Leasing Terms & Conditions

1. Preamble

 These Terms and Conditions govern the subscription rental, referred to in these Terms as a "lease", of vehicles and related services, including the optional Buyout Option described in Section 29, offered by independent Providers through the platform www.bflex.io (the "Platform"), operated by FlexThis IKE, Tax ID 802391110 ("FlexThis"). 

 FlexThis acts solely as a digital marketplace connecting Providers and Lessees and is not a party to the Subscription. As Platform operator, FlexThis collects payments and holds Deposits on behalf of the Provider, as described in Sections 8 and 13. FlexThis does not own the Vehicles and does not guarantee their quality, safety, legality, availability, or suitability. Where the Product Page states that FlexThis itself offers the Vehicle, FlexThis acts as the Provider with all rights and obligations of the Provider under these Terms, and any provision stating that FlexThis is not a party or limiting FlexThis's liability as platform operator does not apply to that Subscription.

 The Subscription is concluded exclusively between the Provider and the Lessee. The identity and contact details of the Provider are shown on the Product Page and in the Order confirmation. The Provider bears sole responsibility for the Vehicle, its condition, delivery, maintenance, repair, replacement, collection, and the services provided under the Subscription. 

 By placing an Order through the Platform, the Lessee confirms that they have read and accepted these Terms and Conditions. 

2. Definitions

For the purposes of these Terms and Conditions:

"Provider" means the independent professional or business entity offering a Vehicle for subscription through the Platform. 

"Lessee" means the customer who enters into a Subscription with the Provider through the Platform. 

"Lease" means the subscription rental of a Vehicle under these Terms. The terms "lease", "subscription", and "subscription rental" have the same meaning in these Terms. A lease under these Terms is not a financial lease (leasing). 

"Vehicle" means the bicycle (including children's bicycles), e-bike, electric scooter or other light personal electric vehicle, moped, motorcycle, car, or similar vehicle made available by the Provider, together with its accessories and, where applicable, its equipment, tools, keys, charger, removable battery, lock, registration plate, and related documents. 

"Subscription" means the agreement under which the Lessee is granted a limited right to use the Vehicle for a defined period in exchange for payment of the Subscription Fee. 

"Subscription Fee" (Συνδρομητικό Τέλος) means the fee payable by the Lessee for each billing period of the Subscription (such as weekly, monthly, quarterly, or annually), as stated on the Product Page, excluding any additional charges, fines, damage costs, or late payment fees. 

"Subscription Term" means the minimum contractual period selected by the Lessee on the Product Page and confirmed in the Order. 

"Renewal Term" means each additional period, of the same length as the Subscription Term, for which the Subscription automatically renews after the end of the Subscription Term. 

"Product Page" means the listing page on the Platform that sets out the commercial terms of the specific Subscription, including the Provider, the Vehicle, Subscription Fee, billing period, Subscription Term, Deposit, fees, insurance or theft cover (if any), tracking device (if any), service area, Buyout Option (if offered), and any included services or limitations. 

"Order" means the subscription booking placed by the Lessee through the Platform and accepted in accordance with the checkout process. 

"Working Day" means any day other than a Saturday, Sunday, or public holiday in the country where the Vehicle is provided. 

"Normal Wear and Tear" means deterioration resulting from ordinary and proper use of the Vehicle in accordance with its intended purpose and the Provider's instructions. 

"Abnormal Use" means any use beyond Normal Wear and Tear, including misuse, negligence, unauthorized modification or repair, improper storage or charging, failure to secure the Vehicle, use contrary to instructions, accidents caused by the Lessee, undisclosed commercial use, or use outside the intended purpose of the Vehicle. 

"Deposit" means any refundable security amount required by the Provider, collected and held by FlexThis in accordance with Section 13. 

"Replacement Value" means the fair replacement cost of the Vehicle at the time of its theft, loss, or total destruction, taking into account its age, condition, usage, accessories, and market value, unless a different valuation method is stated on the Product Page. For a Subscription with the Buyout Option, the Replacement Value is the Current Buyout Price (see Section 29.5). 

3. Subject of the Agreement

 The Provider rents a specific Vehicle, which it owns, to the Lessee on a subscription basis. The Lessee acquires only a temporary, limited, non-transferable right to use the Vehicle. Ownership remains with the Provider at all times, unless the Lessee purchases the Vehicle under the Buyout Option (Section 29). 

 If more than one user is expressly declared and accepted by the Provider, all such users are jointly and severally liable for the obligations under the Subscription. 

4. Product Page and Provider-Specific Terms

 Each Provider sets its own commercial terms, which are stated on the Product Page and in the Order confirmation. These Terms govern the general legal framework and apply to all Providers. 

 In the event of conflict, the Product Page and Order confirmation prevail only with respect to the specific commercial terms of the relevant Subscription; these Terms prevail on all general legal matters. Provider-specific terms may not reduce any rights granted to the Lessee under mandatory law. 

5. Eligibility and Identification

 The Lessee must be at least 18 years old, legally capable of entering into a binding contract, and meet any additional eligibility requirements stated on the Product Page. For cars, mopeds, motorcycles, and other Vehicles requiring a driving licence, the Lessee must also hold a valid licence for the relevant category and meet the legal age requirements for that Vehicle. 

 Where a Vehicle is intended for use by a child, such as a children's bicycle, the Lessee may allow the child to use it but remains fully responsible for the Vehicle, its use, and the supervision of the child. 

 Upon delivery or collection, the Lessee must present a valid ID card or passport and, where applicable, a valid driving licence. The Provider may also request proof of address and, where required for invoicing or compliance purposes, a tax identification number. 

 The Provider, or FlexThis on its behalf, verifies the Lessee's identity and records the key details of the identity document, namely the full name, document number, expiry date, and date of birth, and, where applicable, the driving licence number and category. 

 A copy or scan of the Lessee's identity document, driving licence, or proof of address is made only where this is necessary and proportionate in the specific case, for example for Vehicles of high value, for Vehicles that require a driving licence, or where there are indications of fraud or false information. The Lessee will be informed when a copy or scan is made. 

 Recorded details and any copies are used only for identity verification, fraud prevention, and the recovery of the Vehicle or of amounts due. They are stored securely and deleted once the Subscription has ended and all outstanding matters, including the settlement of the Deposit, have been resolved, unless a longer retention period is required by law or necessary for an ongoing claim. 

 The Provider may refuse handover where the Lessee does not meet the requirements of this Section, fails to provide the required documentation, or, where a copy is required under this Section, refuses to allow it. 

6. Duration, Renewal, Cancellation, Early Return, and Reactivation

 The Subscription begins on the start date stated in the Order confirmation and runs for at least the Subscription Term. 

 At the end of the Subscription Term, the Subscription renews automatically for successive Renewal Terms of the same length (for example, a monthly Subscription renews every month and an annual Subscription every year), unless the Lessee cancels it before the next Renewal Term begins. FlexThis and the Provider are not obliged to send a reminder before a renewal. 

 The Lessee may cancel the Subscription at any time by email to the Provider or through the Platform where available. Cancellation takes effect at the end of the current Subscription Term or Renewal Term. No partial refund is due for the current term unless stated otherwise on the Product Page. 

 The Lessee must return the Vehicle no later than the final day of the current term, unless otherwise agreed in writing with the Provider. Late return is governed by Section 20. 

 The Lessee may return the Vehicle early, but remains liable for the Subscription Fee for the current term. Any refund for early return is at the sole discretion of the Provider; as a general rule, no refund is given. 

 Before the Vehicle is returned, the Lessee may request reactivation of a cancelled Subscription, subject to the Provider's approval and the Vehicle's availability. 

7. Right of Withdrawal

 Where the Lessee is a consumer, the Lessee has the right to withdraw from the Subscription within fourteen (14) days after the Order is concluded, without giving any reason, unless an exception under applicable consumer protection law applies. Such an exception may apply in particular to car rental services for a specific date or period. Where the Provider relies on an exception, this is stated on the Product Page before the Order is placed. 

 To withdraw, the Lessee must inform the Provider of their decision by a clear statement sent by email, or through the withdrawal function on the Platform, before the withdrawal period has expired. A model withdrawal form is available on the Platform; its use is optional. 

 Where the Lessee has expressly requested, through the checkout process, that the Subscription start during the withdrawal period, the Lessee remains entitled to withdraw but must pay a proportionate amount of the Subscription Fee for the period from the start of the Subscription until the Provider is informed of the withdrawal. 

In case of withdrawal:

  1.  all payments received, including the Deposit and any delivery costs, are refunded via the Platform within fourteen (14) days after the Provider is informed of the withdrawal, less the proportionate amount referred to above and any amounts due under these Terms for damage or missing items; 
  2.  the Lessee must return the Vehicle, if already handed over, without undue delay and no later than fourteen (14) days after the withdrawal, in accordance with Section 9, and bears the direct cost of returning it unless stated otherwise on the Product Page; 
  3.  until the Vehicle is returned, these Terms continue to apply to it, including Sections 13, 14, and 17. 

 The right of withdrawal from a purchase under the Buyout Option is governed by Section 29.8. 

8. Payments and Payment Authorisation

 The Lessee must pay all Subscription Fees, Deposits, delivery and collection fees, service charges, and other amounts stated on the Product Page or otherwise lawfully due. Payments are collected by FlexThis via the Platform, through its payment service provider, on behalf of the Provider. Unless stated otherwise on the Product Page, Subscription Fees are payable in advance for each billing period. 

 By placing an Order, the Lessee authorises FlexThis, acting on behalf of the Provider, to store the Lessee's payment method (such as a credit or debit card) and to charge it automatically, without further confirmation, for: 

  1. the first Subscription Fee and the Deposit, at the time of the Order;
  2.  each subsequent Subscription Fee, at the start of each billing period, until the Subscription ends; 
  3.  any other amounts due under these Terms, such as late return charges, damage costs, or missing items not covered by the Deposit, provided that the Lessee has been informed by email in advance of the amount and the reason for the charge. 

 This authorisation remains valid until all amounts due have been paid. The Lessee must keep a valid payment method on file for the entire Subscription and update it without delay if it expires, is blocked, or is replaced. 

 If a payment fails, is delayed, or is reversed, the Lessee is in payment default. The Provider, or FlexThis on its behalf, may then request payment within a reasonable period, normally not less than fourteen (14) days unless a shorter period is justified. The Provider may suspend performance, refuse renewal or delivery, or terminate the Subscription under Section 19. 

 If payment is still not made, the Provider may apply late payment fees stated on the Product Page, use third-party collection services, and pursue judicial or extrajudicial recovery. Any collection or legal costs claimed must be reasonable and proportionate. 

9. Delivery, Collection, Return, and Condition

 The Provider delivers the Vehicle, or makes it available for collection at its store or an agreed location, in a roadworthy condition, safe for normal intended use, as stated on the Product Page or otherwise agreed. 

 At handover and at return, the Provider may record the condition of the Vehicle, including through inspection forms, photos, video, or digital checklists. The Lessee should inspect the Vehicle at handover and report any visible damage, missing parts, or defects immediately. By accepting the Vehicle, the Lessee confirms its acceptable visible condition, unless an issue is recorded at handover. 

 At the end of the Subscription, the Lessee must return the Vehicle at the agreed location, in the same condition as received except for Normal Wear and Tear, together with all keys, chargers, batteries, locks, accessories, documents, and other items supplied. Missing items may be charged to the Lessee. 

 The Provider must document any damage found at return through photos or other reasonable evidence. Where evidence is insufficient or the condition is unclear, this is taken into account in favor of the Lessee when assessing Deposit deductions. 

10. Service Area

 The Provider's services are provided only within the service area stated on the Product Page. The Lessee may use the Vehicle outside that area at their own responsibility, subject to Section 11, but delivery, maintenance, support, replacement, and collection outside the service area are not included unless stated otherwise on the Product Page. 

 In case of cancellation, damage, malfunction, or a required inspection, the Lessee may be required to bring the Vehicle back to the service area at their own cost, unless otherwise agreed. 

11. Permitted Use and Restrictions

 The Vehicle may only be used for lawful, personal purposes, with due care, in accordance with applicable law, the manufacturer's specifications, and the Provider's instructions, and only by the Lessee, a child under the Lessee's responsibility in the case of a Vehicle intended for children, or another user expressly accepted by the Provider. Commercial, delivery, or fleet use requires the Provider's prior approval. 

The Lessee must not:

  1. sublease, lend, pledge, transfer, sell, or otherwise dispose of the Vehicle;
  2.  alter, dismantle, modify, or repair the Vehicle without the Provider's prior approval; 
  3. duplicate or share keys or access mechanisms;
  4.  use the Vehicle for racing, stunts, overloading, towing, unlawful activity, or any purpose for which it is not intended, or while under the influence of alcohol or drugs; 
  5.  transport the Vehicle by boat, train, or other means without the Provider's prior written approval; 
  6.  take the Vehicle outside the country in which it is provided without the Provider's prior written approval. 

 The Lessee must also comply with the security obligations in Section 14. 

12. Maintenance, Repairs, and Service Support

 The Provider is responsible for repairs and maintenance resulting from Normal Wear and Tear, carried out through its own service infrastructure or its approved partners. The Lessee must use only these for all maintenance, repair, and service needs, except where immediate action is required for safety and the Provider cannot be reached in time. 

 Repairs resulting from Abnormal Use are at the Lessee's expense. 

 Where the Product Page includes service support, this may include repair of Normal Wear and Tear defects, replacement of the Vehicle where reasonably necessary, and support within the service area. Stated response times are indicative only and do not entitle the Lessee to compensation unless stated otherwise. If the Vehicle is replaced, the Lessee must return the original Vehicle with all keys and accessories. 

 If the Lessee requests support without valid reason, or misses a confirmed appointment without notice and justified reason, the Provider may charge a no-show fee where stated on the Product Page. 

13. Deposit

 The Provider may require a Deposit, as stated on the Product Page, as security for the Lessee's obligations. The Deposit is collected via the Platform and held by FlexThis on behalf of the Provider for the duration of the Subscription, and is released only in accordance with this Section. 

 The Provider may apply the Deposit toward unpaid Subscription Fees, late return charges, damage from Abnormal Use, theft-related amounts, missing items, collection costs, or other amounts lawfully due. 

 The Provider must notify FlexThis and the Lessee by email of any proposed deduction within seven (7) days after the Vehicle is returned. Each deduction must be itemised and substantiated, for example by photos, inspection records, repair invoices, or quotes. The Provider bears the burden of proof. 

 The Lessee may dispute a deduction by email within three (3) Working Days after being notified. FlexThis then holds the disputed amount until the Provider and the Lessee agree or the dispute is otherwise resolved. 

 FlexThis refunds the Deposit, less undisputed deductions, to the Lessee's original payment method within ten (10) days after the Vehicle is returned, and any disputed amount within seven (7) days after the dispute is resolved. For a purchase under the Buyout Option, Section 29.6 applies. FlexThis is not responsible for delays caused solely by banks or payment service providers. 

14. Theft, Loss, Security, Tracking, and Recovery

 The Lessee must take all reasonable measures to prevent theft or loss of the Vehicle at all times, including: 

  1.  locking the Vehicle and, where applicable, securing it with an appropriate lock to a fixed and immovable object; 
  2.  storing it in a secure or indoor location when reasonably possible, especially at night; 
  3. not leaving it unattended in clearly unsecured or high-risk areas;
  4. keeping all keys under the Lessee's control at all times;
  5. following any anti-theft instructions from the Provider.

 In case of theft or loss, the Lessee must notify the Provider immediately, file a police report within twenty-four (24) hours after becoming aware of it, provide the Provider with a copy of the report, all keys, and all relevant documentation without undue delay, and cooperate fully with the Provider and the authorities. 

Liability for theft or loss:

  1.  where the Product Page states that insurance or theft cover applies, the Lessee's liability is determined by that cover, including any deductible and exclusions (Section 16); 
  2.  in all other cases, including where the cover does not apply because the Lessee failed to comply with this Section or with the conditions of the cover, the Lessee is liable for the full Replacement Value of the Vehicle and any other directly related costs, regardless of the circumstances of the theft or loss. 

 If the Vehicle is recovered after the Lessee has paid for it, the Provider refunds the amount paid for the Replacement Value, less the reasonable cost of repairing the recovered Vehicle and any other amounts due. 

 Some Vehicles are equipped with a GPS or other tracking device, as stated on the Product Page or communicated at handover. Where this is the case, the Provider may use the location data only to: 

  1.  locate and recover the Vehicle in case of theft, loss, non-return, or misappropriation; 
  2.  protect the Vehicle and investigate incidents, accidents, or suspected serious breaches, such as unauthorized use or travel abroad without approval; 
  3.  locate the Vehicle for maintenance, replacement, or collection, in agreement with the Lessee. 

 The Provider shall not use location data to continuously monitor the Lessee's movements. The Lessee must not remove, disable, damage, cover, or otherwise interfere with a tracking device; doing so is a serious breach, and repair or replacement costs may be charged to the Lessee. 

15. Accidents, Damage, Charging, and Malfunctions

 The Lessee must notify the Provider immediately of any accident, fire, attempted theft, malfunction, breakdown, removal or seizure by authorities, or other event affecting the safe use or possession of the Vehicle. 

 In case of an accident or serious incident, the Lessee must, where relevant, notify the police or competent authority, record the details of witnesses and involved persons, collect information and photos, not admit liability to third parties without the Provider's approval unless legally required, and cooperate fully with the Provider and any insurer. 

 The Lessee must stop using the Vehicle immediately where continued use may cause further damage or a safety risk. 

 The Lessee must monitor the Vehicle while charging and report any overheating, smoke, fire, or other safety risk immediately. The Provider is not liable for damage caused by improper charging, charging equipment not approved by the Provider, or charging contrary to instructions. 

16. Insurance

 Where the law requires compulsory insurance for the Vehicle, such as motor third-party liability insurance for cars, mopeds, and motorcycles, the Provider ensures the Vehicle is insured at least to the legally required extent for the duration of the Subscription. 

 Any other insurance or theft cover applies only where clearly stated on the Product Page or confirmed in writing by the Provider, with the scope, exclusions, deductibles, and conditions stated there or by the insurer. Otherwise, no such cover is included. 

 The Lessee must notify the Provider by email within twenty-four (24) hours of any incident that may give rise to an insurance claim, regardless of fault. Failure to do so may result in loss of coverage, to the extent the insurance conditions allow, in which case the Lessee is liable as if no insurance applied. 

 Insurance does not release the Lessee from complying with these Terms or from liability for negligence, misuse, breach of instructions, or events excluded from coverage. 

17. Liability

 The Lessee is liable for damage, theft, loss, fines, penalties, third-party claims, and other consequences arising from the Lessee's use, handling, storage, charging, or transport of the Vehicle, or failure to safeguard it. 

 The Provider is responsible for delivering the Vehicle in a condition fit for its intended use and for the maintenance obligations it has assumed. The Provider bears no liability for any damage, loss, or injury suffered by the Lessee or third parties as a result of the use of the Vehicle, or for any malfunction of the Vehicle, except in cases of intentional misconduct or gross negligence by the Provider. 

 FlexThis is not liable for any damages, losses, defects, delays, theft, accidents, maintenance issues, service failures, or other claims arising from the relationship between the Provider and the Lessee. This does not affect FlexThis's own obligations regarding the collection of payments and the holding and refund of Deposits under Sections 8 and 13. 

 Nothing in these Terms excludes or limits any liability, or any right of the Lessee, to the extent this is not permitted under applicable law. All limitations and exclusions in these Terms apply only to the extent permitted by law. 

18. Fines and Public Charges

 The Lessee is solely responsible for all traffic and parking fines, administrative penalties, towing, impound, removal, and storage charges, and other public charges arising from the Lessee's use or possession of the Vehicle during the Subscription. The Lessee must notify the Provider promptly and cooperate in handling the matter. If the Provider pays or incurs such amounts, it may recover them from the Lessee. 

19. Termination

 The Provider may suspend or terminate the Subscription with immediate effect, by email, in the event of: 

  1. payment default not remedied within the period set out in Section 8;
  2. unsafe, unlawful, abusive, or prohibited use of the Vehicle;
  3. intentional damage, gross negligence, or repeated misuse;
  4.  subleasing, lending, transferring, or otherwise giving the Vehicle to unauthorized persons; 
  5. failure to return the Vehicle when due;
  6. intentionally false information provided by the Lessee;
  7. interference with a tracking device.

 For any other breach, the Provider must first notify the Lessee by email and give the Lessee three (3) Working Days to remedy it. If the breach is not remedied within that period, the Provider may terminate the Subscription with immediate effect. 

 The Lessee may terminate the Subscription immediately if the Provider repeatedly and seriously fails to fulfil its essential obligations and does not remedy this within a reasonable time after notice. 

 Upon termination, the Lessee must stop using the Vehicle and return it without delay as instructed by the Provider. If the Subscription is terminated due to the Lessee's breach, no refund is due for the current term. Termination does not affect amounts already due or the Lessee's liability for damage, theft, or loss. 

20. Late Return, Non-Return, and Recovery

 Until the Vehicle is actually returned or recovered, the Lessee remains responsible for it and is liable for continued Subscription Fees or equivalent usage compensation, reasonable recovery costs, and other lawful charges. 

 The Provider may charge a daily late return fee as stated on the Product Page or, if none is stated, a reasonable daily fee based on the Subscription Fee. 

 If the Vehicle is not returned within a reasonable period after the return date and the Lessee cannot be reached or does not cooperate, the Provider may treat this as unlawful possession or misappropriation and take any lawful civil or criminal action to recover the Vehicle. 

21. Personal Data

 Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection law. 

 The Provider is the data controller for data processed to perform the Subscription, including identity verification and document details (and copies, where made under Section 5), location data from tracking devices (Section 14), delivery, service, collection, incidents, fines, and claims. 

 FlexThis processes personal data for operating the Platform, identity verification where performed through the Platform, payments, Deposit handling, customer support, and fraud prevention, and shares data with the Provider as necessary to perform the Subscription. 

 Further details are available in the Privacy Policy and in any privacy information provided by the Provider. 

22. Complaints

 Complaints about the Vehicle or the performance of the Subscription must be addressed to the Provider. Complaints about the Platform, payments, or the handling of Deposits by FlexThis may be sent to info@bflex.io. FlexThis may facilitate communication between the Lessee and the Provider but is not responsible for resolving disputes between them, without prejudice to Section 13. 

23. Assignment

 The Lessee may not transfer or assign the Subscription without the Provider's prior written approval. The Provider may assign its payment or recovery claims to third parties and may use third-party service providers for delivery, maintenance, recovery, claims handling, or collection. 

24. Changes to Prices or Terms

 The Provider may change the Subscription Fee for future Renewal Terms by notifying the Lessee by email at least one (1) month before the change takes effect. If the Lessee does not accept the change, the Lessee may cancel the Subscription under Section 6 before the change takes effect. 

 FlexThis may update these Terms from time to time. Updates apply from their publication on the Platform or a later stated date, and Lessees with an active Subscription are informed of material changes by email. The version in force at the time of the Order governs the Subscription; a material change does not adversely affect the Lessee during the current paid term unless it is required by law, necessary for security or operational reasons, or accepted by the Lessee. 

25. Force Majeure

 Neither the Provider nor the Lessee is liable for failure or delay caused by events beyond their reasonable control, such as natural disasters, extreme weather, fire, strikes, epidemics, or measures of public authorities. This does not release the Lessee from payment for any period in which the Vehicle was available, or from obligations and liability regarding the safekeeping, theft, loss, or damage of the Vehicle. 

26. Communications and Notices

 All notices under these Terms, including cancellations, payment, damage, Deposit, and termination notices, are given by email, which constitutes written notice. Notices are sent to the Lessee at the email address in the Order, to the Provider at the email address on the Product Page or Order confirmation, and to FlexThis at info@bflex.io. 

 An email is deemed received on the day it is sent, or on the next Working Day if sent on a non-Working Day. The Lessee must keep their email address up to date. 

 Urgent incidents, such as accidents, theft, or safety risks, should also be reported by telephone where the Provider has provided a number, and must always be confirmed by email. 

27. Applicable Law and Jurisdiction

 The Subscription is governed by the law of the country in which the Provider is established, as shown on the Product Page. Where the Lessee is a consumer, this choice of law does not deprive the Lessee of the protection of the mandatory provisions of the law of the country of their habitual residence. 

 Disputes are subject to the courts competent under applicable law. A Lessee who is a consumer may in any event bring proceedings in the courts of their place of residence, and may be sued only there, to the extent provided by applicable law. 

 Consumers may also submit a complaint to a competent consumer protection authority or alternative dispute resolution body in their country. 

28. Safety Guidance

 The Lessee is encouraged to comply with traffic rules, ride or drive defensively, use lights where required or appropriate, wear a properly fitting helmet where advisable or required by law, check the Vehicle before use, and avoid using it while fatigued or impaired. 

29. Buyout Option (Δικαίωμα Εξαγοράς)

29.1 Nature of the Buyout Option

 The Buyout Option is an optional add-on to the Subscription, available for any type of Vehicle and any billing period. The Provider alone decides whether to offer it for a given Vehicle and on what terms. The Lessee chooses whether to select it. Selecting the Buyout Option gives the Lessee a right, but never an obligation, to purchase the specific Vehicle that the Lessee is using under the Subscription, and no other vehicle. 

 The Buyout Option does not make the Subscription a credit agreement, a financing agreement, a hire-purchase agreement, or a financial lease (χρηματοδοτική μίσθωση). The Subscription Fee is paid only for the use of the Vehicle and the services included in the Subscription, not as a payment towards its purchase, and is the same whether or not the Buyout Option is selected. 

29.2 Definitions

In this Section:

"Initial Buyout Price" (Αρχική Τιμή Εξαγοράς) means the purchase price of the Vehicle, including VAT, set by the Provider and shown to the Lessee before the Subscription starts. 

"Buyout Rate" (Ποσοστό Συμψηφισμού) means the percentage of each Subscription Fee that is deducted from the Initial Buyout Price in accordance with this Section. 

"Accrued Deduction" (Σωρευμένο Ποσό Συμψηφισμού) means the total of all amounts deducted in accordance with the Buyout Rate up to a given date. 

"Current Buyout Price" (Τρέχουσα Τιμή Εξαγοράς) means the Initial Buyout Price minus the Accrued Deduction on a given date, but never less than the Minimum Buyout Price. 

"Minimum Buyout Price" (Ελάχιστη Τιμή Εξαγοράς) means the lowest price, including VAT, at which the Vehicle may be purchased under the Buyout Option, as set by the Provider. 

29.3 Terms Set by the Provider

 The Provider sets the Initial Buyout Price, the Buyout Rate, and the Minimum Buyout Price, which are shown on the Product Page before the Subscription is concluded. Once the Subscription is concluded, these terms remain fixed for its duration and may not be changed by the Provider unilaterally. The Provider may stop offering the Buyout Option for new Subscriptions at any time. 

29.4 Calculation

 For each Subscription Fee paid in full, whatever the billing period, the Buyout Rate multiplied by that Subscription Fee is added to the Accrued Deduction. No deduction accrues for an unpaid or partly paid fee until it is paid in full. A fee paid late still accrues its deduction once it, and any related late payment fees, have been paid in full. 

 Once the Current Buyout Price reaches the Minimum Buyout Price, no further deductions apply. 

Example: The Initial Buyout Price is €2,400, the Subscription Fee is €60 per month, the Buyout Rate is 40%, and the Minimum Buyout Price is €1,500. €24 is deducted for each paid month. After 12 paid months, the Accrued Deduction is €288 and the Current Buyout Price is €2,112. The Minimum Buyout Price of €1,500 is reached after 38 paid months. With a quarterly Subscription Fee of €170 and the same Buyout Rate, €68 would be deducted for each paid quarter. 

29.5 Nature of the Accrued Deduction

 The Accrued Deduction is used only to calculate the Current Buyout Price. It is not a monetary balance, deposit, prepayment, or claim of the Lessee, and cannot be paid out, refunded, transferred, or set off against other amounts. 

 The Accrued Deduction applies only to the specific Vehicle and Subscription. It lapses without compensation if: 

  1.  the Subscription ends for any reason without the Buyout Option being exercised; 
  2. the Vehicle is stolen, lost, or declared a total loss; or
  3.  the Vehicle is replaced for any reason. In that case, the Buyout Option also ends, unless the Provider agrees in writing to transfer the Buyout Option and the Accrued Deduction to the replacement Vehicle. 

 While the Provider owns the Vehicle, the Replacement Value for the purposes of Section 14 is the Current Buyout Price on the date of the theft, loss, or total destruction. 

29.6 Exercising the Buyout Option

 The Lessee may exercise the Buyout Option through the Platform at any time during an active Subscription, provided that no amounts are outstanding. The Platform shows the Current Buyout Price in the Lessee's account. 

 The purchase is concluded when the Lessee confirms it through the Platform and pays the Current Buyout Price. The purchase is concluded directly between the Provider, as seller, and the Lessee, as buyer; FlexThis is not a party and acts only as intermediary, collecting the price on behalf of the Provider under Section 8. The Provider issues the receipt or invoice. 

 Ownership of the Vehicle passes to the Lessee once the price has been paid in full. For Vehicles that must be registered, such as cars, mopeds, and motorcycles, ownership passes in accordance with the legal transfer formalities, which the Provider and the Lessee shall complete without undue delay at the Lessee's cost, and the Lessee must arrange compulsory insurance from the moment ownership passes. 

When ownership passes:

  1.  the Subscription ends automatically, no further Subscription Fees are due, and no refund is due for the part of the current billing period already paid, unless the Provider agrees otherwise; 
  2.  any insurance, theft cover, maintenance, and service support end, unless otherwise agreed; 
  3.  the Lessee alone bears the risk of theft, loss, or damage, without prejudice to the legal guarantee (Section 29.7); 
  4. the Vehicle does not need to be returned;
  5.  the Provider deactivates any tracking device and stops processing the Vehicle's location data; the device may remain on the Vehicle unless its removal is agreed. 

 The Deposit is held by FlexThis until the withdrawal period under Section 29.8 has expired. If the Lessee does not withdraw, FlexThis refunds the Deposit, less any amounts still due under the Subscription, within ten (10) days after that period has expired. 

29.7 Condition of the Vehicle and Legal Guarantee

 The Lessee has used the Vehicle during the Subscription and is familiar with its general condition. The Vehicle is sold as a used good. To the extent permitted by applicable law, normal ageing, wear, and reduced battery capacity corresponding to the Vehicle's age and use, as well as any defects stated by the Provider on the Platform before the purchase, do not constitute a lack of conformity. 

 This does not exclude or limit the Lessee's statutory rights for any other lack of conformity, including hidden defects that existed when ownership passed. 

 The statutory legal guarantee period under applicable consumer law applies from the date ownership passes. Only where applicable law permits the parties to agree on a shorter guarantee period for used goods, the guarantee period is one (1) year, to which the Lessee agrees by confirming the purchase. 

 Damage caused during the Subscription remains subject to Sections 12 and 17. 

29.8 Right of Withdrawal

 Where the Lessee is a consumer, the Lessee may withdraw from the purchase within fourteen (14) days after it is concluded, in accordance with applicable consumer law, by email to the Provider or through the Platform. In both cases below, ownership of the Vehicle returns to the Provider on the date of withdrawal, and the Provider refunds the purchase price via the Platform within fourteen (14) days after being informed of the withdrawal. 

When withdrawing, the Lessee chooses one of the following options:

Return: the Lessee returns the Vehicle within fourteen (14) days after the withdrawal, in accordance with Section 9. The Subscription is not reinstated, no Subscription Fees are due for the period after ownership passed, the Accrued Deduction lapses, and the Deposit is settled in accordance with Section 13. The Provider may withhold the refund of the purchase price until it has received the Vehicle. 

Resumption: the Lessee expressly requests to resume the Subscription. The Subscription is reinstated on its previous terms, including the Accrued Deduction, the Deposit, and any tracking device, and the Vehicle stays with the Lessee. 

 If the Lessee resumes the Subscription, the billing period that was running when ownership passed continues, to the extent it has already been paid, and Subscription Fees become due again only from the start of the next billing period. No amount is charged separately for the time between the purchase and the withdrawal, and no period is charged twice. 

 If the Lessee does not indicate a choice, the Provider asks the Lessee by email. If the Lessee does not choose within seven (7) days, the Return option applies. 

 The Lessee is liable for any diminished value of the Vehicle resulting from handling beyond what is necessary, in accordance with applicable consumer law. 

29.9 Relationship with the Rest of These Terms

 Except as set out in this Section, a Subscription with the Buyout Option remains subject to these Terms. In case of conflict on the Buyout Option, this Section prevails. 

30. Final Provisions

 If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in full force. Failure or delay in exercising any right does not constitute a waiver of that right. 

 Section headings are for convenience only. Questions about these Terms may be sent to info@bflex.io.