General Terms and Conditions

General terms and conditions of the lessor for the rental of bicycles and the sale of accessories

Introductory provisions

These General Terms and Conditions of Business (hereinafter referred to as "GTC") govern the legal relations between BikeUP s.r.o., with registered office at 136A Vajnorská Street, 831 04 Bratislava, ID No.: 50 257 391, registered office no.: 50 257 391, registered office no.: 50 257 391, registered office no. in the Commercial Register of the Municipal Court of Bratislava III, sec. 110979/B as a lessor and a natural person as a lessee.

I. Conclusion and period of validity of the contract

The bicycle rental agreement is concluded electronically by signing the bicycle rental agreement according to the procedure indicated on the website www.bikeup.rent, and it also enters into force on this day (hereinafter referred to as the "agreement"). By concluding the contract, the lessor transfers to the lessee the right to use the bicycle (hereinafter also referred to as the "subject of the lease") for a maximum period of 36 months. By concluding the contract, the lessee expresses his consent to these general terms and conditions.

II. Delivery and acceptance of the subject of the lease

The lessor is obliged to deliver the object of the lease within the deadline and to the address specified by the lessee when confirming the order. If the subject of the lease is in stock, the delivery time is 3 days (72 hours) calculated from the confirmation of the order to the lessee by e-mail. If the ordered product is temporarily out of stock, this information will be provided on the lessor's website.

The subject of the lease can be delivered to the lessee in several ways, as currently stated on the lessor's web page.

The lessee has the option of choosing the method of delivery of the subject of the lease. For lessees in the territory of the Slovak Republic, it is possible to pick up the subject of the lease in person at the lessor's showroom at the address Vajnorská 136/A, 831 04 Bratislava. (hereinafter "SHOWROOM").

In the event that the subject of the lease is delivered by a courier company, the lessee is obliged to accept and take over the subject of the lease from the courier company, in the case of personal pick up, at the agreed date and at the address specified in the order.

In the case of non-acceptance of the subject of the lease from the courier company, the lessor is entitled to charge the costs associated with the delivery of the subject of the lease. The lessor is entitled to unilaterally add the amount of these costs to the first paid payment of the lessee.

The subject of the lease is considered to be taken over by the lessee at the moment when the lessee, or a third party designated by him/her, with the exception of the carrier, accepts and takes over all parts of the order.

After taking over the subject of the lease, the lessee is obliged to check the correctness, completeness and integrity of the subject of the lease. With his/her signature on the delivery note, the lessee confirms the correctness of the type and quantity of the subject of the lease and its intact packaging. If the shipment has any of the aforementioned defects, the lessee is obliged not to accept the shipment, to write an e-mail to service@bikeup.rent within 24 hours, and s/he will immediately receive a note regarding the damage to the shipment, which will be assessed and processed by the lessor within 3 working days of receiving the e-mail. Later complaints of this kind will not be recognized by the lessor.

Claims policy

In the event of non-delivery of the subject of the lease by the courier company within the agreed time period, the lessee is entitled to contact the lessor by e-mail at service@bikeup.rent and the lessor will immediately deal with the non-delivery of the subject of the lease with the courier company and inform the lessee.

In the case of delivery of the subject of the lease in a condition that does not correspond to the declared condition (some part missing, obvious damage), the lessee is entitled to complain about this defect by e-mail at service@bikeup.rent. To prove the defect, it is necessary to provide photo documentation of the subject of the lease. In the event of a justified complaint, the tenant will be sent the missing part, or new subject of the lease after assessment of the claimed defect.

All damages and comments regarding the subject of the lease must be claimed by the lessee no later than 14 days from the date of delivery, during which time it is possible to withdraw from the contract without giving a reason. The lessor will not take into account unclaimed or late claims of defects to the subject of the lease and they will be considered as damage caused by the lessee.

If, after taking over the subject of the lease, the lessee discovers that the subject of the lease does not suit him/her, s/he is entitled to return it within 7 calendar days from the day of acceptance. In this case, the lessee will be charged twice for the shipping of the subject of the lease: once for the delivery of the subject of the lease to the lessee and a second time for the cost of shipping back to the lessor.

In the event that the subject of the lease during its use shows defects incompatible with the purpose of use for which it is intended, the lessee is entitled to complain about the defect by e-mail at the address service@bikeup.rent. The defect will be assessed by the lessor and within 14 days the lessee will be informed about the how to resolve the complaint.

III. Rent and other fees

The lessee is responsible for paying the lessor the fees contained in the price list, which is currently valid at the time of concluding the contract. The rent is charged as a monthly rent, while the amount of the remaining agreed monthly rent is based on the price conditions of the lease for the specific type of leased item, valid on the day of the conclusion of the contract.

The lessee shall pay the rental fee for a period of 6, in other cases, 12 calendar months in advance, if the lease is terminated before the end of the period for which the rental fee has been paid, the remaining paid rental fee shall not be returned to the lessee, but instead it will be transferred to his/her credit, which s/he is entitled to use within a period of 36 calendar months. After 36 calendar months, the unused credit will be forfeited in favor of the lessor.

In the event that the rental is terminated, the lessee is obliged to pay the handling fee associated with the termination of the lease period. The amount of the handling fee is indicated in the price list.

If the subject of the lease is exchanged for another subject of the lease, the lessee will not be charged any handling fee.

If the exchange of the subject of the lease occurs before the expiration of the 36-month period in order to fulfill Article IX point 1, a new 36-month period begins with each exchange. The lessor reserves the right to demand payment for handling fees associated with the unsubstantiated multiple exchange of the subject of the lease, but only after first notifying the lessee.

Making payments and paying the rental fee

Payments of the rental fee, as well as any other fees, will be made through a cooperating payment gateway using a securely and discreetly stored payment card of the lessee, entitling the lessor to withdraw the monthly rent from the effective date of the rental agreement until the termination of the rental relationship.

The lessor is entitled, apart from the agreed monthly rent, to withdraw all fees from the payment card in accordance with the currently valid price list published on the lessor's web page.

If, during the rental period, the rental fee is not paid due to the refusal of the lessee's payment from his/her stored payment card, or if the payment card expires during the rental period, the lessor will send the lessee an e-mail with information regarding the refusal of payment together with the reason for the refusal.

If the payment of the monthly rental fee is not paid by the next monthly payment, at the latest within 5 working days before the next month's rental fee is due, the lessee will be sent a written reminder for payment, together with the application of statutory interest for late payment.If the overdue rental fee is not paid, even after a written reminder has been sent (by e-mail), the lessor is entitled to withdraw from the contract. The legal effects of withdrawal from the contract come into effect at the moment of delivery of the notice of withdrawal to the lessee's e-mail address.

IV. Pre-orders

In the future, the lessor will continuously introduce new model lines of the subject of the lease to its offer, which clients will be informed about on its website. It is possible to place a pre-order for the new model line, and from the moment of placing the pre-order until the moment of confirmation of the delivery of the subject of the lease, the pre-order can be canceled free of charge. The first paid payment will be returned to the lessee after deducting the costs associated with the payment gateway services in the amount of EUR 1.

Individual items and their expected delivery date, for which pre-order can be applied, will be regularly updated on the lessor's website.

V. The rights and obligations of the lessee

The lessee is entitled to use the subject of the lease exclusively for the purpose for which it is intended, taking into account the age category of the child for whom it is intended. The lessee is fully responsible for damages caused by improper securing of the subject of the lease, as well as for damages caused by its use, which is contrary to the purpose for which the bicycle is intended. The lessee is not entitled to make any changes or adjustments to the structure of the subject of the lease.
The lessee has the possibility to order spare parts as well as accessories to the subject of the lease through his/her personal profile and to pay the rent for them in the same way as the rent payment is made. The spare parts will be delivered to the lessee by courier company together with instructions for their installation. The spare parts become the property of the hirer upon payment of the rent.
The lessee has the possibility to order the service of the leased object from the lessor on its website, including spare parts necessary for the service. Service and spare parts will be charged according to the price list on the lessor's website.
The lessee, who has duly paid insurance, pays only the cost of transport when servicing the leased object. In case of doubts of the lessor about the eligibility of the ordered spare parts, the lessor is entitled to request photographic documentation of the subject of the lease in order to assess the eligibility of the lessee's claim for the ordered spare part.

And the rights and obligations of the lessor

The lessor remains the owner of the subject of the lease during the entire period of the lease. The lessor undertakes to hand over to the lessee the subject of the lease for temporary use in good technical condition in accordance with the purpose for which it is intended.
The lessor does not bear any responsibility for any damage or injury to the user of the subject of the lease.
The lessor reserves the right to refuse the order if he (the lessor) has legitimate doubts regarding the trustworthiness of the lessee. In this case, the first rental payment will be returned to the customer.

VI. Sale of accessories

On his website, the lessor provides the lessee with the opportunity to purchase accessories for the subject of the lease (e.g. helmets, gloves, grip, etc.). The sale of accessories is subject to the provisions of generally binding legal regulations governing the sale of goods on the Internet.

VII. Damage, destruction, theft, loss of the subject of the lease and liability for damage

The lessee is obliged to ensure that the bicycle is not destroyed, damaged, lost or stolen.
The lessee is responsible for any damage to the subject of the lease incurred during the lease period, and their compensation will be handled as follows:
small scratches that do not damage the integrity of the frame/part of the bike caused by normal use of the bicycle are not subject to an additional fee obligation,
for damage to individual parts, a fee will be charged for the individual part and the price of the repair in accordance with the currently valid price list,,
for the total destruction of the bicycle, the lessor is entitled to charge the rental payment until the end of the agreed rental period. The remaining rental fee until the end of the agreed rental period can be paid by the lessee in a single installment,
in the event the bicycle is stolen, the lessor is entitled to charge the rent until the end of the agreed rental period. The remaining rent until the end of the agreed rental period can be paid by the lessee in a single installment.

VIII. Insurance

The lessee has the option to insure the subject of the lease by choosing from several different insurance packages specified on the lessor's web page. The amount of the insurance premium is indicated in the current price list and if the lessee is interested in insurance, it will be added to the monthly rental payment.
The insurance, in conjunction with any applicable deductible by the lessee, covers damage to the subject of the lease, total damage of the subject of the lease, as well as theft of the subject of the lease.
In the case of total damage of the subject of the lease, it is the responsibility of the lessee to return it to the lessor without unnecessary delay after the total damage. After returning the subject of the lease and paying the co-payment or deductible in accordance with the current price list, a new subject of the lease will be sent.
In the case of theft of the subject of the lease, it is the duty of the lessee to provide the lessor with a report from the police department about the theft of the subject of the lease. After payment of the co-payment or deductible in accordance with the current price list, the lessee will be sent a new subject of the lease. In the case of theft of the subject of the lease and failure to submit a report from the police department regarding the theft, the lessee is obliged to pay the entire remaining amount of the rental fee in one installment.

IX. Returning the subject of the lease

On the date and time of the 36th calendar month and completion of the payment of the 36th monthly rental fee, the lessor and the lessee enter into a sales contract and the lessee becomes the owner of the subject of the lease, subject to the simultaneous fulfillment of the condition that the lessee does not have any outstanding obligations towards the lessor in terms of rent or other fees. In order to avoid doubt, any provisions regarding the warranty period in the purchase contract will not apply in this case.
In the event the subject of the lease is returned or exchanged for another subject of the lease, the procedure will be the same as for the delivery of the subject of the lease through a courier company. All fees and charges are specified in Article III.
The lessee is obligated to return the subject of the lease in the same condition in which s/he received it taking into account normal wear and tear of the subject of the lease based on its proper and regular use.

X. Termination of Lease

The lease of the bicycle ends on the date specified in the contract. The lessor is entitled to terminate the contract with immediate effect under the following conditions:

if the lessee is in default in the payment of the rent and fails to pay the rent due even after a subsequent demand for payment,
in the event of a serious breach of the provisions of the contract or the General Terms and Conditions,
in the event of the landlord's dissolution,
in the event of the termination of the tenancy

XI. Final provisions

The mutual rights and obligations between the lessor and the lessee are governed by the contract, these general terms and conditions, the Civil Code, and valid Slovak legal regulations.
These terms and conditions govern any contract entered into by the contracting parties in connection with the rental of bicycles.