part of the user is irrelevant. Further legal claims of the provider remain unaffected.

7. Termination

The rental period ends upon completion of the rental process in the app. Parking or any other interruption or cessation of use of the bike does not lead to the end of the rental process. The user is responsible for being able to establish a sufficient connection to the app at the time the rental process is completed. There is no automatic termination at the end of the maximum rental period (6.1); Section 6.2 remains unaffected.

8. Return

8.1 Upon termination, the user must return the bike to the provider. The return is only possible in the business area. If the user returns the bike outside of the business area, the user bears the costs of transporting the bike to the business area by the provider. The costs of the return transport amount to €300.00 gross as a flat-rate compensation; the user is free to prove that no damage has occurred or that it has not occurred to this extent. The provider is free to prove that the damage in individual cases is significantly higher than the flat rate.

8.2 The return takes place by parking on public roads in the area of non-navigable road components (sidewalk or marked bicycle parking areas) without impeding traffic and without violating legal provisions (e.g. stopping and parking bans). Parking on private land or private roads is not permitted; this also applies to private courtyards, private/company/visitor car parks, multi-storey car parks, forest areas and park areas.

8.3 The bike must be returned in the contractual condition. Any defects or damage must be reported to the provider immediately.

8.4 When the bike is returned, it must be returned with the information provided by the provider in accordance with section 5.5. to secure. 

9. Compensation, Deposit

9.1 The remuneration of the provider is determined according to the price list of the provider applicable at the time the contract is concluded, unless the provider has agreed otherwise with the user.

9.2 Changes to the price list are possible at any time, but have no effect on current rental transactions. The provider will immediately inform the user of price changes in the app. 

9.3 All prices of the provider are gross prices including the statutory sales tax. The sales tax is determined according to the tax rate applicable at the time of invoicing and is to be borne by the user.

9.4 Discounts, cash discounts or other benefits or commissions require a separate agreement with the provider.

9.5 The rent is due for payment upon invoicing (item 10.5).

10. Billing, Payment

10.1 Invoices are created by the provider on the basis of these terms and conditions and the applicable price list. 

10.2 Payment is only possible with the credit card stored in the registered user's account. Payment by bank transfer or direct debit/ direct debit is excluded. The provider will then post an invoice to the user in the user's account and send it electronically. The user is obliged to exempt the provider from any transfer costs. 

10.3 Offsetting against claims of the provider is only permitted with counterclaims recognized by the provider or legally established. The same applies to rights of retention; Claims of the user according to § 812 BGB remain unaffected. Rights of retention from other contractual relationships with the provider are excluded. If the user is an entrepreneur, all rights of retention arising from contractual relationships between the provider and the user are excluded. 

10.4 In the event of a default in payment by the user, the provider is entitled to charge a flat fee of €7.00 for each reminder; the user is free to prove that the damage was less. If the user is in default of payment or the provider defers payment, the user is obliged to pay interest at the statutory rate. The assertion of further claims for compensation by the provider remains unaffected.

10.5 The provider will issue the user with an invoice for the rental process. The provider is entitled to combine several rental processes in one invoice (collective invoice) in a uniform period. Objections to an invoice must be made in writing or in text form within six (6) weeks of receipt of the invoice.

10.6 The provider is entitled to assign his claims from rental transactions to a third party, in particular for the purpose of collection. The provider will notify the user of the assignment.

11. Provider Liability

11.1 The provider is not liable for simple negligence, unless this relates to essential contractual obligations or injury to life, limb or health of the user. This also applies to breaches of duty by legal representatives or vicarious agents of the provider. The provider's liability for simple negligence is limited to foreseeable damage. 

11.2 No-fault guarantee liability on the part of the provider pursuant to Section 536a, Paragraph 1, 1st Alternative of the German Civil Code is excluded.

11.3 The provider is not liable for impairments that cannot be attributed to the provider, such as strikes or force majeure. 

11.4 Claims for compensation by the user against the provider expire within 12 months after the end of the rental period. This does not apply if the claims are based on intentional behavior on the part of the provider or injury to life, limb or health of the user or breaches of essential contractual obligations.

11.5 In the event of a breach of these obligations towards the provider, the user is liable for contributory negligence.

11.6 The provider maintains and repairs the bike including its battery at the required intervals. Due to the guaranteed flexible rental and return of the bike within the business area, the provider cannot guarantee that the battery required for the electrical support is fully charged at all times or sufficiently charged for the user's rental period.  

12. Termination

12.1 The provider is entitled to terminate a rental transaction with the user without notice if the user culpably fails to fulfill his contractual obligations despite the provider's request. 

12.2 The user is entitled to terminate a rental transaction at any time within the business area; this does not apply in the case of termination for good cause. In the event of termination for good cause, the user is obliged to pay the provider the agreed rent minus the expenses saved by the provider.

13. Changes to Terms and Conditions

The provider is entitled to change these terms and conditions at any time. The changed terms and conditions must be presented to the user in good time before the conclusion of the contract.

14. Miscellaneous, Place of Jurisdiction 

14.1 Changes or additions including ancillary agreements between the provider and the user must be in text form.

14.2 The law of the Federal Republic of Germany applies.

14.3 In the case of contracts with registered traders, persons under public law or special funds under public law or persons without a general place of jurisdiction in Germany, Berlin is agreed as the place of jurisdiction. For lawsuits and other legal remedies by the provider, the places of jurisdiction opened according to §§ 12 ff. ZPO also apply.

14.4 The contract language is German and in the case of a translation of these GTC, the German version of the GTC is decisive in the event of contradictions or deviations.

15. Privacy

The provider guarantees the necessary protection of the user's data. A separate privacy policy contains details.

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General Terms and Conditions as of February 1st, 2022

Terms of Service  

 

The following General Terms and Conditions apply to contractual relationships between AVO Mobility GmbH (“PROVIDER”) and third parties (“Users”).

 

1. Scope

 

1.1. All services provided by the PROVIDER to the user are based on these General Terms and Conditions ("GTC"). The GTC also apply to all follow-up transactions within the framework of an ongoing business relationship with a merchant as a user, without the need to refer to the GTC again when entering into follow-up transactions.  

 

1.2. Terms and conditions of the user that deviate from or supplement the GTC shall not become part of the contract unless such are recognized by the PROVIDER. Execution of services by the PROVIDER towards the user does not include any recognition of their terms and conditions.  

 

2. Scope of Services  

 

2.1 PROVIDER provides its services in accordance with the content of these GTC. Insofar as an additional or supplementary service should be required as part of the contract processing by the PROVIDER, which is not regulated in the GTC, the PROVIDER is entitled to provide this service unilaterally at its reasonable discretion (§ 315 BGB) and at the expense of the user in accordance with the additional services provided at the time to provide the applicable price list.  

 

2.2 PROVIDER provides the user with a cargo bike (“bike”) for the private transport of goods and people for a fee. Commercial use of the bike is only permitted with the consent of the PROVIDER. The bike has electric support. The available strength of the electrical support is determined by the PROVIDER. The user is not entitled to a specific type and/or strength of electrical support. PROVIDER is not responsible for the existence of electrical support for the entire rental period; the user is not entitled to a price reduction or compensation.  

 

  1. Registration  

 

3.1 Use of the PROVIDER's services is only possible for registered users. PROVIDER is entitled to check the data used by the user during registration. The user has no right to registration. Multiple registrations are excluded.

 

3.2 The user has to register via an application (“app”) made available by the PROVIDER. The user has no right to usability of the app on the end device used by the user. Registration requires a minimum age of 16 and payment details for a credit card belonging to the user or another payment method expressly accepted by the PROVIDER upon conclusion of the contract, a valid delivery address, a mobile phone number and email address.  

 

The PROVIDER is entitled to update the app at any time; the user must not incur any costs as a result or the usability of the app regarding ongoing rental processes and subscriptions must only be made slightly more difficult.

 

3.3 PROVIDER creates a personalized account for the user, which can be accessed via the app. The access data transmitted by the PROVIDER is personal and may only be used by the user. A transfer of access data to third parties is not permitted. The user is obliged to protect the access data from unauthorized access to third parties and to notify the PROVIDER of unauthorized access by third parties. If the user culpably violates his above obligations, he is liable to the PROVIDER. The user is obliged to inform the PROVIDER immediately if the personal data provided during registration and the data required for billing change. 

3.4 PROVIDER is entitled to deactivate the user's account if the user does not make a rental within a period of six (6) months, there are indications of unauthorized third-party use of the account or the user culpably breaches a material contractual obligation and his account has already been blocked beforehand was (3.7).  

 

3.5 Activation of the user in the app entitles him to submit offers to the PROVIDER. The activation itself does not represent a declaration of intent by the PROVIDER.  

 

3.6 The user is entitled to terminate his account at any time. PROVIDER is obliged to deactivate the user account immediately, but not before the end of the rental process or subscription and payment of all fees owed by the user.  

 

3.7 PROVIDER is entitled to block the user's account at any time for important reasons. An important reason exists in particular if the user is repeatedly in arrears with the payment of a not inconsiderable part of the rent despite a warning or if the user does not refrain from breaching essential obligations towards the PROVIDER despite a warning. An important reason also exists if the user provides incorrect information during registration or in the course of the contractual relationship or conceals facts and for this reason PROVIDER cannot be expected to continue the contract. An important reason also exists if the user uses a bike from the PROVIDER under the influence of alcohol or drugs in violation of the contract or passes on his access data to third parties or the user tries to read out, copy or manipulate the app with information technology methods or the user logs in several times registered or tried. PROVIDER is obliged to inform the user of the blocking of the account and to unblock the account immediately after the end of the behavior leading to the blocking.  

 

  1. conclusion of contract

 

4.1. The services provided by the PROVIDER represent a non-binding suggestion to the user to submit an offer. An offer by the user must be accepted by the PROVIDER. The user is not entitled to conclude a contract. If the PROVIDER does not accept an offer from the user, the user's claims for compensation are excluded.

 

4.2 A contract can only be concluded between the PROVIDER and the user via the app in which the user has to make an offer to rent the bike; an offer is always only possible for one bike. The user agrees that the PROVIDER electronically documents the conclusion of the contract. The contract is concluded when the PROVIDER activates the bike in the app ("rental process"). The conclusion of the contract regarding a subscription between the PROVIDER and the user takes place electronically (e-mail) and has to determine the term of the subscription.  

 

4.3. The bike can only be taken over in the business area of the PROVIDER. PROVIDER is entitled to change the spatial scope of the business area at any time; this only applies to current rental transactions and subscriptions if the change does not significantly affect the use and return of the bike by the user.  

 

  1. rental use

 

5.1 The user is only entitled to use the bike on paved roads and (footpaths and cycle paths). The use of the wheel is not limited to the business area. 

The user is entitled to transport items or people up to a weight of 80 kg each and a total weight of 180 kg.  

 

5.2 The use of the bike by the user is at his own risk. The user must use the bike according to his individual (riding) skills and taking into account the respective traffic and weather conditions. When using the bike, the user and the people being transported must comply with the applicable provisions of the Road Traffic Act and Road Traffic Act at their own risk and expense. Persons and objects transported by the user on the bike must be adequately secured by the user (using the available seat belts) and, if necessary, insured at their own expense.                    

5.3 The user is obliged to treat the bike with care and professionally and to refrain from any intervention in the bike as well as damage or impairments to it - which go beyond contractual use. The user is prohibited from making any changes, conversions or additions to the bike, even if these are only temporary and regardless of whether they can be easily removed, retracted/folded or similar.  

 

5.4 Before starting to ride, the user must familiarize himself with the functionality of the bike and adequately check its essential components (especially brakes, steering, tires and lights). At the beginning and during a rental process or subscription, the user must check the bike for obvious defects and immediately notify the PROVIDER of existing or subsequent defects; this also applies to defects that do not necessarily conflict with rental use. If an existing defect could impair the road safety of the bike, the user is prohibited from using the bike; in this case, the rental period ends with the notification of the renter and the user has no right to be provided with another (spare) bike.  

 

5.5 The user must secure the bike to a fixed object (e.g. bicycle frame, signage pole) via Smartlock when parking, parking and at the end of the rental period using the parking brake and the chain provided by the PROVIDER; No public facilities (e.g. hydrant, fence) may be impaired by the security. The chain must be permanently connected to the fixed object and the end of the chain secured with the Smartlock. If the bike is found unsecured, the user must notify the PROVIDER immediately.

 

5.6 The user is prohibited from using the bike in the following cases:   

 

  1. The user is under the influence of alcohol (more than 0.0%), medication, drugs 

or other intoxicating substances; 

  1. the user is in a (physical/mental) state that 

prevents safe use of the bike;

  1. a defect in the bike can noticeably impair its road safety;

  2. the permissible maximum load of the bike totaling 180 kg is exceeded;

  3. the user transports easily flammable, explosive, poisonous or otherwise 

dangerous substances; 

  1. the user uses the bike for competitions, test events, 

Tow away; 

  1. There are significant weather and/or weather-related problems associated with the use of the bike 

conditions (e.g. hurricane, heavy rain, fresh snow, black ice). 

  1. the user allows third parties to guide the bike; 

  2. the user uses the bike for commercial transport (e.g. courier, taxi, messenger) 

without the consent of the PROVIDER;

  1. the user transports objects with the bike, their nature, size, shape 

or weight impair riding safety or damage the bike 

assets; 

  1. the user uses the bike to commit criminal offenses or 

administrative offences.

 

5.7 The user must immediately notify the PROVIDER of any accident with the bike (sudden mechanical impact on the bike from the outside) - even without recognizable damage to the bike and/or possession/property of third parties. If, in addition to the user, third parties or their property/possessions are involved, the user must inform the PROVIDER as well as the police and wait for them to arrive. The same applies in the event of theft or vandalism of the bike. If the bike is no longer usable and roadworthy due to an accident, theft or vandalism, the rental period ends when the customer notifies the PROVIDER.  

 

5.8 The user is obliged to comply with the provisions of the StVO whenever parking the bike on public roads. It is particularly forbidden to leave and park the bike at traffic lights, at/in front of/on rescue routes and/or fire brigade access roads, on green spaces, at/in front of monuments, at/in front of parking space management facilities, at traffic signs, in the area of zebra crossings/traffic islands, at/ In front of mailboxes/parcel stations/telecommunications facilities, on/in front of shop windows and advertising media, in the entrance area of properties/buildings and driveways, in the area of public transport stops and platforms, on areas with a gradient of more than 3% and above manhole covers/ground hydrants etc. The user is prohibited from parking on private areas of third parties.  

 

5.9 The user is liable to the PROVIDER for all damages that the PROVIDER incurs as a result of a culpable breach of the above obligations by the user. The user is obliged to indemnify the PROVIDER against third-party claims in this respect.

 

5.10 In the event of a culpable violation of the above obligations by the user, the PROVIDER shall pay a contractual penalty of up to €300.00 for each individual violation. The PROVIDER expressly reserves the right to claim damages that go beyond this contractual penalty. Section 5.9 remains unaffected.  

 

5.11 The user is liable to the PROVIDER for all damage to the bike and towards third parties, insofar as the user is responsible for this. PROVIDER has a claim against the user for indemnification from third-party claims; any contributory negligence of third parties remains unaffected. The user is aware that the PROVIDER has liability insurance for the bike. The user is prohibited from acknowledging any liability cases (causation of damage and extent of damage) to third parties without the consent of the PROVIDER. The user is not liable to the extent that an insurer actually compensates for the damage and does not take recourse from the PROVIDER. If the user acts with gross negligence, not only the amount of the PROVIDER's deductible, but also any reduction in benefits by the insurer towards the PROVIDER (§§ 81 Para. 2, 28 Para. 2 VVG) is excluded from a liability limitation. The user is fully liable for intentionally caused damage.  

 

5.12 The user is liable to the PROVIDER for all violations of traffic, regulatory and penal regulations and other legal provisions that are culpably caused by him through use or non-use (parking). In relation to third parties, the user must indemnify the PROVIDER against all claims.

 

5.13 To compensate the PROVIDER for the effort involved in handling requests from law enforcement agencies or third parties to identify during the rental period or subscriptions  offenses committed by the user, criminal offenses or other public/private impairments, the user is obliged to pay the PROVIDER a flat-rate fee of €10.00 for each individual request; the user is free to prove that the PROVIDER has suffered no or only minor damage in individual cases.  

 

5.14 PROVIDER shall provide the user with a battery for the bike together with a local plug-in charger at the beginning of the subscription. PROVIDER is entitled to charge a deposit for the provision of the battery and charger; the deposit is to be refunded when the bike is returned. The user is not entitled to interest on the deposit. The user is obliged to use and store the battery and the charger in accordance with the operating instructions provided by the PROVIDER. PROVIDER is not liable for damage to the user as a result of using the battery and charger contrary to the content of the operating instructions. The user is not entitled to a specific loading speed. The user must notify the PROVIDER immediately of any defects in the charger and battery. Upon termination of the subscription, the battery, charger and the bike with all locks must be returned to the PROVIDER.

 

  1. rent period

 

6.1 The rental period of a rental process is limited to a maximum of 96 hours and begins with the conclusion of the contract; the period of a reservation does not count as a rental period. The rental period ends upon completion of the rental process in the app. Parking or any other interruption or cessation of use of the bike does not lead to the end of the rental process. The user is responsible for ensuring that he and the vehicle can establish a sufficient connection to the app at the time the rental process is completed. There is no automatic termination at the end of the maximum rental period. If the user continues to use the app after completion, the rental agreement is deemed not to have been extended; § 545 BGB is excluded.  

 

6.2 The rental period of a subscription is limited to the term of the subscription and begins with the conclusion of the contract. Parking or other interruption or cessation of use of the bike during the subscription does not lead to termination. The subscription ends at the end of the agreed term (“Termination”). The subscription is extended by the same term (maximum 12 months) unless the user objects to an extension in text form to the PROVIDER ( support@avocargo.zendesk.com ) within seven (7) calendar days before the subscription expires. A termination of the subscription by the user is determined by the statutory provisions.

 

6.3 PROVIDER is entitled to terminate the rental process or a subscription with the user without notice if the user culpably fails to fulfill his contractual obligations despite the PROVIDER's request.  In the event of termination for good cause, the user is obliged to pay the agreed rent to the PROVIDER less expenses saved by the PROVIDER.

 

6.4 In the event of a delayed return, the user must pay compensation for use in the amount of the agreed rent and a contractual penalty in accordance with Section 5.10; fault on the part of the user is irrelevant. Further statutory claims by PROVIDER remain unaffected.

 

  1. return  

 

7.1 Upon termination of the rental process or the subscription, the user must return the bike to the PROVIDER. The return is only possible in the business area. If the user returns the bike outside the business area, the user bears the costs of transporting the bike to the business area by the PROVIDER. The costs of the return transport amount to €300.00 gross as a flat-rate compensation; the user is free to prove that no damage has occurred or that it has not occurred to this extent. PROVIDER is free to prove that the damage in individual cases is significantly higher than the lump sum.  

 

7.2 The return takes place by parking on public roads in the area of non-navigable road components (sidewalk or marked bicycle parking areas) without affecting traffic or legal regulations (e.g. stopping and parking bans). Parking on private land or private roads is not permitted; this also applies to private courtyards, private/company/visitor car parks, multi-storey car parks, forest areas and park areas; Section 7.1 sentences 3-5 apply accordingly.  

 

7.3 The bike must be returned in the contractual condition. Any defects or damage must be reported to the PROVIDER immediately.  

 

7.4 The bike must be returned by the user in accordance with section 5.5. to secure.  

 

8. Compensation and Security Deposit  

 

8.1 The remuneration is determined according to the PROVIDER's price list applicable at the time the contract was concluded, unless the PROVIDER has agreed otherwise with the user.  

 

8.2 Changes to the price list are possible at any time, but have no effect on current rental transactions or subscriptions; this does not apply to an extension of the subscription in accordance with section 6.2. PROVIDER will immediately notify the user of price changes in the app or in text form.  

 

8.3 All prices from the PROVIDER are gross prices including statutory sales tax. The sales tax is determined according to the tax rate applicable at the time of invoicing and is to be borne by the user.

 

8.4 Discounts, cash discounts and other benefits or commissions require a separate agreement with the PROVIDER.  

 

8.5 Payment is due upon invoicing.

 

9. Billing and Payment  

 

9.1 Invoices are created by the PROVIDER on the basis of these GTC and the price list applicable at the time the contract was concluded or extended in accordance with Section 6.2.  

 

9.2 Payment is only possible with the credit card stored in the registered user's account or via PayPal, GooglePay or ApplePay ("payment method") if these are offered by the PROVIDER. The user is obliged to exempt PROVIDER from all transfer costs. Payment by bank transfer or direct debit or direct debit is excluded. The PROVIDER is entitled to change the payment method at any time, provided the user is informed of the change in text form in good time and payments by the user relating to ongoing rental transactions and subscriptions are not made significantly more difficult.  

 

9.3 Offsetting against claims by the PROVIDER is only permitted with counterclaims that have been recognized by the PROVIDER or have been legally established. The same applies to rights of retention; Claims of the user according to § 812 BGB remain unaffected. Rights of retention from other contractual relationships with PROVIDER are excluded. If the user is an entrepreneur, all rights of retention arising from contractual relationships between the PROVIDER and the user are excluded.  

 

9.4. The user can offset the net invoice amounts of invoices paid by selected third parties with whom the PROVIDER maintains a partner program (“partners”) during the period of a rental process or subscriptions with remuneration from the PROVIDER. The invoices are to be submitted electronically by the user together with the dated proof of payment. Clause 9.8 applies to invoice amounts that exceed the respective remuneration.  

 

9.5 PROVIDER is entitled to charge a flat fee of €7.50 for each reminder in the event of a default in payment by the user; the user is free to prove that the damage was less. If the user defaults on payment or the PROVIDER delays payment, the user is obliged to pay interest at the statutory rate. The assertion of further claims for compensation by the PROVIDER remains unaffected.

 

9.6 PROVIDER will issue the user with an invoice for the rental process. The PROVIDER shall issue the user with monthly partial invoices for subscriptions. The invoices are placed in the user's account and sent electronically. PROVIDER is entitled to summarize several rental processes in one invoice (collective invoice) in a uniform period. Objections to an invoice must be made in text form within six (6) weeks of receipt of the invoice.  

 

9.7 PROVIDER is entitled to assign its claims from rental transactions to a third party, in particular for the purpose of collection. PROVIDER will notify the user of the assignment.  

 

9.8 The user's credit balance is shown in the user's account and offset against the PROVIDER's existing or future compensation claims. The user is not entitled to interest or payment of credit.  

 

10. Liability PROVIDER  

 

10.1 PROVIDER is not liable for simple negligence, unless this relates to essential contractual obligations or injury to life, limb or health of the user. This also applies to breaches of duty by legal representatives or vicarious agents of PROVIDER. The PROVIDER's liability for simple negligence is limited to foreseeable damage.  

 

10.2 The no-fault guarantee liability of the PROVIDER according to Section 536a, Paragraph 1, 1st Alternative of the German Civil Code is excluded.

 

10.3 PROVIDER is not liable for impairments that cannot be attributed to PROVIDER, such as strikes or force majeure.  

 

10.4 Claims for compensation by the user against the PROVIDER expire within 12 months after the end of the rental period. This does not apply if the claims are based on intentional behavior on the part of the PROVIDER or injury to life, limb or health of the user or breaches of essential contractual obligations.  

 

10.5 In the event of a breach of the obligations incumbent on the PROVIDER, the user shall be liable for contributory negligence.

 

10.6 PROVIDER maintains and repairs the bike including its battery at the required intervals. Due to the guaranteed flexible rental and return of the bike within the business area, the PROVIDER cannot guarantee that the battery required for the electrical support is fully charged at all times or sufficiently charged for the user's rental period. In the subscription, the user is responsible for restoring the electrical support service in accordance with 5.14.   

 

11. Changes to Terms and Conditions  

 

PROVIDER is entitled to change these GTC at any time. The changed terms and conditions must be sent to the user in text form and confirmed by the user.  

 

12. Miscellaneous, Place of Jurisdiction  

 

12.1 Changes or additions including ancillary agreements between the PROVIDER and the user must be in text form.

 

12.2 The law of the Federal Republic of Germany applies.  

 

12.3 In the case of contracts with registered traders, persons under public law or special funds under public law or persons without a general place of jurisdiction in Germany, Berlin is agreed as the place of jurisdiction. For lawsuits and other legal remedies by the PROVIDER, the places of jurisdiction opened according to §§ 12 ff. ZPO also apply.  

 

12.4 The contract language is German and in the case of a translation of these GTC, the German version of the GTC is always decisive in the event of contradictions or deviations.  

 

13. Privacy

 

PROVIDER guarantees the necessary protection of the user's data. A separate privacy policy contains details.

 

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