Allgemeine Geschäftsbedingungen
Terms of Service - Date: 18.4.2023
Preamble
Rider Mobility Solutions GmbH
Lichtentaler Gasse 16-18, 1090 Vienna, Austria,
owner: Mr. Achraf Tlemsani is the provider (hereinafter "PROVIDER") of the website www.lieferando.rider.at.
The PROVIDER enables CUSTOMERS to use e-bikes (hereinafter referred to as "RENTAL OBJECT")
on a rental basis against payment for a certain period of time.
The PROVIDER directs its service exclusively to entrepreneurs within the meaning of section 1 para. 1 no. 1 KSchG (Austrian Customer Protection Act).
For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.
Scope
These General Terms and Conditions (hereinafter referred to as "GTC")
govern the contractual relationship between the PROVIDER and the CUSTOMER.
Any GTC of the CUSTOMER shall not apply.
Each party is obliged to observe the relevant legal provisions (in particular those of a fiscal, social insurance, commercial and data protection nature) on its own responsibility. It is pointed out that a fee may have to be paid to the Republic of Austria for rental transactions. The PROVIDER shall not be liable for failure to pay this fee.
Usage requirements
The CUSTOMER is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He shall treat his data confidentially.
The CUSTOMER shall refrain from all measures that could endanger or impair the technical provision of the website (including cyber attacks). Such behaviour will be legally prosecuted.
It is the responsibility of the CUSTOMER to ensure the necessary qualifications for the use of an e-bike and to comply with the applicable (traffic) regulations. The PROVIDER accepts no liability or responsibility for any misconduct on the part of the CUSTOMER.
Offer and conclusion of contract
By clicking the button "Rent now with costs" and entering the required data in the input mask, the CUSTOMER makes a binding offer to conclude a contract with the PROVIDER. The PROVIDER is not obliged to accept this offer. The PROVIDER has previously placed an advertisement (
offer to make an offer
) on the website. This offer to make an offer is non-binding.
The PROVIDER confirms receipt of an offer to the CUSTOMER by sending an e-mail to the address provided by the CUSTOMER ("
confirmation of receipt
"). This e-mail does not constitute acceptance of the offer by the PROVIDER.
The PROVIDER may accept offers by confirming acceptance of the offer in a further e-mail ("
order confirmation
") or implicitly by providing access to the rental object.
The fee to be paid by the CUSTOMER to the PROVIDER as well as the duration of the rental period results from the PROVIDER's offer to make an offer.
Payment modalities
The fee is payable by the CUSTOMER monthly in advance and is determined by the date of the conclusion of the contract (or the date on which it is debited).
The CUSTOMER shall ensure that the credit card and other means of payment used for the transaction are sufficiently covered.
The payment methods accepted by the PROVIDER are shown on the Website.
The prices indicated on the Website are in EUR. In case of doubt, VAT is not yet included and must therefore be added.
The PROVIDER uses the payment service provider "Stripe" for payment transactions.
The CUSTOMER is not required to pay a deposit.
The PROVIDER reserves the right to adjust the fee to the current inflation. He is therefore entitled to adjust the fee once a year to the Austrian consumer price index, as published on the website of Statistics Austria.
Claims shall become due upon invoicing and shall be paid within seven days. The contracting parties agree on a default interest rate of 9.2% per annum irrespective of fault. EUR 40.00 per letter may be claimed for the drafting of the reminder.
Rules regarding rental of object
The PROVIDER shall provide the CUSTOMER with the agreed RENTAL OBJECT for the agreed period on the basis of a tenancy (“Miete”). The provisions of tenancy law within the meaning of section 1090 following ABGB (Austrian Civil Code) shall apply.
In return, the CUSTOMER undertakes to pay the PROVIDER the agreed remuneration.
The RENTAL OBJECT shall be collected from the PROVIDER at the agreed time. The payment obligations shall commence irrespective of whether or not the RENTAL OBJECT has been taken over by the CUSTOMER. This applies as long as the RENTAL OBJECT can be handed over to another customer.
The CUSTOMER must identify himself to the PROVIDER at the time of collection.
The CUSTOMER shall be obliged to return the the RENTAL OBJECT to the PROVIDER in a sound and serviceable condition.
After expiry of the agreed period, the CUSTOMER shall return the rented the RENTAL OBJECT to the PROVIDER at the agreed time in the same condition as it was taken over.
Subletting by the CUSTOMER to third parties is prohibited.
It is pointed out that the the RENTAL OBJECT must always be securely locked and stored.
Please note that the the RENTAL OBJECT must not be exposed to unusually high or low temperatures.
In the event of loss of the the RENTAL OBJECT, the CUSTOMER must immediately provide the PROVIDER with a police report of the loss.
In the event of damage to the rental object, the CUSTOMER must notify the PROVIDER immediately.
Obligation to cooperate
The CUSTOMER is obliged to cooperate to the extent necessary for the use of the RENTAL OBJECT. Any failure on the part of the CUSTOMER to do so shall not be at the PROVIDER's expense and, in particular, shall not reduce the PROVIDER's claims to remuneration.
Liability
The PROVIDER's liability for slight negligence is excluded.
The PROVIDER shall not be liable for any loss of profit by the CUSTOMER.
In general, the PROVIDER is not liable for the conduct of the CUSTOMER.
Use of subcontractors
The PROVIDER may use subcontractors (vicarious agents pursuant to section 1313a ABGB) for the performance of its obligations under this contract.
Change of the GTC
The PROVIDER is entitled to amend these terms and conditions at any time. The PROVIDER shall inform the CUSTOMER of such amendments by sending the amended terms and conditions to the email address last notified to the CUSTOMER. The CUSTOMER has the right to object to this change. If no objection is made by the CUSTOMER within 14 days of this amendment being sent, it shall be assumed that the amendment to the General Terms and Conditions of Business has been accepted. Unilateral and factually unjustified changes to the General Terms and Conditions cannot be implemented in this way.
Data protection and protection of business and trade secrets
The disclosure of data and information to the respective required contractual partners is permitted to the extent necessary for the fulfillment of the contractual relationship and on the basis of predominantly justified interests and legal obligations (iSd Art 6 para 1 lit b, c and f GDPR). Otherwise, the PROVIDER and the CUSTOMER shall be obliged to maintain secrecy with regard to the data of which they become aware as a result of the present business relationship and, in particular, to observe data secrecy. These obligations regarding data and business secrecy shall also apply beyond the contractual relationship.
The PROVIDER draws attention to the fact that the CUSTOMER's data may be processed for advertising purposes on the basis of legitimate interests (Art 6 (1) (f) GDPR).
The CUSTOMER may object to this form of data processing at any time (Art 21 (2) GDPR)
.
Further information on the processing of personal data can be found in the data protection declaration.
Apart from statutory storage obligations (within the meaning of section 212 UGB [Austrian Business Act]), the PROVIDER is under no obligation to store data obtained in the course of the business relationship beyond the contractual relationship.
Contract period and compensation
The contractual relationship is concluded for an indefinite period. It can be terminated with a notice period of three days to the last day of each week (Friday).
In the first three weeks of the contractual relationship, the CUSTOMER's ordinary right of termination is excluded. If the CUSTOMER wishes to terminate the contractual relationship before the expiry of three months, he shall pay the PROVIDER a processing fee of EUR 60.00 plus VAT plus the payments (already) made to date.
The PROVIDER reserves the right of immediate special termination in the following cases:
- The CUSTOMER is more than 10 days in arrears with an instalment.
- The CUSTOMER does not keep the RENTAL OBJECT in a safe place.
- The CUSTOMER is involved in an unusually high number of accidents.
- The CUSTOMER uses the RENTAL OBJECT in a careless manner.
Note: Should the CUSTOMER treat the RENTAL OBJECT without care or not keep it safe, the PROVIDER reserves the right to take legal action against the CUSTOMER.
Revenue and applicable law
This contractual relationship is based on Austrian law and this is deemed to be agreed. The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) as well as of conflict-of-law rules is excluded.
The court with subject-matter jurisdiction in Vienna is agreed as the exclusive place of jurisdiction.
The place of performance is Vienna.
Further issues
If any part of these terms and conditions should be invalid, the validity of the remaining terms and conditions shall not be affected thereby. The ineffective condition shall be replaced by such an effective condition that comes as close as possible to the economic intent of both contracting parties as discernible from the agreement.
Amendments to these terms and conditions as well as supplements thereto shall only be valid if agreed and signed in writing.
The PROVIDER recommends that the CUSTOMER save these GTC permanently.
(April 2023)
Imprint according to § 5 ECG, § 25 MedienG and § 14 UGB:
Rider Mobility Solutions GmbH
Owner: Mr. Achraf Tlemsani
Lichtentaler Gasse 16-18, 1090 Vienna, Austria
UID number: ATU79331037
[email protected]
06601333166
Supervisory Authority: Magistrate for the 9th District
FN602315h
Member of the Austrian Chamber of Commerce:
RIS - Gewerbeordnung 1994 - Bundesrecht konsolidiert, Version vom 11.12.2020 (bka.gv.at)
In the case of online transactions, reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 (1) sentence 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards, provided that the customer is a consumer. The provider is not prepared to participate in such arbitration proceedings.
Author: RA Dr. Tobias Tretzmüller, LL.M.
Any use of these terms and conditions requires the express consent of the author.
