The General Terms and Conditions

 

1.  General Safety Tips

 

    1. Share the space: Respect the people around you by allowing space when passing, and if on the road, follow the road rules.
    2. Drive defensively, assuming that others do not see you. Use approved hand signals for turning and stopping.
    3. Always keep the front and rear lights on while riding after sunset, in cases of severe weather conditions and in tunnels.
    4. Wear a helmet: It should fit nice and snug, and have two fingers of space from your eyebrows. If you do fall off and have a serious knock to the body or head, see a doctor.
    5. Start off slow: If you’ve never ridden a bicycle or scooter before, get a feel for it first and find your balance before you go racing off down the waterfront.
    6. Have fun: most of all, enjoy being out and about, and trying something new.

 

2. Definitions

 

The stated terms throughout the General Terms and Conditions will have the following meaning:

 

General Terms and Conditions:

These General bFlex terms and conditions which are applicable to all subscriptions offered by bFlex or its affiliates via the bFlex platform;

 

Rental Customer:

Any natural being or legal entity who
subscribes to the bFlex subscription;

 

Subscription:

The agreement between bFlex and the Rental Customer for the Rental Customer’s use of the bike or scooter, as well as any other agreement between the rental customer and bFlex;

 

Scooter:

E-Kick Scooter offered via a subscription by bFlex to the Rental Customer under these General Terms and Conditions.

 

Bicycle:

Bicycle offered via a subscription by bFlex to the Rental Customer under these General Terms and Conditions.

 

End Date:

The date of termination of the Subscription
by way of revocation by the Rental Client, as defined in Article 7.2;

 

Flexing:

By either repairing the rented object or changing it for another one, bFlex fixes a problem for the renter about their subscription.

 

Additional Services:

The services bFlex provides in addition to the subscription, as defined Article 16.

 

bFlex:

bFlex, having its registered office in Athens and its principal place of business at Veikou Str 94-96, 11741, with Tax number 801403704.

 

3. Applicability

    1. These General Terms and Conditions apply to the subscription between bFlex and the Rental Customer.
    2. Arrangements between bFlex and the Rental Client which differ from or are in addition to these General Terms and Conditions shall be applicable only if they have been directly verified in writing by the Manager of bFlex by e-mail.
    3. VAT is included in all amounts stated by bFlex.

 

4. Subscription

    1. For the length of the subscription, the rental customer will have a bicycle or scooter at their side.
    2. A chain lock with one key or key-code comes with the bicycle.
    3. The Rental Client is entitled to free Flexing Under the Subscription (please refer to Article 5 for more details). bFlex always has a spare key to the Bicycle. If the key gets lost or damaged, the Customer must request a new key from bFlex. The costs involved are EUR 15 per key.
    4. On account of the possibility of theft, the rental customer would not be permitted to have backups of the key or to have more than one key in their possession. A key that is retrieved that was previously recorded missing must be given to bFlex immediately.
    5. If the bicycle contains advertisement, the Rental Customer must directly contact bFlex if the advertisement has been damaged or if an advertisement completely disappears from the Bicycle.

 

 5. Conditions

    1. The rented client uses the bicycle normally and takes good care of the bicycle.
    2. The Bicycle is designed specifically for the Rental Customer's personal use.
    3.  The scooter can only be used by one person. Without exception can there be two persons using the scooter at the same time. If there are clear signs of over usage, bFlex reserves the right to charge the subscriber.
    4. The Rental Customer must have a SEPA bank account number
    5. The bicycle will remain the property of bFlex at all times. The rental client shall not be entitled, for the benefit of a third party, to establish or assign any security interest or other right in relation to the bicycle.
    6. The Rental Customer will be personally liable for compliance with the General Terms and Conditions.
    7. The rental client would be responsible for immediately transmitting updates to bFlex's known records, such as a new address.
    8. No changes or modifications to the bicycle that cannot be reversed without destroying the bicycle can be made by the rental customer.
    9. In order to be able to subscribe to bFlex, the renter must be at least 18 years old and able to enter into legally binding contracts. Under the supervision of an adult, minors can sign up.
    10. Service Area : bFlex provides the service only in Athens. The Rental Customer is allowed to take the bicycle or scooter outside of Athens, however in this case the services that bFlex provides as the delivery, maintenance and pickup are not included in the subscription. In case of the cancelation of the subscription or in case of damage or breakdown that may occur, the Rental Customer is obligated to bring the bicycle or scooter back to Athens.

 

 6. Flexing

    1. Within 24 hours after the customer has contacted bFlex by phone, via e-mail or WhatsApp, bFlex aims to flex the bicycle or scooter. When the appointment is taken over the weekend, bFlex tries to flex the subscription within 48 hours. Flexing takes place by appointment with the client.
    2. If this goal is not met, the Rental client cannot claim any compensation or a Flexing will only take place in case of a defect, loss or theft of the Bicycle, and only within the city limits in which bFlex is active.
    3. If the Rental Customer requests for a Flex, appointment or change of subscription without a just cause, bFlex is entitled to charge EUR 15 (“Unjustified Flex”). When an appointment is made with bFlex and the Rental Customer does not show, it is also considered an unjust Flex.
    4. When bFlex exchanges the subscription, the Rental Customer will transfer the Bicycle or Scooter including the corresponding lock and key.

 

 7. Terms of the Subscription and cancellation

  1. The Subscription will be taken out for period of at least one week up to one month. After this period has ended, the Subscription will each time be extended automatically for for equal to the initial Subscription period.
  2. The costs of the Subscription for the first rental period month will be calculated pro rata the number of days remaining in the relevant month on the basis of the monthly rate.
  3. After cancelling the Subscription, the Rental Customer will be entitled to use the Bicycle or Scooter until 7 days after the cancellation date and will be obliged to pay the costs of the Subscription until the End Date. No reimbursements will be made in case the End Date is prior to the ending of the rental month.
  4. The Rental Customer must hand in the Bicycle or the scooter and when applicable the key to bFlex on the End Date at the latest.
  5. If the Rental Customer turns in the Bicycle or Scooter prior to the End Date, this would void all the Rental Customer's privileges under the Subscription, without recourse to the duty of the Rental Customer to pay the entire amount of the Subscription before the End Date.
  6. The rental customer can reverse the cancellation at any time and reactivate the subscription by sending an e-mail to bFlex before the bicycle or scooter has been returned to bFlex.
  7. If the Bicycle or Scooter has not been given back to bFlex by the Rental Customer before or on the End Date, the Rental Customer will owe a penalty of EUR 5 each day until the Bicycle has been returned back to bFlex.
  8. If, within seven days after the end date, the bicycle or scooter has not been returned to bFlex and the subscription has not been reactivated, bFlex will report embezzlement of the Rental Customer at the police.In that case, the Rental Customer will also be obliged to compensate bFlex for the loss suffered, which will be established for each type of Subscription and can be found in Appendix 1, Table 1, without prejudice of the right of bFlex to request full compensation of the loss suffered by it, to the extent that it exceeds the sum of the established compensation, depending on the type of Subscription.
  9. The Rental Customer is aware that the subscriptions used, might be owned by a third party, e.g. a leasing company. In this scenario, the Renter will be obliged to return the rented item to the third party. Subject to reimbursement for the remainder of the rental period.

 

 8. Theft or loss

    1. In case of theft or loss of the subscription, the rental customer is obligated to report this to bFlex within 24 hours, to hand over to bFlex, if applicable, the key to the bicycle or scooter accompanied by a police report.Unless there is an emergency, a bFlex employee should be present when filing the police report. The Rental Customer will owe an excess, which is different for each type of Subscription. The applicable excess for each type of Subscription is included in Appendix 1, Table 2. After the aforementioned has been completed, the Rental Customer will receive a replacement Bicycle or Scooter from bFlex.
    2. If the rental customer fails to report a loss or theft of the bicycle or scooter, or if the rental customer is unable to hand over the bicycle key to bFlex, the rental customer will owe bFlex the compensation set out in Appendix 1, Table 1, unless prevented by force majeure.In order to prevent incidents such as loss, theft and damage, the Bicycle must always be locked with the provided lock. Where possible, the Bicycle must be secured to an object using the lock.
    3. If the bicycle is not locked or secured and an accident happens, like vandalism, loss or theft, a neglect surcharge will be owed by the rental client to bFlex. This sum is in addition to the excess and, depending on the type of subscription which is stated in Appendix 1, Table 3.
    4. If, during the period of the subscription, a lost or stolen bicycle or scooter is recovered, no more than the surplus paid will be charged to the Rental Client. This number will be calculated by bFlex on the basis of the state of the bike or scooter and all other costs.
    5. If it turns out that inaccurate information has been given by the rental client that disadvantages bFlex, bFlex will be able to apply a surcharge of EUR 100. In comparison to the surplus and any negligence surcharge.
    6. If pieces of the bicycle or scooter are lost or stolen, bFlex is allowed to charge the rental customer up to the full value of the deficit. A price list can be requested from bFlex for the parts of each type of bicycle or Scooter and Subscription.
    7. If the municipality has removed the bicycle, the rental customer will have a three-day span to retrieve the bicycle from the municipal bicycle depot. Any charges for the removal of the bicycle or other costs will be payable by the rental customer. If the municipality removes the bicycle, it will be considered a Unjustified After the Bicycle has been available at the depot for a minimum of three days, bFlex will collect the Bicycle and will contact the Rental Customer to deliver a new Bicycle. bFlex will be entitled to charge costs for this to the Rental Customer, such as any costs for obtaining the Bicycle and the costs of an Unjustified Flex.
    8. The Rental Customer will keep the Bicycle or Scooter indoors when not used to decrease likelihood of theft

 

 9. Damage

    1. Within 24 hours, the Rental Customer will disclose to bFlex damages to the Bicycle or Scooter incurred by vandalism.
    2. In the event of damage and wear and tear to the Bicycle other than what can be expected from normal use, such at the discretion of bFlex, bFlex reserves the right torecover the associated costs from the Rental Customer.
    3. If there is any damage caused by the contributory fault or fault of a third party, the Rental Customer will be obliged to submit to bFlex the contact details of this third party as well as a sketch of the scene signed for approval by both parties. If the contact details of the third party are not submitted, the damage will be charged to the Rental Customer.

 

 10. Payments

  1. When taking out a Subscription, the Rental Customer will also be obliged to give a direct debit mandate to have the relevant monthly Subscription costs and other costs owed debited to the stated bank account number.
    1. In the case of additional payments, such as excesses and surcharges, bFlex shall be allowed to first demand payment thereof prior to supplying the rental client with a new bicycle or scooter. If the rental customer indicates that the remaining balance will be paid and this does not turn out to be the case, this is a Unjustified Flex and Unjustified Flex charges can be charged for this.
    2. If Subscription costs or other costs cannot be debited or are wrongly reversed, the Rental Customer will be in default by operation of law. In that case, the Rental Customer will receive a demand to pay the amount due within fourteen days. bFlex may engage a collection agency if the amount due has not been paid within the period of fourteen days. All additional administrative costs and extrajudicial collectioncosts will be payable by the Rental Customer.

 

 11. Legal Responsibility

    1. If the Rental Customer uses a Bicycle or Scooter it will be considered as evidence that it functions properly and does not show any malfunctions.
    2. In case the Rental Customer does not trust the condition of the Bicycle or Scooter, they must directly contact bFlex.
    3. The Rental Customer uses the Bicycle or Scooter at their own risk.
    4. bFlex will not be liable for any damage or harm suffered by the Rental Customer as a result of using the Bicycle or Scooter, save in the case of willful conduct or gross negligence on the part of bFlex.
    5. It is the responsibility of the Rental Customer to inform bFlex of any issues and/or damages related to the subscription in good time.

 

 12. Change in Subscription

    1. bFlex withholds the right to change the costs of a Subscription. Changes made in the subscription by bFlex will be communicated via e-mail at least 4 weeks before the starting date.
    2. bFlex will at all times be entitled to transfer its claims against the Rental Customer, of any nature whatsoever, to third parties and after the Rental Customer has been informed.
    3. The Rental Customer may change the Subscription into a more expensive Subscription free of charge, in which case bFlex will make an appointment and arrange the exchanging of the Bicycle or Scooter for a Bicycle or Scooter that is in line with the new Subscription.

 

 13. Failure to meet commitments

BFlex shall be permitted, in full or in part, to terminate the Subscription with immediate effect, or to cancel the Subscription by written notice to the Rental Client if:

  1. The Rental Customer fails to meet its subscription obligations;
  2. The Rental Customer ordered the temporary or definite suspension of payments or the temporary or definitive cessation of payments;
  3. Bankruptcy or a winding-up petition is filed for in respect of the Rental Customer or if they are put into bankruptcy or liquidation;
  4. the Rental Customer is placed under guardianship or is allowed to participate in the debt restructuring scheme for natural persons (e.g. 3869/2010);
  5. In bFlex's perspective, the rental customer exploits the service provided by bFlex;
  6. Intentionally, the Rental Client provides bFlex or bFlex with incorrect data;
  7. Otherwise, the rental customer could no longer be found worthy of meeting the commitments resulting from the subscription.
  8. If bFlex has consistently and/or otherwise refused to meet its commitments listed in the General Terms and Conditions, the rental client is entitled to terminate the subscription immediately.

 

 14. Privacy

      1. The security of your personal data is regarded by bFlex as essential. Our Privacy Policy outlines how we secure your personal data. In this regard, questions or comments can be sent to info@bflex.gr.
      2. Upon delivery, bFlex reserves the right to ask for any form of ID upon delivery of the bicycle or scooter. Especially in case the subscriber is not a permanent resident in Greece. The ID number may be noted and kept by bFlex until the subscription has been canceled and the bicycle or scooter has been returned to bFlex.

 

 15. Applicable law in case of Disputes

      1. Greek law applies exclusively to the Subscription and the General Terms and Conditions.
      2. All disputes arising from or connected with the Subscription will only be submitted to the competent court of Athens.

 

 16. Additional Services, partial coverage

      1. By obtaining bFlex’s additional services, a partial coverage, the Rental Customer lowers the deductible in case of theft or total loss of the Bicycle or Scooter as shown in point 7.
      2. In case of theft or total loss of the Bicycle or Scooter, the client should provide acopy of the filed police report with regard to the relevant incident and pay to bFlexthe deductible as shown in Appendix 1, table 4. Under these terms bFlex will provide a newBicycle or Scooter to the Rental Customer to substitute the one stolen or lost for therest of the rental agreement period.
      3. The additional monthly fee will be added to the monthly Subscription costs as described in point 9. In case that the Subscription was agreed under a smaller duration, the corresponding amount will be added
      4. The lowered deductible only applies when the additional monthly fee is selectedat the same time of booking the subscription
      5. All prices as shown in Appendix 1, table 4, include VAT.

 

Appendix

 

Table 1: Amount of compensation for each type of Subscription

 

Type of Subscription Established compensation
Subscription E-Folding Bike EUR 670
Subscription Telegonus EUR 500
Subscription Telemachus EUR 450
Subscription Argos EUR 160
Subscription City Bicycle EUR 320
Subscriptions E-kick Scooter EUR 380

 

Table 2: Amount of excess for each type of Subscription

 

Type of Subscription Established deductible
Subscription Folding Electric EUR 670
Subscription Telegonus EUR 500
Subscription Telemachus EUR 450
Subscription Argos EUR 160
Subscription City Bicycle EUR 320
Subscriptions E-kick Scooter EUR 380

 

Table 3: Amount of negligence surcharge for each type of Subscription

 

Type of Subscription Established negligence surcharge
Subscription Folding Electric EUR 90
Subscription Telegonus EUR 30
Subscription Telemachus EUR 25
Subscription Argos EUR 15
Subscription City Bicycle EUR 40
Subscriptions E-kick Scooter N/A

 

Table 4: Amount of excess for each type of Subscription in case the additional service has been obtained. Also the additional monthly fee per subscription required to obtain the additional service.

 

Type of Subscription Established deductible Lowered deductible Additional
Monthly
F
ee
Subscription City Bicycle EUR 320 EUR 186 EUR 4
Subscription E-Kick Scooter EUR 380 EUR 280 EUR 7
Subscription E-Folding EUR 670 EUR 402 EUR 7