Toftebjerg Hovedgade 13
E-mail address: email@example.com
1.1 Parties to the Agreement. You and Ø-HJUL are the sole parties to this Agreement. You are the sole user of the Services, and thus you are solely responsible for complying with all terms and conditions described in this Agreement. You may not allow anyone else to operate the Electric Bike.
1.2 You are at least 18 years old.
You declare and confirm that you are at least 18 years old.
1.3 You are in good health
You hereby declare and confirm that you are physically fit and competent to operate the E-bike. You assume all responsibility and risk for any injury or health condition when you choose to operate the E-Bike.
You are solely responsible for determining your general ability, health condition, weather conditions, including without limitation rain, fog, snow, hail, ice, heat or electrical storms and/or any other factors that may cause any risk in operating the E-Bike. You understand that depending on weather, traffic or any other circumstance, uncertainty or other factor, you must adjust, adapt and calculate your speed, riding behaviour and braking distance.
You acknowledge that you must complete a basic safety check of the e-bike, including an inspection of the e-bike's wheels, brakes, lights, frame, battery level, checking for visual damage and any unusual or excessive wear of any kind. You agree not to operate the E-Bike if anything of a problematic nature can be determined and to immediately notify E-Bike in accordance with Article 7 below.
1.4 Ø-HUJL has exclusive ownership of the services
You agree that the services, e.g. the electric bike, the website, information, including all related intellectual property, provided and made available by Ø-HJUL shall at all times remain the exclusive property of Ø-HJUL and that you shall not use Ø-HJUL's exclusive property in any way for commercial or other purposes without Ø-HJUL's written consent.
1.5 Availability of services
Electric bikes for rent. per full day. You can pick them up from 09:00 and you have to return them before 09:00 the next morning.
1.6 The electric bicycle may only be operated on Samsø
In order to use the services and operate an e-bike, you must agree to operate and store the e-bike only within the Samsø area of use. If an Ø-HJUL is brought on the ferries and/or outside Samsø, Ø-HJUL will consider the electric bicycle to be stolen and will charge a compensation fee of DKK 20,000.00.
1.7 You agree to comply with local laws and regulations regarding the operation of the Electric Bike.
You agree to operate the e-bike in accordance with any applicable laws, regulations and rules pertaining to the operation of the e-bike in Denmark and on Samsø. You understand that you are solely responsible and liable for any violation of laws, regulations and rules while using the Services and operating the Electric Bike.
1.8 Restrictions, limitations and safety measures while operating an e-bike
You agree not to operate the E-Bike while carrying any item that may impair your ability to safely operate the E-Bike, including, but not limited to, backpacks, bags, briefcases or packages.
You are not allowed to carry another person, child or animal on the e-bike.
While riding the e-bike, do not use any mobile device, including, but not limited to, phones, text messaging devices, media players or other devices that may distract you or impede your ability to operate the e-bike safely.
You agree not to operate the e-bike while under the influence of alcohol, drugs, medication or any other substance that may impair your ability to operate the e-bike safely.
During the rental period, you are responsible for keeping the electric bike safe and locked when not in use.
Ø-HJUL recommends that you wear a CE-approved (or higher standard) helmet.
You agree that you will not use the Electric Bike for competitions, races or similar events, including both professional and non-professional stunt or trick riding.
You agree that you will not operate the e-bike on unpaved roads, in mountainous terrain, through water and/or lakes or in any place where it is prohibited, illegal and/or a nuisance to any third party.
1.9 Unauthorised use, tampering and hacking
You may not tamper with, attempt to gain unauthorized access to, modify, hack into, or repair any of Ø-HJUL's tangible property or hardware, source codes, information, including the Website and the Electric Bike for any purpose. The Website and the Electric Bike may only be used for purposes consistent with this Agreement.
1.10 Incident reporting
You must report any incident, accident, material damage, personal injury, stolen or lost e-bike to E-HJUL as soon as possible.
If the accident involves third-party personal injury, property damage or any other third-party injury, report the incident to the local police department as soon as possible. This also applies if the e-bike is stolen during the rental period.
1.11 Lost or stolen electric bicycles
You must immediately report to Ø-HJUL if the e-bike is lost or stolen.
Ø-HJUL and you agree that at all times the person renting the bicycle is obliged to pay the excess (DKK 6,000.00) in the event of loss of the bicycle without its keys or the full amount of the bicycle (DKK 20,000.00 including extra equipment) in the event of loss of both the bicycle and its keys.
1.12 Liability for damages
You agree to return the e-bike to Ø-HJUL in the same condition in which it was rented. You will not be held responsible for normal wear and tear.
You agree that you are responsible and liable for any or all misuse, consequence, claim, cause of action, loss, liability, property damage, personal injury, expense and cost, penalty or payment of any kind or nature related to a stolen or lost electric bicycle.
1.13 Electric vehicle
You acknowledge that the e-bike is an electric vehicle that needs to be handled safely and with care, as it is an electronic product. You acknowledge that the e-bike needs periodic recharging in order to function. You understand and agree to each of the following:
The remaining battery level in the e-bike decreases while the e-bike is being operated and the operating capacity and speed may decrease or stop completely as the battery level decreases.
The rate at which the battery level decreases may vary and be different from time to time due to various factors such as the condition of the e-bike and battery, weather conditions, road conditions and/or other varying factors.
It is your responsibility to check the battery level in the e-bike to ensure that it is sufficient before starting to operate the e-bike.
Any distance, speed and/or time that you may operate the e-bike with or for before the power level is zero is not guaranteed in any way by E-HYCLE. E-HYCLE does not guarantee that the e-bike will not run out of power during your rental period.
2. PAYMENT AND TARIFFS
Your e-bike rental is calculated on the basis of the rental period selected via the website. Ø-HJUL will charge your deposit, credit card or agreed other payment method with the amount shown in the booking system on the website. Unless otherwise stated, all monetary values described in this Agreement shall be deemed to be stated in Danish Kroner.
2.2 Charges and rental periods
A rental period is 24 hours. It is possible to book and pay for the rental of the electric bike in several consecutive or separate periods of 24 hours. You agree to return the e-bike within the agreed rental period. If the electric bike is not returned on time, Ø-HJUL considers the electric bike to be stolen and you will be charged a compensation fee of DKK 20,000.00 (indicative price per bike from new).
2.3 Payment methods
You must provide Ø-HJUL with information and details to validate payment cards for registration to use the services. You represent and warrant to Ø-HJUL that you are authorized to use any payment card information that you provide. You authorize Ø-HJUL to charge the specified card for all payments you are charged. All charges are subject to applicable taxes and other local governmental charges that Ø-HJUL may levy and collect.
3. DISCLAIMERS, LIMITATION OF LIABILITY AND ACCEPTANCE OF RISK
You hereby acknowledge and agree that your use of the Service and operation of the E-Bikes is at your sole risk. Ø-HJUL provides the Services without any warranties whatsoever in relation to the Services.
You hereby understand and acknowledge that the Services may present you with inaccuracies, such as, for example, but not limited to, that the E-Bikes may be in any condition and may not operate smoothly.
3.2 Limitation of liability
You hereby acknowledge and agree, to the fullest extent permitted by applicable law, that Ø-HJUL shall not be liable or responsible for any claim arising out of or in connection with your use of or inability to use the Services, your breach of this Agreement, or your violation of any law while using the Services (Electric Bike and Website).
3.3 Your acceptance of risk
You are solely or fully responsible for the safe operation of the e-bikes at all times. You agree that the E-Bikes are electrical machines that may malfunction even if the E-Bikes are properly maintained and that such malfunction may cause personal injury. You agree that riding an e-bike involves many apparent and hidden risks and hazards that may result in injury to you or your death as well as damage to property, and that such risks and hazards cannot always be predicted or avoided. You agree that such risks and hazards are your sole responsibility, including, but not limited to, choosing whether to wear a helmet as required by local law or to make use of protective equipment.
You agree that if your use of any of the Services causes damage to other persons or property, you may be liable for any resulting damage to persons and property and related costs. By electing to operate an electric bicycle, you assume full and complete responsibility for all related risks and hazards, and you agree that E-HJUL shall not be liable for any damages to persons or property or costs caused by you with respect to any person or property, including the electric bicycle itself.
You will indemnify and hold Ø-HJUL harmless from any loss, action, claim or other proceeding arising out of or related to your use of the Services and any breach of the terms of this Agreement.
Ø-HJUL's electric bike is covered by a statutory liability insurance under the Traffic Act §105. The insurance is in force 2021 and covers the e-bikes that Ø-HJUL has announced active on the street. Should you need to show the police proof that you have liability insurance, you can find the documentation in our FAQ.
4. PRIVATE LIFE
5. TIME PERIOD AND CANCELLATION
5.1 Time period
The term of this Agreement shall be effective between you and Ø-HJUL from the first booking and payment you make on the Website and shall continue for as long as you use the services provided by Ø-HJUL. The term ends 10 years after your last use of the Services.
5.2 Cancellation of contract
It is not possible to cancel a booking and/or payment for e-bike hire. It is not possible to get a refund. Ø-HJUL may unilaterally withdraw your right to use the services at any time and for any duration without your consent and without notice or justification.
Any and all disputes in relation to this Agreement shall be submitted in writing to the contact details set out in Article 7 below.
Ø-HJUL can be contacted by e-mail firstname.lastname@example.org and via the message function at www.facebook.com/oe-hjul
8. APPLICABLE LAW AND JURISDICTION
You agree that any dispute arising out of or in connection with the Agreement, the breach thereof or the content thereof, unless otherwise required by a mandatory law of any other jurisdiction, shall be governed by the laws of Denmark and shall be resolved exclusively by the courts of Denmark.
9. FINAL AGREEMENT AND MODIFICATIONS
You acknowledge that this Agreement contains the complete, final and exclusive agreement between the parties as to its subject matter. This Agreement supersedes all prior agreements, written or oral, relating to the subject matter hereof. At any time and from time to time, and without your consent, Ø-HJUL may unilaterally add to, modify or amend this Agreement in its sole discretion and without prior notice or cause.
By continuing to use any Service after any addition, modification or change, you agree to be bound by all such additions, modifications or changes. You must carefully review this Agreement periodically to maintain an understanding of any additions, modifications or changes. The pricing listed on the Ø-HJUL website supersedes any pricing listed in this Agreement.
10. INTERPRETATION AND VOLUNTARY IMPLEMENTATION OF THIS AGREEMENT
You acknowledge that the headings in this Agreement do not affect the interpretation of this Agreement. "Or" shall not be construed exclusively. "Including" means "including but not limited to."
You acknowledge that you have voluntarily read this Agreement, understand the terms and consequences of this Agreement, and are fully aware of the legal and binding effect of this Agreement.