The General Terms and Conditions
Version: March 2019
1. General | Scope
1.1 These e-asyGo.com Rental Terms ("e-RT") apply between you and Levki Orchidea Tours Ltd., Ampelohori 12C 4607 Pissouri ("we" or "us"). They regulate the rental of a bicycle or e-bike provided to you by us at any given time ("e-asyBike").
1.2 These e-RT apply to the exclusion of all others. Terms which deviate from, conflict with or supplement these e-RT shall only become part of the contract if we have expressly consented to them in writing.
1.3 Legally relevant declarations and notices which you would like to give to us after the conclusion of the contract (e.g. setting deadlines, reminders, declarations of withdrawal from the contract), must be made at least in text form in order to be valid, unless expressly provided otherwise in these e-RT.
2. Subject Matter of the Contract | Conclusion of the Contract | e-asyGo.com Territory
2.1 During the contract term we will make an e-asyBike available to you by means of renting it to you. The details of the contract concluded between you and us and of the e-asyBike arise from the online ordering process on our website.
2.2 When you fully complete the online ordering process on our website, this is an offer made by you to us to enter into a rental agreement. After the online ordering process is complete, we will send you a confirmation of the order by email. This order confirmation is at the same time the acceptance of your offer to enter into a contract. Therefore, a rental agreement comes into existence when you receive the confirmation. In the confirmation we will agree the time and location for the delivery of the e-asyBike.
2.4 We do not save the contract text after concluding the contract.
3. Provision of the e-asyBike | Advertising
3.1 During your rental period we will make an e-asyBike available to you to rent. Details about providing the e-asyBike to you arise from the online ordering process on our website.
3.2 You do not have any right to a particular e-asyBike or to a particular design, fit-out or configuration of the e-asyBike.
3.3 The e-asyBike and all objects provided to you in connection with the e-asyBike (e.g. the key) shall remain in our sole ownership or in the ownership of our partner companies at all times. You do not become the owner of the e-asyBike or of any objects provided to you in connection with the e-asyBike.
3.4 After giving prior notice, we are entitled to inspect the e-asyBike at any time, to wholly or partially replace it, and to carry out maintenance and repairs to the e-asyBike.
3.5 We reserve the right to put advertisements on the e-asyBike at any time and at our discretion. If an advertisement attached to the e-asyBike or printed on it is damaged, removed, unreadable or otherwise no longer visible, you are obliged to inform us of this immediately.
4. Usage Rules
4.1 Certain rules apply to you in relation to the use of the e-asyBike, which you must comply with at all times:
The use of the e-asyBike shall be in your sole responsibility.
Prior to using the e-asyBike, you are obliged to familiarise yourself with how the e-asyBike functions.
Prior to each use of the e-asyBike, you must check the e-asyBike for road safety, proper functioning and defects. For that purpose, in particular you must check that all screws which are of relevance to safety are tightened, the proper condition of the frame, the handlebars and the saddle, the tyre pressure, the functionality of the lights and the braking system. If a defect exists at the start of use or occurs while you are using it, you are obliged to refrain from using the e-asyBike or to cease using it.
The e-asyBike is intended solely for your personal use. Consequently, you must not entrust the e-asyBike to third parties, you must not allow third parties the use of the e-asyBike in another form or sell it, hire it out, sub-let it, pledge it or otherwise encumber the e-asyBike with security interests or rights of third parties.
The e-asyBike is a high-quality object. Consequently, you must not damage or destroy the e-asyBike and you must not carry out any modifications, lacquering, painting or other changes to the e-asyBike.
You must secure the e-asyBike effectively against theft (Clause 7).
You are only allowed to use the e-asyBike in the generally accepted customary manner, avoiding unusual strain on it and only on paved routes and streets.
You must not use the e-asyBike whilst under the influence of drugs, medication or alcohol.
You are only allowed to use the luggage carrier(s) of the e-asyBike in an appropriate manner in accordance with its / their intended purpose and in particular you must not transport any persons or animals on it / them.
You are only allowed to use the e-asyBike in the government controlled area of the Republic of Cyprus.
4.2 When using the e-asyBike, you are obliged to always comply fully with all applicable legal provisions, in particular all road traffic rules. In addition, you must always make sure that the e-asyBike is not detrimental to road safety, that other road users and pedestrians are not endangered, harmed or impeded and that the use of the e-asyBike does not interfere with, damage or endanger other vehicles or other property of third parties or other rights of third parties.
4.3 For the purposes of these e-RT, use of the e-asyBike shall be deemed to also include pushing, parking and storing the e-asyBike.
5.1 In accordance with the terms of this Clause 5, you have a right to "Swapping" free of charge. By Swapping or a "Swap", we mean:
Repairing defects in the e-asyBike free of charge;
Exchanging the e-asyBike free of charge;
5.2 The type and extent of the Swap is determined by us according to our discretion. During your rental period you can request an unlimited number of Swaps. You do not incur any additional costs for Swapping. Swapping is covered by payment of the e-asyBike rent. However, we can refuse a Swap until such time as you have paid any outstanding e-asyBike rent, fees or other sums to us.
5.3 If there is a defect in the e-asyBike, you are entitled to a Swap provided that the defect has arisen in the course of your use of the e-asyBike in accordance with the terms of the contract.
5.4 If the e-asyBike is stolen or lost, you are only entitled to a Swap if you are not responsible for the theft or loss. Clause 8 applies.
5.5 You can request a Swap by telephone, email or WhatsApp ("Swap Request"). We will agree the place and time of the Swap on an individual basis with you.
5.6 We make every effort to carry out a Swap within 1 hour after receipt of your Swap Request. However, if we do not meet this target time, you cannot use this as the basis for any claims for compensation or any other claims.
5.7 If we exchange the e-asyBike, you are obliged to hand over the previous e-asyBike and the key to us.
5.8 If you make a Swap Request without being entitled to a Swap, we reserve the right to charge you a fee of EUR 20 for this. This also applies if you fail to attend an agreed Swap appointment.
5.9 If you do not notify us about a defect in the e-asyBike or do not notify us immediately, you are obliged to compensate us for losses arising from this. This includes all additional expenses incurred for the purposes of repairing the damage as well as third parties' compensation claims which would have been avoided if notice of the defect had been given in good time.
6. Rent | Time for payment | Payment Terms
6.1 In return for the use of the e-asyBike, you owe us the rent agreed with us ("e-asyGo.com Rent"). The e-asyGo.com Rent is due for payment in advance at the beginning of each rental periode for the whole rental periode.
6.2 We reserve the right to adjust the e-asyGo.com Rent during your Subscription period with effect for the future. We will inform you in text form about changes in the e-asyGo.com Rent in good time prior to changes taking effect.
6.3 Payment of the e-asyGo.com Rent as well as any other fees arising shall be made by credit card or PayPal.
6.4 If a payment is not made due to a lack of funds or for other reasons for which you are responsible, you will be in default in relation to the relevant payment. We reserve the right to instruct a collection agency to recover the debt. All additional administration costs and out of court debt collection costs will be borne by you.
7. Securing the e-asyBike against Theft | Key
7.1 We provide the e-asyBike to you together with one or more locks (e.g. ring lock, chain lock or other security measures).
7.2 In order to prevent the loss or theft of the e-asyBike or damage to it, you are obliged to always secure the e-asyBike with all locks which have been provided to you. The e-asyBike should always be secured to a fixed object (e.g. bicycle stands).
7.3 If you do not secure the e-asyBike in this way (e.g. if you do not secure the e-asyBike with all locks) and as a consequence of this the e-asyBike is damaged, lost or stolen, you are obliged to pay us a fee in the amount of EUR 90. This fee arises in addition to any deductible under Clauses 8.5 and 8.6.
7.4 We will also provide you with a key to use with the e-asyBike locks. You are not allowed to make any additional keys or have them made (e.g. replacement key, copy, duplicate key). We can keep additional keys for the e-asyBike locks in our possession.
7.5 You are obliged to protect the key for the e-asyBike against loss, theft and unauthorised use at all times and you are not allowed to pass the key on to third parties.
7.6 If your key gets lost or damaged, you must inform us immediately. In these circumstances we will deliver a new key to you and will charge you a fee of EUR 15 per key for this. On delivery of the new key, you must confirm receipt of it to us. If you find a key which has been notified to us as having been lost, you must send it to us immediately by post at your own cost.
8. Damage | Theft and Loss
8.1 You are obliged to inform us of any damage to the e-asyBike within 1 hour of becoming aware of the damage occurring. This applies regardless of the extent of the damage and of whether you have caused the damage or not.
8.2 If you have caused the damage to the e-asyBike or it otherwise results from your breach of the usage rules in these e-RT (in particular of Clause 4), we reserve the right to claim compensation from you.
8.3 In the event of damage to the e-asyBike due to the fault or contributory fault of a third party, you are obliged to give us the identity and contact details of this third party. If the damage has occurred in connection with an accident, you are obliged to send us an accident diagram sketch signed by you and the third party. You can use the accident form at e-asyGo.com for that purpose. If you do not send us the contact details of the third party, although you have them, we reserve the right to invoice you in full for the losses which we incur.
8.4 You are obliged to inform us of the theft or loss of the e-asyBike or of individual components of the e-asyBike within 5 minutes of you becoming aware of it. In the event of the theft or loss of the e-asyBike, you must hand over or send to us all of the keys for the e-asyBike which you have. You are obliged to support us, to the extent that is reasonable, in relation to reports to the police or bringing any other legal action.
8.5 In the event of the theft or loss of the e-asyBike we can charge you a deductible in the sum of EUR 300 per theft or loss. If, during your Subscription period, the e-asyBike which has been notified to us as having been lost or stolen is found again, at our own discretion and subject to the condition of the e-asyBike which has been found again, we may reimburse you this deductible.
8.6 In the event of the theft or loss of individual components of the e-asyBike, we can charge you a deductible in the sum of the value of the stolen or lost components up to a maximum amount of EUR 300. You can request a list giving details of the value of individual components of the e-asyBike from us.
8.7 If you do not inform us about the theft or loss of the e-asyBike we will charge you a sum of EUR 1750.
8.8 If it turns out that you have made false statements to the detriment of us, we shall be entitled to charge a dishonesty supplement in the sum of EUR 100. This sum must be paid in addition to any amounts due under Clauses 8.5 to 8.7.
9. Rental period | Termination | Return
9.1 Your rental period arises from the online ordering process on our website.
9.2 The rental period is fixed to the time and date stated in the order confirmation.
9.3 Your right and our right to extraordinary termination of your rental period without notice for an important reason is not affected by this. An important reason, which entitles us to termination without notice exists in particular if:
You are in default in relation to e-asyGo.com Rent payments;
You use the e-asyBike contrary to the usage rules in Clause 4; or
You improperly make false statements to us or you repeatedly make use of our services provided for the purposes of your Subscription in an improper manner (e.g. by making intentionally false statements or unjustified Swap Requests).
9.4 Every notice of termination must be given in text form (email is sufficient).
9.6 When the rental period ends or the termination of your rental period takes effect, you are obliged to return the e-asyBike and any other objects provided by us (in particular keys) at your own cost and risk to us. If you return the e-asyBike to us prior to the termination of your rental period taking effect, your rights under your rental agreement end at that time; however, we reserve the right to charge the e-asyGo.com Rent accruing up until when the termination of your rental contract takes effect.
9.7 If you do not return the e-asyBike to us at the agreed time, we will charge you a late fee in the sum of EUR 25. If you do not return the e-asyBike to us at the agreed day, we will charge you a late fee in the sum of EUR 40 per day, up to a maximum of EUR 300, until you return the e-asyBike to us or take out a new rental agreement. You are at liberty to prove that we have not suffered any loss or that such loss is significantly lower than the late fee. We reserve the right to claim more extensive damages.
9.8 If you do not return the e-asyBike to us within 7 days after the end of your rental period and you do not take out a new rental agreement either, we reserve the right to take legal action. In these circumstances, we will charge you a retention fee in the sum of EUR 1750. You are at liberty to prove that we have not suffered any loss or that such loss is significantly lower than the retention fee. We reserve the right to claim more extensive damages.
10. Prohibition on Set-off | Restriction on the Right of Retention
10.1 You are only allowed to set off your own claims against ours to the extent that your claims against us have been finally determined in a binding judgment which is not subject to appeal, are undisputed or are accepted by us.
10.2 You are only allowed to enforce a right of retention (in particular over the e-asyBike) if it is based on the same contractual relationship as our claim.
11. Data Protection
We are obliged to comply with the applicable statutory provisions on the protection of personal data.
13. Our Liability
13.1 Our liability shall be unlimited (i) in respect of losses caused by acting intentionally or with gross negligence, (ii) in respect of breaching essential contractual obligations, namely those obligations which must be complied with in order to make it possible for the contract to be properly performed at all and which you normally rely on being fulfilled and may so rely (cardinal obligations), (iii) in respect of defects which have been fraudulently concealed, (iv) in respect of losses arising from death, bodily injury, or harm to health, (v) in respect of claims under product liability, and (vi) in the event that we expressly assume a guarantee as to quality. Any more extensive liability for us is excluded.
13.2 We shall not be liable without being at fault in respect of defects in the e-asyBike which exist at the start of the Subscription period.
14. Final Provisions
14.1 We have not entered into any collateral agreements with you, whether written, oral or implied.
14.2 We can amend these e-RT at any time for technical, commercial or legal reasons with effect for the future. We will notify you of an amendment to these e-RT in text form at least 6 weeks before the amendment takes effect. You can agree to the amendment or object to it prior to it taking effect; however, your agreement shall be deemed to have been given if you do not object to the amendment before it takes effect. We will draw your attention specifically to this in our notice of amendment. We reserve the right to terminate your Subscription if you object to an amendment to these e-RT.
14.3 In the event that a provision of these e-RT is or becomes wholly or partially void, invalid, impracticable or unenforceable, the validity and the enforceability of the remaining provisions of these e-RT shall not be affected. In those circumstances, we and you shall be obliged to agree on a provision to replace the defective provision which comes as close as possible to what we and you would have agreed if we had realised that the provision was defective, taking into account the spirit and purpose of these e-RT and within the scope of what is legally possible. The same applies to any gaps in the regulations in these e-RT.
14.4 Your rental agreement and these e-RT, as well as all rights arising out of or in connection with them, shall be exclusively subject to the law of the Republic of Cyprus excluding those rules of private international law which lead to the application of the law of another country. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
14.5 The jurisdiction of the courts over disputes between you and us in connection with your rental contract and these e-RT shall be governed by the statutory provisions.
Levki Orchidea Tours Ltd.
Commercial Register: Nicosia HE 372519
Version: March 2019