1. Scope of application
The bike rent service is provided by Rent a Bike AG («RaB») in Willisau (hereinaft er referred to as Lessor) who is owner of the rental bikes. The rental conditions are an integral consti tuent part of the rental contract. By signing the rental agreement, the renter confirms that he/she has read these rental conditions and accepts them unconditionally.
2. Contractual relationships
The contract will be concluded between the customer and RaB. SBB AG, the authorised transport enterprise, and other partners will act as intermediaries for the RaB service.
3. Vehicle takeover
3.1 Acceptance of the vehicle
The Hirer shall take over the rented vehicle in a clean and operationally safe condition. The Hirer is obliged to check the rented vehicle for visible damage and to test the functionality of the brakes and gearstick before driving off. Any complaints on the part of the Hirer must be reported to the Rental Firm or the agent when the vehicle is handed over. The renter must identify himself/herself with an official document (identity card, GA, ½-Tax-Abo, driving licence).
3.2 Vehicle use and restrictions
The Hirer undertakes to comply with the Road Traffic Act and to use the rented vehicle and any accessories properly and carefully. It is not permissible to drive a rental vehicle in a state of reduced reactivity, caused in particular by alcohol, medication, drugs, overtiredness or illness.
The hirer is responsible for any damage caused to the hired vehicle or to third party property as a result of negligence or improper use of the hired vehicle. It is not permitted to misuse the vehicle for any other purpose, to transport one or more additional persons on the luggage carrier, or to drive over obstacles where it is obvious that the vehicle may suffer damage. The use of the rental equipment for racing purposes is prohibited.
3.3 Vehicle return
The lessee is obliged to return the rental vehicle to the lessor before the end of the rental period stated in the rental agreement at the return point stated in the rental agreement during its opening hours. The rental charge for late returned or incorrectly parked rental objects as well as the resulting consequential costs shall be claimed from the Hirer. The vehicle and all additional accessories rented or provided by the Lessor, such as loading equipment, child seats, keys, bicycle helmets, etc., must be returned to the Lessor in full and in perfect condition when the vehicle is returned. Loss or damage will be charged to the Hirer.
4. Extension of the rental period
An extension of the tenancy is only possible with the landlady's consent before the end of the current tenancy. The lessor may refuse the extension without giving reasons. The rental price will be recalculated, the surcharge is to be paid at the latest when the vehicle is returned.
5. Minimum age of the tenant
5.1 General minimum age
Children and young people under the age of 16 must be accompanied by an adult. Children and young people under the age of 16 who are not accompanied by an adult may only rent bicycles with the written consent of their parents or guardians.
5.2 Legal requirements e-bike
The minimum age for drivers of an e-bike with a maximum speed of 25 km/h is 16 years by law. (Art. 5 para. 2 let. d VZV and Art. 6 para. 1 let. f VZV). Between 14 and 16 years of age, a category M driving licence is required (art. 3 para. 3 VZV).
For the rental of an S-Pedelec 45km/h, at least a driving licence of cat. M is required (or car driving licence). Wearing a helmet is compulsory.
The lessee will take delivery of the bicycle in an operationally safe and clean state. Any complaints from the lessee must be noti fi ed to the lessor when the bicycle is handed over. The lessee must prove his/her identi ty by means of presenti ng an offi cial document (passport, identi ty card, travel card, ½ price discount card, driver’s licence).
6. Services and prices
The prices of the price list valid at the time of the rental and published in the brochure of the lessor apply, including the discount provisions contained therein. Misprints excepted. Discounts are only granted on presentation of the corresponding ID card. Discounts are granted on site and cannot be cumulated.
7. Cancellation / Termination
A confirmed reservation can be cancelled or adjusted free of charge up to 48 hours before the start of the rental period.
Bookings cancelled less than 48 hours before the start of the rental period will be charged at 100% in accordance with the applicable rates. In the event of cancellation of the rental, there is no entitlement to reimbursement of the remaining rental time not used
8. Liability and insurance
8.1 Accident and property and liability insurance
Insurance is the responsibility of the renter. By concluding the rental contract, the renter confirms that he/she has liability insurance and thus sufficient cover for the risks involved in riding the bicycle or e-bike. Liability also extends to damage costs such as expert costs, depreciation, repair or loss of rental income costs.
8.2 Defects during the rental period
In the event of defects during the rental period, the renter may exchange his rental vehicle for an equivalent vehicle at another RaB rental station. If there is no rental station nearby or no replacement bicycle available, the renter may have the defect repaired at the nearest specialist dealer with the consent of RaB. The repair costs can be claimed from the rental company against a receipt. The renter is in any case responsible for the return transport of the bicycle to the nearest possible return point.
8.3 Damage, theft and loss
The Hirer is obliged to notify the Rental Firm of any damage or loss that has occurred. The hirer shall be liable for all damage caused to the hired object and its accessories during the hire period as a result of falling, vandalism, the effects of elements, manipulation, accident (plates caused by broken glass), the effects of transport and improper or improper use. The costs for minor damage and loss of material will be charged to the customer directly by the rental agency in accordance with the official RaB price list. In the event of theft or loss of the rental object or accessories during the rental period, the renter is liable. The vehicle must always be secured. The loss will be charged to the hirer at the replacement value. If the Hirer hands over the vehicle to a third party, he/she shall in principle be liable for any damage and consequential damage caused to the vehicle by a third party.
Accidents and falls with material damage must be reported to RaB immediately. If persons are injured and/or property damage is caused to third parties or if a third party is involved as a possible (co-)perpetrator, the police must be called in immediately and an accident report must be filled out. A copy of this must be sent to RaB.
9. Final provisions
9.1 Liability of the Provider
The Lessor accepts no responsibility whatsoever and excludes all liability for damage suffered by the Customer as a result of the performance of this contract, unless the Provider can be proven to have acted with intent or gross negligence.
The liability of the lessor for indirect damage, consequential damage, third-party damage and loss of profit is generally excluded.
9.2 Liability of the customer
The customer is primarily liable in accordance with the provisions contained in these GTC and secondarily in accordance with the statutory regulations if he has damaged the rental vehicle, has not returned it properly or has stolen it or has breached his obligations under the GTC. The customer's liability also extends to the ancillary costs of damage such as expert costs, repair costs or loss of use.
Insurance (accident and property & personal liability) is the responsibility of the customer.
9.4 Applicable law and place of jurisdiction
This contract is subject to Swiss law. The exclusive place of jurisdiction is Willisau (LU).
Willisau, may 2020