1. Scope
These General Terms and Conditions, in their current version at the time of the respective contract conclusion, apply to all mutual claims arising from and in connection with a contract conclusion (e.g., booking of a service) between the customer and Mike’s Bike Tours (MBT).
The aforementioned contract conclusion between MBT and the customer in Germany can take place either through the branch in Munich or “online” via the company’s internet platform.
2. Contracting Parties
MBT enters into contracts with end customers who are:
- Unrestrictedly capable natural persons who have reached the age of 18 (hereinafter “private customers”),
- Legal entities that do not pursue commercial interests with the booking of the service (hereinafter “private customers”),
- Minors who have reached the age of 14 and whose legal guardians have consented to the conclusion of the contract or whose consent can be assumed under the circumstances (hereinafter “private customers”).
If the offer of another customer has been mistakenly accepted by MBT, MBT is entitled to declare the withdrawal from the contract towards the customer within a reasonable period.
3. Contract Contents
MBT delivers the service ordered by the customer in Germany within the framework of the respective offer acceptance. Otherwise, § 434 (1) Sentence 3 of the German Civil Code (BGB) applies. However, MBT reserves the right to expand the contract area to other countries within the European Union. In this case, the following provisions apply accordingly to these countries.
4. Conclusion of Contract, Revocation, and Revocation Policy
The customer submits a binding offer for the selected service during online transactions when they have completed the online ordering process by providing the required information and clicking the “Submit Order” button in the final ordering step.
The acceptance in online transactions by MBT takes place upon receipt of the confirmation (reservation) by the customer. If the customer orders or reserves via the internet, MBT will immediately confirm receipt of the order electronically.
Revocation Policy:
Due to the customer’s statutory right of revocation, a contract relationship that is provisionally effective is initially established through the order and its acceptance by MBT. The customer can revoke their declaration of contract within
2 weeks without stating reasons in written form (e.g., letter, fax, email).
The revocation period begins with the receipt of the confirmation by the customer. To comply with the revocation period, it is sufficient to timely dispatch the revocation. The revocation is to be addressed to:
Mike’s Bike Tours Munich
Hochbrückenstr. 10
80331 Munich
In the event of an effective revocation, any services received on both sides are to be returned. (End of revocation policy)
5. Availability of the Service
If, after receipt of the order, MBT finds that the ordered service should not be available, MBT may withdraw from the contract by unilateral written declaration.
No “replacement delivery” to the customer will be made. In this case, the customer will receive a refund of any payment already made.
6. Payment Terms
When ordering “online,” the customer has the option to pay by immediate bank transfer, direct debit, or credit card.
7. General Warranty
MBT guarantees that the provided products (e.g., bicycles) and services (e.g., tours) are free from defects in material and title according to § 434, 435 BGB at the time of the transfer of risk.
The prerequisite for asserting any warranty claims is always that the defect was not caused by improper use or excessive strain by the customer. If a defect appears, the customer must provide evidence that the item was defective at the time of the transfer of risk. Otherwise, MBT is free to provide evidence that the item had no material defects upon delivery.
8. Liability
MBT shall only be liable in cases of willful breach of duty, delay, impossibility, unlawful acts, and other legal grounds (excluding pre-contractual breaches) in cases of intent and gross negligence.
The scope of liability of MBT under the Product Liability Act remains unaffected.
9. Miscellaneous
German law applies to the legal relationships between MBT and customers, as well as to the respective terms and conditions.
For all contracts, the German language is the authoritative contractual language. Translations are for informational purposes only. The application of the United Nations Convention on Contracts for the International Sale of Goods dated April 11, 1988, is excluded.
The customer has no right to obtain specific goods or services. There is also no right to set-off or retention unless the claim is undisputed or legally established.
If individual provisions of this contract are wholly or partially invalid or lose their legal validity later on, the validity of the contract as a whole shall not be affected.
10. Jurisdiction, Severability Clause
Exclusive place of jurisdiction is Munich or any other statutory place of jurisdiction at the option of MBT, provided the customer is a merchant within the meaning of the German Commercial Code or a public entity.
Otherwise, the respective legally required place of jurisdiction applies to the consumer in their home country.
The legal invalidity of individual parts and provisions of these terms and conditions does not affect their validity otherwise.
(Part B)
Bicycle Rental
11. Principles of Use
MBT rents bicycles of all kinds to registered customers, subject to availability, for “personal use.” The term also includes children’s bicycles, cargo bikes, road bikes etc. The transfer or provision of the rental bike to third parties is generally not permitted and requires prior approval from MBT in exceptional cases.
12. Customer Data, Registration Information
The customer is responsible for ensuring that the electronic registration information assigned by MBT is protected from unauthorized access by third parties. The customer is obliged to inform MBT immediately if there are indications of abusive use of their registration information.
13. Price List, Invoicing
The calculation of services is based on the prices valid at the beginning of each individual use. The current valid tariff can be found in the price list on the Mike’s Bike Tours Munich website (www.mikesbiketours.com)
The sending of an invoice (upon customer’s request) is done via email only.
Any objections to charges must be made in written form within one month after the invoice is issued. The customer can only offset undisputed or legally established claims against MBT claims.
14. Condition of the Rental Bike
Before starting the ride, the customer must familiarize themselves with the general functionality of the rental bike and inspect it for any obvious defects that may impair road safety. The customer must report any defects immediately and refrain from further use.
15. Terms of Use, Unauthorized Use
The customer is obliged to always comply with traffic regulations. The bike may only be parked in public spaces and not in contradiction to public-law regulations. The following cases are considered unauthorized, contractually non-compliant use:
- Riding under the influence of drugs or alcohol (0 % limit)
- Improper use of the bike’s transport facilities
- Modifications or alterations to the bike
- Use by persons who have not reached the age of 14 unless accompanied by an adult over 18
- Transport of flammable or dangerous substances
- Participation in bike tests or races
- Subletting or transfer of use to third parties
- Carrying additional passengers, especially small children unless a child seat is attached to said bike16.Liability of MBT
MBT shall only be liable to the customer for intent and gross negligence, as well as for negligence resulting in harm to life, body, or health. For other negligent breaches of material contractual obligations (cardinal duties), MBT’s liability is limited to contractual, i.e., foreseeable damages, regardless of the legal basis. Otherwise, liability is excluded. MBT is always exempt from liability in the event of unauthorized and/or unlawful use of the bicycle by the customer.
17.Customer Liability
The customer is liable for damages caused by them, resulting from loss or damage to the bike. If the customer did not intentionally or grossly negligently cause the damage, the liability is limited to a maximum amount of:
- €650 for city bikes
- €950 for road bikes
- for repair or replacement.
18.Theft, Administrative Offenses
The customer must immediately report the theft of a bike during the rental period to MBT and to a local police station. Subsequently, the police case number is to be provided to MBT.
In cases where fines for administrative offenses are imposed by authorities, MBT reserves the right to pass them on in full to the offender.
19.Accidents, Third-Party Damages
In the event of accidents involving third-party property or persons, the customer is obliged to immediately notify both the police and MBT.
20.Contract Duration and Termination
The term of the rental agreement depends on the selected tariff. The right of MBT to terminate for cause remains unaffected. Termination can be done in writing or in written form (e.g., email).
In the event of termination, the rented item must be returned to MBT (at the location of rental or delivery) immediately by the customer. The customer’s right of retention is always excluded.
(Part C)
Events / Tours
21.Principles of Booking
The following conditions apply to all contracts that MBT concludes with a customer regarding the city tours and sightseeing tours offered in the store or “online shop” and other various tourist activities, which are conducted by MBT or third parties.
The subject of the contractual conditions is the ticket sale and the implementation of the respective described event. If the implementation of the event is affected, the statutory regulations also apply additionally.
22.Conclusion of Contract
By submitting their written, telephone, or electronic registration, the customer makes a binding offer to MBT to conclude a contract. The contract is concluded when MBT confirms the booking to the customer/recipient of the service in writing based on the conditions.
MBT can accept the customer’s offer by sending a written order confirmation or an order confirmation in written form (email) to the customer or by providing the ordered ticket to the customer or by requesting payment from the customer after they have placed their order.
23.Service Agreement
The contractual service of MBT results from the service description as well as the additional services listed in the booking confirmation. Additional agreements that change the scope of the contractual services are only valid if they are agreed upon in written form.
The contract between the customer and the service provider is not presented in a separate contract text. The content of the contract arises from the ordered product, i.e., the description of the activity selected by the customer, and the provisions of MBT.
24.Cancellation / Right of Cancellation
The customer’s cancellation or cancellation of the booked tour or event is possible at MBT – regardless of the statutory right of revocation – up to 24 hours before the start of the booked service.
Up to 24 hours before the start of the booked service, a 100% refund of the amount paid by the customer or the free rebooking of a tour will be made.
In the case of “cancellations” of registration within the period of 24 hours or in the case of unannounced “no-show,” the customer is always obliged to pay 100% of the agreed price. Within the period of 24 hours before the start of the service, no adjustments or changes are possible.
The cancellation must be made in written form (e.g., email, text message).
25.Exclusion
The customer’s right to assign their claims from the contract to third parties is excluded. Likewise, the customer is not entitled to authorize a third party to assert their claims in their own name. The organizer reserves the right to exclude heavily intoxicated persons from a tour. In such cases, there is no entitlement to a refund of the paid amount or the assertion of claims for damages.
- 26.Liability / Liability Disclaimer
The organizer is liable, within the scope of the diligence of a prudent businessman, for the careful preparation and implementation of the tour. The liability of the organizer is always limited to the agreed services.
The organizer is only liable to the customer for damages caused by the organizer’s fault and only within the scope of the statutory provisions.
If essential contractual obligations are affected, the liability of the organizer is limited to foreseeable damages in the case of slight negligence. Essential contractual obligations are obligations that arise from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations that the contract imposes on the organizer for the purpose of achieving the purpose of the contract and whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.
In the event of a breach of non-essential contractual obligations, the organizer’s liability is excluded for slight negligent breaches.
The organizer is not liable for services of third parties, even if the organizer acted as an intermediary here. If minors participate in a tour, the legal guardians are liable. The organizer assumes no supervisory obligations.
The organizer is liable in accordance with the statutory provisions for damages to life, body, and health resulting from negligent or intentional breaches of duty by the organizer, its employees, workers, staff, representatives, or agents.
The organizer is not liable for items lost by the participant. The organizer is also not liable for items damaged by other participants or third parties.
Insofar as the organizer’s liability is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives, or agents. In collaborations with other business partners, the organizer is not liable for their offers.
A claim for damages for the slight negligent breach of essential contractual obligations is limited to the contract-typical, foreseeable damage unless liability is incurred for the violation of life, body, or health. This also applies to the liability of the organizer’s agents.
27.Other Provisions
The above GTC (Parts A to C) always apply in their entirety in the version viewable on the internet and in the business premises and in the respective updated form.
Current status: February 1. 2024
Mike’s Bike Tours
Munich