FOCUS Testride

Rental Agreement - Terms of Use

between

Kalkhoff Werke GmbH (Legal Base) - Europa-Allee 26, 49685 Emstek, Germany


hereinafter „FOCUS“
and
User
hereinafter „User“

1 Object of agreement

This Contract governs the rental of eBikes with FOCUS Testride under the following terms and conditions:

  1. The rental agreement between FOCUS and the User is concluded in German. In the event of contradictions between the German and foreign language versions, the German version applies.
  2. The User will use FOCUS Testride exclusively via the FOCUS smartphone app. To do so the User needs an active user account.
  3. Use: Private Use
  4. Liability in case of damage: User
  5. Invoicing of damage incurred in course of Private Use: User
  6. Payment / Obligatory rates:  No

2 Registration

  1. The User must be 16 or older at the start of the registration.
  2. The User can register via the registration form in the app or by means of an invitation e-mail.
  3. Registration form
    1. After transmission of the relevant personal data, FOCUS will decide on the acceptance of the request to open a user account.
    2. FOCUS may reject requests without giving reasons.
    3. If the application is not accepted, the User has no entitlement to information.
    4. If the application is accepted, the User will be notified by e-mail. The User will be asked to provide his/her personal access data. After successfully inputting the access data, the User has created a user account.
  4. Registration invitation
    1. FOCUS determines whether or not to send the User an invitation e-mail.
    2. In principle, the User is not entitled to an invitation.
    3. If the decision is made to not send the User an invitation, the User has no entitlement to information.
    4. The User will be asked to provide his/her personal access data. After successfully inputting the access data, the User has created a user account.

3 User account

  1. The User is responsible for providing his/her access data (user name, password). The User must ensure that his/her personal access data is protected against unauthorized access by third parties.
  2. The User can change his/her password at any time and as many times as desired. In the event of a suspicion of misuse, the User is obliged to immediately inform FOCUS.
  3. Should changes to the User's personal data occur during the business relationship between the User and FOCUS, the User is obliged to correct his data via the app or to inform FOCUS  by e-mail.
  4. FOCUS has the right to deactivate the user account.
    1. In the event of deactivation, the User's right to use FOCUS Testride lapses.
    2. The User is not entitled to be informed with regard to the deactivation of his/her user account.
  5. The User has the right to delete his/her user account.
    1. The User must direct the request for deletion to FOCUS in an e-mail stating the surname, first name, e-mail and the reasons for deletion.
    2. After successful acceptance of the request, all user data will be anonymized and deleted.
    3. Later recovery of the user account is not an option.
    4. The User will be notified that his/her user account was successfully deleted.

4 Start and duration of the rent

  1. The User is entitled to use eBikes via the app by means of his/her personal access (active user account).
  2. The User is not legally entitled to rent an eBike.
  3. The User can rent an eBike immediately or reserve it for a time in the future.
  4. The User can cancel a reservation in observance of the cancellation notice period and without giving reasons.
  5. The rental period is limited; start and end are derived from the start of the rental and the chosen rate (rent duration).
  6. The User is obliged to return the eBike in a defect-free condition at the agreed place and no later than at the agreed time of return.
  7. If the user continues the use of the eBike after expiry of the agreed rental period, the rental is not automatically extended.
  8. In the event of exceeding the rental period, FOCUS reserves the right to enforce payment of an obligatory penalty.

5 Conditions of use

  1. Subletting or use by third parties is prohibited.
  2. The User undertakes to treat the eBike with care and with skill.
  3. The User undertakes to charge the eBike exclusively at FOCUS charging stations or with the original charger of the manufacturer of the motor.
  4. The User undertakes to comply with all regulations, traffic rules and technical rules relevant to the use. This applies in particular to country-specific road traffic regulations.
  5. Information on the operation of eBikes can be viewed via the smartphone app.
  6. The User may only use eBikes without defects.
  7. The eBike must always be locked correctly and securely.
  8. The eBikes may not be used:
    1. for transport of additional passengers
    2. by persons under the influence of alcohol or drugs (zero % threshold)
    3. in windy and/or gusty weather conditions
    4. for no-handed driving
    5. if the eBike is not roadworthy
  9. The following is prohibited:
    1. Exceeding the permissible total load capacity of the eBike (weight of eBike + weight of driver + weight of items transported <= permissible total weight)
    2. Attaching parts on the eBike
    3. Modifications to the eBike
  10. After the User has received confirmation of the return, the User may no longer use the eBike. This also applies in the event of termination of the rental by FOCUS via remote maintenance.

6 Liability

6.1 Operational Use

  1. Criteria
    1. There is a valid employment relationship between the User and the Client (employer).
    2. The User uses the eBike for business-related journeys during working hours.
    3. The User uses the eBike for commuting.
  2. Fines from the commission of administrative offences during the use of the eBike are to be borne by the User.
  3. Liability during the rental
    1. Costs for personal injury of the User are to be borne by the Client (employer)
    2. Costs for damage to the eBike are to be borne by the Client (employer)
    3. Costs for theft of eBikes are to be borne by the Client (employer)
    4. Costs for damages inflicted on third parties are to be borne by the Client (employer)
  4. Claims for damages against third parties are to be assigned to the Client.
  5. In the event of damage caused by intent or gross negligence by the User, the Client may assert its claims against the User.

6.2 Personal Use

  1. The User uses the eBike for journeys for personal purposes
  2. Fines from the commission of administrative offences during the use of the eBike are to be borne by the User.
  3. Liability during the rental
    1. Costs for personal injury of the User are to be borne by the User himself/herself and/or his/her health insurance
    2. Costs for damage to the eBike are to be borne by the User up to a maximum of EUR 150.00 net
    3. Costs for theft of the eBike are to be borne by the User, in the amount of EUR 150.00 net
    4. Costs for damages to third parties are to be borne by the User
  4. If the Client assumes the costs for 3 b) and 3 c), FOCUS will assign claims for damages to the Client and submit the necessary rental and personal data once.

7 Defects/damage to the eBike

  1. At the start of the rental process, the User must check that the eBike is free of defects.
  2. If the User detects a defect, it must be reported immediately, truthfully and in full detail to FOCUS via the app.

8 What to do in the event of an accident with third-party involvement

  1. Accidents must be reported to FOCUS immediately via the app (“Schadensbericht/Damage report”).
    1. Circumstances of damages incident:
      1. Type: Accident
      2. Injuries: Yes/No
      3. Accident location: Exact address
      4. Address: Persons involved in the accident
      5. Account of the circumstances of the accident
    2. Description of damages:
      1. List of damage to the rental objecti
      2. List of damages to the persons involved in the accident
  2. If persons are involved in the accident, the police must be notified.
  3. Upon request, the User must prepare a detailed accident report and send this to FOCUS.
  4. If the user attributably disregards this duty of notification, he/she is fully liable for the damages resulting from the violation of this obligation.

9 What to do in the event of theft

  1. The user undertakes to secure the eBike sufficiently against theft (to close the integrated U-lock when leaving the eBike).
  2. In the event of any theft, a police report must be filed and FOCUS must be alerted immediately.

10 Liability of FOCUS

  1. FOCUS is not liable for material defects visible at the start of the rental.
  2. FOCUS is not liable for damage to items (including, but not limited to, smartphones) that are transported by eBike excepting where caused by intent or gross negligence by FOCUS.
  3. All other liability of FOCUS is excluded except where involving intent or gross negligence.

11 Prices

  1. Registration is free of charge.
  2. For Operational Use, the selected rate (duration of the rental) is free of charge.
  3. For Private Use, the selected rate (duration of rental) either incurs costs or is free of charge.
    1. Rates subject to obligatory costs are identified as such.
    2. Rates subject to obligatory costs are governed by the provisions under 12 Rental subject to obligatory costs
  4. The credit account is free of charge.

12 Rental subject to obligatory costs

  1. FOCUS settles the use of FOCUS Testride against the User against its own virtual currency.
  2. The internal currency is called the “Credit”.

12.1 Credit account

  1. The User has his/her own credit account.
  2. The User can access the current account status of his/her credit account at any time via the app.
  3. The app will then instruct the User on how new Credits can be acquired.

12.2 Buy Credits

  1. The user can purchase Credits (EUR2Credits) online via the app.
  2. FOCUS offers several payment methods subject to reservation. 
    (e.g. PayPal, SEPA direct debit, credit card, etc.)   
  3. After purchase, the Credits are immediately credited to the User's credit account.
  4. Credits acquired are valid indefinitely.
  5. Credits cannot be exchanged into EUR.

12.3 Instant rental

  1. When creating an instant rental of an eBike, the User's credit account will be debited immediately in the amount of the selected rate (Credits).

12.4 Reservation/rental in the future

  1. When reserving an eBike, the User's credit account will be debited immediately in the amount of the selected rate (Credits).

12.5 Cancellation of a rental

  1. In the event of a cancellation, the Credits specified in the rate will be credited to the User's credit account.

12.6 Late termination of the rental

  1. In the event of late return of the eBike, the User is obliged to pay reasonable compensation of damages.
  2. FOCUS reserves the right to charge damages to the User.

12.7 Rental/reservation does not start

  1. In the event that the User does not begin a rental that is subject to obligatory costs, the User is not entitled to a refund of Credits at the booked rate.
  2. Credits due via the rate booked will not be refunded.

12.8 Accident/damage

  1. In the event of an accident or damage caused by third parties during an active rental, the User is entitled to a refund of the Credits of the booked rate.
  2. The refund will be credited to the User's credit account.

12.9 Price increase/Change in rate

  1. FOCUS  is entitled to adjust rates once per quarter.
  2. The adjustment may relate to changing market conditions, in the event of significant changes in procurement costs, changes in value-added tax or procurement prices.

13 Right of withdrawal

  1. The User is entitled to withdraw from this contract within fourteen (14) days without giving reasons.
  2. The withdrawal period is fourteen (14) days from the date of conclusion of the contract.
  3. In order to exercise the right of withdrawal, the User must inform FOCUS, in an unambiguous statement (e.g. a letter sent by post, fax or e-mail) of the decision to withdraw from this contract.
  4. The User may use the attached template withdrawal form, but is not required to do so.
  5. A notification of the exercise of the right of withdrawal sent before the expiry of the withdrawal period is sufficient to exercise the right of withdrawal.

13.1 Consequences of withdrawal

  1. If the User withdraws from this Contract, FOCUS will refund all payments made by the User no later than fourteen (14) days from the date on which the User's notice of withdrawal is received.
  2. Unless explicitly requested otherwise, the same means of payment used for the original transaction will be used to make payment of the refund; in no event will fees be charged for this refund.

13.2 Special notice

  1. The User expressly consents to FOCUS beginning performance of the Contract before the expiry of the withdrawal period.
  2. The User is aware that by consenting to the start of performance of the contract the User loses his/her right of withdrawal.

13.3 Template withdrawal form

  1. The template withdrawal form is available for download free of charge.

14 Miscellaneous

  1. German law applies.
  2. There are no oral side agreements.
  3. The place of jurisdiction is Traunstein in Germany.