General Terms and Conditions
for the offer of SaaRental – Dein Bikeverleih UG (haftungsbeschränkt)
in particular for their online store under the URL
https://shop.saarental.bike
operated by
SaaRental – Dein Bikeverleih UG (haftungsbeschränkt)
Taubfeld 18
D-66121 Saarbrucken, Germany
E-Mail: hello@saarental.bike
Telefonnummer: +49173 17 64 640
Webpage: https://www.saarental.bike
– hereinafter: Provider –
1 Scope of Application
These General Terms and Conditions (GTC) shall apply after their inclusion to all contract conclusions concerning the purchase of goods, services or other goods (hereinafter referred to as "Goods") in the online store under the above URL as well as in the retail store in the version valid at the time of the conclusion of the contract. The rental transaction is also subject to the general rental terms and conditions stated further below. Deviating general terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.
2 Conclusion of the contract
2.1 The offers in the online store, in the newsletter and on the website represent a non-binding invitation by the provider to the customer to submit an order to purchase the goods offered in the store.
2.2 The order of the product(s) is made via the online order form of the provider, by e-mail, by telephone or can be made in the retail store. After selecting the desired product(s), entering or providing all requested mandatory information and going through all other mandatory steps in the ordering process, the selected goods can be ordered. In the online order form, the order is placed by pressing the order button at the end of the checkout page (order). By placing the order, the customer makes a binding contractual offer to purchase the selected good(s). The contract is concluded by the Provider accepting the Customer's offer. Acceptance is effected by the Provider confirming the conclusion of the contract in writing or text form (e.g. by e-mail) (order confirmation) and the Customer receiving this order confirmation or by the Provider delivering the ordered goods and the Customer receiving these goods or by the Provider requesting payment from the Customer (e.g. invoice or credit card payment in the order process) and the Customer receiving the request for payment; the point in time at which one of the alternatives mentioned in the first half-sentence occurs for the first time shall be decisive for the point in time at which the contract is concluded.
2.3 Prior to the binding submission of the order, the Customer can check its entries and correct them at any time. In the online order form of the Supplier, this is possible via the usual keyboard, mouse, touchpad, or other available input functions. In addition, all entries are clearly displayed again before the binding submission of the order. In the online store, the entries are displayed in a confirmation window and can also be corrected there using the usual keyboard, mouse, touchpad, or other available input functions.
2.4 The Supplier shall save the text of the contract after the conclusion of the contract and transmit it to the Customer in text form (e.g. by e-mail, in the store also as a printout upon request). The Supplier shall not make the text of the contract accessible beyond this. If the purchase was made via a customer account in the online store, the customer can view his orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, English.
Right of withdrawal for consumers
Consumers shall generally have a right of revocation for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Details can be found in the cancellation policy, which is provided to each consumer at the latest immediately before the conclusion of the contract.
4 Payment, Default of Payment
4.1 The prices listed in the online store at the time of the order shall apply. This also applies to orders placed by e-mail, by telephone or in the retail store. All prices are inclusive of the statutory value added tax. If necessary, additional shipping costs will be incurred, about which the customer will also be informed in the online store. The customer will be informed about the available payment options in the online store of the provider.
4.2 If "payment in advance" or "cash payment in the store" is selected, the purchase price is due immediately after conclusion of the contract.
4.3 If a payment method offered via the payment service "Stripe" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com/.
4.4 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
4.5 If a payment method offered via the payment service "Klarna" is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use for Germany can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_de/user and for Austria here: https://cdn.klarna.com/1.0/shared/content/legal/terms /K502554/en_at/user. General information about Klarna can be found here: www.klarna.com. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's Privacy Policy Germany/Austria.
4.6 If payment via "PayPal" is selected, the purchase price shall be due immediately after conclusion of the contract. The payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, Luxembourg.
4.7 If "Sofortüberweisung" is selected, the purchase price is due immediately after conclusion of the contract. The payment is processed via Sofort GmbH, Theresienhöhe 12, D-80339 Munich, Germany.
4.8 If Giropay is selected, the purchase price is due immediately after conclusion of the contract. The payment is processed by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany.
Retention of proprietary rights
Kaufware bleibt bis zur vollständigen Bezahlung des Kaufpreises Eigentum der Anbieterin.
Delivery and Retention of self-delivery
6.1 Unless otherwise agreed, goods are to be collected from the retail store during the applicable opening hours. The delivery of goods for sale shall be made within the delivery time stated in the online store to the delivery address specified by the customer. The applicable opening hours of the retail store and the delivery times for online orders can be found on the website and the online store.
6.2 If the Supplier is unable to deliver the ordered goods because he himself was not supplied through no fault of his own, although he has concluded a congruent covering transaction with a reliable supplier in good time, the Supplier shall be released from his obligation to perform and may withdraw from the contract. The Supplier is obliged to inform the Customer immediately about the impossibility of performance. Any counter-performance already rendered by the contractual partner shall be reimbursed to the latter without delay. Mandatory consumer law remains unaffected by this paragraph.
7 Product Warranty
The regulations of the legal liability for defects apply.
8 Liability
8.1 The Provider shall be liable without limitation:
• for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damages based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• on the basis of a warranty promise, unless otherwise agreed in this respect;
• on the basis of mandatory liability (e.g. under the Product Liability Act).
8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.
8.3 In all other respects, liability on the part of the Provider and the liability of its vicarious agents and legal representatives shall be excluded.
9 Data protection
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection provisions. For more details, please refer to the provider's privacy policy.
10 Final statements
10.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with usual residence in the EU being deprived of mandatory statutory provisions of the law of his country of residence.
10.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the Provider shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no residence within the European Union. The domicile of our company can be found in the heading of these GTC.
10.3 Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. information on online dispute resolution/consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
The provider is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our e-mail address can be found under the heading of these GTC.
General Rental Terms
for the offer of
SaaRental – Dein Bikeverleih UG (haftungsbeschränkt)
Taubfeld 18
D-66121 Saarbrucken, Germany
E-Mail: hello@saarental.bike
Telefonnummer: +49173 17 64 640
Webpage: https://www.saarental.bike
– hereinafter: Provider –
1 General:
1.1 The Provider shall make the rented item (bicycle and accessories) available to the Customer for private use for a fixed period of time until further notice. The rental period begins with the issue of the rental item by the Provider and ends with the return of the rental item to a storage location determined by the Provider.
1.2 The rental price for the agreed rental period shall be paid in advance, at the latest upon handover of the rented item (bicycle and accessories). The payment options are specified in the General Terms and Conditions.
1.3 The rental price is calculated in principle by days, unless otherwise agreed in writing. Excluded from this are separately posted offers. Inactive days for transport and pick-up/return are not charged.
The provider reserves the right to release rental items (bicycles and accessories), which are not collected as agreed, back into the rental after a retention period.
1.4 The Customer agrees that the Provider may collect and store personal data such as name, address and contact details within the scope of the rental relationship. The personal data must be proven upon request by means of an identification document, of which the Provider may make and store a photocopy. Information on data protection can be found in the general terms and conditions and the privacy policy of the provider.
2 Formation of a rental relationship and cancellation
2.1 The rental item (bicycle and accessories) can and should be reserved in advance, specifying the rental date and the rental period.
2.2 Reservations can generally be made via the online store, by telephone, by e-mail or in person at the retail store. Each reservation is binding on both sides. If technical reasons prevent this, the Provider reserves the right not to lend the rented item (bicycle and accessories). In this case, any payments made in advance will be refunded.
2.3 Cancellation of a reservation made is possible at any time before the start of the agreed rental. However, the Provider may claim reasonable compensation for expenses already incurred.
2.4 Cancellations are possible free of charge 24 hours before the agreed rental for individuals or three days before the agreed rental for groups of more than three persons. Thereafter, the Provider reserves the right to charge 100% of the agreed rental price in the event of a cancellation.
2.5 An extension of the lease is only possible after prior written agreement with the Provider before the end of the current lease. The Lessee has no right to an extension of the rental relationship, so that the Provider may refuse the extension without giving reasons.
3. Use in accordance with the intended purpose
3.1 The Customer shall use the rented items (bicycle and accessories) only for his own use or to pass them on to third parties authorized in accordance with the rental agreement. The use of the rented items is only permitted for private purposes. Subletting to third parties is expressly prohibited. The minimum age of the renter is 18 years.
3.2 The use of the rental item (bicycle and accessories) for competitions of any kind is not permitted, this also includes unlicensed competitions. Excluded from this are cycling events such as cyclosportive and XC-cyclosportive as well as so-called social rides.
3.3 The Customer is entitled to use the rented item (bicycle and accessories) during the agreed rental period in Germany and within the scope of "local border traffic" in France, Luxembourg and Belgium. Use in other countries requires a written agreement with the Provider.
3.4 The rented item (bicycle and accessories) shall be rented clean and in working order and shall be inspected and serviced for this purpose after each rental period by the Provider or by a third party commissioned by the Provider. By accepting the rented item (bicycle and accessories), the Renter acknowledges that it is in a defect-free, clean condition that is suitable for riding and use.
3.5 The Customer is aware that the rented item (in particular bicycle) may not be approved for road traffic within the scope of the German Road Traffic Regulations (StVO) due to its intended use (sports equipment).
3.6 The rented item (in particular bicycle) shall always be used in accordance with the standard "ASTM F 2043-09" for the intended use for bicycles and bicycle components.
3.7 The Customer shall use the rented item (bicycle and accessories) properly and carefully and shall protect it at all times in a suitable manner against damage, loss or theft.
3.8 Each User shall bear the responsibility regarding his/her state of health as well as his/her own suitability to use the rented item (bicycle and accessories). The Renter is aware of the risks and dangers that may arise from the use of the rented item (bicycle and accessories).
3.9 Während der Nichtverwendung durch den Nutzer ist der Leihgegenstand (Fahrrad und Zubehör) vor Beschädigung und Zugriffen Unbefugter sicher zu verwahren. Der Leihgegentand (insbesondere Fahrrad) müssen dazu außerhalb geschlossener Räume an massiven, feststehenden Gegenständen gesichert werden. Bei mehrtägiger Nutzung des Mietgegenstands ist dieses über Nacht in verschlossenen Räumen (Fahrradkeller) gesichert zu verwahren.
Die Anbieterin weist in diesem Zusammenhang daraufhin, dass der Leihgegenstand (Fahrrad und Zubehör) mit einem GPS-Tracker ausgestattet ist. Eine Überprüfung und Erfassung von Geodaten erfolgt nur beim Verdacht bzw. Hinweis über den Verlust oder Diebstahl des Leihgegenstands durch den Mieter oder durch Dritte.
3.10 In the event of defects to the rented item (bicycle and accessories) that do not permit further use or further travel, the Provider must be notified immediately. In the event of theft, the Customer further undertakes to inform the Provider immediately and to report the theft to the nearest police station.
3.11 The rented item (bicycle and accessories) must be returned properly cleaned and in undamaged condition at the end of the rental period. The Provider shall be notified immediately and without being asked of any defects that have occurred.
3.12 Die Rückgabe des Leihgegenstands (Fahrrad und Zubehör) hat, falls nicht anders schriftlich vereinbart, zum Ende des Mietzeitraums während der veröffentlichten Ladenöffnungszeiten zu erfolgen. Bei verspäteter Rückgabe ist der Mieter für jeden weiteren Tag zur Fortzahlung des Tagesleihpreises verpflichtet. Die Anbieterin behält sich vor, gegenüber dem Mieter für jeden Verzugstag zusätzlich Schadensersatz in Höhe des Tagesmitpreises einzufordern.
Bei vorzeitiger Rückgabe des Leihgegenstands (Fahrrad und Zubehör) hat der Mieter keinen Anspruch auf anteilige Rückzahlung des Mietpreises.
4 Liability
4.1 The Provider shall instruct the Customer on the proper handling of the rented item (bicycle and accessories) and the necessity of personal adjustment of the same. The Provider shall not assume any liability in the event of a breach of the obligations resulting therefrom by the Customer.
4.2 Furthermore, the Provider shall not be liable for accidents caused by the Renter himself/herself in connection with the use of the rented item (bicycle and accessories). Any other liability of the Provider for personal injury and property damage of the Customer or third parties in connection with the use of the rented item (bicycle and accessories) is excluded, with the exception of intent and gross negligence on the part of the Provider.
4.3 Damaged or defective parts of the rented item (bicycle and accessories) will be repaired or replaced by the Provider. The Customer agrees that the Customer shall bear the costs resulting therefrom. In this context, the Provider reserves the right to charge a rental deposit. This rental deposit may be retained in the event of damage and defects to cover the associated costs of repair or replacement as the Lessee's deductible.
4.4 The Customer shall be liable for the loss of the rental item (bicycle and accessories) as well as for damage to the same caused by improper handling or wilful damage to the rental item (bicycle and accessories). In such cases, the Provider may demand replacement of the rented item (bicycle and accessories).
4.5 If the damage to the rented item is attributable to a third party, the Provider's waiver of the Customer's claim shall not come into effect if the Customer does not immediately make all the determinations necessary to assert the claim and notify the Provider thereof.
Final statements
5.1 Amendments and/or supplements to the contract must be made in writing. Verbal collateral agreements shall be invalid.
5.2 Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
