Last updated: 14.12.2020
1.1. These terms and conditions apply to all contracts, which are between Henry Mobility Management GmbH or Henry Mobility GmbH (haftungsbeschränkt) (“GetHenry” or the “lessor”) and the renter (the “renter”) named in the rental agreement. The terms and conditions are part of the rental agreement (collectively the “rental agreement”).
1.2. Additions to the rental agreement must be in writing and signed by the lessor in order to be effective. This also applies to the deviation from this written requirement. Verbal agreements have not been concluded.
1.3. The parties exclude the applicability of the renter’s general terms and conditions.
1.4 Identification of parties
GetHenry is the following entity that is resident in the country in which the customer uses the vehicle:
- Henry Mobility Management GmbH Mollardgasse 85a/3/3/148, 1060 Vienna, Austria;
- Henry Mobility GmbH, Lohmühlenstrasse 65, 12435 Berlin, Germany
The renter (hereinafter referred to as “renter”) is a person who is at least 18 years old or an entity that uses the service offered by GetHenry, carried out and expressly approved the registration process and accepted these Terms and Conditions. These terms and conditions do not apply to consumers that fall under §1 Abs 1 Z 2 KSchG.
- Conclusion of contract
The rental object is rented between GetHenry and the renter. The contract is always concluded on site of the service provider. The rental contract is only concluded by sending an online form including agreement on these terms and conditions. GetHenry hands over the rented property to the renter and takes it over again.
In addition, GetHenry is the first point of contact for the renter for all matters relating to this rental agreement.
- Rental object
3.1. The rental object is the vehicle and accessories, which are listed in the rental contract.
3.2 The vehicles are either e-bikes, e-scooter or e-mopeds.
3.3 Additionally to the e-bike the rental object also includes a lock with a key to securely lock the vehicle.
3.4.Additionally to the e-moped the rental object also includes a key to switch the vehicle on/off as well as a helmet.
3.5. Any information regarding the rental object taken from a website, catalogues or other sources about the looks, engine power, weight, size, speed limit and more shall not be seen as binding and are not assured features.
- Driver’s licence for e-mopeds
Only people that meet the following criterias are allowed to use GetHenry e-mopeds:
4.1 The person is at least 18 years old.
4.2 The person owns a class A or B driver’s licence for at least 12 months issued by a member state of the EU or EEA or owns an international driver’s licence.
4.3 The person uploaded his driver’s licence prior to renting. GetHenry is allowed to check the licence for its authenticity and is allowed to make a copy of the licence.
4.4 The person shall carry the licence with him when using the e-moped. The person is not allowed to use the e-moped if his licence is taken from him or expired. The same shall apply for a temporary driving ban.
4.5 The person shall use his personal data to rent a vehicle.
5.1. The rental object is only transferred temporarily to the renter. The renter does not acquire property of the rental object.
5.2. The rented property is ready to use on the renter’s own account and risk.
5.3. In the course of handover, but before taking over, the renter must check the rental object for road safety, functionality and defects. Rental objects that have defects, are not functional or show an increased security risk are not rented out by GetHenry and may not be rented by the renter. The renter must notify GetHenry of any defects before the contract is concluded. Complaint or notifications, that come later, excludes GetHenry’s liability.
- Rental Duration and Cancelation
6.1.The rent is valid for the chosen period. If the renter wants to end the rental, GetHenry needs to be notified 24h before and the objects shall be returned at the return location. If the rent is not cancelled within 24 hours before the end of the rental period and/or t the vehicle is not returned, the rent will be extended automatically for the period chosen when concluding the contract.
6.2. GetHenry and the renter may terminate the rental contract anytime with immediate effect for an important reason. An important reason from the renter’s perspective , for example, implies that the rental object is misused or if essential contractual obligations are violated. Damage to the rental object is also an important reason for termination.
- Fees and Payment Terms
7.1. The rental fee is defined by the GetHenry and shall be paid by the renter online via credit card or via bank transfer during the conclusion of the digital contract. The renter authorises GetHenry to debit the nominated debit or credit card with the amount of the weekly or monthly fees and when they fall due.
7.2. Bank charges and collection fees, especially for chargebacks, shall be reimbursed by the renter to GetHenry.
7.3. In the event of late payment there will be interest for default of 5% p.a. For each reminder, the renter shall pay GetHenry an additional fee of EUR 25.00 per transaction. GetHenry may prove and claim higher damages caused by delay.
7.4. In the event of a default of payment, GetHenry is entitled to take or withhold the rental property until it has been fully paid. In this case, the renter must grant GetHenry access to the rental object, so it can easily be transported away. The renter bears all costs in this case. The right to take away also applies if there are doubts of the renter’s creditworthiness and solvency.
8.Damages and Indemnification
- The following compensations shall be paid if one of the corresponding events happen. This shall not be a limitation to any further damages.
- In the event of a self-inflicted total or irreparable damage, theft or loss of an e-bike,, the renter shall pay a maximum compensation of €300 per vehicle.
- In the event of loss of a battery provided by GetHenry, couriers shall pay compensation fee of €150
- In the event of a self-inflicted total or irreparable damage, theft or loss of an e-moped, the renter shall pay a maximum compensation of €3000 per vehicle.
- In the event of theft or loss of an e-moped helmet, the renter shall pay a maximum compensation of €100 per helmet.
- In the event of loss of a lock key provided by GetHenry, renter shall pay €30 per key
8.2 GetHenry offers an additional voluntary insurance for 4.9€ per month per e-bike which will cover theft as well as damages to the e-bike itself, with no excess fee for the renter.
8.3 The rental objects and all accessories are counted as lost or stolen, when the renter presents an official theft report to GetHenry. The rental object continues to be rented out until this report is filled out.
8.4. The renter uses the rental objects on its own risk. The renter has experience in using the rental objects and knows about the safe usage, risks and accomodation of the rental objects. The renter shall be liable for any damage inflicted due to his own actions. GetHenry shall never be liable for actions of the renter.
8.5. The renter shall keep GetHenry free against all claims by third parties which are raised against the lessor in connection with the operation and possession of the vehicle. In particular, the renter has to pay all penalties directed against GetHenry. The renter will inform GetHenry about any judgements. GetHenry charges a flat rate of EUR 50.00 per transaction for the processing of administrative procedures, hearings and other judgements. GetHenry is not obliged to lodge an appeal.
8.6. The renter confirms to be insured sufficiently.
8.7. Several renters are liable on a solidary basis to the lessor.
- Liability with peace-of-mind
GetHenry offers an additional peace-of-mind package for EUR 5.90 per Month and E-Bike, which is payable at the same time as the rent. This package can be chosen as an additional product when concluding the rental agreement.
Liabilities listed above under point 8 a-g do not apply to renters who have included the peace-of-mind package in their rental agreement. The following liabilities still apply in spite of the peace-of-mind package:
- Damage incurred as the vehicle was not used as intended
- Damage incurred by theft, if the bike was not secured with a lock of the category ABUS 6 (or a category that is compatible with the aforementioned)
- Damage incurred by improper repairs, maintenance, restoration, cleaning or similar activities
- Damage caused by militant or terroristic events
- Damage incurred in the wake of governmental orders, confiscation as well as damage caused by nuclear energy, radioactivity and biological or chemical causes
- Loss due to simple losing, misplacing or leaving behind
- Liability claims for damage caused by the ensured bike.9. Liability of the renter against third parties
9.1. Every third person that is not the renter or lessor, who is using the rental object with or without GetHenry’s approval shall be seen as vicarious agents to the renter and shall hence act with the same due care as the renter and be held liable under the same conditions.
9.2. The renter shall be held liable for persons that gained access to the rental object due to the renter or for persons that gained access to the rental object due to the lack of safety measures which the renter should have taken.
10. Limitation of liability of GetHenry
10.1. GetHenry shall not be liable for damages of any kind by the renter, unless GetHenry is guilty of willful intent or gross negligence or the incurred damage is classified as personal damage. The burden of proof for gross negligence lies with the renter. GetHenry’s liability is also limited in accordance with the rental fee. GetHenry’s shall not be liable for lost profit, consequential damage and indirect damage.
10.2. GetHenry represents that, to the best of its knowledge and belief, the rental object is supplied to the renter at the commencement of the Term:
- in sound and safe condition, suitable for authorized use;
- free of any known faults or defects that would affect its safe operation under normal use;
- in accordance with the manufacturer’s standards.
Apart from this and any other warranty or guarantee set out in this agreement, or which the renter is entitled to by law, GetHenry excludes all other warranties or guarantees.
10.3. Any claims for damages of the renter shall expire after 6 months after the renter knew about his claims or 3 years after the damage occurred.
10.4. The liability limitations mentioned above shall also apply to employees, organs and vicarious agents of the lessor.
The renter shall only offset his claims with those of the lessor if the lessor gave their explicit allowance or it was ordered by court.
12.Treatment of privat data
12.1 GetHenry shall not transfer any personal data of renters to third parties. Such data implies especially the data provided when concluding the rental agreement as well as GPS Data and the history of trips the renter made with the rented vehicle.
12.2 Exceptions to 13.1 are allowed under the following circumstances:
12.2.1 If the renter received a coupon from Mjam GmbH they are herewith informed that the following data categories will be transferred to Mjam GmbH for the purpose of performance tracking as well as billing, as far as this is necessary for the proper handling of the rental and for the fulfillment of the joint controllership according to article 26 DSGVO: Name, phone number, e-mail address and rental period.
12.2.2 GetHenry is allowed to hand over any outstanding invoices to a payment collection agency if the renter has outstanding invoices. In this case the following data is shared with the payment collection agency in order to collect the outstanding debt Name, phone number, e-mail address and the outstanding amount. For any further operations the general terms and conditions of IDG Inkasso Direkt GmbH shall apply.
13.1 A helmet shall be worn when using an e-moped. The renter shall not use the rental object whilst under the influence of drugs, medications or alcohol.
13.2 The rental object shall not be used on off road streets or on racing tracks.
13.3 The renter shall not change the rental object in any way. The renter shall not apply a sticker to the rental object.
13.4 The renter shall use the rental object according to the applicable law of the country in which the customer uses the vehicle. The renter confirms to have knowledge of the traffic rules of the state and the city and complies to these rules.
13.5 The renter shall check traffic zones, stick to the legally defined speed limits, act with due diligence, stick to the basic safety measures and adapt the way the vehicle is driven according to the weather. The renter shall not use the rental object if the weather is not suitable to drive. The renter shall not transport other persons or any objects, which hinder the renter to drive safely. Additionally the renter shall not use any mobile end device, to listen to music, navigate, talk or any other way that distracts the renter, while using the rental object. The rental object shall not be used to perform jumps/acrobatic stunts or participate in races.
13.6 The renter shall treat the rental object with due care including the surveillance, proper care and accommodation of the vehicle. The renter shall carry any costs arising from these actions.
13.7 The renter shall not use the rental object as a collateral for loans or pledge it. The renter shall inform GetHenry immediately if the rental object is pledged or taken as a collateral by a third party and shall support GetHenry in his pursuit of his right to defend his assets. The costs shall be carried by the renter.
13.8 Renters shall regularly book a check-up appointment at GetHenry or an official service partner of GetHenry. Dates for check-ups will be sent out by GetHenry via E-Mail or can be booked using the GetHenry (web)application. Renters will be informed by GetHenry about the necessity of a check-up.
13.9 Renters that are not showing up to their check-up appointment shall carry the costs for the booked labour time, if there are not any important reasons for not showing up. The costs for the booked labour vary form service partner to service partner but shall never exeed EUR 50.00 per appointment.
13.10 If more than 4 weeks have passed since their last check-up appointment renters shall be no longer exempt from liabilities as mentioned under point 9.
13.11 Check-up appointments can be postponed up to 24 before the check-up appointment takes place without any additional costs to the renter.
13.12 If there is an important reason check-up appointments can be postponed on short notice without additional costs to the renter.
14.1 The renter shall return the rented objects without any defects, working and in proper condition at the agreed time and place. The rented objects have to be clean so that they can be rented out again without having to clean them. All additional products shall be given back to GetHenry when the vehicle is returned especially the lock, keys and other rental products. If the rented objects are not returned or if the return is delayed the rental period is prolonged as described above under point 6
14.2 GetHenry may issue an invoice for damage that was not apparent at the time of the bike return. GetHenry has 8 weeks after the return date to do so.
15.1. GetHenry shall at any time transfer his claims and rights to third parties with all rights and obligations, especially in order to refinance. The renter is not allowed to transfer any rights or claims stemming from this contract.
15.2. The renter has no right of retention regarding the rented objects.
15.3. If part of the rental agreement including terms and conditions become ineffective or unenforceable the rest of the provisions will stay legally effective. However, the affected provisions shall be replaced by valid provisions, which meaning comes closest to the replaced provisions.
16.Place of fulfillment, applicable law
16.1. The place of fulfillment of all duties stemming from the rental agreement including terms and conditions is the place of the service provider.
16.2. The rental agreement including these terms and conditions are governed by German or Austrian law taking international private law in consideration depending on the place of the service provider.
16.3. The German version of these terms and conditions shall be used for interpretation purposes.