Terms of service

General Terms and Conditions (GTC)

EDDI Mobility GmbH, FN 550133 w

Version 08.07.2022

Personal designations used in these GTC apply equally to all genders.

Subject of the Contract

The following General Terms and Conditions (hereinafter the “GTC”) form an integral part of all contracts concluded by us, EDDI Mobility GmbH, FN 550133 w, Liniengasse 14/9A, 1060 Vienna (hereinafter “EDDI”). In particular, use of the user area provided by us online (on the World Wide Web) is also governed by these GTC. These GTC exclude any deviating terms and conditions of the contractual partner.

By using the service offered by us, you expressly agree to the application of these GTC.

Formation of the Contractual Relationship

All contracts concluded between EDDI and the contractual partner are entered into via the user area of the website https://eddibike.com. For a successful conclusion of a contract, the following steps are required:

  1. Providing personal data;

  2. Selecting the desired subscription (details of the various subscriptions are explained in more detail during the conclusion of the contract);

  3. Selecting the term of the desired subscription;

  4. Selecting the payment method;

  5. Accepting these GTC including the privacy policy;

  6. Before submitting the order, a review summary is displayed in which the contractual partner can check all data entered by them (by clicking the button “order with obligation to pay”);

  7. Clicking the button “order with obligation to pay”.

Upon completion of this process, the contract between EDDI and the contractual partner is validly concluded.

EDDI may reject the conclusion of a contract with the contractual partner without stating reasons.

The handover of the EDDI Bike from EDDI to the contractual partner takes place after conclusion of the contract in the following steps:

  • Arrangement of time and place of the handover of the EDDI Bike either online via the user area of the above-mentioned website or the app;

  • After successfully arranging time and place of the handover of the EDDI Bike, the contractual partner receives a confirmation email;

  • Verification of personal data upon in-person handover of the EDDI Bike (e.g. presentation of an official photo ID as well as a bank card and taking a photo by EDDI);

  • Written confirmation by the contractual partner that they wish to receive the EDDI Bike immediately and expressly waive a right of withdrawal pursuant to the Austrian Distance and Off-Premises Contracts Act (FAGG);

  • Written confirmation of the flawless condition of the EDDI Bike and of the correctness of the data provided during the online contract conclusion by the contractual partner upon handover of the EDDI Bike.

By accepting these GTC, the contractual partner declares their agreement with all contractual conditions listed. The GTC and the service descriptions and fee provisions relevant to EDDI’s services, as well as any changes thereto, can be viewed online at https://eddibike.com, are available for inspection at EDDI’s office, and will be sent to the contractual partner by email upon request.

Planned changes to contractual components or fees will be communicated to the contractual partner at least one month before they take effect. The contractual partner will be informed in an appropriate manner at least one month before amendments to the contractual contents underlying the contracts which are not exclusively beneficial to them and is entitled to terminate the contract up to the day the amendments take effect. Notification to the contractual partner may also be made by email to the email address on record or by displaying a pop-up window upon login by the contractual partner. If the contractual partner does not respond to the amendments, this shall be deemed as consent.

The contractual partner may communicate requests for contract amendments, changes to their master data and other notifications to EDDI in writing, by telephone or electronically by email. The information will be forwarded at the contractual partner’s risk.

Unless otherwise agreed, EDDI’s invoices are due immediately upon receipt without deduction. EDDI is entitled to allocate payments to the oldest debt in each case, first to costs, then to interest and lastly to principal.

Scope of Services / Service Description

EDDI rents an EDDI Bike to the contractual partner for a rental fee that varies depending on the subscription chosen. Certain additional services are included in this rental fee.

The operating area of EDDI is the city of Vienna.

During the agreed term, the EDDI Bike is available to the contractual partner. Details regarding the provision of the EDDI Bike are agreed between EDDI and the contractual partner as part of the ordering process.

The contractual partner has no entitlement to a specific EDDI Bike or a specific version, equipment or configuration.

The EDDI Bike and all items handed over to the contractual partner in connection with the EDDI Bike (e.g. lock, lights, etc.) remain unrestrictedly—thus also during the ongoing rental—in the property of EDDI.

EDDI is entitled at any time, after prior written notice, to inspect the EDDI Bike, to exchange it in whole or in part, and to perform maintenance and repair work on the EDDI Bike.

EDDI reserves the right to add advertising to the EDDI Bike at any time at its discretion. If the attached advertising, stickers, etc. are damaged, removed, or no longer visible, the contractual partner is obliged to notify EDDI thereof immediately in writing.

Obligations of the Contractual Partner / No Commercial Use

In the course of using the EDDI Bike (use also includes pushing, parking and storing the EDDI Bike), the contractual partner has the following duties and the following rules apply for proper use of the EDDI Bike:

  • Use of the EDDI Bike is the sole responsibility of the contractual partner and takes place at their own risk.

  • The contractual partner is obliged to familiarize themselves with the functionality of the EDDI Bike before using it.

  • Before each use, the contractual partner must check the EDDI Bike for road safety, functionality and any defects. In particular, it is necessary to check that all safety-relevant screws are tight, the proper condition of the frame, handlebars and saddle, tire pressure, the functional capability of the lighting system and the braking system. If a defect is present at the beginning of use or occurs during use, use of the EDDI Bike must be refrained from or terminated immediately.

  • If the EDDI Bike has a defect, is defective or otherwise shows damage, this must be reported immediately in writing to EDDI.

  • The EDDI Bike is exclusively for the personal use of the contractual partner. The contractual partner may therefore not hand the EDDI Bike over to third parties, allow third parties to use the EDDI Bike in any other manner, or sell, lend, sublet, pledge the EDDI Bike or otherwise encumber it with security interests or rights of third parties.

  • The EDDI Bike is a high-quality item. The contractual partner is therefore not permitted to damage or destroy the EDDI Bike, to convert it, to paint it, to draw/paint on it, or to make any other changes to the EDDI Bike.

  • The contractual partner is obliged to effectively secure the EDDI Bike against theft at all times during the rental.

  • The contractual partner is obliged to use the EDDI Bike only in the generally customary manner, avoiding unusual strain, and only on paved paths and roads.

  • The contractual partner is obliged to use and care for the EDDI Bike in accordance with EDDI’s instructions for use.

  • The contractual partner is obliged to refrain from using the EDDI Bike under the influence of drugs, medication or alcohol.

  • The contractual partner is obliged to use the luggage rack(s) of the EDDI Bike properly and as intended and, in particular, not to transport any persons on them.

  • The contractual partner is obliged to use the EDDI Bike only within the EDDI area.

The contractual partner is obliged, when using the EDDI Bike, to comply fully at all times with all applicable legal regulations, in particular all road traffic rules (e.g. the Austrian Road Traffic Act/StVO). The contractual partner is furthermore obliged to always ensure that, when using the EDDI Bike, (i) road safety is not impaired, (ii) other road users and pedestrians are not endangered, harmed or obstructed, and (iii) the EDDI Bike, other vehicles or other property of third parties as well as other rights of third parties are not impaired, damaged or endangered.

The contractual partner is not entitled to use the EDDI Bike as an entrepreneur within the meaning of the Austrian Commercial Code (UGB) in the exercise of their commercial or professional activity (i.e. use of the EDDI Bike, for example, for the commercial delivery of goods is prohibited). In the event of a breach of this obligation, the contractual partner must pay EDDI a contractual penalty in an appropriate amount—however not more than EUR 2,000.00. The amount of the contractual penalty is determined by EDDI at its equitable discretion; the appropriateness of the amount is subject to judicial review.

Additional Services / Services Provided by EDDI

In principle, the contractual partner is entitled to the following additional services:

  • Free repair of defects of the EDDI Bike within the EDDI area;

  • Free replacement of the EDDI Bike within the EDDI area — the type and extent of a replacement is decided by EDDI at its equitable discretion.

During the term of their subscription, the contractual partner may—if actually necessary—request an unlimited number of replacements of the EDDI Bike. No additional costs arise for the replacement. However, EDDI may refuse a replacement until the contractual partner has paid any outstanding EDDI rents, fees or other amounts due to EDDI.

A replacement can be requested by the contractual partner at any time from EDDI in writing by email to service@eddibike.com. The place and time of the replacement are agreed individually between the contractual partner and EDDI.

EDDI will endeavour to carry out a replacement of the EDDI Bike within 48 hours after receipt of the contractual partner’s replacement request. However, if EDDI cannot carry out the replacement within 48 hours, the contractual partner cannot derive any claims for damages or other claims from this.

If EDDI replaces the EDDI Bike, the contractual partner is obliged to hand over the existing EDDI Bike including the key to EDDI.

If the EDDI Bike is defective, the contractual partner is only entitled to a replacement if the defect arose in the course of the contractual partner’s use of the EDDI Bike in accordance with the contract and proper use.

In the event of theft or loss of the EDDI Bike, the contractual partner is only entitled to a replacement if the contractual partner is not responsible for the theft or loss (see section 9).

If the contractual partner requests a replacement without being entitled to a replacement, EDDI reserves the right to invoice the contractual partner a fee of EUR 30 per incident. This also applies if the contractual partner does not appear for an agreed replacement appointment.

If the contractual partner does not notify a defect on the EDDI Bike, or does not notify it immediately, the contractual partner is obliged to compensate for any resulting damage. This includes all additional costs arising in remedying the damage, as well as claims by third parties which would have been avoided if notified in time.

Furthermore, it is possible—against an additional charge—to rent a luggage rack, basket, helmet, phone holder or child seat for the EDDI Bike. The current prices are stated on the website.

Rent

The rent per month and per EDDI Bike is agreed separately in each case as part of the ordering process. The day the contract is concluded immediately constitutes the start of the subscription and thus the beginning of the ongoing payments. The rent is subsequently due monthly in advance on this day of the month, whereby timely payment is determined by receipt of the payment. Alternatively, it is possible to pay the annual subscription in full in advance immediately as part of the ordering process.

EDDI reserves the right to adjust the EDDI rent during the term of the subscription with effect for the future. Any changes to the rent will be communicated to the contractual partner in text form in good time before they take effect.

Payments by the contractual partner to EDDI are to be made via one of the payment methods offered on the website or by bank transfer to the account with Erste Bank,
IBAN AT54 2011 1843 7582 4000, account holder EDDI Bike Mobility GmbH.

If a direct debit cannot be collected due to insufficient funds or for other reasons attributable to the contractual partner, or if it is subsequently revoked by the contractual partner, the contractual partner is in default with the respective payment. The contractual partner then receives a reminder to pay the due amount within 14 days. If the due amount is not paid within 14 days, EDDI reserves the right to commission a collection agency to collect the payment. All additional administrative costs and out-of-court collection costs shall then be borne by the contractual partner.

Student Subscription

EDDI offers a discounted student subscription. The prerequisite for concluding and maintaining a student subscription is that the contractual partner

  • is a properly enrolled student at a recognized educational institution, and

  • has not yet reached the age of 28 at the time the contract is concluded.

The contractual partner is obliged, upon request, to provide EDDI with suitable proof (e.g. a valid enrollment confirmation and an official photo ID).

If the contractual partner does not meet the requirements for the student subscription or if these cease to apply during the term of the contract, EDDI is entitled to convert the student subscription with effect for the future into a regular subscription or to terminate the contract in compliance with the agreed notice period.

Securing Against Theft / Safety Precaution

The EDDI Bike is made available to the contractual partner together with one or more locks (e.g. frame lock, chain lock or other security devices).

To prevent loss/theft or damage to the EDDI Bike, the contractual partner is obliged to secure the EDDI Bike at all times using all security devices provided. The EDDI Bike should always be attached to a fixed object (e.g. fixed bicycle stands).

Together with the lock, the contractual partner is given a key. The contractual partner is obliged not to produce or have produced any additional keys (e.g. spare key, copy, duplicate key). EDDI reserves the right to keep additional keys for the EDDI Bike in its possession. The contractual partner is obliged to protect the key for the EDDI Bike at all times against loss, theft and unauthorized use and may not pass it on to third parties.

If the contractual partner damages the key, loses it or if it is stolen from them, this must be reported to EDDI immediately in writing. In this case, EDDI will hand over a new key to the contractual partner within the EDDI area and will charge a fee of EUR 25 per key. Upon handover of the new key, receipt must be confirmed by the contractual partner. If the contractual partner finds the key that was reported as lost, it must be sent to EDDI immediately at the contractual partner’s expense by post.

Damage to the EDDI Bike

If the EDDI Bike has a defect, is defective or otherwise shows damage, this must be reported in writing to EDDI by the contractual partner within 24 hours after becoming aware of the damage. This applies regardless of the extent of the damage and regardless of who caused the damage.

If the damage to the EDDI Bike was caused by the contractual partner or otherwise results from a breach of the provisions prescribed in these GTC, EDDI reserves the right to demand reasonable compensation from the contractual partner.

In the event of damage to the EDDI Bike due to (contributory) fault of a third party, the contractual partner is obliged to provide EDDI—if known—with the identity and contact details of such third party. If the damage occurred in connection with an accident, the contractual partner is obliged to provide EDDI with an accident report bearing the signatures of all persons involved in the accident.

Theft / Loss of the EDDI Bike

The contractual partner is obliged to inform EDDI in writing of the theft/loss of the EDDI Bike or individual parts of the EDDI Bike within 24 hours after becoming aware of it. In the event of theft/loss of the EDDI Bike, the contractual partner is obliged to hand over or send to EDDI the key for the EDDI Bike that they received from EDDI. The contractual partner is obliged—where reasonable—to support EDDI with regard to filing a police report or taking any other legal steps.

EDDI charges the contractual partner a processing fee in the amount of EUR 80 if the EDDI Bike is stolen or lost despite being secured twice.

If the EDDI Bike was not secured accordingly by the contractual partner and was stolen as a result, EDDI reserves the right to charge the contractual partner a processing fee in the amount of EUR 560.

If the contractual partner does not notify EDDI in writing of the theft or loss of the EDDI Bike within 24 hours, EDDI reserves the right to charge the contractual partner an amount of EUR 560. The same applies if the contractual partner does not return the key for the handed-over security device to EDDI within a period of one week.

Contract Term

The contract term is agreed separately between the contractual partner and EDDI as part of the conclusion of the contract. The start of the subscription is the time the contract is concluded.

However, the following subscriptions are distinguished:

  • Monthly cancellable subscription with a minimum term of one month.

  • Annual subscription with a minimum term of one year.

Further subscriptions are offered in a limited manner via the website. Their availability may change at any time and the exact conditions are shown directly on the website in each case.

The extraordinary right of termination of the contractual partner and EDDI for good cause remains unaffected by the above provisions.

Termination and Right of Withdrawal

Any termination of a contract between the contractual partner and EDDI must be in writing; an email is sufficient.

The contract may be ordinarily terminated by both contracting parties at any time subject to a notice period of one month.

The termination becomes effective at the end of the billing period following the termination.

This means: after receipt of the termination, one further monthly rent is still to be paid; at the end of this billing period, the contractual relationship ends automatically.

Within no later than 7 days after the end of the contract, the contractual partner is obliged to return the EDDI Bike and any other items provided by EDDI to the contractual partner to EDDI at a place to be agreed with EDDI.

If the EDDI Bike including accessories is not returned by the contractual partner within the agreed period, EDDI reserves the right to charge the contractual partner a late fee of EUR 10 per day, but no more than EUR 50 (2 weeks).

After a return delay of 2 weeks, EDDI reserves the right to initiate legal steps against the contractual partner, and/or the contractual partner is obliged to pay EUR 560 as compensation for the EDDI Bike.

Liability

EDDI is liable for all damages caused intentionally or by gross negligence, and for breach of essential contractual obligations.

The contractual partner is liable for the correctness of the data provided by them during registration and for keeping their access data confidential.

EDDI does not pass on the stored data of the contractual partner to third parties.

If EDDI is claimed against by third parties due to acts that were performed and/or caused by the contractual partner, the contractual partner is obliged to fully indemnify and hold EDDI harmless with respect to all such claims.

Final Provisions

Only these GTC of EDDI apply.

Austrian law applies to the exclusion of conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Since the contractual partner is generally a consumer, claims against them must be brought at their general place of jurisdiction. All legal disputes arising from this agreement, including the question of its conclusion, validity, dissolution or nullity, are subject to the exclusive jurisdiction of the court locally competent for 1010 Vienna.

This agreement is final. At the time of conclusion of this agreement, there are no oral ancillary agreements of any kind. Amendments to this agreement must in any case be made in writing. Should one or more provisions of this agreement prove to be wholly or partly invalid, or should a loophole arise, this shall not affect the validity of the remaining provisions of this contract. Both contracting parties are obliged to agree a valid provision in place of the invalid provision or to fill the loophole, which comes as close as possible to the intended content of this agreement.

Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid or ineffective provision shall be replaced by such a provision which the parties would otherwise have agreed and which comes as close as possible to the invalid or ineffective provision.

Furthermore, the relevant statutory provisions apply, in particular the E-Commerce Act (ECG) and the applicable data protection provisions.