(English translation, for binding terms please see the German page)
The following terms of use form the basis of the rental agreement between the student body (lender) and the borrower (students and employees of the Bauhaus-Universität Weimar):
General rental conditions:
The cargo bike is available to the borrower exclusively for the performance of their tasks (tasks of the student body according to § 80 ThürHG or official tasks of the employees).
The student body as lender lends the cargo bike GLEAM Flex. Work or Bergamont E-Cargoville LJ Expert (hereinafter referred to as the bicycle) for the sole use of the borrower. Borrowers must be of legal age at the time of rental. The borrower is obliged to return the bike properly, including any accessories provided (e.g. key for lock and transport box), at the end of the agreed rental period. The borrower cannot assert any claims against the lender if the booked bicycle cannot be made available or cannot be made available on time, e.g. because it was not returned on time by a previous user or the bicycle is defective.
1. the bicycle and its use
1.1 The borrower shall check the roadworthy condition of the bicycle (in particular tires, brakes, gears and lights) and the accessories before taking possession of the bicycle. If the bicycle or accessories have defects that jeopardize road safety, the bicycle may not be used. The lender must be informed of the defective condition immediately. By accepting the bicycle, the borrower acknowledges that it and its accessories are in a roadworthy, roadworthy, defect-free and clean condition.
1.2 The borrower is obliged to notify the lender of any defects that occur during the rental period immediately, but at the latest when the bicycle is returned.
1.3 The borrower may only use the bicycle in a roadworthy manner in compliance with the statutory regulations, in particular the road traffic regulations. He/she may only use the bicycle on authorized routes and for no other purpose than its intended use. The borrower must check the use of the cargo bike according to the weather conditions and behave accordingly in traffic.
1.4 The borrower is obliged to treat the bicycle with care and in accordance with the technical regulations.
1.5 The borrower may not use the bicycle while under the influence of alcohol (0.0 per mille).
1.6 The bicycle may only be ridden by the borrower. He/she is not entitled to allow a third party to use the bicycle.
1.7 Der Akku darf nur ordnungsgemäß mit dem zur Verfügung gestellten originalen Ladegerät geladen werden.
1.8 Das Fahrrad darf nicht zu gewerblichen Zwecken oder für eine Fahrt ins Ausland verwendet werden. Das Fahrrad darf nicht zu rechtswidrigen Zwecken verwendet werden.
1.9 Wearing a high-visibility vest and a bicycle helmet is recommended. The lender will provide a high-visibility vest if required.
2. return of the bicycle
The borrower must return the cargo bike in the condition in which it was received to the location in the bicycle garage and the corresponding keys to the lender at the agreed time. Otherwise, any damage and defects that have occurred must be recorded in the protocol at the time of handover.
An extension of the rental period requires the consent of the lender before the rental period expires.
The borrower undertakes to return the equipment properly at the end of the rental period.
3. repair
The borrower is not permitted to carry out repairs to the bicycle himself/herself. In the event of damage caused by culpable behavior on the part of the borrower, the borrower shall bear the costs of the necessary repairs.
4. accident/theft
The borrower is obliged to inform the lender immediately if the bicycle has been involved in an accident or has been lost, e.g. due to theft. The borrower must report the theft of the bicycle or any other criminal offense to the police and provide the lender with a copy of the criminal report. In the event of theft, the borrower must reimburse the lender for the current value of the bicycle if the bicycle was not secured by the corresponding lock or was not in a locked room at night. In the event of an accident, the borrower must submit a detailed written report to the lender, including a sketch. The report on the accident must include in particular the names and addresses of the persons involved and any witnesses as well as the registration numbers of any vehicles involved.
Addition for employees:
As the cargo bike is used as a company bike, the provisions on what to do after an accident, the Free State's self-insurance and the legal protection from the Directive for the procurement, administration, use, disposal, utilization and claims settlement in the event of accidents involving company vehicles of the Free State of Thuringia (KfZ-Richtlinie) apply mutatis mutandis
5. liability
5.1 The lender is only responsible for intent and gross negligence.
5.2 The borrower is liable for any culpable damage to the bicycle and for any breach of his/her contractual obligations. He/she must then also reimburse the incidental costs of damage. The borrower is also liable for damage caused to third parties through the use of the bicycle (liability damage). He/she assures that he/she has private liability insurance.
5.3 If a third party compensates the lender for the damage, the borrower shall be released from his/her obligation to pay compensation.
5.4 The borrower is solely responsible for the consequences of any traffic violations or criminal offenses committed by him/her during use.
Data privacy information
The lender collects and stores the borrower's personal data insofar as this is necessary for the provision of the services offered by it in the course of the contractual relationship with the borrower. The personal data will be stored until the end of the contractual relationship, at the latest until the end of the limitation period for claims for compensation by the lender in accordance with § 606 BGB (6 months). Data will only be stored for longer if it is necessary for the assertion, enforcement or defense of legal or contractual claims.
In accordance with Art. 15 GDPR, the borrower has the right to obtain information about the personal data stored by the lender at any time. In addition, the borrower has the right to request rectification in accordance with Art. 16 GDPR and/or erasure in accordance with Art. 17 GDPR and/or restriction of processing in accordance with Art. 18 GDPR.