The employees (DN) of the Kepler University Hospital (K) are granted the right to borrow an e-bike for a defined period of time free of charge after registering electronically on K's intranet using an app. In the context of the registration and for the use of the e-bikes requires the approval of the DN to the following terms of use, which describe the legal relationship between K and the respective DN.
The registration of the DN takes place by entering the following mandatory data: name, first name, street No., plz, city, telephone, mobile, e-mail, date of birth, employee number
The DN declares its agreement to K, the contractual partner of K (the movelo GmbH (M) as landlord of e-bikes and provider of the software and app, Getreidegasse 9, D-83435 Bad Reichenhall) to collect, maintain and store his data, which are necessary for the establishment and implementation of the loan agreement.
All DN of K and only the DN of K are entitled to borrow and use the existing e-bikes. A sublease, sublease or use by third parties is prohibited.
A legal claim of the DN on the loan of an e-bike does not exist.
The DN selects a borrowing rate. The choice of the borrowing rate results in the selection and concretisation of the rental object (e-bike), the beginning of the loan process and the return time for the e-bike.
The instruction in the handling of e-bikes via the help menu (tutorials) in the app.
The e-bikes are at the beginning of the loan and removal from the e-bike station in a faultless condition. Otherwise, DN must notify K of the detected defect immediately before commissioning.
The loan period is limited, beginning and end result from the selection of the respective elective rate.
If the DN continues the use of the e-bike after the agreed loan period has expired, the leasing relationship shall not be considered extended.
The DN is obliged to return the e-bike in the contractual condition at the agreed place and at the latest at the agreed return time.
The DN undertakes to treat the e-bike in a careful and professional manner, to observe all regulations and technical rules relevant to its use and to check regularly whether the e-bike is in a traffic-safe condition and the e-bike properly to close the app.
If a defect / damage occurs during the use (transfer of risk) of one of the lent e-bikes, DN undertakes to report this defect / damage K immediately.
In the event of any damage to the e-bike during the period of use, the DN is obliged to inform K in writing, carefully and truthfully without delay of all details of the event which has caused the e-bike to be damaged.
The DN must take all measures that are useful and conducive to the investigation of the loss event. This includes in particular that the DN must truthfully and completely answer K's questions about the circumstances of the damage event and must not leave the scene of the accident before the necessary findings, in particular K for the assessment of the damage, could be made, or to meet these.
The DN is not liable for defects / damages which occur without fault of the other with appropriate operation and thus cause wear-related repairs.
K. is liable for damage to property and personal injury caused by professional use through negligence of third parties or external influences and without gross negligence and intent of the DN, for property damage and personal injury resulting from gross negligence or intent of the service DN arise, the DN is liable. Likewise, liability of the DN for damage to property and personal injury, if the e-bike is not returned properly after the expiry of the contractual period.
For damage to property resulting from private use with or without fault of the DN, the DN is liable up to an amount of € 120, - for the repair costs per damage event. For personal injury arising in the context of private use with or without fault of DN, the DN is liable.
K undertakes to sufficiently secure the e-bike against theft outside a rental operation and to apply the specified safety devices. During the rental process M assumes the liability for theft and K bears the costs of a deductible of € 120, - Euro. If the DN does not adequately secure the e-bike against theft and does not use the prescribed safety devices, or if it is used privately during the rental period, the DN will bear the cost of the excess charge of € 120, -.
For every theft, the DN K must provide a police theft deterrent. If this theft notification is not presented, the DN or K is liable for any theft in full for the loss of the e-bike.
If the e-bike is not returned properly after the contractual period has expired, the DN will be liable for any loss of the e-bike for any theft.
The DN is liable for the delayed return of the e-bike. This applies in particular to recourse claims of the lessor M against K because of late faulty return of the e-bikes to M.
The DN is liable without limitation for all violations of traffic and regulatory provisions and other statutory provisions as well as for all property disturbances that he or a third party to whom the vehicle unauthorized left. The DN exempts K and M from any fine, custodial charges, fees and other costs incurred by authorities or other bodies in the event of such breaches by K or M.
The parties are entitled to terminate the loan agreements in accordance with the statutory provisions.
K can terminate the loan agreement extraordinarily without notice for good cause.
As an important reason in particular:
K is the responsible body in terms of data protection law. The personal data of the DN are collected, processed and used for the purpose of establishing, carrying out or terminating the contract by K or a third party commissioned by it with the awarding on site.
A promotional use is only for self-promotion purposes of K and M (including referral advertising).
The transmission of the data of the DN and the respective usage data (beginning, end of the loan, whereabouts of the e-bike) of the loan are made to M, as this is necessary for the contract execution with the DN and M.
Any further use requires the statutory permission or consent.
The DN may at any time object to any processing or use of its data for purposes of advertising or market or opinion research. The objection must be addressed to K.
The e-bike may only be driven within 50 kilometers of the Kepler University Hospital. The infringement of this provision entitles K to terminate the loan agreement without notice.
The access data, usernames and passwords provided by K and M to the DN must be protected from unauthorized access by DN and must be kept strictly confidential.
K reserves the right - in coordination with M - to change the terms of use at any time and undertakes to inform the DN accordingly.
Verbal collateral agreements do not exist.
Jurisdiction is Linz.
