Terms and Conditions Rental

General Terms and Conditions (GTC) for Batticuore.ch

As of: July 3, 2024

1. Scope

These General Terms and Conditions (GTC) apply to all bicycle rental contracts between the online platform (hereinafter "Rental Company") and the Renter, as well as to the purchase of products through the online shop.

2. Rental

2.1 Definition

2.1.1. “Rental Company” means the online platform that offers the bicycles for rental.
2.1.2. “Renter” means the person renting the bicycle.
2.1.3. “Bicycle” means the rental item made available to the Renter by the Lessor.
2.1.4. "Subject of the Contract" means the rental of the bicycle for the agreed rental period.
2.1.5. “Customers” are persons who purchase a product online in the online shop.

2.2. Subject of the contract: rent

The lessor rents bicycles to the renter for the agreed rental period. The rental period is a minimum of 3 days and a maximum of 30 days.

2.3. Rental price and deposit

2.3.1. The rental price is calculated per day and ranges from CHF 50 to CHF 105 per day (depending on the bike and rental period). You can find all prices here.
2.3.2. The renter is required to pay a deposit of CHF 250. This deposit will be refunded upon return of the bicycle in perfect condition.
2.3.3. By taking out the optional insurance for CHF 10 per day, the renter can reduce his liability to a deductible of CHF 1000 to CHF 200 per claim.

2.4 Booking and payment

2.4.1. Bookings are made online via the landlord's platform.
2.4.2. Payment of the rental price and the security deposit is due in advance upon booking. Payment can be made by credit card or other payment methods specified on the platform.

2.5. Handover and return

2.5.1. The bicycle will be handed over at the agreed time and place.
2.5.2. The renter is obligated to return the bicycle in perfect condition at the agreed return time and location. Otherwise, the lessor reserves the right to charge additional fees.

2.6. Use of the bicycle

2.6.1. The renter is obligated to use the bicycle carefully and in accordance with applicable traffic regulations.
2.6.2. The renter may not sublet the bicycle to third parties or otherwise transfer it to third parties.

2.7. Liability and insurance

2.7.1. The lessor is not liable for damage caused by improper use of the bicycle.
2.7.2. The renter is liable for all damage to the bicycle during the rental period.
2.7.3. By taking out the optional insurance, the renter can reduce his liability to a deductible of CHF 200 per claim.
2.7.4 The landlord is not liable for indirect damages, lost profits or other consequential damages
2.7.5 The lessor shall not be liable for personal injury or property damage caused to the lessee or third parties through the use of the bicycle, unless such damage is due to gross negligence or intent on the part of the lessor.
2.7.6. The renter is obligated to maintain adequate personal liability insurance, which also covers damages to third parties in connection with the use of the rental bicycle.
2.7.7. Use is at your own risk. The lessor is not liable for accidents, injuries, or other damages during the rental period.

2.8 Cancellation

2.8.1 Cancellations are possible free of charge up to 14 days before the start of the rental period.
2.8.2 For cancellations between 7 and 14 days before check-in, 50% of the amount will be refunded.
2.8.2. In case of later cancellation or failure to collect the bicycle, the full rental price will be charged.

2.9 Data protection

The landlord collects, stores and processes the tenant's personal data only within the framework of the legal provisions and for the purpose of contract execution.

2.10. Obligations of the landlord

The lessor undertakes to check the bicycle for technical defects before each rental and to hand it over in a roadworthy condition.

2.11 Final provisions

2.11.1. Amendments and additions to the contract must be made in writing.
2.11.2 Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
2.11.3. Swiss law applies. The place of jurisdiction is Zurich.

3. Right of return when purchasing in the online shop

3.1 Customers have the right to return goods within 14 days of delivery. This right of return is exercised by returning the goods; no reason is required. Returns must be sent to Batticuore KLG, Gutstrasse 12, 8055 Zurich.
3.2 Exercising the right of return will result in the purchase contract being converted into a rescission agreement, whereby the services received under the purchase contract must be refunded. The consumer shall bear the costs of the return shipment.
3.3 Upon receipt of the goods, any purchase price already paid will be refunded to the customer immediately.
3.4 The right to deduct the refunded purchase price or to invoice for possible damage, excessive wear and tear of the goods, or, if agreed, shipping costs for the goods remains reserved. No deduction will be made if the loss in value is due to handling of the goods necessary to determine their nature, quality, and functionality. Batticuore.ch may refuse reimbursement until it has received the goods back or until the customer has provided proof of having returned the goods, whichever is earlier.
3.5 The right of return is not excluded for any of the existing products.

4. Prices and shipping costs

4.1 The prices stated on the product page are exclusive of VAT (Batticuore is not subject to VAT) and are in Swiss francs (CHF).
4.2 In addition to the stated prices, shipping costs may apply depending on the delivery address, quantity of goods, and item. The exact shipping costs will be displayed to the customer during the ordering process. No additional costs apply for deliveries within Switzerland.

5. Delivery conditions

5.1 Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein.
5.2 The standard delivery time is 3-4 days, unless otherwise stated in the offer.
5.3 If not all ordered products are in stock, batticuore.ch reserves the right to make partial deliveries. Partial deliveries will not incur any additional costs for the customer.
5.4 Should delivery of the goods fail due to the customer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded.

6. Terms of payment

6.1 Payment is made by credit card or other payment methods.
6.2 If you select the payment method "advance payment", the seller will provide its bank details in the order confirmation. The invoice amount must be transferred to the Batticuore.ch account within 5 days. After that, the reserved products will be released.
6.3 When paying by credit card, the customer’s account will be debited when the order is placed unless otherwise agreed.
6.4 Set-off against counterclaims of the customer that are not recognized or not legally established is excluded.
6.5 The customer may only exercise a right of retention if the claims are based on the same contractual relationship.

7. Retention of title

The goods remain the property of Batticuore.ch until full payment is received. Prior to transfer of ownership, pledging, transfer by way of security, processing, or modification is not permitted without the consent of Batticuore.ch .

8. Warranty

8.1 Batticuore.ch provides warranty by remedying defects. This shall be done, at its discretion, through subsequent performance, namely the removal of a defect (repair) or the delivery of a defect-free item (replacement).
8.2 If subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply to minor defects. The customer's right to a reduction in price is excluded.

9. Liability

Batticuore.ch excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary persons and substitutes.

10. Data protection

Batticuore.ch is committed to complying with data protection regulations when processing customer data. Further information on the handling of customer data can be found in the separate Batticuore.ch privacy policy. This can be viewed at any time on the Batticuore.ch website and via the following link [Link Privacy Policy].

11. Final provisions

Should any provision of these general terms and conditions be invalid, the remainder of the contract shall remain in effect. The relevant statutory provisions shall apply in place of the invalid provision. These general terms and conditions shall enter into force upon their publication on the landlord's website.