PLEASE READ EACH PROVISION OF THIS CONTRACT CAREFULLY. IT CONTAINS THE TERMS AND CONDITIONS GOVERNING THE RELATIONSHIP BETWEEN THE PARTIES.
1. Introduction
"RENTER EBIKE PRIM" S.R.L., with registered office in Bucharest, Sector 3, Calea Călărașilor Street, no. 172, bl. 57, ground floor II, registered under no. J2023000192407, tax identification code 47412342, hereinafter referred to as the "Lessor" on one hand, and the person renting the electric bicycle, hereinafter referred to as the "Lessee", on the other hand, collectively referred to as the "Parties", and separately as "Party", depending on context, have concluded this Electric Bicycle Lease Contract with regard to the following:
By signing the Handover Report, you confirm that you have read and understood the terms of this Contract, agree to enter into this Contract, confirm that you have the legal capacity required by law to enter into this Contract, and acknowledge that this Contract constitutes a legally binding contract between you and the Lessor. If you do not accept or understand this Contract, please do not proceed with entering into the contract.
2. Subject of the contract
2.1 Rented Property
Under this Contract, the Lessor undertakes to provide the Lessee with temporary lease of the "electric bicycle with rented accessories" (hereinafter referred to as the "rented property") with the characteristics indicated at the conclusion of the Handover Report. The Lessor guarantees that it is the legal owner of the rented property. The rented property remains the property of the Lessor throughout the execution of this Contract.
2.2 Purpose of the Property
The Parties mutually agree that the rented property, subject of this Contract, is to be used by the Lessee in accordance with the agreed purpose (usually for home deliveries).
2.3 Geographical Limitations
Use of the rented property by the Lessee is permitted only within the territory of Bucharest municipality and Ilfov county. For use of the rented property outside Ilfov county (but within Romania), the parties shall mutually agree upon this matter.
3. Payment and method of rent payment
3.1 Rent Payment
The Parties have agreed that for the temporary use and possession (temporary lease) of the rented property with its accessories, the Lessee undertakes to pay the Lessor a rent in the amount specified at the conclusion of the contract and Handover Report, for the specified period. The contract duration may be extended remotely if both Parties express their agreement. The Contract shall be considered extended when the Lessee pays the Rent for the number of extended days.
3.2 What Is Included
The rental price includes the following: the electric bicycle with its rented accessories. During the lease period, the Lessor provides the Lessee with free maintenance at the Lessor's location, consisting of periodic replacement/repair of the bicycle's consumable parts.
3.3 Payment Method
Payment for rent, damages, and fines can be made in cash or by card via POS terminal at the Lessor's location, remotely via bank transfer or payment link. Rent payment takes place in advance for the entire contractual period, on the date of signing the Handover Report (an integral part of this Contract).
3.4 Payment Confirmation
Rent payment is considered received when the Lessor receives from the Lessee a confirmatory document of payment, such as a bank receipt, or any other document attesting that the Lessee has made the money transfer to the Lessor.
3.5 Rent Extension
If the Lessee does not return the Rented Property on the contract expiration date and continues to use it, it is considered that the Lessee tacitly agrees to extend the contract.
3.5.1 The extension shall be for a period of 7 (seven) days, under the same contractual and commercial conditions, including the applicable rent, calculated at the weekly rate in effect.
3.5.2 The extension takes effect automatically starting from the day immediately following the contract expiration date.
4. Method of handover of the rented movable property
4.1 Handover Location
The handover of the rented property and its accessories shall take place at the address: Bucharest municipality, Sector 3, Calea Călărași 172, block 57, ground floor 2.
4.2 Acceptance of Condition
The Lessee accepts the rented property with its accessories in the condition in which they were handed over by the Lessor at the time of entering into this Contract. Signing the Handover Report by the Lessee means acceptance of the state and condition of the rented property.
4.3 Documentation
The handover of the rented property is carried out according to the Handover Report, signed by the Parties, which is an integral part of this Contract.
5. Special conditions regarding the use of the rented property
5.1 Lessor's Guarantee
The Lessor guarantees the Lessee that it will not interfere with the Lessee's use of the rented property during the execution of this Contract.
5.2 Lessee's Obligations
The Lessee undertakes to properly fulfill the obligations established in this Contract regarding the use of the rented property and its accessories.
5.3 Reporting Damage
In case of partial and/or complete deterioration as well as in other cases of loss of the rented property and its accessories, during the lease term established in this Contract, the Lessee undertakes to immediately notify the Lessor at the contact phone number, as soon as possible, but no later than 1 hour from the occurrence of the defects. The Lessee undertakes to immediately cease use of the rented property and its accessories and also undertakes not to abandon them or leave them unattended. In this case, the Lessee undertakes to immediately present the rented property with its accessories on the same day at the initial handover location for verification of the causes of defects.
5.4 Manufacturing Defects
If the situations indicated in the previous point are caused by certain manufacturing defects not attributable to the Lessee, the costs for repair and elimination of defects shall be borne by the Lessor, except those caused by the Lessee's fault. In this case, the Lessor undertakes to provide the Lessee with another equivalent property as soon as possible, depending on availability.
5.5 Damages Caused by the Lessee
If the situations indicated in point 5.3 are caused as a result of the actions of the Lessee and/or third parties to whom the Lessee has intentionally or negligently permitted use of the rented property and its accessories, the Lessee personally assumes full patrimonial and non-patrimonial liability (in full volume) and undertakes to repair the damages caused to the Lessor in the manner and conditions provided by this Contract.
5.6 Loss or Theft
5.7 Property Value
The value of the rented property and its accessories is established in the contract according to the Lessor's price list.
5.8 Electric Bicycle Parking
5.9 GPS Monitoring
The Lessee declares that they agree and understand that the rented property will be equipped with a GPS monitoring system. The purpose of this system is to ensure the security of the bicycle and to allow the Lessor to track its location in real time. The Lessee consents to GPS location data being collected, stored, and used by the Lessor for this purpose.
7. Liability of the parties
7.1 General Liability
For non-compliance or improper compliance with contractual obligations, the Parties are liable under the conditions of this Contract and applicable legislation.
7.2 Lessee's Liability
For violation of the provisions of this Contract, the Lessee shall be liable to the Lessor and shall fully repair the material and non-patrimonial damage caused under the conditions provided by this Contract and applicable legislation.
7.3 Normal Wear
The Lessee is not liable for normal wear of the rented property and its accessories if they have been used in accordance with the provisions of this Contract.
8. Termination of contractual legal relations
8.1 Standard Termination
Legal relations between the Parties cease upon expiration of the period for which the Contract was established according to point 3.1 of this Contract. The Contract is considered definitively terminated only after the Lessee personally returns to the Lessor the electric bicycle and its accessories, under the conditions provided in this Contract, and after both Parties sign the Return Handover Report (Type B Handover Report).
Upon return of the electric bicycle, the Lessor's representative shall inspect the electric bicycle and its accessories to identify any deterioration exceeding normal wear and to verify the existence of all items indicated in the initial Handover Report (Handover Report no. 1). The Lessee shall participate, as far as possible, in this inspection and shall sign the Return Handover Report.
If the electric bicycle and its accessories show deterioration exceeding normal wear, shortages, or losses compared to the condition recorded in the initial Handover Report, the Lessee shall be responsible for compensating the damage according to the values indicated in the Annex regarding the value of rented goods and related penalties, established in this Contract.
If the electric bicycle cannot be fully inspected at the time of return for reasons attributable to the Lessee (including their refusal to participate or cooperate in the inspection), the Lessor is entitled to perform the inspection in the Lessee's absence, and the findings included in the Return Handover Report shall be enforceable against the Lessee and shall produce full legal effects.
8.2 Lessor's Right of Termination
This Contract may be terminated by the Lessor before term, with 7 calendar days' notice, through a written notification addressed to the Lessee at the addresses indicated in this Contract, including by sending a written notification (via messaging or any other mobile application – WhatsApp, Telegram) to the contact phone number indicated by the Parties in this Contract.
8.3 Lessor's Right of Unilateral Termination
The Lessor may unilaterally terminate this Contract, without notice, through a written declaration addressed to the parties at the addresses indicated in this Contract, including by sending a written notification (via messaging or any other mobile application – WhatsApp, Telegram) to the contact phone number indicated by the Parties in this Contract, in cases where the Lessee:
- does not use the rented property in accordance with the provisions of the contract;
- intentionally or negligently admits deterioration of the property or creates a real danger for such deterioration;
- subleases the rented property and its accessories without the Lessor's written consent, assigns the rights and obligations arising from this Contract without the Lessor's written consent, hands over the rented property and its accessories in possession and use to third parties without the Lessor's written consent, uses the rented property and its accessories in a state of intoxication of any nature, intervenes in the technical condition or settings of the rented property and its accessories without the Lessor's written consent;
- violates traffic regulations, technical safety standards, fire safety, sanitary-hygienic standards, and standards of good-faith use of the rented property and its accessories, which could affect the Lessor's image;
- violates any other provisions of this Contract and/or legal provisions.
8.4 Lessee's Right of Termination
The Lessee is entitled to request termination of this Contract in cases where:
- they have lost their work capacity and cannot use the movable property given in lease;
- they are deprived of liberty and cannot fulfill their contractual obligations.
8.5 Contract Modification
The Lessor reserves the right to unilaterally modify the terms of this Contract. Any modification of the Contract terms shall be immediately applicable to new Lessees. For existing Lessees, the modification of terms shall produce legal effects only after signing a new Handover Report through which they express their explicit agreement regarding the new terms. In the absence of signing a new Handover Report by existing Lessees, the initial terms remain in force until the expiration or termination of the Contract. If the Lessee does not accept the proposed new contractual terms, they may immediately terminate this Contract, without penalties or other additional obligations, by immediately returning the rented property and its accessories to the Lessor, in accordance with the contractual provisions regarding their return.
9. Notification
9.1 Valid Notification
In the understanding of the Contracting Parties, any notification addressed by one party to the other party is validly fulfilled if the notification is transmitted to the address provided in this Contract, including by sending a written notification (via email, messaging, or any other mobile application) to the contact phone number indicated by the Parties.
9.2 Electronic Communication
The Parties expressly agree that correspondence conducted via email, messaging, or any other mobile application – Viber, WhatsApp, Telegram, even in the absence of an electronic signature, constitutes admissible evidence in case of a dispute between them regarding the interpretation, execution, or effects of this Contract, and that such correspondence shall have in this case the probative force of a document under private signature.
10. Force majeure
10.1 Exclusion of Liability
Neither Party is liable for non-performance or improper performance – total or partial – of the obligations incumbent upon it under this Contract, if the non-performance or improper performance was caused by force majeure and is due to an event beyond reasonable control, namely: natural disasters, fire, state of war, floods, hurricanes, explosions, acts of terrorism.
10.2 Notification Requirement
The Party invoking force majeure is obligated to notify the other Party within 1 (one) calendar day from the occurrence of the event and to take all possible measures to limit its consequences.
10.3 Extended Force Majeure
If force majeure circumstances last more than 7 (seven) days from the date of invocation, the Parties are entitled to terminate this Contract.
11. Confidentiality
11.1 Confidential Nature
The Parties declare and guarantee that the subject of the Handover Report (an integral part of this contract) is strictly confidential.
11.2 Prohibition of Use
Neither Party shall use confidential information for its own interests or the interests of third parties.
11.3 Information Exchange
Information exchanged by the Parties in connection with the terms of this Contract shall constitute "Confidential Information" and shall be kept strictly confidential by the Parties. Without the prior written consent of the Party, the Parties shall not disclose, reveal, or permit the disclosure thereof in whole or in part to any person other than the intended recipient or other persons, and for purposes other than the fulfillment of obligations regarding the subject of this Contract.
11.4 Duration of Confidentiality
Confidentiality obligations established under this Contract shall remain valid for a period of 12 months from the termination/ending of this Contract.
11.5 Non-Disclosure to Third Parties
The Parties shall not disclose and shall ensure that none of their third parties or other persons disclose the terms of this Contract to any third party. Any such terms shall remain strictly confidential at all times and shall survive any termination/expiration of this contract or any other confidentiality obligations on the part of the Parties.
12. Applicable law and dispute resolution
12.1 Applicable Law
This Contract shall be governed by the legislation of Romania, and any dispute arising from or in connection with this Contract, including its conclusion, execution, interpretation, annulment, or nullity, shall be resolved in the courts of Romania.
12.2 Place of Filing Action
In case of non-performance by the Lessee towards the Lessor of the obligation to pay rent, related payments, and repair of any damages caused, the Parties mutually agree that the action regarding debt collection and repair of damages caused may be filed by the Lessor against the Lessee at the court having jurisdiction at the place of performance of the obligation (the Lessor's legal headquarters indicated in the Contract).
13. Final provisions
13.1 Enforceable Title
The Parties expressly acknowledge that this Contract and the Handover Report concluded as a document under private signature, registered with the tax authorities, constitute an enforceable title for the payment of rent by the Lessee, as well as for the return of the rented property at the end of the contractual period.
13.2 Equal Negotiation
The Parties confirm that this Contract was negotiated (including regarding the provision concerning the jurisdiction of courts) and concluded in good faith, from equal negotiating positions, without being constrained or forced by circumstances, excluding the applicability of any legal provisions regarding adhesion contracts or standard, unusual, or abusive clauses, and that signing the Contract in this form implies the express agreement of the Parties with regard to all contractual clauses.
13.3 Necessary Agreements
The Parties undertake to enter into all agreements necessary for the proper execution of this Contract.
13.4 Delivery of Notifications
All notices, requests, and messages sent by the Parties to each other in accordance with this Contract are considered received: in case of personal delivery – on the date indicated on the copy of the document, which remains with the sender. In case of registered letters – on the date of the stamp applied on the envelope by the postal office at the addressee's address. In case of sending notifications via messaging or any other mobile application – WhatsApp, Telegram – upon the appearance of proof of message delivery in the mobile application used.
13.5 Waiver of Rights
In case of breach by one of the parties of its obligation(s), the non-exercise by the injured party of the right to request exact or equivalent performance of the respective obligation does not mean that the injured party has waived this right.
13.6 Severability
If at any time, any provision of this Contract is or becomes illegal, invalid, or unenforceable in any respect, under the legislation and jurisdiction, neither the legality, validity, or enforceability of the other provisions of this Contract shall be affected or negatively influenced thereby.
13.7 Integral Parts of the Contract
The following Handover Reports are an integral part of this Contract and shall produce the same legal effects as this Contract:
- Handover Report no. 1 - The handover report of the rented property;
- Handover Report no. 2 - The handover report of the rented property (upon return).
14. Value of rented goods and penalty summary
In case of deterioration, loss, or non-compliance with the contract, the following rates may be applied (Price includes VAT):
14.1 Electric Bicycle and Accessories:
- Electric Bicycle Without Battery: 5000 RON
- Front Light: 75 RON
- Rear Light: 50 RON
- Anti-theft Chain: 120 RON
- Phone Holder: 50 RON
- Battery: 1500 RON
- Kickstand: 75 RON
- Chain Keys: 50 RON
- Battery Keys: 50 RON
- Front Fender: 50 RON
- Rear Fender: 200 RON
14.2 Bicycle Components:
- Fork: 350 RON
- Front Wheel: 200 RON
- Battery Lock: 100 RON
- Crankset: 80 RON
- Electric Display: 200 RON
- PAS Sensor: 60 RON
- Gear Shifter: 35 RON
- Handlebar: 50 RON
- Electric Controller: 350 RON
- GPS: 250 RON
- Grips: 40 RON
- Frame/Derailleur Hanger: 80 RON
- Front Hub: 20 RON
- Tire: 200 RON
- Seat Post: 50 RON
- Saddle: 75 RON
- Electric Motor: 600 RON
- Rear Wheel (without motor): 200 RON
- Hydraulic Brake System: 200 RON
- Chain: 50 RON
- Pedal: 40 RON
- Rear Sprockets: 90 RON
- Brake Disc: 40 RON
14.3 Penalties
Additional penalties are established that may be applied in case of non-compliance with the obligations provided in the Contract. These penalties are in addition to those specified in the Contract and may be applied during the contract term, based on a justification note prepared by the Lessor, or upon its termination, based on the Return Handover Report.
- In case of loss or theft of the rented property, the Lessee has the option to request the Lessor, by application addressed to the correspondence address indicated in the Contract, to make all necessary efforts to recover the rented property - lost or stolen - in exchange for a fee of 400 RON. If, within 7 calendar days, the rented property - lost or stolen - is not recovered as a result of the Lessor's efforts, this shall not exempt the Lessee from the obligation to compensate the value of the rented property, according to points 14.1 and 14.2 of the Contract, as well as lost income for the entire period during which the Rented Property was not recovered, calculated based on the term and rental price established by the Parties.
- If the Lessee returns the rented property late, they shall pay an amount equal to the number of days of delay, and in addition to this amount, an additional fee shall be applied:
- 500 RON if the delay period exceeds 7 days;
- 1000 RON if the delay period exceeds 14 days.
This additional fee does not apply only if the Lessor was notified in advance of the delayed return and approved it, in which case the Lessee shall pay only the amount corresponding to the days of delay.
- If the rented property is returned very dirty (with mud or any other substances), the Lessee shall pay a penalty of 50 RON. The Lessee has the option to clean the bicycle at the time of return directly at the Lessor's office, thus avoiding the penalty.
- If the rented property is left unattended and is not attached to a rigid structure with the anti-theft chain, in accordance with the Contract provisions, a penalty of 100 RON shall be applied.
- If the rented property is not kept overnight in a dwelling or enclosed space where only the Lessee and/or their family members have access, a penalty of 200 RON shall be applied.
- If upon return of the rented property it is found to have been operated under extreme conditions, such as excessive deterioration of tires and brake pads due to violent and frequent braking, deep scratches on the bicycle frame, accessories, or bicycle parts resulting from the bicycle falling, a penalty of 100 RON shall be applied.
- If the Lessee has allowed a third party to use the rented property through free use or sub-lease, a penalty of 200 RON shall be applied.
- In case of late payment of amounts due, the Lessee owes compensation for delay, as follows:
- 20 RON / day for the first 7 days of delay;
- for the period between day 8 and day 14, a fixed compensation of 500 RON;
- for delays exceeding 15 days, a fixed compensation of 1000 RON.
These amounts represent a reasonable estimate of the damage caused to the Lessor by non-payment on time and blocking of the Rented Property, without excluding the Lessor's right to request full repair of proven damage, under the conditions of the law.
Email: contact@renter.bike
Phone: 0752229990
Address: Bucharest, Sector 3, Calea Călărași 172, block 57, ground floor 2, 030629.
With respect, The Renter Team.