General Terms and Conditions Test Ride
§ 1 Safety
(1) The Customer assures to comply with all applicable traffic laws and regulations.
(2) The Customer confirms that the Lemmo sales representative has provided him with information regarding the principal features of the bicycle and instructions for the bicycle’s safe operation. The user manual of the Loan Bike was presented to the Customer.
(3) The Customers must ensure that the Loan Bike is treated in accordance with Lemmo's operating instructions.
(4) At any time the bicycle is not functioning properly, the Customer will stop using it and return it to Lemmo.
(5) In case of an accident that causes injury or damage, the Customer shall immediately report to Lemmo, the Customer‘s insurance company, and the local police department.
(6) The Customer confirms that he has private liability insurance.
§ 2 Ownership, Loss and Theft
(1) Lemmo is the owner of the Loan Bike. The Customer must keep the Loan Bike free from third-party rights. The Customer may not sell, pledge, give away, rent or lend the Loan Bike, nor assign it as security.
(2) The Customer may not allow other people to use the Loan Bike.
(3) The Customer must notify Lemmo immediately of any third-party claims to the Loan Bike, theft, damage or loss. If a theft happened or cannot be excluded, the Customer issues a theft report to the police; a copy of the police theft report is to be sent to Lemmo at the e-mail address contact@lemmofuture.com.
(4) During the period between receipt and return of the Loan Bike, the Customer is liable for any damage caused by loss or theft of the Loan Bike, up to a maximum amount of the market value of the Loan Bike and included accessory.
§ 3 Risks, Liability of Lemmo
(1) The Customer acknowledges that riding the Loan Bike is voluntary and connected with certain dangers and inherent risks to both the Customer himself and third parties, including but not limited to collision, turning over, slipping, falling, and equipment failure, which could result in temporary or permanent injury or even death.
(2) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Lemmo, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(3) In the event of a breach of material contractual obligations, Lemmo shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(4) The restrictions of paragraphs (2) and (3) shall also apply in favor of the legal representatives and vicarious agents of Lemmo, if claims are asserted directly against them.
(5) The limitations of liability resulting from paragraphs (2) and (3) do not apply if Lemmo has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if Lemmo and the Customer have reached an agreement on the quality of the item. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
(6) The customer acknowledges that operation of a bicycle involves inherent risks, hazards, including, but not limited to, traffic conditions, weather conditions, road and pavement conditions, natural and unnatural objects and obstacles, impact or collision.
§ 4 Return of the Loan Bike
(1) At the end of the loan period agreed upon, the Loan Bike with accessories must be returned by the Customer to the store from where the bike was taken, immediately at his own expense and risk.
(2) If the Customer does not return the Loan Bike accessories (loss, theft), the Customer shall be liable for the costs of replacing them and for any resulting further damage.
§ 5 Data Protection
With regard to the scope and purpose of data collection and the information on the rights of data subjects, reference is made to the data protection information of Lemmo[JB1] .
The Customer agrees that Lemmo may store and use the contact details the Customer provided in the contract (i.e. name, address, e-mail address, telephone number) for the purpose of informing the Customer occasionally, about products and services from its range by e-mail. The Customer’s contact details will not be passed on to third parties without the Customer’s or legal permission.
The Customer’s above consent is valid until the Customer revokes it. The Customer can declare this revocation at any later time without giving reasons with effect for the future by telephone, in writing or by e-mail (e.g. to contact@lemmofuture.com). The Customer is also entitled to the other rights set out in Lemmo’s data protection information.