RENTAL AGREEMENT FOR E-VEHICLES
RENTAL AGREEMENT FOR E-VEHICLES
1. PARTIES
This agreement is concluded between Pick-e-Bike AG, Grenzweg 1, CH-4104 Oberwil (hereinafter referred to as “Pick-e-Bike”) and the user registered as a user in the sharing system (hereinafter referred to as the “User”).
2. CONCLUSION OF THE AGREEMENT
This agreement comes into effect when the User has provided all the necessary details for registration in the app (clause 6) and Pick-e-Bike accepts the conclusion of the contract by sending a confirmation in the app after verifying the details and documents.
From then on, during the period of validity of this agreement, the User may use vehicles for a corresponding fee.
3. AGREEMENT CONTENT
This agreement governs the right of the User to use vehicles in the sharing system for their personal use, and the obligations associated therewith.
The individual chargeable bookings of vehicles are made using the corresponding feature in the app.
4. SHARING SYSTEM
4.1 Vehicles
Pick-e-Bike provides small motorbikes (e-scooters) and motor-assisted bicycles (e-bikes) as part of the sharing system.
The current models and their classification as e-scooters or e-bikes are listed on the Pick-e-Bike website at www.pickebike.ch. The corresponding list in its current version forms an integral part of this agreement.
Pick-e-Bike may expand or restrict the vehicles and models available under the sharing system at any time.
4.2 Pick-e-Bike zone
Vehicles may only be picked up and checked out in the currently applicable Pick-e-Bike zone in each case.
The currently applicable Pick-e-Bike zone can be viewed on the Pick-e-Bike website at www.pickebike.ch and in the app. The corresponding description in its current version forms an integral part of this agreement.
If a vehicle is parked outside the Pick-e-Bike zone, the rental may not be ended and the checkout process may not be carried out. In this case, the charges shall continue to be borne by the User until the vehicle is parked inside the Pick-e-Bike and the checkout process has been completed (clause 14.2).
In exceptional cases, the rental may be ended by phone during the Customer Centre’s operating hours by calling 0848 02 03 04.
Journeys outside the Pick-e-Bike zone are permitted.
Journeys abroad are not permitted.
Pick-e-Bike may expand or restrict the Pick-e-Bike zone at any time.
4.3 Availability
Pick-e-Bike endeavours to make the vehicles available according to the needs of the user community.
Currently available vehicles are visible in the app.
As the vehicles cannot be continuously monitored on site by Pick-e-Bike, Pick-e-Bike cannot guarantee the availability of functioning vehicles in specific locations at specific times, even if the app indicates that a vehicle is in a certain location.
4.4 Driving licence
To use the system, e-bikes require at least a class M/F/G driving licence and e-scooters at least a class A145kmh driving licence. Driving the vehicles with a provisional licence is not permitted.
Using the vehicles is only permitted with a valid driving licence.
Pick-e-Bike regularly carries out random checks on the validity of driving licences.
5. APP
5.1 Functions of the app
Reservations, bookings, check-in, checkout, payment and other processes are carried out via an app that the User has to download onto their smartphone.
5.2 App download
The app can be downloaded free of charge from the Google Play Store and the Apple App Store. Use of the app is subject to this agreement.
5.3 App usage
The app may only be used by registered users.
The User shall ensure, by using suitable passwords or other security measures, that no third party can use the app to book and drive vehicles. The User shall be liable for the misuse of the app by third parties.
If the User loses their smartphone, they shall report this immediately to Pick-e-Bike so that it can block further bookings of vehicles via the app on the User’s smartphone.
There is no right to use the app.
Pick-e-Bike is entitled to take the app off the market at any time.
5.4 Licence
Pick-e-Bike grants the User licence to use the app for the purpose of using the functions contained therein. No copies of the software may be made, nor may sub-licences or other rights to the app be transferred to third parties in any way. Neither the content of the app nor the underlying material that forms part or an element of the content may be modified, changed, adapted, taken apart, reverse engineered or corrected.
5.5 Content of the app
Pick-e-Bike may change the information in the app at any time.
5.6 Liability
The User uses the app at their own risk. The User shall take care to protect their smartphone, in particular from unauthorised access.
Any liability of Pick-e-Bike in connection with the content, functionality and use of the app, including liability for malware, is excluded to the extent permitted by law.
6. REGISTERING AS A USER
To register as a user, the User needs to enter at least the following information in the app:
– First name and surname (according to the details on their official documents)
– Official home address of the User (place where the User is registered with the residence registration authorities)
– User’s valid mobile number
– User’s e-mail address
– Valid credit card
The User also needs to take photographs of the following documents and send them via the corresponding feature in the app:
– User’s valid driving licence
– User’s valid ID or passport (side showing the person’s details)
7. COSTS
7.1 App
The app is free of charge to download and use.
7.2 Use of a vehicle
The cost of using a vehicle is calculated according to the tariff for the category of vehicle at the time of booking.
The tariff is based on the usage time of the rental.
During the “Pause + locked vehicle” mode, the usage time keeps running and the paused time is not deducted.
The currently valid tariffs can be viewed during the booking process before confirming the booking and approving the debit from the means of payment in the app and on the Pick-e-Bike website at www.pickebike.ch.
Pick-e-Bike may unilaterally adjust the tariffs at any time with effect for all future vehicle bookings. The User accepts the new tariffs during their next booking.
7.3 Payment
Payment can currently only be made via Visa, Mastercard and gift cards.
The amounts due shall be debited within one month according to a payment interval determined by Pick-e-Bike.
7.4 Calculation of the rental period
The rental period is calculated as the total number of minutes between the start of the rental and the end of the rental.
The rental period is not related to the number of kilometres travelled.
7.5 Fees for extraordinary expenses
Pick-e-Bike may charge the User for extraordinary expenses in the event of fault on his or her part. Extraordinary expenses comprise in particular:
– all expenses related to damage to the vehicle during the rental
– all expenses related to the loss of a vehicle during the rental
– all expenses related to an accident during the rental
– all expenses related to an alleged violation of traffic regulations or alleged criminal acts during the rental
The fees are calculated based on the list of fees applicable at the time of booking the vehicle.
The current valid list of fees can be viewed on the Pick-e-Bike website at www.pickebike.ch.
Pick-e-Bike may unilaterally adjust the fees at any time with effect for all future vehicle bookings.
8. VEHICLE AVAILABILITY
As the vehicles cannot be continuously monitored on site by Pick-e-Bike, Pick-e-Bike cannot guarantee that the vehicles will actually be in the location indicated in the app in every case.
Since Pick-e-Bike cannot check the Pick-e-Bike vehicles before every use, Pick-e-Bike also cannot guarantee that the vehicles are in a functional and operational condition in every case.
The User is not entitled to a replacement vehicle from Pick-e-Bike.
The User shall take this into account when deciding to use a Pick-e-Bike vehicle for their journey and shall always allow sufficient time when planning their journey should they have to book another Pick-e-Bike vehicle or use another means of transport.
Pick-e-Bike excludes any liability in connection with the availability of vehicles to the extent permitted by law. In particular, Pick-e-Bike is not liable in cases where the User is unable to keep an appointment because they have not calculated sufficient time to use an alternative means of transport.
9. CONDITIONS FOR VEHICLE USE
9.1 Valid driving licence
By booking a vehicle, the User confirms that they have a valid driving licence, which has not been revoked, at the time of departure. The User is also not permitted to use the services of Pick-e-Bike AG with any duplicate licence after their driving licence has been revoked by the competent authorities. Use of a vehicle without a valid driving licence is not permitted.
Further, by booking a vehicle, the User confirms that they are not banned from driving at the time of departure. Use of a vehicle is not permitted if the User has been banned from riding bicycles.
9.2 Unimpaired ability to drive
By booking a vehicle, the User confirms that they are fit to drive at the time of departure as well as during the journey. Use of a vehicle is not permitted if the User is not fit to drive.
The User confirms in particular that their ability to drive (especially with regards to reaction and balance) is not impaired due to the effects of alcohol, medication or narcotics, fatigue, illness or any other reason.
9.3 Checking for proper functioning and operational safety
By booking a vehicle, the User confirms that the vehicle to be rented is functional and roadworthy (see clause 10.3).
10. START OF USE OF THE VEHICLE
10.1 Check-in process
The check-in process can only be carried out if the User’s smartphone has a stable Internet connection.
The vehicle is booked exclusively via the app.
Vehicles can be reserved a maximum of 15 minutes in advance.
The reservation no longer stands once the reservation time expires.
10.2 Vehicle pick-up
The User picks up the vehicle at the location where the vehicle is located at the time of pick-up.
If the vehicle is not at or near the location indicated in the app, the User shall notify Pick-e-Bike immediately by phoning 0848 02 03 04. Pick-e-Bike shall cancel the booking for the vehicle in question. The User shall not incur any charges. Claims for damages by the User are excluded to the extent permitted by law.
10.3 Checking for proper functioning and operational safety
The User is obligated by law to ensure that the vehicle is in proper condition before riding. Violation of this obligation can lead to criminal liability on the part of the User.
For this reason, the User shall check the vehicle and the legally required accessories at the time of pick-up and before the start of the journey, particularly with regard to their proper functioning and operational safety.
Before the start of the rental period, the User checks in particular that
– the brakes work
– the lights work
– the rear-view mirror is intact and clean
– the tyres are inflated
– the number plate is clearly legible
– all necessary parts are present
– the legally required helmets are present
If at least one of these conditions is not met or the operational safety and roadworthiness of the vehicle is not otherwise guaranteed, the User may not start the journey. The User shall report the circumstances immediately using the corresponding feature in the app. The vehicle will be blocked for use and the User will not incur any charges. Claims for damages by the User are excluded to the extent permitted by law.
If the user does not report the circumstances in this case, it shall be assumed that any defects discovered during the journey or after return have arisen during the rental and were caused by the User. These defects may be charged to the User.
10.4 Checking the vehicle for further defects and damage
The User shall also check at the time of pick-up and before the start of the journey whether the vehicle has any other defects or damage which do not affect its functionality and operational safety.
If the User discovers such defects or damage, they shall report them before the start of the journey using the corresponding feature in the app. If the User then starts the journey, they confirm that the defects or damage detected do not impair the proper functioning and operational safety of the vehicle.
If the user does not report the circumstances in this case, it shall be assumed that any damage discovered during the rental period or after return have arisen during the rental and were caused by the User. These defects may be charged to the User.
10.5 Vehicle registration document
The original vehicle registration document is available at the Pick-e-Bike office. Pick-e-Bike shall present the vehicle registration document if requested to do so.
11. VEHICLE USE
11.1 Careful use
The User shall use the vehicle carefully.
11.2 Roads
The e-bikes may only be used on roads and paved paths on which motor-assisted bicycles may be ridden.
The e-scooters may only be used on roads and paved paths on which small motorbikes may be ridden.
Use on unpaved paths is not permitted.
11.3 Races and sporting events
The vehicles may not be used for racing or taking part in sporting events.
11.4 Use for commercial and profit-making purposes
The vehicles may not be used for commercial or profit-making purposes such as taxi services, courier services, the provision of transport services and the like.
11.5 Transfer to third parties
The vehicles are solely for the use of the registered User (apart from the possibility of a passenger on e-scooters).
The User may not pass the vehicles on to third parties, lend them to third parties or allow them to be driven by third parties.
11.6 Passengers
Passengers may only ride on e-scooters in the seat designated for them. Passengers shall comply with the applicable traffic rules.
Passengers are not permitted on e-bikes.
11.7 Children
The vehicles may not be used to transport children under seven years of age. Children over seven years of age may only ride on the e-scooters if they fulfil the legal requirements for passengers and wear a legally required helmet. Pick-e-Bike does not provide helmets for children.
11.8 Changes to the vehicle and accessories
The User may not modify the vehicles or accessories. This also includes repairs. Repairs to the vehicles may only be carried out by Pick-e-Bike.
In particular, the User may not attach child seats, trailing equipment or trailers to the vehicles.
12. COMPLIANCE WITH TRAFFIC REGULATIONS
12.1 Obligations of the User and the passenger
The User undertakes to comply with all traffic regulations at all times and to ensure that any passenger riding with them also complies with all traffic regulations at all times.
12.2 Obligation to wear a helmet
In particular, the User and any passenger are obliged to wear protective helmets that comply with the legal regulations for the entire journey. Pick-e-Bike shall provide the appropriate helmets for adults. Two helmets shall always be provided for e-scooters.
12.3 Lights
The vehicle’s lights must be switched on and in working order throughout the journey. If the lights do not work, the journey with this vehicle shall be ended and the fault reported using the corresponding feature in the app.
12.4 Violation of traffic regulations and committing offences
The User is responsible for ensuring that they and any passengers know and comply with all applicable traffic regulations and do not commit any criminal offences during the rental period.
If Pick-e-Bike is informed by the police or law enforcement authorities that the driver or passenger of a particular vehicle has or is believed to have violated traffic regulations or committed a criminal offence at a particular time, Pick-e-Bike is expressly authorised to inform the police and law enforcement authorities who, according to the booking system, the User of the vehicle was at the time in question.
In this case, the User shall owe Pick-e-Bike a processing fee according to the list of fees available on www.pickebike.ch. Clause 13.5 remains reserved.
Pick-e-Bike may exclude users from the future use of its services if there are indications that regulations have been violated, even before a legally binding judgement has been made.
12.5 Liability of the User
The User shall be fully liable for the consequences of traffic violations or offences committed during the rental period.
The User is obligated to fully indemnify Pick-e-Bike. The obligation to indemnify includes compensation for damages and claims for satisfaction of third parties, the expenses of Pick-e-Bike according to the list of fees on www.pickebike.ch and any legal representatives of Pick-e-Bike as well as monetary compensation for administrative fines imposed on Pick-e-Bike as the owner.
13. OCCURRENCE OF DEFECTS DURING THE JOURNEY
13.1 Major defects
If defects to the vehicle occur during the journey which exclude the operational safety or proper functioning of the vehicle, the User shall end the journey immediately and report the defect without delay using the corresponding feature in the app. The vehicle shall be blocked for use and the User shall not be charged for this journey, provided that the subsequent inspection confirms the reported defect.
The User is neither obligated nor entitled to remedy these defects themselves, or have them remedied by third parties.
13.2 Minor defects
If defects occur in the vehicle during the journey which do not impair the operational safety or proper functioning of the vehicle, the User shall report these at the end of use using the corresponding feature in the app (clause 15).
The User is neither obligated nor entitled to remedy these defects themselves, or have them remedied by third parties.
14. END OF USE AND RETURN OF THE VEHICLE
14.1 Parking
When the User no longer needs the vehicle, they shall park it in a publicly accessible place with GPS reception within the Pick-e-Bike zone in compliance with the applicable traffic regulations and start the checkout process.
All vehicles may be parked at the designated Pick-e-Bike stations, provided a parking space is available.
Apart from the Pick-e-Bike stations, e-bikes may be parked in designated parking spaces or on the pavement, provided that a space at least 1.50 m wide is left free for pedestrians.
E-scooters shall be parked in official parking areas for small motorbikes. Parking e-scooters on the pavement is not permitted unless parking is expressly authorised by signs or markings.
The User may be fined for incorrect parking and shall pay for all costs incurred by Pick-e-Bike in connection with incorrect parking (re-parking, time spent dealing with law enforcement authorities, fines, compensation for towing by an authorised third party).
14.2 Parking outside the Pick-e-Bike zone
If the User parks the vehicle outside the Pick-e-Bike zone, the checkout process cannot be carried out and the paid rental continues until the vehicle is returned to the Pick-e-Bike zone by the User.
In exceptional cases, the rental may be ended by phone during the Customer Centre’s operating hours by calling 0848 02 03 04.
14.3 Checkout process
The checkout process can only be carried out if the vehicle is within the Pick-e-Bike zone and GPS reception is available.
During checkout, the User shall report all defects and damage that occurred during the rental period using the corresponding feature in the app.
If the User does not report this, they shall be liable for all damage that Pick-e-Bike or the next user suffers as a result.
The checkout, and thus the return of the vehicle, is complete when the rental has ended and the subsequent confirmation process has been completed. If the User does not end the rental or complete the confirmation process, the rental and the associated tariffs shall continue.
14.4 Inspection of the vehicle after return
The User is aware that Pick-e-Bike cannot check the vehicle itself immediately after it has been returned. The vehicle is checked either by the next user or, if the vehicle is not used by another user during this period, within the next seven calendar days by Pick-e-Bike.
Pick-e-Bike shall notify the User of any defects within seven days of return at the latest.
14.5 Securing the vehicle
When the User parks the vehicle at the end of the journey or temporarily locks during the period of use, they shall ensure that the vehicle is secured against rolling away. The User shall be liable if the vehicle is damaged or lost due to incorrect securing measures.
15. PAYMENT
Vehicles may only be booked if the User has a valid credit card at the time of booking and if the card issuer allows Pick-e-Bike to debit the card.
16. DAMAGE AND LOSS
The User shall be liable for any damage they cause negligently or intentionally to the vehicle or accessories, and for the loss of the vehicle and/or accessories during the rental period or as a result of inadequate securing of the vehicle at the end of the rental.
If the User fails to report this to Pick-e-Bike before the start of the journey, it shall be assumed that any damage discovered by Pick-e-Bike or the next user was caused by the User or that the accessories were lost during use by the User. These may be charged to the User.
Repairs may only be carried out by Pick-e-Bike and third parties commissioned by Pick-e-Bike. The User may not carry out repairs themselves or have them carried out by third parties.
17. ACCIDENT
If an accident occurs with the vehicle, the User shall stop immediately and report it to Pick-e-Bike.
Every accident shall be reported immediately using the corresponding feature in the app or by telephone using the telephone number given in the app as soon as this can be done without risk to the user, any passengers and other persons involved.
In case of personal injury, it is essential to notify the police.
The User may not sign any acknowledgement of facts.
Provided that this can be done without risk to the User, any passengers and other persons involved, the User shall take photographs documenting the accident situation.
The User undertakes after an accident to provide Pick-e-Bike with all the information required by the insurance companies involved.
18. FALLS
If the User falls and/or there is damage to the vehicle or protective helmet (e.g. due to falling), they shall report the fall immediately using the corresponding feature in the app so that Pick-e-Bike can arrange for repairs and the replacement of the protective helmet.
19. LOSS OF THE VEHICLE OR ACCESSORIES
The User is obligated to report any loss of a vehicle immediately via the Customer Centre. The User shall not be liable for the loss of vehicles that have been properly locked using the corresponding feature in the app. The risk of damage to vehicles parked near major events (e.g. football matches, concerts, carnival, etc.) shall be borne by the User.
If a vehicle that has not been properly locked using the corresponding feature in the app is stolen or taken during the rental, the User shall be liable for the loss of the vehicle. If it is possible to find the vehicle again using the GPS data, the User shall be liable for the work involved in the loss and all damage to the vehicle or its accessories when the vehicle is found again.
Activities in connection with theft shall be charged to the User according to the list of fees on www.pickebike.ch.
20. LIABILITY OF PICK-E-BIKE
The liability of Pick-e-Bike for its own actions and omissions as well as the actions and omissions of auxiliary persons is excluded as far as legally permissible.
Pick-e-Bike shall not be liable for the loss of items left by the User in or on the vehicles or stored in the vehicle’s transport spaces during the rental period.
21. INSURANCE
21.1 E-scooters
The e-scooters are insured in accordance with the regulations of the road traffic law (liability and fully comprehensive insurance).
The relevant insurance conditions may be changed at any time. The insurance conditions currently valid at the start of the journey can be viewed on the Pick-e-Bike website at www.pickebike.ch.
If Pick-e-Bike is liable as the owner of a motor vehicle or for other reasons for an event caused by the User that led to damage, Pick-e-Bike may have recourse to the User.
21.2 E-bikes
The e-bikes are insured by cantonal collective liability insurance.
The relevant insurance conditions may be changed at any time. The insurance conditions currently valid at the start of the journey can be viewed on the Pick-e-Bike website at www.pickebike.ch.
If Pick-e-Bike is responsible for an event caused by the User that led to damage, Pick-e-Bike may have recourse to the User.
22. PRIVACY POLICY
The privacy policy is described in a separate document. It forms part of this agreement.
23. CHANGES TO PERSONAL DATA
The User is obliged to inform Pick-e-Bike of any changes to their personal data via the corresponding feature in the app or via the Customer Centre.
24. DURATION OF THE AGREEMENT
This agreement is concluded for an indefinite period.
It ends automatically if the User’s driving licence is temporarily or permanently revoked, the User receives a driving ban or the User becomes permanently unfit to drive. The User is obligated to report such circumstances immediately via the Customer Centre.
The agreement also ends automatically with the death of the User.
The User may terminate the agreement at any time with immediate effect by e-mailing Pick-e-Bike. In this case, the User’s permission to use the sharing system ends immediately. If the User wishes to use the sharing system again in the future, they must re-register and provide all necessary the documents and information again.
Pick-e-Bike may terminate the agreement at any time with three days’ notice, in particular if the User does not use the vehicles safely, violates this agreement or there are reasonable grounds to suspect that the User has violated this agreement, repeatedly damages vehicles or is fined for driving a vehicle belonging to the sharing system.
25. QUESTIONS AND SUPPORT
For technical questions regarding the vehicles or for general questions about the sharing system, as well as for questions about the app, please contact the following address:
Pick-e-Bike AG, Grenzweg 1, CH-4104 Oberwil, hello@pickebike.ch, www.pickebike.ch
26. CHANGES TO THIS AGREEMENT
26.1 Changes to legal regulations
If the legal requirements for riding motor-assisted bicycles (e-bikes) or small motorbikes (e-scooters) are changed, Pick-e-Bike is entitled to unilaterally amend this agreement to ensure that Pick-e-Bike and the User comply with the new legal requirements. Pick-e-Bike is entitled to stipulate corresponding changes in this agreement.
The new content of the agreement shall become valid as soon as Pick-e-Bike publishes the new agreement via the corresponding feature in the app and the User receives a notification to that effect the next time they open or use the app.
If the User does not accept the changes, this agreement shall be terminated with immediate effect.
26.2 Contract and tariffs
The currently valid contract and the tariffs for the Pick-e-Bike sharing system form a binding part of this agreement.
Pick-e-Bike can unilaterally change the contract and tariffs at any time with effect for the next vehicle booking.
The currently valid contract and tariffs can be read at any time in the corresponding feature in the app or viewed, downloaded, saved and printed out at www.pickebike.ch.
er www.pickebike.ch eingesehen, heruntergeladen, gespeichert und ausgedruckt werden.
27. APPLICABLE LAW AND JURISDICTION
This agreement is subject to Swiss substantive law.
The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Arlesheim in the canton of Basel.