General Terms and Conditions Test Ride
§ 1 Subject
(1) Lemmo will rent an e-bike (hereinafter referred to as "Rental bike") for the purpose of a test ride.
(2) The rent is granted for up to half an hour.
(3) The rental Bike can be used within a distance of 3 km from the Lemmo sales location (Lemmo Flagship Store Berlin, address: Karl-Liebknecht-Str. 17, 10178 Berlin).
(4) The rent is free of charge.
§ 2 Safety
(1) The Customer assures to comply with all applicable traffic laws and regulations.The customer is obliged to observe the StVO.
(2) The Customers must ensure that the Rental Bike is treated in accordance with Lemmo's operating instructions.
(3) At any time the bicycle is not functioning properly, the Customer will stop using it and return it to Lemmo.
§ 3 Ownership, Loss and Theft
(1) Lemmo is the owner of the Bike. The Customer must keep the Rental Bike free from third-party rights. The Customer may not sell, pledge, give away, rent or lend the Rental Bike, nor assign it as security.
(2) The Customer may not allow other people touse the Rental Bike.
(3) The Customer must notify Lemmo immediately of any third-party claims to the Rental Bike, theft, damage or loss. If a theft happened, the Customer issues a theft report to the police; a copy of the police theft report is to be sent to Lemmo at the e-mail address contact@lemmofuture.com.
(4) In the event of damage to the Rental Bike (or accessories), loss of the Rental Bike (loss of accessories) and breaches of the rental agreement, the Customer shall be liable in accordance with the general liability rules. Accordingly, the renter and/or driver shall not be liable if they are not responsible for the breach of duty.
§ 4 Accidents
In the event of accidents involving third-party property or other persons in addition to the user, the Customer is obliged to inform both the police and the provider immediately.
§ 5 Liability
In the event of accidental damage, loss, theft or improper handling of the Rental Bike, the renter is liable for the repair costs; in the event of total loss or damage, the Customer is liable for the replacement value of the Rental Bike and accessories.
§ 6 Risks, Liability of Lemmo
(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Lemmo, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of material contractual obligations, Lemmo shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs (1) and (2) shall also apply in favor of the legal representatives and vicarious agents of Lemmo, if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs (1) and (2) do not apply if Lemmo has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if Lemmo and the Customer have reached an agreement on the quality of the item. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
§ 7 Return of the Rental Bike
At the end of the loan period agreed upon, the Rental Bike with accessories must be returned by the Customer to the store from where the bike was taken, at his own expense and risk.
§ 8 Data Protection
With regard to the scope and purpose of data collection and the information on the rights of data subjects, reference is made to the data protection information of Lemmo.
The Customer agrees that Lemmo may store and use the contact details the Customer provided in the contract (i.e. name, address, e-mail address, telephone number) for the purpose of informing the Customer occasionally, about products and services from its range by e-mail. The Customer’s contact details will not be passed on to third parties without the Customer’s or legal permission.
The Customer’s above consent is valid until the Customer revokes it. The Customer can declare this revocation at any later time without giving reasons with effect for the future by telephone, in writing or by e-mail (e.g. to contact@lemmofuture.com). The Customer is also entitled to the other rights set out in Lemmo’s data protection information.