General Terms and Conditions (GTC) SUmmer Bikes

Bicycle rental Bacher & Lenz, Dorf 104, 6542 Pfunds
Bacher Sportcenter, Dorfbahnstraße 73, 6534 Serfaus

1. Scope

These General Terms and Conditions (GTC) apply to all rental agreements for bicycles and accessories concluded between the lessor and the lessee. Any deviating conditions of the lessee will not be recognised unless the lessor expressly agrees to them in writing.

2. Rental object

The lessor rents out bicycles (including e-bikes) and optional accessories (e.g. helmet, lock, bike rack, etc.)
The exact rental object is specified in the respective rental agreement or booking confirmation.

3. Rental period and rental price

The rental period begins with the handover of the bicycle and ends with the proper return. Handover and return can only take place during the official opening hours of the location in 6542 Pfunds or 6534 Serfaus. The lessee is responsible for informing themselves about these opening hours in advance!

The rental prices are based on the current price list and must be paid before the start of the rental. In the event of a late return, the rental must be paid until the bicycle, including any accessories, is finally returned.

4. Handover and return

The lessee takes over the bicycle in perfect, roadworthy condition. The lessee confirms the proper condition upon takeover. The bicycle must be returned in the same condition, apart from normal, age-appropriate wear and tear. Handover and return can only take place during the official opening hours of the location in 6542 Pfunds or 6534 Serfaus. The lessee is responsible for informing themselves about these opening hours in advance! Returns outside opening hours are not possible.

5. Cancellation/adjustment of reservation

Up to 72 hours before the start of the rental, the reservation can be adjusted or cancelled free of charge (by telephone or in writing by email); after this time, the reservation is binding. Any differences in payment will be settled directly in the shop at the start of the rental. This means:

If a reservation is cancelled up to 72 hours before the start of the rental, no costs will be incurred and the payment already made will be refunded in full. The refund of the paid amount will be made within the following days to the credit card or PayPal account.

From 72 hours before the start, a 50% fee will be charged.

If the booked rental is not taken up, the full amount of the booked rental reservation is due. There is no entitlement to a refund of the payment made.

6. Lessee’s obligations

The lessee undertakes in particular to:

• use the bicycle exclusively in a proper manner and in accordance with legal regulations
• treat the bicycle with care
• not make any technical modifications
• not transfer the bicycle to third parties
• always secure the bicycle properly against theft
• comply with traffic, usage and safety regulations
• avoid riding under the influence of alcohol or drugs

7. Lessee’s liability / insurance

The lessee is liable for all damage, loss or theft of the rental object, regardless of fault.
In the event of theft or damage, the lessee’s liability insurance must always be claimed.
The lessee is liable for:

• repair costs
• loss of value
• costs of replacement in the event of total loss or theft
• ancillary costs (e.g. expert reports, transport)

The lessor’s existing insurance does not release the lessee from liability. The lessee is obliged to report any damage or theft immediately, at the latest within 24 hours, and to file a police report in the event of theft or partial theft.

8. Accident, damage, theft

In the event of an accident, damage or theft, the lessor must be informed immediately.
The lessee may only have repairs carried out with the express consent of the lessor.
If the lessee fails to report or file a report, they will be fully liable.

The lessee is responsible for the rented equipment as long as it is in their possession, i.e. in the event of loss, the lessee is liable. In this case, the current value of the rental object will be invoiced (calculation by the lessor). In the event of intentional damage to the equipment due to negligent handling, uncontrolled riding or carelessness, the lessee must pay for the resulting damage. The equipment is checked for any “signs of use” before it is handed over. These are recorded in writing. In the event of a puncture, the lessor is not obliged to organise a return transport. Any costs incurred for the return must be borne by the customer. Each rental bicycle is equipped with an emergency repair kit (spare inner tube, tyre levers, CO2 cartridge with adapter or pump).

If parts of the emergency kit are missing or used, the lessee is obliged to reimburse the lessor for these parts.

9. Lessor’s liability

The lessor is only liable for damage caused by intentional or grossly negligent conduct.
Liability for slight negligence is excluded. The lessor is not liable for:

• personal injury
• damage to property or financial loss of the lessee or third parties
• damage caused by improper use
• loss of personal belongings of the lessee

The use of the bicycles is at the lessee’s own risk.

10. Accident/illness/termination or cancellation during the agreed rental period

In the event of an accident or illness, the difference in the remaining rental period will be refunded with a medical certificate. The day on which the rental started will not be refunded. In the event of bad weather, no refund will be given for the rental after the start of the rental.

11. Deposit guarantee

No deposit needs to be paid when taking over the rental goods. However, a copy of an official ID (identity card or passport) is required.

12. Exclusion of certain uses

The following uses are prohibited in particular:

• participation in races or competitions
• use off public or approved paths
• use for commercial purposes
• use by persons who have not been instructed

13. Withdrawal and termination

The lessor is entitled to terminate the rental agreement without notice if the lessee breaches these GTC.
In this case, no refund of rental fees already paid will be made.

14. Data protection

The processing of personal data is carried out exclusively in accordance with the statutory provisions. Details can be found in the data protection declaration.

15. Place of jurisdiction and applicable law

The lessor endeavours to resolve disputes out of court. If the parties are unable to reach an agreement, legal action will be taken. This contract is exclusively subject to Austrian law.

The place of jurisdiction is the District Court of Landeck.

16. Salvatorian clause

If individual provisions of these GTC are wholly or partially ineffective, the effectiveness of the remaining provisions shall remain unaffected.