T&Cs:
GetHenry Subscription Service

Last updated: 01.07.2021

 

  1. Scope

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” or the “lessee”) 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 Rögergasse 24-26/2/4-6, 1090 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.

 

  1. Conclusion of contract

The rental object is rented between GetHenry and the renter. The contract is always concluded at the above mentioned place of the service provider after implied consent of these Terms and Conditions.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.

 

  1. Rental object

3.1. The rental object is the vehicle and special accessories (additionally booked rental items), which are listed in the rental contract.

3.2. The vehicles are either e-bikes, e-scooters, e-cargos or e-mopeds.

3.3. Additionally to the e-bike the rental object also includes a lock with a corresponding 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.

 

  1. 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.

4.6. The person pays GetHenry via credit card or direct debit.

 

  1. Handing-over

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 the handover, but before taking over, the renter must check the rental object for road safety, functionality and defects.

5.4. 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.

 

  1. Rental Duration and Cancellation

6.1. The rent is concluded for the period specified in the rental agreement.

6.2. The cancellation can be done via the GetHenry app or by email (info@gethenry.co).

6.3. 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 in compliance with item 15.1 of these Terms and Conditions. Otherwise point 15.2. of these Terms and Conditions shall apply. The cancellation conditions apply equally to additionally booked rental items, such as an extra battery. The cancellation should also take place primarily via the GetHenry app and can additionally happen in written form.

6.4. If the rent is not cancelled within 24 hours before the end of the rental period and/or the vehicle is not returned according to the information of point 15.1 of these Terms and Conditions, item 15.2. of this agreement shall apply.

6.5. If the next billing date is on a Saturday or on a public holiday and the contract was terminated at least 24 hours in advance, the rental object must be returned on the previous Friday or on the previous working day by 2 p.m. at the latest and according to the specifications of item 15 of these Terms and Conditions. Otherwise, point 15.2. of this agreement shall apply.

6.6. If the next billing date is on a Sunday or Monday and the contract was terminated at least 24 hours in advance, the rental object must be returned analogously to point 6.5. and with respect to the specifications of point 15. of these Terms and Conditions or it can be returned on the next possible working day before 11 a.m. at the latest and in compliance with item 15. of these Terms and Conditions. Otherwise, point 15.2. of this agreement shall apply.

6.7. 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. (See item 14; in particular item 14.8. of this agreement). Damage to the rental object is also an important reason for termination.

 

  1. Fees and Payment Terms 

7.1. The lessee owes the rental fee in advance in the respective agreed amount. The rental fee is defined by GetHenry and shall be paid by the renter online via credit card or via direct debit (SEPA-Lastschrift) 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. and 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 and all other objects given to the lessee must be returned. 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.

7.5. In order to receive any overdue payments from the lessee, GetHenry reserves the right to hand over payment claims to collection service providers. For this purpose, personal data may also be passed on as described in item 13. of these Terms and Conditions. As soon as IDG Inkasso Direkt GmbH is assigned, the leased property will be withdrawn from the Lessee.

 

  1. Damages and Indemnification

8.1. In the event of theft, loss or misplacement of the rented item, the renter must pay for all costs incurred in returning the vehicle.

8.2. Moreover, the following compensations shall be paid if one of the corresponding events happens. This shall not be a limitation to any further damages. 

8.2.1. 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 €1500 per vehicle.
8.2.2. In the event of loss, theft or irreparable damage of a battery provided by GetHenry, the renter shall pay a compensation fee of €350.
8.2.3. In the event of loss, theft or irreparable damage of a lock provided by GetHenry, the renter shall pay €50 per lock.
8.2.4. In the event of loss, theft or irreparable damage of a lock key provided by GetHenry, the renter shall pay €24 per key.

8.3. The rental objects and all special accessories are counted as lost or stolen, when the renter presents an official theft report from the police, which is to be procured by the renter independently, 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.

 

  1. 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 8.2.1.-8.2.3. 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 the ringlock and the key cannot be shown as a proof.
  • Damage incurred by improper repairs, maintenance, restoration, cleaning or similar activities.
  • Damage caused by militant or terroristic events as well as riots and strikes of all kinds and the measures taken against them.
  • 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 e-bike.

 

  1. Liability of the renter against third parties

10.1. 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. 

10.2. 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.

 

  1. Limitation of liability of GetHenry

11.1. 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.

11.2.  GetHenry excludes specific warranty or guarantees.

11.3. Any claims for damages of the renter shall expire after 6 months after the renter knew about his/her claims or 3 years after the damage occurred.

11.4. The liability limitations mentioned above shall also apply to employees, organs and vicarious agents of the lessor. Manufacturers, repair and maintenance companies and their representatives and employees are not vicarious agents of the lessor and contracts between the renter and the aforementioned do not constitute contracts in favor of the renter and do not have any protective effect in favor of the renter. 

 

  1. Prohibition of set-off

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.

 

  1. Treatment of personal data

13.1. 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.

13.2. Exceptions to 13.1 are allowed under the following circumstances:

13.2.1. If the renter received a coupon from a cooperation partner they are herewith informed that the following data categories will be transferred to the cooperation partner 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.

13.2.2. GetHenry is allowed to hand over any outstanding invoices to a payment collection agency if the renter has overdue payments. 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 invoice amount. For any further operations the general Terms and Conditions of IDG Inkasso Direkt GmbH shall apply.

 

  1. Additional terms of use

14.1. The renter shall not use the rental object whilst under the influence of drugs, medications or alcohol.

14.2. The rental object shall not be used on off-road streets or on racing tracks.

14.3. The renter shall not change the rental object in any way. The renter shall not apply a sticker or foil to the rental object.

14.4. 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.

14.5. 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 device, listen to music, navigate, talk or use any other service 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.

14.6. 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.

14.7. 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.

14.8. The renters shall regularly book a vehicle service (check-up) appointment at GetHenry or an official service partner of GetHenry. Appointments 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. If service check-ups are repeatedly not observed and/or agreed appointments are not met, the lessor is entitled to terminate the contract prematurely with immediate effect after three unobserved appointments. The rental fee will not be refunded proportionally.

GetHenry can only ensure the safety of the rented object by keeping the contractually agreed maintenance appointments.

14.9 If more than 9 weeks have passed since the last vehicle service (check-up) appointment, renters shall be no longer exempt from liabilities as mentioned under point 9 of these Terms and Conditions.

 

  1. Return

15.1. The renter shall return the rented objects without any defects, working and in proper condition at the agreed 24-hour return period before the next billing date and at the agreed 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 special accessories (e.g. an extra battery).

15.2. In the event of a delayed return or the return was not respected, the rental period is automatically prolonged and GetHenry has the right to collect the full rental fee for another rental period.

15.3. 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.

15.4. Deviations from the 24-hour return period mentioned in item 15.1. arise according to point 6.5. and 6.6. of these Terms and Conditions.  

 

  1. General Terms

16.1. 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. 

16.2. The renter has no right of retention regarding the rented objects.

16.3. If part of the rental agreement including these 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.

 

  1. Place of fulfillment, applicable law

17.1. The place of fulfillment of all duties stemming from the rental agreement including Terms and Conditions is the place of the service provider.

17.2. The rental agreement including these Terms and Conditions are governed by German or Austrian law taking international private law into consideration, depending on the place of the service provider.

17.3. The German version of these terms and conditions shall be used for interpretation purposes.