Last Updated: April 15, 2024
These General Terms and Conditions (GTC) shall become effective for all users registered through the RentmyBike websites after April 15, 2024, unless the user objects to the validity of the new GTC within six weeks of receiving the email notifying them about the new GTC. For all users who registered after April 15, 2024, the GTC version they agreed to upon registration applies from the time of registration.
I. General Terms and Conditions of Use
1.0 Scope of Application
1.1 These Terms of Use apply to all agreements between RentmyBike and its members regarding services performed through the platform.
1.2 Agreements between RentmyBike and the user are solely based on these Terms of Use and confirmation of user agreement as per 3.1.3. The general terms and conditions of business of the members do not apply, even if RentmyBike does not expressly contest their inclusion. English is the governing language for these Terms of Use.
1.3 The Terms of Use will be provided as a PDF file for saving or printing.
2.0 Agency Platform
2.1 The platform allows individuals or legal entities to rent bicycles (referred to as "Listers") or rent bicycles (referred to as "Riders"). RentmyBike is neither the owner nor the holder of such Bicycles; it merely arranges agreements on behalf of the Listers.
2.2 RentmyBike does not provide internet access or technical services required for platform use.
2.3 RentmyBike may make changes to the services offered, including technical requirements, for providing and transmitting advertisements and booking inquiries.
2.4 RentmyBike may engage subcontractors for platform services, who are bound by contract to adhere to RentmyBike’s data protection regulations and confidentiality.
3.0 Concluding a Member Agreement through Registration
3.1 Lister and Rider (referred to jointly as "members") must register to use the platform, concluding a Member Agreement between them and RentmyBike.
3.2 Master Data provided during registration is stored in the member's RentmyBike Account and used exclusively for executing and processing the Member Agreement.
3.3 Registered members acknowledge that bicycle manufacturers may be informed by RentmyBike about test rides conducted through the platform.
3.4 Only individuals, legal entities, and partnerships with unrestricted legal capability are permitted to register.
4.0 Conclusion of an Agency Agreement
4.1 By publishing bicycles or making a booking inquiry via the platform, the Lister or Rider instructs RentmyBike to arrange a rental agreement (referred to as "Agency Agreement").
4.2 The Agency Agreement is concluded upon publication or booking inquiry, confirmed by RentmyBike via a separate email (referred to as "Contract Confirmation").
4.3 RentmyBike does not store the Contract Confirmation, and members may not retrieve it.
5.0 Revocation Rights
5.1 Right of Revocation
You have the right to revoke this agreement within fourteen days without stating a reason. The revocation period is fourteen days from the day of conclusion of the agreement. To exercise your right to revocation, you must notify us, via email at support@rentmy.bike or by mailing a letter to the aforementioned address, of your decision to revoke this agreement. You may, but are not required to, use the attached sample revocation form for this purpose. To meet the revocation deadline, it is sufficient that you send your communication concerning the exercise of your right of revocation before the expiry of the deadline.
5.2 Revocation Consequences
If you revoke this contract, we shall refund all payments received from you, including shipping charges (except for additional costs arising if you choose a shipping method different from the most cost-efficient standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received your notice of revocation of this agreement. Unless expressly agreed otherwise with you, we shall issue the refund using the same payment method that you used for the original transaction; you shall not be charged any fees for this refund under any circumstances.
If you have already requested service to begin during the revocation period, you will have to pay an appropriate amount corresponding to the service already provided up to the date on which you notified us that you were exercising your right to revoke this agreement, prorated to the total scope of services provided for in the contract.
6.0 Customer Service
6.1 Rental Agreements facilitated via the platform are exclusively concluded between the Lister and the Rider. RentmyBike, therefore, bears no liability for the creditworthiness of the introduced contractual partner or the proper execution of the Rental Agreement (refer also to Section 13.2). However, as an agent, RentmyBike is committed to ensuring prompt responses to Rider's booking inquiries and providing assistance should any issues arise during the execution of the Rental Agreement. In cases where the confirmation of a booking request by the Lister is delayed beyond the norm, the Rider may contact RentmyBike for intervention. RentmyBike will then endeavor to communicate with the Lister to ascertain the cause of the delay.
Apart from statutory revocation, withdrawal, and termination rights, the Rider may cancel the Rental Agreement based on the terms specified in § 18. The refund of the rental price, if applicable, also derives from § 18. Any refund of the rental price due to cancellation will be handled by RentmyBike. In instances where the Rider is dissatisfied with the Bicycle or the fulfillment of the Rental Agreement by the Lister, they may inform RentmyBike. Similarly, if the Lister perceives that the Rider has not properly maintained the rented bicycle or is dissatisfied with the Rider for other reasons, they may provide feedback to RentmyBike. This feedback may take the form of Ratings or Reviews (see § 14) or direct communication with RentmyBike.
If the Bicycle was not transferred to the Lister as per the contract, the Rider may instruct RentmyBike to retain the rental price, with further procedures detailed in section 15.4.5. Should the Rider wish to dispute the quality and condition of the Bicycle and thus seek a reduction in the rental price, a refund, or damages, they must directly contact the Lister to lodge their complaint (referred to as "Complaint"). In the event the Rider is unable to reach the Lister or the Lister does not respond to the Rider's Complaint, the Rider may contact RentmyBike within 7 days following the end of the rental period for the Bicycle (referred to as the "Period of Use"). RentmyBike will attempt to mediate between the Rider and the Lister, although success in resolving the complaint is not guaranteed.
7.0 Term and Termination
7.1 The member Agreement is concluded for an indefinite period.
7.2 Unless otherwise agreed, the member may terminate the member Agreement at any time without prior notice by selecting the "Deactivate Account" option. Termination does not affect previously arranged Rental Agreements. This provision also applies to claims for payment of RentmyBike or service charges that are already due.
7.3 Unless otherwise agreed, RentmyBike may terminate the member Agreement upon 30 days’ written notice. Termination may be initiated for valid reasons, including:
Failure to meet payment obligations despite reminders.
Breach of duties under these Terms of Use without corrective action following a reminder.
Inability to continue offering the platform due to legal changes, judicial or official orders, or cessation of business activities.
Rejection of insolvency proceedings due to lack of assets.
7.5 Upon termination, the member loses access to their membership account or profile. RentmyBike is not responsible for preserving information stored in the member's account or profile. Therefore, members are advised to back up relevant data independently prior to termination.
8.0 Use of the Platform
8.1 The member agrees not to engage in improper use of the platform. Specifically, they are prohibited from:
Impersonating another individual or falsely claiming affiliation with a legal entity.
Using their membership account to post content unrelated to the rental or leasing of bicycles.
Sending unsolicited advertising or promotional material, such as unwanted promotional emails or "spam," via the platform.
Tampering with, altering, or obstructing content provided by RentmyBike.
Using the platform in a manner that compromises the security, integrity, or availability of RentmyBike's systems, including the use of automated processes or unauthorized access.
8.2 The member shall indemnify RentmyBike against any claims brought by third parties due to improper use as outlined in § 8.1. They are responsible for compensating RentmyBike for any losses incurred, including legal expenses, resulting from such improper use. This provision does not apply if the member is not accountable for the improper use. The member is also obligated to support RentmyBike in its legal defense.
9.0 Access Dat
9.1 The member must obtain personal login credentials exclusively for their RentmyBike account. They agree to:
Not share their login credentials with third parties.
Choose passwords that are difficult to decipher.
Keep their login credentials confidential.
Promptly change their login credentials or notify RentmyBike if they suspect or become aware of any unauthorized use
9.2 The member is responsible for safeguarding the computers and data storage devices where login credentials are stored or used
9.3 The member shall bear responsibility for any damages resulting from third-party use for which they are accountable
9.4 If the member significantly breaches the care obligations outlined in 9.1 and 9.2, RentmyBike is empowered to temporarily block the member’s RentmyBike account. The member will receive notification of this action via email
10.0 Responsibility for Contents
10.1 The member holds sole responsibility for all content they post on the platform, including but not limited to the description provided by the Lister regarding a Bicycle, stored image files, and price determination (referred to collectively as the "Listing"). Before posting, the member must carefully review the content. RentmyBike reserves the right to examine the content as necessary.
10.2 The Lister must ensure that the advertised Bicycle is accurately and completely described, including any existing defects. At a minimum, the Lister must provide the information marked as mandatory by RentmyBike
10.3 When creating a Listing, the Lister affirms that they:
Possess the Bicycle offered and have the authority as the sole owner or authorized representative to enter into the Rental Agreement and transfer ownership of the Bicycle
The Bicycle is in a suitable condition for the intended use, except for defects specified in 10.2.
10.4 The member must ensure that the Listing and other content:
Exclusively pertain to the offered Bicycle.
Do not violate the moral rights of third parties.
Do not engage in racial discrimination, cause offense or harassment, or contain immoral or sexually explicit material.
Do not include unauthorized information or data, such as trade secrets or confidential information obtained through employment relationships.
Do not infringe directly or indirectly on third-party rights, including copyrights, neighboring rights, trademark rights, patent rights, and utility model or design rights.
10.5 When posting content, the member must truthfully and completely provide references to authorship, copyright, or similar rights, as required.
10.6 If the Lister advertises the Bicycle as an entrepreneur, they must provide the Rider with the necessary information according to the regulations on distance contracts and contracts in electronic commerce. They must independently review their obligations, even when utilizing the Rental Terms.
10.7 Members must indemnify RentmyBike against any claims brought by third parties due to content infringement. Members must compensate RentmyBike for any resulting losses, including legal expenses, unless the member is not responsible for the infringement. Members must also support RentmyBike in its legal defense.
10.8 RentmyBike has the authority to remove or delete content from the platform, in whole or in part, if it fails to comply with the requirements outlined in 10.2 through 10.5.
11.0 Granting of Rights
11.1 By uploading or posting the Listing and other content onto the platform, the member grants RentmyBike an irrevocable, non-exclusive, worldwide, unrestricted, and sublicensable license, free of charge, for the statutory term of protection. This license permits RentmyBike to use the content in tangible or intangible form, digitally or analogously, for performing obligations under the member Agreement, including marketing purposes.
11.2 The granted rights include, but are not limited to:
Reproduction and distribution rights, allowing RentmyBike to reproduce and distribute the Listings and other content, wholly or partially, digitally or analogously, on various carriers.
Online use rights, enabling RentmyBike to make the Listings and other content available, wholly or partially, in unprocessed or processed forms, using various storage and data transmission technologies, to a limited or unlimited audience.
Archival rights, permitting RentmyBike to archive Listings and other content in electronic databases and make them available to third parties.
Self-promotion rights, allowing RentmyBike to utilize the Listings and other content for self-promotion across various media platforms.
Editing and modification rights, empowering RentmyBike to edit and modify the Listings and other content while respecting moral rights and ownership rights of authors and other rights holders.
11.3 Additionally, the member grants RentmyBike an exclusive right, worldwide, and unlimited in geographical scope and time, for types of use not known at the time of contract conclusion.
11.4 The rights granted herein persist beyond the duration of the user contract unless terminated by the member for cause. Existing uses will not be affected.
11.5 The member warrants that they possess all necessary power, authority, and rights to grant the mentioned rights in the Listings and other content, free of encumbrances. The member agrees to indemnify and hold harmless RentmyBike against any claims arising from the use of the Listings and other content, unless the member is not responsible for the alleged infringement.
12.0 Contact, Newsletter
12.1 RentmyBike will send necessary information regarding the member Agreement to the email address provided during registration. This includes security information, notices of amendments to terms and conditions, and information on new features.
12.2 Members will receive marketing notifications, or "Newsletter," only if they have opted in to receive it. Members can unsubscribe from the Newsletter at any time by clicking the designated "Unsubscribe from Newsletter" link. Upon unsubscribing, the member's email address will be removed from the Newsletter distribution list.
13.0 Representations and Warranties
13.1 RentmyBike does not guarantee the accuracy of Master Data provided by members during registration. Members are responsible for verifying the identity of their contractual partners.
13.2 RentmyBike does not guarantee the conclusion of agreements between members or the creditworthiness of introduced contractual partners.
13.3 RentmyBike shall not be responsible for ensuring that the member complies with legal provisions, including obligations under tax law, which may encompass obligations under sales tax law and obligations related to indirect taxes.
13.4 RentmyBike shall not be responsible for ensuring that the member fulfills the duties to provide information as required by the rules on distance contracts and contracts in electronic commerce.
13.5 The member shall be responsible for safeguarding the Master Data, content, and other data stored in the membership account or elsewhere on the platform on a storage medium that is not accessible to RentmyBike. RentmyBike shall not safeguard the data.
13.6 RentmyBike does not assume any responsibility for the functionality of the member’s internet access or for other third-party services (e.g., mobile communications services) that are necessary for the use of the services.
13.7 RentmyBike expressly acknowledges that using web services can pose risks, including risks such as the sending of malware, spamming (unsolicited sending of promotional emails), password theft, electronic break-ins and manipulation, hacking, and other forms of unauthorized disclosure of data from workshops, nuisances, and falsifications. RentmyBike shall make reasonable efforts to minimize such risks. This does not establish an obligation to assume liability. Therefore, the use of the platform shall be at the member’s own risk.
13.8 Maintenance work, subsequent additions or upgrades, faults or bugs, and other causes or circumstances may result in interruptions or faults in the operation of the platform. RentmyBike shall promptly address technical faults to the extent that it is technically possible.
13.9 In all other respects, statutory warranty law shall apply.
14.0 Reviews and Ratings
14.1 In order to foster a platform of trust, we encourage our community to leave public reviews ("Review") after completing a booking at the end of the usage period and to rate each other using a star rating ("Rating"). The member will provide truthful information in the reviews and evaluations, focusing on circumstances connected with the execution of the rental agreement. Reviews are most helpful when they provide unbiased and objective information.
14.2 RentmyBike shall not be responsible for the reviews and ratings. RentmyBike shall not review the reviews and ratings before they are posted. RentmyBike is authorized to add comments to the ratings for clarification purposes and to remove and delete them from the ratings profile in full or in part if RentmyBike becomes aware that the ratings:
injure the moral rights of third parties;
cause offense or harassment or are immoral or sexually explicit;
contain personal information regarding the other member, such as their name, address, telephone number, or email address;
contain prohibited links or scripts;
were inadvertently attributed to the wrong member, do not relate to the Listing that is rated;
must be removed due to an enforceable court decision against the party who gave the rating; or
originate from a member whose membership account was blocked within 90 days of their registration with RentmyBike. This shall not apply to membership accounts that have been blocked, for example, due to non-payment of the RentmyBike fee or in situations where the member was given the opportunity to resolve the issue, and the block on the membership account will be lifted.
15.0 Service Fee, Handling of Payments
15.1 If a contract is made between the Lister and the Rider, RentmyBike may charge service fees and applicable taxes to Listers and Riders for the use of the RentmyBike Platform. Unless otherwise stated on the RentmyBike Platform, Service Fees are non-refundable. RentmyBike reserves the right to change service fees at any time and will notify members of any fee changes in advance. Fee changes will not affect bookings made prior to the effective date of the fee change.
15.2 RentmyBike offers two different service fee structures for bookings: split-fee and host-only fee.
15.5 The member may only offset RentmyBike’s claim for payment of the service fee against claims that are not contested by RentmyBike or claims against RentmyBike that have been determined by final judicial decision. This does not apply if the user's claim has arisen from a claim in kind entitling them to refuse performance. The member may only exercise a right of retention insofar as their counterclaim relates to the same contractual relationship.
16.0 Safety Deposit
16.1 The Lister may only require the Rider to pay a safety deposit if they have already stated so in the Listing while specifying the amount of the safety deposit, the accepted means of payment, and the time by which the safety deposit is to be furnished.
16.2 RentmyBike shall not be responsible for managing the safety deposit, nor shall it be liable for ensuring that the Rider pays the safety deposit as agreed.
16.3 If the Listing does not contain the information required under 16.1 and the Lister nevertheless requests a safety deposit, this shall be deemed a refusal to perform its duties under the Rental Agreement. In such a case, RentmyBike reserves the right to cancel the booking and to impose a cancellation fee on the Lister.
17.0 Cancellation of Rental by the Rider
17.1 The Rider may cancel the Rental Contract under the following conditions (hereinafter: "Cancellation Conditions"). Cancellations within the meaning of these Cancellation Terms and Conditions are withdrawals from the concluded Rental Contract before the beginning of the period of use.
17.2 The amount of a refund depends on the time of cancellation and is determined as follows:
For a full refund of the rental price, the Rider must cancel at least three full days (72 hours) prior to the local booking start time of the bike rental.
In order to be refunded 50% of the rental price, the Rider must cancel at least two full days (48 hours) before the local booking start time of the bike rental.
In order to receive a refund of 25% of the rental price, the Rider must cancel at least a full day (24 hours) before the local booking start time of the bike rental.
If the Rider cancels the bike rental less than 24 hours in advance, no reimbursement will be made.
17.3 If the Rider returns the bicycle prematurely after the start of the rental, the remaining rental price will not be refunded.
17.4 RentmyBike service fees are not refundable. The basis of calculation for the refund after a cancellation is always the net price
17.5 Regardless of the conditions under 17.2, RentmyBike will charge a handling fee of at least € 10 for processing cancellations by the Rider. In cases where the total booking amount is less than € 10, this amount will be retained, and no refund will be made
17.6 In the event of cancellation by the Rider, the Lister shall receive the retained refund amount less the service fee and a processing fee of € 10. In cases where the refund amount is less than the service and handling fee, no refund will be made to the Lister.
17.7 Cancellations by the Rider are made after the member has logged in, under My Bookings > Cancel Booking. Before the cancellation is finally confirmed, the refund amount is displayed
17.8 In case of cancellation by the Lister (e.g., the bike is no longer available), the Rider will receive a full refund of the rental price and service fees
18.0 Cancellation of Rental by the Lister
18.1 Cancellations by the Lister result in the Rider's travel and mobility plans possibly no longer being feasible and damage trust within the RentmyBike community. Therefore, as a matter of principle, listers should honor all confirmed bookings
18.2 If a booking is canceled by the Lister, the following consequences apply. In case of cancellation of a confirmed booking, a fee of €20 will be charged to the Lister. This fee is usually deducted from the first payment after this cancellation
18.3 Cancellations by the Lister must be made in writing by email to support@RentmyBike.com. The booking number and the reason for the cancellation must be stated therein.
19.0 Vouchers and Credit
19.1 RentmyBike offers the Rider a voucher as an alternative to a monetary refund or for promotion in some cases. The voucher can then be redeemed for a new booking within a specified period
19.2 A voucher redeemed by the Rider cannot be restored or reissued
19.3 After a booking has already been made, a voucher can no longer be redeemed
19.4 Once a voucher has expired, it is not possible to extend the expiration date or issue a new voucher for it
20.0 Limitation of Liability
20.1 RentmyBike shall bear unlimited liability for damage if such damage is caused by intentional or grossly negligent breach of duty by RentmyBike, a legal representative, or a vicarious agent. RentmyBike shall only be liable for negligent conduct in the event of breaching a duty essential for the performance of the agreement, upon which the contractual partner can typically rely (cardinal duty), provided that RentmyBike would normally have expected the damage based on the circumstances known at the time of concluding the agreement. Otherwise, RentmyBike's liability, including for vicarious agents, is excluded
20.2 The exclusions and limitations of liability specified under 20.1 shall not apply in the event of death, damage to health or physical injury, defects after assumption of a guarantee for the product's condition, or fraudulently concealed defects.
21.0 Force Majeur
21.1 RentmyBike shall be released from its obligation to perform if events or circumstances beyond RentmyBike's control (force majeure) render the operation of the platform impossible
21.2 Cases of force majeure shall include, in particular, the interruption or failure of the internet or other networks, telecommunications connections, power supply, infrastructures, providers, or suppliers
Data Protection
RentmyBike shall collect and store the data necessary for business purposes. RentmyBike shall comply with statutory provisions when processing personal data. Our Privacy Policy, available at Privacy applies.
Applicable Law
The Terms of Use and contractual relationship between RentmyBike and the members shall be governed by the law of the United States of America. The choice of law shall not lead to withdrawal of the protection granted to a member who is a consumer in accordance with the mandatory consumer protection provisions of the law applicable in their usual place of residence. Equally, the choice of law shall not mean that the consumer must assert their right before a foreign court
25.0 Miscellaneous
25.1 Oral agreements have not been concluded between the parties
25.2 Should individual provisions of the Terms of Use be invalid, this shall not affect the validity of the other provisions of the Terms of Use.
25.3 If the member is a merchant, a legal entity under public law, or a special fund under public law, the agreed place of jurisdiction for any and all disputes arising between the parties shall be St. Petersburg, Florida. In the event that the dispute falls within the subject matter jurisdiction of the local courts of St. Petersburg, Florida shall have jurisdiction.
25.4 RentmyBike is entitled to transfer the rights and duties under the agreement with members to another entity in full or in part. Should such a transfer take place, members shall receive notification thereof stating a time limit for deleting their profile in the event that they do not agree to the transfer.
Provider Identification
E-Mail: support@RentmyBike.com
II. General Terms and Conditions of Rental
1.0 Scope of Application
1.1 The Lister shall apply the following Rental Terms to the Rider when the Rider and the Lister enter into a Rental Agreement facilitated by RentmyBike through the platform.
1.2 Agreements between the Lister and the Rider shall be solely based on these Rental Terms and the Confirmation of Rental Agreement as per Section II 2.2.4. The Rider's general terms and conditions of business shall not apply, even if the Lister does not explicitly contest their inclusion.
1.3 The language of the agreement shall be English.
1.4 The Rental Terms will be provided as a PDF file and may be saved. Riders are also entitled to a printout.
Scope of the Agreement, Conclusion of the Agreement
2.1 This agreement covers the rental of Bicycles. The type and condition of the Bicycle shall be specified in the Listing.
2.2 The Rental Agreement shall be exclusively concluded via the platform.
3.0 Beginning and Term of the Agreement, Termination
3.1 The Rental Agreement is for a fixed period starting when the Bicycle is handed over to the Rider, as specified in the Listing or the agreement between the parties. The term is chosen by the Rider during the Booking Inquiry.
3.2 Both parties agree to the Cancellation Terms of RentmyBike under § 17 of the Terms of Use.
3.3 Both parties have the right to terminate the Rental Agreement for good cause. The Lister may terminate if:
4.0Rental Price, Terms of Payment
4.1 The Rider shall pay the Lister a Rental Price for Bicycle use, as stated in the Listing. All Rental Prices are gross prices, inclusive of a Service Fee with statutory sales tax. The Service fees (including taxes) will be displayed to the Rider before submitting the booking inquiry.
4.2 RentmyBike shall collect the Rental Price in accordance with the Member Agreement and pay it to the Lister as per § 15 of the Terms of Use.
4.3 The Rider may only withhold payment insofar as their counterclaim relates to the same contractual relationship.
5.0 Safety Deposit
5.1 The Lister may require the Rider to pay a safety deposit, with the amount, accepted means of payment, and deadline stated in the Listing.
5.2 The safety deposit will be refunded after the Bicycle is returned, using the Rider's chosen payment method.
6.0 Duties of the Rider
6.1 The Rider is obligated to pick up the bicycle at the agreed start time of the booking. If the Rider is late, they must inform the Lister. This requirement also applies to the booking end time.
6.2 The Rider is prohibited from transferring the Bicycle to a third party, renting it out further, leasing it, selling it, or encumbering it with a lien.
6.3 The Rider agrees to use the Bicycle with care and for its intended purpose, refraining from any actions that could cause damage to the Bicycle.
6.4 The Rider must secure the bicycle against theft. The Lister is advised to provide the Rider with an appropriate bicycle lock. Bicycles should be locked to a fixed object, such as a bicycle rack, when not in use, and parked in secure locations overnight for multi-day bookings.
6.5 The Rider bears sole liability for any damage resulting from non-compliance with statutory provisions or improper use of the Bicycle, unless there was contributory negligence on the part of the Lister. In the event of theft of the bicycle, the Rider is solely liable for the resulting damage.
6.6 The Rider must immediately inform the Lister if the Bicycle is found to be defective, damaged, lost, or stolen during the Rental Agreement. In the event of theft, the Rider must assist the Lister in filing a police report and also report the theft to the police themselves. The Rider is not authorized to repair the Bicycle or make any alterations without the Lister's prior approval.
7.0 Return of the Rented Item
7.1 At the end of the Rental Agreement, the Rider must return the Bicycle with its accessories to the Lister in the condition it was received. The time and location of the return shall be as specified in the Listing or agreed between the parties.
7.2 If the Rider fails to return the Bicycle as required under 7.1 or returns it at a different time or location, the Lister may seek compensation from the Rider in accordance with statutory provisions for any resulting losses.
7.3 Section 545 BGB regarding the extension of the rental period shall not apply.
8.0 Warranty
The statutory warranty rights apply.
9.0 Limitation of Liability
9.1 The Lister shall bear unlimited liability for damage caused by intentional or grossly negligent breach of duty by the Lister, their legal representative, or a vicarious agent. The Lister is only liable for negligent conduct in the case of breaching a fundamental duty of the agreement, provided that the Lister could typically have foreseen the resulting damage based on the circumstances known at the time of the agreement. Otherwise, the Lister's liability, including that of vicarious agents, is excluded.
9.2 The exclusions and limitations of liability specified under 9.1 do not apply in cases of death, injury, or health damage, defects after assuming a product guarantee, or fraudulently concealed defects.
10.0 Exemption from Liability
The Rider shall indemnify the Lister against claims by third parties resulting from improper and unlawful use of the Rented Item. The Rider shall compensate the Lister for all losses incurred due to such use, including legal costs, unless the Rider is not responsible for such use. The Rider shall assist the Lister in legal defense.
Miscellaneous
11.1 The Rental Terms and contractual relationship between the Lister and the Rider shall be governed by the law of the United States of America. The application of American-international private law and the UN Convention on Contracts for the International Sale of Goods is excluded. Choice of law shall not waive consumer protection rights under the law applicable in the Rider's usual place of residence, nor require consumers to litigate in foreign courts.
11.2 No oral agreements have been made between the parties.
11.3 If any provisions of the Rental Terms are invalid, the validity of the remaining provisions shall not be affected.
III. Amendments to the General Terms and Conditions of Business
RentmyBike reserves the right to amend the General Terms and Conditions of Business (hereinafter “Amendments”) at any time, provided they do not cover material provisions of the contractual relationship. Members shall be notified of the amended provisions in writing at least six weeks before they take effect. If a member does not contest the Amendments within six weeks of receiving the notification, they shall be deemed approved. If a member objects, the Amendments shall not become part of the agreement, and the agreement shall continue unchanged. This does not affect the right to terminate the agreement.