Disclaimer and Terms of Service for the use of bikes (project bikes) related to the project OneWorldBike

General Terms of Use and Service

§1 General

1. The project bikes can be used by any person from the age of 18 years.
2. The project bicycles may only be used in the usual way, in compliance with the legal regulations, in particular to the road traffic regulations.
It must not be used off the paved track and for any purpose other than the intended use.
3. The value of a project bike amounts to 100€.

§2 Costs
The useage of the project bikes is free of charge.

§3 Duties of the user

1. The user is obliged to use the project bike exclusively for himself. Commercial use as well as the rental of the project bikes to third parties is excluded.
2. The user is obliged take particular care when handling the project bike and to observe all technical rules. The project bike may only be parked, temporary as well as permanent, in an unlocked condition.
3. Before starting the use of the project bike, the user is obliged to familiarize himself with the general functioning of the project bike and examine it for obvious defects that impair road safety.
4. If a technical defect appears at the beginning of use that could impair road safety or if it becomes apparent during use, the user must stop using the project bike immediately and report the issue. Minor defects such as tire damage, wheel rim damage or switching defects shall also be reported.
5. The user is obliged to notify the project operator immediately if the project bike has been involved in an accident or has been lost. In the event of an accident, the user must notify the police and record the names and addresses of all persons involved and pass this information on to the project operator and to the autority.

§4 Terms of privacy

1. Personal data can be transmitted by the user to the project operator as part of the damage report or as part of an accident report.
2. For the project operator, the protection of personal rights, in particular the protection of personal data and confidential information, is an essential part. The project operator will therefore comply with the legal regulations on data protection in every respect.
3. The data is processed on the basis of Article 6, paragraph 1, letter b) of the General Data Protection Regulation (GDPR).
4. It will not be passed on to third parties unless there is an obligation to transmit data to the investigating authorities as part of an inquiry (Article 6 (1) (c) GDPR). In this case, the project operator may be obliged to forward the user's personal data to the investigating authorities if there is evidence that administrative offense or criminal proceedings have been initiated.
5. Every user has the right to request information about their personal data stored by the project operator at any time, as well as the right for correction or deletion or for restriction of processing or to data transferability and a right to object to the processing.
6. In addition, the user has a right of appeal to the  authority.

§5 User Liability

1. If the project bike is damaged through improper handling, the user is liable for the damage incurred. This also applies to intentionally caused loss or if the user steals the project bike from the designated area.
2. The user does not have to pay compensation for wear and tear on the project bike if this results from the designated or contractual use.

§6 Liability of the project operator

The project operator is only liable for intentional action and gross negligence.

§7 Restriction of Use
The project operator is entitled to withdraw from the contract immediately if the terms of the contract are violated. The project bike must then be returned to the project operator immediately.

§8 Intended place of use and allowable range
1. The intended place of use is marked on the respective project bike, on the bike frame. For example, a project bicycle with the designation “Oehna 008” is intended exclusively for use in the district of Oehna (Niedergörsdorf). Use outside of the intended location/district can take place temporary if the user who removed the project bike from the location brings it back to the intended location on the same day. A long-term or permanent transfer from the intended location can be classified as misappropriation and/or theft.

2. Within the intended place of use, parking the project bike is only permitted in public areas. Parking the project bike in private areas that are inaccessible to the public is not permitted.

§9 Duration of Use

1. The duration of use is not limited.
2. The usage ends immediately when the project bike is parked. No reservation of the bike is possible.



Disclaimer for project bike use

I. Contractual relationships

The project operator OneWorldBike acts as the provider of the project bicycles. By using a project bike, the user accepts the terms of use and the disclaimer.

II. Project bike takeover
Before use, the user must familiarize himself with the functioning of the project bike. The user is obliged to check the project bike for road safety, functionality and defects before starting to use the bike. If there is a technical defect at the start of use that could obviously impair roadworthiness, the user must inform the project operator and stop using the project bike immediately. The project bike may only be used for private purposes. The user undertakes to ride the project bike himself and to park it in the public area of ​​the "intended place" after use (see Terms of Use §8 for "intended place").

III. Insurance
Insurance of any kind is in the responsibility of the user. By using the project bike, the user confirms that they have sufficient cover for the risks associated with riding the project bike. Driving on all roads and paths is at your own risk, which entails participation in road traffic. The project operator rejects any liability. The project bike is not insured against theft. The project bike must never be locked, not after usage and for parking.

IV. Physical protection
The project operator recommends wearing helmets and sufficient physical protection. The project operator rejects any liability in this matter.

V. Liability of the user
The use of a project bike is entirely at the users risk and peril. Every user of a project bike is responsible under civil and criminal law for personal injury, damage to property or financial losses caused by him. The user releases the project operator OneWorldBike from any liability. The user is fully responsible for any damage resulting from negligence or improper use of the project bike. Use for racing purposes, an unusual or uncontrollable driving style and driving on unpaved roads is prohibited. In the event of accidental damage, intentional removal from the intended place of use (see §8 for "intended place of use") or improper treatment of the project bike, the user is liable for the repair costs.
In the event of total write-off due to negligence or improper use the user is responsible for the replacement value of the project bike. The user is responsible for compliance with traffic regulations (StVo).

VI. Liability of the project operator

The project operator is only liable for intentional action and gross negligence.

VII. Conditions

Furthermore, reference is made to the terms and conditions, which are part of the terms of use and explain the details. The terms and conditions can be viewed at the project operator. By using it, the user declares that he has read the terms of use and limitations of liability and agrees to them. Use of the project bikes without consent is not permitted.