1. INTRODUCTION
These General terms and conditions of electric bicycles rent (hereinafter: Terms and conditions) apply to the business relationship between A-Anticus d.o.o., Zagreb, Štefanovečka cesta 10, OIB: 07545451198 (hereinafter: A-Anticus) and a legal or natural person who enters into a Electronic bicycles rental agreement with the A-Anticus (hereinafter referred to as: Customer).
A-Anticus and Customer establish a business relationship by entering into Electronic bicycles rental agreement (hereinafter: Individual Agreement) which defines specific conditions relating to the rental of one or more electric bicycles (hereinafter: E-bike). These Terms and conditions form an integral part of Individual Agreement. In the event of any conflict or inconsistency between the Terms and conditions and the Individual Agreement, the provisions of the Individual Agreement shall apply.
2. CONCLUSION OF CONTRACT AND HANDOVER
2.1. Individual Agreement and Terms and conditions together form a rental agreement whereby the A-Anticus provides and the Customer receives for use one or more E-bikes specified in the Individual Agreement.
2.2. The A-Anticus will refuse to enter into rental agreement if:
– a potential Customer is under the age of 16 or over the age of 16 and under the age of 18 without the presence of a legal representative;
– the potential Customer refuses to give a deposit or does not have a valid personal document;
– A-Anticus has overdue outstanding claims against the potential Customer
– there are circumstances that the Customer will use the E-bike contrary to the rental agreement.
2.3. Unless otherwise specified in the Individual Agreement, the E-bike is handed over to the Customer during the A-Anticus’s working hours and at the A-Anticus’s branches at the following locations:
1. Zagreb – Jurišićeva 19/1, Rotonda center
2. Rovinj – Hermana Dalmatina 8
3. Umag – 154th Brigade Street of the Croatian Army 4
2.4. When taking over the E-bike, the Customer is obliged to inspect the E-bike and indicate any defects in the Individual Agreement. If not otherwise specified in the Individual Agreement, it is considered that the E-bike was handed over to the Customer without damage, in an orderly condition. .
2.5. When concluding the Individual Agreement, the Customer is obliged to sign a pre-authorization permit in the amount determined by the A-Anticus. The reserved funds can be reduced for the collection of possible damages and fines and for all other claims of the A-Anticus against the Customer. Reserved funds are released by the Customer’s bank and the time of its availability depends on the Customer’s bank.
3. OBLIGATIONS OF THE A-ANTICUS
3.1. The A-Anticus undertakes to provide the E-bike to the Customer for use in the condition specified in the Individual Agreement.
3.2. In the event of a malfunction of the E-bike that is not caused by the Customer’s actions, the A-Anticus will try to fix the defect, and if it fails, A-Anticus will provide the Customer with a replacement E-bike. In the event that the A-Anticus does not have a replacement E-bike, the A-Anticus will organize transport of Customer to the Customer’s accommodation and return the Customer paid rent for the days the E-bike was not used. In the event of a malfunction of the E-bike caused by the Customer’s action all A-Anticus’ costs shall be borne by the Customer.
4. OBLIGATIONS OF THE CUSTOMER
4.1. In performing its obligation under rental agreement, The Customer is obliged to exercise the care od a good master of house.
The E-bike can be ridden by the Customer or another person authorized by the Customer (hereinafter referred to as: the E-cyclist), whereby the E-bike may not be ridden by a person under the age of 16. The Customer is responsible for the actions of all E-cyclists, and all prohibitions prescribed for the Customer under these Terms and conditions also apply to all E-cyclists.
The Customer is also responsible for all actions of third parties that, due to the Customer’s actions or omissions, have come into possession of E-bike.
4.2. The Customer may not make any modifications to the E-bike, add or remove parts or equipment, make any repairs without prior instruction from the A-Anticus, affix advertising stickers or markings or paint the E-bike.
4.3. The Customer may not use the vehicle:
(1) outside the borders of the Republic of Croatia
(2) for any illegal activities, transportation of dangerous goods, flammable substances, explosives, toxic or dangerous material
(3) for races, competitions or training or events where bicycles are tested
(4) for further rent/lease
(5) for such use that affects the reduction of the value of the E-bike more than normal use
4.4. The Customer may not transport passengers on the E-bike, except one child in the children seat. The Customer must ride the E-bike with both hands, which must be on the steering wheel when driving. If the Customer moves along the road without paths or lanes for cyclists, he is obliged to move along the right edge of the roadway in the direction of movement.
4.5. The Customer is not authorized:
(1) to ride E-bike off-road or on unsuitable roads, in risky areas, and/or to violate a traffic or other regulations;
(2) ride too tired, under the influence of alcohol (more than 0.00 ‰), narcotics or any other substance that harms the d’s consciousness or ability to ride in any way or in any form;
(3) use the E-bike in a way that is not in accordance with the weather conditions;
4.6. The Customer’s obligations in the event of a harmful event are the obligations to reduce the damage and to comply with the A-Anticus’s instructions described in this paragraph if the circumstances allow. The Customer is obliged, without delay, to inform the A-Anticus and the police about any traffic accident or accident involving the E-bike, as well as theft or theft of the E-bike (further: Incident). The Customer is not authorized to admit liability, release any party from liability, settle any claim or accept any waiver of liability, or sign a settlement. After the Incident, the Customer is obliged to cooperate with the A-Anticus and the A-Anticus’s insurer in any investigation or subsequent legal proceedings arising from the Incident. The Customer is not authorized to arrange any service inspections, repairs, replacement of parts or the like, without the written permission of the A-Anticus.
In the event of the Customer’s failure to notify the A-Anticus of total damage or major material damage to the E-bike as a result of which it is also difficult to use, or the theft of the E-bike without delay, a contractual penalty is agreed in the amount of the proportionate rent increased by fees for additional services and costs arising from the described failure of the Customer.
4.7. In case of material damage to the E-bike, the A-Anticus is obliged to compensate the damage in accordance with the document “Damage compensation catalogue”.
4.8. If the E-bike is stationary, the Customer is obliged to comply with safety measures and always tie the parked E-bike with the corresponding padlock, in such a way as to fasten the frame of the bike to a fixed object such as a fence, tree, etc. In case of alienation of the E-bike and, if the Customer failed to fulfill the stated obligation, the Customer is obliged to compensate the A-Anticus the amount corresponding to the full value of the E-bike that is the subject of the rent.
4.9. The Customer is responsible to the A-Anticus for any damage caused to the E-bike or to third parties when using the E-bike. In case embezzlement of the E-bike, the Customer is obliged to compensate the A-Anticus the amount corresponding to the full value of the E-bike that is the subject of the rent.
4.10. In case of damage to the Customer for which the A-Anticus is responsible, it is considered that the Customer have contributed to the damage if:
1. the Customer did not wear a protective helmet, regardless of whether wearing the protective helemet is prescribed by according to the applicable law or not.
2. before each new use of the E-bike, the Customer did not check the E-bike (pedals and chain, steering wheel, tires, brakes, lights and everything else that could affect the safety of riding a E-bike)
3. the Customer used the E-bike contrary to legal provisions or these general conditions.
5. RENT
5.1. The amount of the rent is defined by the Individual Contract and is charged when the Individual Contract is concluded.
6. ACCESSORIES AND SERVICES
6.1. On Customer’s request, The A-Anticus can provide the Customer with the following additional equipment:
• Protective helmet
• Seats for children and children’s helmets
• Mobile phone holder
or provide the Customer with the E-bike delivery service to the address specified by the Customer.
The fee for additional services or equipment is determined by the Individual Agreement.
6.2. Seats for children are not fitted to the E-bike by the Customer, therefore A-Anticus is not responsible for damage to the Customer caused by an incorrectly adjusted seat.
7. RESPONSIBILITY OF THE CUSTOMER FOR TRAFFIC FINES/ VIOLATIONS
7.1. The Customer is responsible for the payment of all fees and fines arising from the use of the E-bike and is obliged to compensate the A-Anticus for all fees and fines charged to A-Anticus, which were incurred as a result of the use of the E-bike by the Customer.
7.2. The Customer declares that he is aware that in the event of competent authority’s request, the A-Anticus is obliged to provide them with information about the Customer (name and surname, address, date and time of rent, rental agreement, etc.).
7.3. The Customer will reimburse the A-Anticus all costs incurred due to the delivery of Customer’s data to the competent authorities or to the Customer as follows:
a) fee for the delivery of documentation to the Customer – EUR 40.00
b) fee for the delivery of documentation or Customer’s data to competent authorities – EUR 40.00
For the avoidance of any doubt, the fee under a) will not apply requested documentation A-Anticus must provide to the Customer free of charge, in accordance with applicable law,
8. DURATION OF THE RENTAL AGREEMENT
8.1. The rental agreement ends at the end of the term for which it was concluded.
8.2. In case of justified suspicion that the Customer will not return the E-bike or that the E-bike will not be returned undamaged, in the event of minor material damage to the E-bike as well as in the case that the Customer violates the provisions of the rental agreement, the A-Anticus is authorized to terminate the rental agreement.
8.3. In the event of total damage or major material damage to the E-bike due to which the E-bike can no longer be used, the rental contract is terminated ex lege.
8.4. In case of failure or minor material damage, the rental agreement is terminated at the moment when the Customer returns the E-bike to the A-Anticus, i.e. when the A-Anticus takes over the E-bike.
9. RETURN OF RENTED OBJECTS
9.1. After the termination of the rental agreement, the Customer is obliged to immediately return the E-bike with all belongings and submit all documents in correct condition to the office where the E-bike was took over.
9.2. If the Customer does not return the E-bike on time, the A-Anticus has the right to charge the Customer a penalty for each day of delay in the amount of the rent increased by fees for additional services and costs arising from the delay in return. All contracted additional services are extended and all obligations of the Customer still remain in force according to the rent agreement. In case of non-return of the E-bike by the Customer, the A-Anticus has the right to take the same from the Customer or to authorize a third party to do that. The Customer expressly declares that the access of the A-Anticus or a third person authorized by the A-Anticus to take the E-bike to the Customer’s premises is permitted. The costs of takeover and storage of the E-bike are borne by the Customer. The Customer does not have any retained rights on the E-bike.
9.3. If the Customer returned the E-bike before the expiration of the rental agreement, it is considered that the Customer returned it after the expiration of the rental agreement, except in the cases referred to in Article 8.3. and 8.4.
10. TRANSFER OF RIGHTS
10.1. The transfer of rights from the Customer to a third party is possible only with the written consent of the A-Anticus.
11. RESOLUTION OF DISPUTES
11.1. The parties agree that they will resolve any disputes by mutual agreement, and if it fails, the jurisdiction of the competent court in Zagreb and the application of the laws of the Republic of Croatia are agreed upon.
12. ENTRY INTO FORCE
12.1. These Terms and conditions enter into force on April 15, 2024.