Mieton GmbH – Terms of use

MietOn GmbH is a German company, which was founded in accordance with the laws of the Federal Republic of Germany and has its headquarters in Dresden.
If you do not accept the terms of use, you must immediately stop using the MietOn website & MietOn-APP and you may not have access to the bicycle release.
The registration as renter/user, which you make in the MietOn-APP, implies the explicit acceptance of these terms of use.

§ 1 Terms of use (Terms and Conditions): Subject matter and scope

1. MietOn GmbH (hereinafter referred to as “MietOn” or “Provider”) rents bicycles and e-bikes to registered customers in different usage areas. The GTCs refer to the contractual relationship between MietOn and the respective customer. The terms of use refer to registration (including the setting up of the customer account and the framework agreement) as well as conditions for the conclusion of individual rental agreements (lending, loan transactions). Sections 1 to 12 regulate all rights and obligations associated with the loan and use of the rental bicycles.
2. Bicycles and e-bikes can be borrowed and returned via Smartphone-App.
3. Individual verbal agreements made before or during the conclusion of the contract and deviating from the terms of use require written confirmation by the Provider for the Customer.
4. The contract is concluded in German language. In the event of contradictions between the German and English versions of the Terms of Use, the German version shall automatically apply.
5. The renter/user declares that he/she uses the rental bike exclusively at his/her own risk. The company MietOn assumes no liability for damage to persons / the user, as well as third parties or objects through its own / no fault of its own. Furthermore, the renter/user is obliged to pay for any damages. The amount of damage is based on a cost estimate prepared in retrospect by a recognised specialist workshop or on the cost of spare parts and repairs. In the event of damage/technical defect, the lessee/user undertakes to inform the lessor immediately about the incident.
6. Bicycles without lighting or defective lighting may not be ridden after dusk. LED lamps do not comply with the StVO!

§ 2 Confirmation and registration

During the registration process, the renter/user must provide correct, truthful and complete information, including, but not limited to, name, address, telephone number, e-mail address and password. The Lessee/User agrees to keep his information accurate and up to date.

In addition, at the time of registration, the renter/user is required to provide us with a PayPal account or the details of a debit or credit card accepted by us from which the costs incurred by the renter/user can be charged. During the period that you are a registered renter/user, you agree not to cancel or change your debit or credit card or PayPal account without prior notice to us. In this case, you must provide an alternative or updated payment method in order for MietOn to charge the appropriate fees.

MietOn reserves the right to delete and/or suspend your customer account at any time without prior notice and regardless of any violation or suspicion of a violation of these terms of use or applicable law. If a customer account has been deleted or suspended, the renter/user will no longer have access to the services of the website, the MietOn-APP and the use of the bicycles.

By registering, Renters/Users automatically declare that they are over 16 years of age or have the power of attorney from one or both parents or legal guardians.

§3 Use of the rented bike

• The renter/user has access to all bicycles available in the system and can rent up to 4 bicycles with one smartphone/APP.
• Before unlocking a bicycle, the renter/user must carry out a visual check of the condition of the bicycle.
• The renter/user can unlock a bicycle by scanning the QR Code located on the bicycle or by selecting the corresponding bicycle number (visible on the front or back of the bicycle) in the APP.
• If the bicycle is rented (button “Rent a bike”), the fee is charged according to the modality rented by the renter/user.
• If the renter/user notices a problem with the bicycle after unlocking, the bicycle must be returned to a MietOn station and the problem must be reported in the MietOn-App or via email to info@mieton.de. In this case the fee will be refunded.
• If the Renter/User no longer uses the Bicycle, it must be parked in one of the MietOn parking zones (MietOn Stations) indicated on the map in the MietOn App or on the website www.mieton.de. To do this, the renter/user activates the APP and uses the “End rent” function.
• The Renter/User must park the Bicycle in an orderly and considerate manner so that it does not obstruct the traffic of pedestrians or vehicles.
• The Renter/User must return the Bicycle in the condition in which it was rented, with the normal wear and tear that occurs during use.
• If a bicycle is not returned at a marked MietOn station (or not in the close surrounding of a station), the rental cannot be ended and the rental fees will continue to be charged.

§ 4 Terms of use, liability & obligations of the user

4.1

• The renter/user undertakes to follow the rules of the Road Traffic Regulations (StVO).
• Always store the bicycle safely while it is in your possession or under your control. Always lock the bicycle when you take a break in your ride.
• Use the MietOn-APP, the Website and in particular the Bicycle in an appropriate manner in accordance with these Terms of Use and use them exclusively for personal transport.
• Report any accidents occurring in connection with the Service during the period of use, if possible immediately.
• If possible, inform the relevant authorities immediately of any criminal offences related to the use of the bicycle.
• In the case of a bicycle defect during use, you must park the bicycle at the nearest MietOn station (if possible) and report the defect within the MietOn-APP or by calling 0351 82874090.
• Keep your personal details and payment details up to date at all times so that MietOn can make the debit corresponding to the service provided.

4.2 Prohibitions of use

Subsequent actions are urgently to be avoided:

• Do not lend, rent or transfer the bicycle to third parties. The use of the bicycle is only permitted for the renter/user personally and is not transferable.
• Riding a bicycle under the influence of alcohol or drugs is prohibited.
• Never transport two or more persons on the bicycle at the same time.
• Do not carry out any type of repair or modification to the bicycle as a whole or to some of its components.
• Do not use the bicycle in rooms or on property that is not suitable for traffic.
• Never use bicycles in any reckless or dangerous manner or for any kind of manoeuvres or stunts.
• Never use MietOn graphics without prior written permission.
• Do not transport animals and/or objects that impair visibility and/or manoeuvrability.
• Do not provide false data when registering.
• It is not allowed to change, modify or disassemble the bike.
• Do not add accessories or otherwise supplement the bicycle.
• Never damage the bike in any other way.
• The maximum permissible total weight is 120 kg per rental object. This weight must not be exceeded.
• Do not use the bicycle in connection with illegal, immoral or disorderly conduct.
• Do not use or attempt to access accounts of other registered renters/users.

The basket on the rental bike must not be used improperly. In particular, care must be taken that the permissible load of 5 kg is not exceeded. When transporting objects, care must be taken to ensure that the transported goods are properly secured. A maximum load of 70 kg is prescribed for loading surfaces of transport bicycles.

It is strictly forbidden to make any alterations or interventions to the rented bicycle. Furthermore, the bicycle may not be secured with a lock other than the model(s) provided by MietOn.
Renters/users may not use the rented bicycle once they have received the return notification. Anyone wishing to use the corresponding rental bicycle again must rent the vehicle again.

§5 Condition of the rented bike

Before borrowing, the renter/user must familiarize himself/herself with the general functioning of the rental bike.
The renter/user is also obliged to check the rented bicycle for road safety, functionality and visible defects before starting the ride. If there is a technical defect at the beginning of use or if such a defect occurs during use that could obviously impair road safety, the Renter/User must immediately notify the Provider and immediately terminate the use of the rental bicycle. If there is a defect in the rented bicycle after rental and before the start of the trip, the rental shall be cancelled by the Provider.

Defects such as tyre damage, rim damage or gear shift defects must be reported immediately. If the bike is found unlocked, the renter/user is obliged to report this by telephone.
Before unlocking the bicycle, the renter/user is obliged to check the bicycle for visible damage or defects. This inspection refers in particular to the condition of the tyres, lights, brakes, handlebars and seat. If the Renter/User notices any damage or defect that impairs the functioning and safe use of the vehicle, the rental must be cancelled (“End Use”). Customers should make use of this service if any damage or defect is detected on the two-wheeler after the vehicle has been unlocked.
Renters/Users should never use the bicycle if its use does not appear safe due to existing defects or faults.

§6 Claims and accident reports

The renter/user declares that he/she has the skills, experience and expertise to use the rented bicycle. He/she leaves the use of a helmet or any other type of protection at his/her own responsibility and undertakes to comply with the regulations in force for riding bicycles.
In the event of an accident while using the bicycle, you must notify MietOn immediately by calling 0351 123456 or sending an e-mail to info@mieton.de or SMS to 0173 123456, if physically possible for the renter/user.
In the event of an accident, the Renter/User must remain at the location and secure the Bicycle until the arrival of a MietOn employee, unless his/her health condition requires urgent medical attention and a hospital transfer.
The renter/user may not enter into any agreement or negotiation regarding the whereabouts of the bicycle with other parties without the prior consent of the MietOn staff.
The maximum period for reporting an accident is 24 (twenty-four) hours from the time of the accident or defect.
In the case of theft of the bicycle, you must report it immediately to the relevant police department and are obliged to cooperate with MietOn and/or the insurer on a permanent basis.
In the event that the renter/user fails to comply with the procedure, MietOn declares the accident inadmissible. The insurance company is not liable and the renter/user accepts to be the sole responsible party. By doing so, the renter/user accepts the assessment of the damage caused by the incident. Corresponding costs will be charged to the renter/user.

§7 Return and parking regulations

Only possible at MietOn stations.
The usage can be terminated via the button “End Rent” at a MietOn station.

If a bicycle is not returned at a marked MietOn station (or not in the close surrounding of a station), the rental cannot be ended and the rental fees will continue to be charged.

Each time the rented bicycle is parked, the renter/user automatically undertakes to comply with the regulations of the German Road Traffic Act (StVO). In addition, the renter/user shall ensure that the rental bike does not restrict traffic safety or hinder other road users. Furthermore, it must be excluded that other vehicles or objects are damaged by the bicycle.

The rented bike must not be parked or left in the following places:

at traffic lights,
on street signs,
at parking meters or parking ticket machines
on footpaths with a passage width of less than 1.50 m
in front of, on, or on escape routes,
in front of, at or on fire brigade approach areas,
in areas where parking conceals stationary advertising from third parties,
on public transport bus or train platforms,
on fences of private or public facilities or houses,
on guidance systems for the blind,
at or in front of mailboxes,
on public bicycle racks,
in vehicles,
in backyards or buildings,
in or in front of driveways,
in front of doors and gates (as well as in their swivel area).

Even if customers only park the rented bike temporarily, the bike must still be locked securely.

Renters/users are liable if they culpably and intentionally violate these paragraphs. In this case MietOn GmbH expressly reserves the right to claim damages.

§8 General notes

• MietOn does not guarantee that a bicycle is available. All bicycle rental is based on availability.
• If a mobile device/smartphone is used, the renter/user must take into account the usual tariffs and charges of his telephone provider.
• The Renter/User can contact the MietOn customer support team by sending an email to info@mieton.de or by phone 0351 82874090.
• MietOn reserves the right to refuse or allow membership/registration with MietOn at its sole discretion.
• The operation of the Site and APP may be affected by numerous factors external or internal to the Site. No liability is accepted by MietOn.
• MietOn may change the tariffs for the service at any time. It is therefore the responsibility of the renter/user to know the current tariff before using a service.
• MietOn will at all times try to provide the bike sharing service. MietOn is not liable in the event that the bicycle rental service is no longer functioning due to fortuitous events or force majeure. In all other cases MietOn is obliged to refund the renter/user the amounts paid.
  The Renter/User may communicate comments, suggestions and complaints preferably to the following e-mail address info@mieton.de or via the APP

§ 9 Privacy policy

MietOn GmbH is entitled to collect, process, use and store personal data. This is the case if this processing is necessary for the provision of the services offered by MietOn. In addition, the provider may use the data to properly execute the contractual relationship with the customer or to fulfil other legally stipulated purposes. MietOn GmbH undertakes to use the information only in compliance with the basic data protection regulation and the provisions of the Federal Data Protection Act.

The MietOn GmbH reserves the right to inform the authorities about the customer to the appropriate extent in the event of an administrative offence or criminal proceedings.
A passing on of customer-specific information is also necessary in order to execute the payment. Such data will be forwarded to our payment service providers for verification and invoicing of the service fees. After registration, employees of MietOn GmbH can no longer view the data.

Additional information about personal data processing is listed in our data protection regulations at https://mieton.de/en/imprint-privacy-policy/.

§ 10 Cancellation / deletion of customer data

Both parties to the contract reserve the right to terminate the so-called framework agreement relationship or customer account with due notice of two weeks. The right for an extraordinary termination remains unaffected by this regulation. Customers may terminate their customer account by means of a written notice. A notice of termination by e-mail is sent to the e-mail address info@mieton.de or in writing to
MietOn GmbH
Königsbrücker Str. 6
01099 Dresden

§11 Changes

MietOn may revise or change these terms of use at any time and without notice. The user agrees to comply with the Terms of Use which are valid at all times. Any revision or amendment to the Terms of Use will be recorded on the Website with the understanding that continued use of the Website following the posting of an amended version of the Terms of Use constitutes acceptance of the changes made. It is the responsibility of the renter/user to check the Terms of Use each time they access the MietOn-APP or www.mieton.de website.

§ 12 Other regulations

German law is valid for this contract. The place of jurisdiction is Dresden and applies to all legal disputes relating to the use of the services of MietOn GmbH or any discrepancies in connection therewith. Exceptions are as follows:
1. renter/user has no general place of jurisdiction in Germany
2. the renter/user has moved his own residence or usual place of abode abroad after conclusion of the contract
3. the domicile or habitual residence is unknown at the time the action is brought
4. renter/user is a public special fund
5. renter/user is a registered trader or legal entity under public law
No verbal collateral agreements were made.
MietOn will not take part in any dispute settlement proceedings with a consumer arbitration board that acts in accordance with the Consumer Dispute Settlement Act (VSBG). MietOn is not obliged to do so.