fbpx
Search

GENERAL TERMS AND PROVISIONS OF RENTAL OF E-VEHICLES /DEVICES AND RELATED ADDITIONAL EQUIPMENT

 

The terms and conditions for rental of e-vehicles/devices (city e-bike, mountain e-bike, small e-vehicles and other) and of related additional equipment hereinafter also referred to as: vehicle /device rented) in the company TIMREPLA, svetovanje in storitve, d.o.o., Veliki trg 17, 6310 Izola, reg.no.: 7255420000, tax no.: SI 38567890 (hereinafter referred to as Provider or Owner) are regulated by the General Terms and Provisions for Rental of e-vehicles/devices and related additional equipment (hereinafter also referred to as: General Terms), the Rental Agreement for e-vehicle/device /additional equipment, printed on a dedicated form, and official Rates for Rental.  The General Terms bind on the Parties thereto as well as the provisions in the Agreement in accordance with Article 120 of the Slovenian Code of Obligations/OZ (Official Gazette of the Republic of Slovenia, nos. 97/07, 64/16 and 20/18).

 

  1. User of the Service

 

  • Each customer as a user /rider of an e-vehicle/device or related additional equipment must present to the Provider a valid personal identification document in order to copy the necessary data. The Provider may copy the personal document if the User consents to it. To be allowed to use the rented e-vehicle/device /equipment, a User has to comply with the terms required from him by the person responsible of the Provider. The User undertakes to provide true and correct personal data at the time of entering into Rental Agreement.
  • Eligible persons for renting an e-vehicle/device and additional equipment are full-age adults; minors only if accompanied by an adult who shall assume liability for any damage or loss inflicted by a minor against third party, on the vehicles/devices/ equipment rented or incurred to the minor personally, except where the damage is attributable to the Manufacturer’s liability for its products (vehicles/devices/equipment).
  • The person responsible for the rental of e-vehicles/devices/ equipment may refuse to rent the vehicle/device to a person that is not fit or capable to use them in accordance with the Slovenian Road Traffic Safety Act (hereinafter: ZVCP-1) or for any other reasonable cause.
  • The User shall inform the Provider immediately on any change to his/her personal data occurred after having entered into, and during the term of rental relationship.

 

  1. Modality of use of rental services

 

  • Users may arrange for rental of an e-vehicle/device online at beel.si or in person in the Provider’s shop located at: Pristaniška ulica 3, 6000 Koper , and receive the e-vehicle/device at the agreed location/hub. When receiving the rented vehicle/device, the User shall present a valid identification document, arrange with the Representative of the Provider for all terms and provisions for the Rental, enter into a Rental Agreement on the specific form, and agree to these General Terms. Where a group of users wishes to rent several e-vehicles/devices, only one individual is required to sign the rental document for that group, and submit the identification data for all users in the group to the Provider.
  • Upon delivery of an e-vehicle/device and related additional equipment to User, both parties – the User and the Provider – shall check the e-vehicle for rental.
  • Before using the vehicle rented, the User shall check whether the vehicle/ device was suitable and safe for use in traffic (e.g. tyres, brakes, lights, etc.). Should the User find any technical defect or deficiency at the beginning or in the course of the Rental, the Provider shall be immediately alerted, and depending on the type of defect, the User shall interrupt the Rental and refrain from using the defective bike. The User must report any defects, like damaged tyres and fellies or non-functioning transmission gears, to the person responsible of the Provider. If the User finds that a lock is missing on the rented bike, (s)he shall inform the Provider.
  • While operating an e-vehicle/bike, the User shall use the helmet. When parking an e-bike, the use of the lock is obligatory.
  • The vehicle/bike rented must be parked at a visible place. The current road traffic regulations shall be observed for parking. In addition, the User shall make sure that the vehicle/device rented does not endanger road safety or hinder other vehicles and/or traffic, or injure third party or damage their property. When parking, always apply the lock that was delivered together with the vehicle/device rented. When the vehicle is not in use, it shall always be kept duly locked.
  • After receiving an e-vehicle/ device of biker’s equipment in a good and technically faultless condition, the User shall return the vehicle in the same condition as received (allowing for reasonable wear and tear such as dirt/contamination from the road) to the agreed place/hub.
  • The User undertakes to return the e-vehicle/ device and related equipment in due time, not exceeding the agreed deadline specified in the Rental Agreement Form.
  • Upon the return of the vehicle/device rented, the User and the Provider shall draw up a Protocol Form that is an integral part of the Rental Agreement and report any damage to the vehicle/device at the time of return. Should the User refuse to sign the delivery protocol, or disagree with the findings of the Provider, the latter is entitled to act in accordance with the provisions of the General Terms dealing with payment of damages and security deposit.
  • Upon receipt of the vehicle /device rented, the User shall pay security deposit of EUR 50.00. Security deposit shall be paid in cash or by card. In the latter case, the required credit balance shall be available. Security deposit shall be refunded without deduction when the vehicle/device rented is returned undamaged and within the rental term.
  • When receiving the vehicle/ device rented, the User shall pay the full amount in advance.

 

  1. Terms and price of use

 

  • The price for rental of e-vehicle/device and related additional equipment is specified in the Rates published /posted in the Provider’s premises at Pristaniška ulica 3, Koper, and included in the Rental Agreement Form.
  • The e-vehicle/device/ equipment rented is used at the User’s own risk. The vehicle/device shall be used as a usual means of conveyance in every-day road traffic. The User shall comply with the road traffic safety regulations. The User shall handle the vehicle/device with due care and caution.
  • The vehicle/device/equipment rented is NOT ALLOWED TO BE USED
  • for carrying dangerous substances, illegal goods, persons or property;
  • by persons under the influence of alcohol, illicit drugs and other psychoactive substances (zero tolerance!) in traffic;
  • in unfavourable weather conditions (such as in strong wind, rain, storm) that affect not only the function of an e-vehicle/ device but also cause damage to the vehicle/device /related equipment;
  • incorrect use and/or overloading the basket attached to the device for carrying a load;
  • Prohibited are any unauthorised changes or modifications to the vehicle/device rented;
  • Where any unauthorised or incorrect use of the vehicle/device rented is ascertained, the Provider is entitled to retain the security deposit to compensate for any damage or loss incurred thereto due to incorrect or negligent use;
  • The User is expressly prohibited to let the bike over to be used by a third party, for free or against payment.
    • The User must observe the instructions for use and the applicable road traffic regulations. The Provider from whom the User has rented an e-vehicle/ device/ equipment shall not be liable for the consequences of incorrect use thereof and for any non-observance of road traffic regulations by the User (e.g. damage or loss incurred, fines, etc.).
    • The use of an e-vehicle/device or of additional equipment envisions an appropriate physical fitness of the User. Having concluded the Rental Agreement and other documents, the User assumes full responsibility for his physical and mental fitness/capacity to use the vehicle/device rented, and assumes full liability for damage or loss resulting from any deficit in his fitness/capacity.
    • In the event of default or delayed return of the e-vehicle/ device/ equipment rented, the penalty shall be charged for each hour of delay in accordance with the Rates.
    • The User shall not leave the e-vehicle/device unlocked or unsecured/ unattended in the term of rental, until returning the vehicle/device to the Provider. In such a case, the User shall be held liable for any disposal thereof and shall refund the market value of the vehicle/device lost, or the recoverable amount of the additional equipment lost.

 

  1. Users liability for damage caused

 

  • During the rental period, the User assumes liability for all risks associated with the use of the vehicle/device/equipment rented. The User is liable for any damage caused to the vehicle/device/ equipment rented, or inflicted on the Provider or to third party. The User shall assume exclusive liability for any damage claims resulting from his acts, incidents or omissions during the rental term or as a consequence thereof. The User shall supervise the vehicle/device rented and use the due care to avoid any damage, destruction or loss.
  • In the event of any damage to the e-vehicle/device/ equipment resulting from incorrect use thereof, the User shall pay to the Provider damages to compensate the loss incurred. The damage shall be appraised by the person responsible of the Provider at the time of return, in accordance with the Rates for new e-vehicles and/or related additional equipment, observing their normal wear & tear incurred until the time of return thereof to Provider.
  • When the User fails to return the vehicle/device rented, or returns them irreparably damaged, he is liable to pay damages to the Provider at the recoverable amount for a new e-vehicle/ device and equipment, in accordance with the Rates for new e-bikes and equipment. In such a case, the Provider is justified to retain the security deposit to compensate any damage from that amount and then claim the balance directly from the User.
  • If the vehicle/device rented is not returned in 24 hours after the agreed time, it is deemed that the User has unlawfully appropriated it. Provider is then entitled to report to police and other authorities.
  • In the event that a third party should steal the e-vehicle /device rented, or if it is damaged in a traffic accident processed by the police, the User shall submit a copy of his report to the police, as well as the police report to the Provider. In the event of an accident involving both the User and a third party, or an accident resulting in a material damage, the User shall immediately inform the Provider and report to the Police on such accident. The Provider may retain the security deposit and compensate for damages incurred to the vehicle/device rented, and then claim the balance directly from the User. Security deposit shall be refunded to the User only after the damage has been paid in full amount.

 

  1. Withdrawal from the Agreement

 

  • Should the User breach any provision of these General Terms or of the Rental Agreement (Form), the Provider is entitled to withdraw from the Agreement with immediate effect and to collect the vehicle/device rented. Having entered into this Rental Agreement, the User expressly agrees to waive any objection against the Provider’s decision referred to above.

 

  • The User may withdraw from the Agreement any time and return the vehicle/device to the Provider if he finds a factual defect that prevents safe use thereof and the Provider has no other e-vehicle/device/equipment available. In such a case, the Provider shall refund the rental and any surcharges paid proportionally to the time when the User was unable to use the vehicle/device rented. If the Provider has no substitution vehicle/device available, the obligation to refund the money to the User expires if less than two hours of rental period has remained. The rules indicated in this section apply only where the vehicle/ device rented was not damaged due to User’s incorrect or negligent act /omission.

 

  1. Privacy rules

 

  • The controller of personal data is the company TIMREPLA, svetovanje in storitve, d.o.o., Veliki trg 17, 6310 Izola, reg.no.: 7255420000, tax no.: SI 38567890.
  • The personal data of Users are collected, managed and processed only for the purpose stated in the Agreement, i.e. to perform the Rental Agreement for e-vehicle/device and equipment. For these needs, the Provider collects personal data as follows: First and last name, sex, date of birth, address incl. postal code and town, e-mail address, mobile phone and phone number, credit card number, and other personal data indicated in the personal identification document that the User delivers to the person responsible of the Provider.
  • All the a.m. data are necessary for identification of Users, payment and enforcement of any claims for compensation or indemnity for damages caused to the Provider. Personal data will be kept as long as necessary for the enforcement of any claims, however, maximum for five years after return of the vehicle/device rented. After five years, the data shall be erased.
  • Any time, the User is entitled to demand that the data controller makes a correction or supplements any incorrect or deficient personal data of User. The User may any time demand to inspect his/her personal data kept by the provider. In the event of correction, addition or erasure of personal data, the User shall be informed without undue delay.
  • The User may demand any time to restrict the processing of his/her personal data if the data are incorrect, unlawful, the purpose of data processing no longer exists or an objection was filed.
  • Any time, the User is entitled to receive a confirmation whether any his/her personal data are being processed and/or granted access thereto, and of the purpose of data processing, type of personal information in respect of the User, the users of his/her personal data, the envisioned retention period and source of personal data.
  • In the event of infringement on the personal data protection, the User is entitled to file a complaint versus the Provider addressed to the competent personal data protection supervisory authority (Information Commissioner) at Informacijski pooblaščenec, Zaloška 59, 1000 Ljubljana or : ip@ip-rs.si.
  • The company TIMREPLA, svetovanje in storitve, d.o.o., Veliki trg 17, 6310 Izola, reg.no.: 7255420000, tax no.: SI 38567890, undertakes to process the personal data solely in the scope of above stated purposes of data management/processing and in compliance with the Slovenian Personal Data Protection Act/ZVOP and other applicable legislation, as well as with the General Data Protection Regulation (EU) 2016/679 (GDPR).

 

  1. Use of a GPS device in the vehicle/device rented

 

  • The User is aware that a GPS-device is installed in each e-vehicle/device and records the location of the vehicle/device at all times. The purpose of the GPS device is to establish the location of the vehicle/device rented in case of disposal/theft, involvement in traffic accident or other incident that might give rise to liability for damages or cause damage to the vehicle/device. The GPS device enables the Provider to control its vehicles/devices and use the information acquired in case the vehicle/device is not returned in due time (the agreed day /time), or has been disposed of (stolen). The processing of data so acquired will be possible in case the User should return a damaged or non-functioning e-vehicle/device. In such a case, in order to establish the cause of damage and enforce any claim for damages, or establish the liability of the person responsible for the accident or other incident in traffic, the Provider may keep the data from the GPS device as long as necessary to process and resolve all the relevant legal issues and claims arising therefrom.
  • In other cases where the User returns the vehicle at the agreed time in a faultless condition, the Provider will keep the data from the GPS device for one hour after return of the vehicle to the Provider.
  • Any time, the User may demand to be informed of the data gathered by the Provider from the GPS device installed in the e-vehicle/device.

 

  1. Resolving disputes

 

9.1    The Parties shall endeavour to resolve amicably any dispute arising from the contractual relationship hereunder. Should that not be possible, the Parties shall apply mediation and other alternative dispute resolving approaches in the scope of the Mediation Centre of the Bar Association of Slovenia. Should no agreement be reached, the dispute shall be referred to the competent court holding the subject matter jurisdiction in Koper. Any dispute arising from the contractual relationship under these General Terms shall be governed by the Slovenian law (Republic of Slovenia).

 

  1. Validity of General Terms

 

  • These General Terms shall enter into effect and be used from 15 March 2019 on.