RENTAL CONTRACT OF RENTER'S ELECTRIC BICYCLE
Last updated: March 8, 2025
PLEASE READ EACH REGLEMENTATION OF THIS CONTRACT CAREFULLY. IT CONTAINS THE TERMS AND CONDITIONS THAT REGLEMENT THE RELATIONSHIP BETWEEN THE PARTIES.
1. Introduction
"RENTER EBIKE PRIM" S.R.L., with headquarters in Bucharest, Sector 1, Intrarea Gheorghe Simionescu no. 19, ap. B26, registered under no. J40/192/2023, unique registration code 47412342, hereinafter referred to as "Lessor" on the one hand, and the person renting the electric bicycle, hereinafter referred to as "Lessee", on the other hand, together hereinafter referred to as "Parties", and separately - "Party", depending on the context, have concluded this Electric Bicycle Rental Contract regarding the following:
By signing the "Procesului Verbal de Predare-Primire" (Property receipt form), you confirm that you have read and understood the terms of this Contract, you agree to enter into this Contract, you confirm that you have the civil capacity required by law to conclude this Contract, and you acknowledge that this Contract constitutes a legally binding contract between you and the Lessor. If you do not accept or do not understand this Contract, please do not proceed with signing the contract.
2. Contract's object
2.1 Rented Property
Through this Contract, the Lessor undertakes to transfer to the Lessee in temporary rental "the electric bicycle with rented accessories" (hereinafter referred to as "the rented property") with the characteristics indicated at the conclusion of the Handover Protocol. The Lessor guarantees that it is the legal owner of the rented property. The rented property remains the property of the Lessor for the entire duration of this Contract.
2.2 Purpose of the Property
The Parties mutually agree that the rented property, subject of this Contract, shall be used for rental by the Lessee according to the agreed purpose (usually for home deliveries).
2.3 Geographical Limitations
The use of the rented property by the Lessee is permitted only within the territory of Bucharest municipality and Ilfov county. For the use of the rented property outside Ilfov county (but within the territory of Romania), the parties will mutually agree on this matter on the Proces Verbal.
3. Payment and methods of paying the rent
3.1 Rent Payment
The Parties have agreed that for the temporary use and possession (temporary rental) of the rented property with its related accessories, the Lessee undertakes to pay the Lessor a rent in the amount specified at the conclusion of the contract and the Proces Verbal, for the specified period. The duration of the contract may be extended remotely, if both Parties express their agreement on this matter. The Contract will be considered extended when the Lessee pays the Rent for the number of extended days.
3.2 What Is Included
The rent price includes the following: electric bicycle with related rented accessories. During the rental period, the Lessor offers the Lessee free maintenance at the Lessor's location, which consists of periodic replacement / repair of the bicycle's consumable elements.
3.3 Payment Method
Payment for rent, damages, and fines can be made in cash or by card through the POS terminal at the Lessor's location and remotely by bank transfer or payment link. Rent payment takes place in advance for the entire contractual duration, on the date of concluding the Procesul Verbal de Predare-Primire (integral part of this Contract).
3.4 Payment Confirmation
Rent payment is considered received when the Lessor receives from the Lessee a confirmatory act of payment, such as a bank receipt, or any other document attesting that the Lessee has made the money transfer to the Lessor.
The procedure for handover of the rented movable asset
4.1 Place of Handover
The handover of the rented property and its related accessories will take place at the address: mun. București, Sector 3, str. Calea Călărași 172, bloc 57, parter 2.
4.2 Acceptance of Condition
The Lessee accepts the rented property with its related accessories in the condition in which they were handed over by the Lessor at the time of concluding this Contract. Signing the Procesul Verbal de Predare-Primire of the rented property by the Lessee means acceptance by them of the state and condition in which it is found.
4.3 Documentation
The handover of the rented property is carried out according to the Procesul Verbal de Predare-Primire, signed by the Parties, which is an integral part of this Contract.
Special conditions regarding the use of the rented property
5.1 Lessor's Guarantee
The Lessor guarantees the Lessee that it will not hinder the Lessee in the use of the rented property during the execution of this Contract.
5.2 Lessee's Obligations
The Lessee undertakes to properly execute the obligations established in this Contract in the use of the rented property and its related accessories.
5.3 Reporting Damages
In case of partial and/or complete deterioration as well as in other cases of loss of the rented property and its related accessories, during the rental term established in this Contract, the Lessee undertakes to immediately notify the Lessor at the contact phone, as soon as possible, but not later than 1 hour from the occurrence of the defects. The Lessee undertakes to immediately cease using the rented property and its related accessories, including undertakes not to abandon them or leave them without personal supervision. In this case, the Lessee undertakes to immediately present on the same day the rented property with its related accessories at the place of initial handover of the goods for verification of the causes of the defects.
5.4 Manufacturing Defects
In case the situations indicated in the previous point are caused by certain manufacturing defects that are not attributable to the Lessee, the expenses for repairing and removing the defects will be borne by the Lessor, except for 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
In case the situations indicated in point 5.3 are caused as a result of the Lessee's actions and/or third parties to whom they have intentionally or negligently allowed the use of the rented property and its related 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
In case of loss or theft of the rented property and its related accessories, the Lessee undertakes to immediately notify the Lessor at the contact phone as soon as possible, but not later than 1 hour from the occurrence of the events and to immediately present themselves at the Lessor's office from the place of handover of the goods. The Lessee will draw up a statement regarding the circumstances that led to the loss/theft of the rented property and its related accessories. The Lessee will exercise all due diligence necessary for the recovery of the rented property and its related accessories, and if within 7 calendar days the rented property and its related accessories are not recovered and are not returned to the Lessor, the Lessee irrevocably declares and agrees to repair the patrimonial damage caused to the Lessor by compensating the value of the rented property and its related accessories to the Lessor's account, agreed in the Contract as well as the lost income for the period of 7 calendar days, which is calculated based on the term and price of the rent established by the Parties.
5.7 Value of the Property
The value of the rented property and its related accessories is established in the contract according to the Lessor's price list.
5.8 Parking the Electric Bicycle
When parking the electric bicycle, the Lessee undertakes to ensure that they have taken all the usual safety measures, especially during the night or for extended periods of non-use. The electric bicycle is equipped with an anti-theft system, which offers a high degree of protection. At rest, the Lessee is obliged to lock the electric bicycle with the anti-theft device. The anti-theft device must secure the frame and the body to which the electric bicycle is secured, in such a way that the connection thus established cannot be destroyed except by forcing with special tools one of the elements mentioned above. The body to which the electric bicycle is secured must be solid, cannot be pulled out or destroyed without special tools and high enough or so constructed that the electric bicycle cannot be lifted over it. This can be omitted only if the electric bicycle is properly parked in a locked room that is used exclusively by the Lessee or their family members or other persons living in the same dwelling. When the electric bicycle is in a locked room of an accommodation unit, it is sufficient for the anti-theft device to secure only the frame of the electric bicycle and the rear wheel.
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 bicycle's security and to allow the Lessor to track its location in real time. The Lessee consents that GPS location data be collected, stored, and used by the Lessor for this purpose.
6. Rights and obligations of the parties
6.1 Rights and Obligations of the Lessor
The Lessor undertakes to make available to the Lessee the rented property and its related accessories, within the term and conditions agreed in this Contract.
The Lessor undertakes not to hinder the Lessee in the use of the rented property during the execution of this Contract, if the Lessee respects the obligations and conditions provided by this Contract.
The Lessor has the right to prohibit and/or limit the Lessee in the use of the rented property and its related accessories, when the Lessee transfers the rented property and its related accessories to third parties to whom the Lessee has allowed the use in the cases provided by this Contract, in cases where the Lessee is in a state of inebriation caused by any nature and other cases that could cause an increased risk to the life, health of the Lessee, third parties, and the integrity of the rented property with its related accessories. After removing the circumstances that allowed the Lessor to limit the Lessee's use of the rented property and its related accessories, they can continue to use the rented property and its related accessories in accordance with this Contract and the legislation in force.
The Lessor has the right to request the Lessee's compliance with the conditions and terms of payment of the rent and other payments provided in the Contract, including to request the proper execution of the contractual stipulations regarding the handover of the rented property and its related accessories, to request compliance with the special conditions of their use, to request full repair of the patrimonial and non-patrimonial damage caused by the Lessee and/or third parties, including to request the execution by the Lessee of other contractual provisions and obligations provided by the legislation in force.
The Lessor has the right to check the rented property, to undertake visits to ensure that the Lessee uses it according to the indicated purpose, at any time, with prior establishment with the Lessee of the date and time of the visit, except for the situation where the Lessee cannot be contacted by phone at the mobile number or does not answer the call twice in a row.
The Lessor has the right to perform current works on the rented property, under the conditions provided by this Contract with the condition of not hindering the Lessee in the use of the rented property during the execution of this Contract.
During the period of action of this Contract, the Lessor undertakes not to effectively transfer, not to assume any obligations regarding the effective transfer for free or onerous of the rented property and its related accessories, in the use of third parties. The Lessor has the right to conclude legal acts regarding the transfer in rental of the rented property and its related accessories, in the use of third parties on the condition that these produce legal effects after the expiration of the rental period according to this Contract.
The Lessor declares that the rented property and its related accessories transferred in rental to the Lessee comply with all the norms and standards of their use in accordance with the legislation in force.
The Lessor is exonerated from any liability in case the Lessee or the third parties to whom they have entrusted the use of the rented property and its related accessories, have caused an accident or situations in which the Lessee's bodily integrity and health itself has been damaged, third parties being, these bearing full liability according to the legislation in force.
6.2 Rights and Obligations of the Lessee
The Lessee has the right to receive from the Lessor the rented property and its related accessories under the conditions and terms provided by this Contract.
The Lessee undertakes to pay the rent on time and to fully repair the damages caused.
During the rental term established in this Contract, the Lessee undertakes not to transfer the rented property and its related accessories in sublease, not to assign the rights and obligations arising from this Contract, not to hand over the rented property and its related accessories in possession and use to third parties, does not have the right to intervene on the technical state, adjustments of the rented property and its related accessories, without the written consent of the Lessor. In case the Lessee violates this reglementation, they assume the obligation to bear all costs necessary to repair the rented property and its accessories, as well as the value of the rent for the days when these cannot be used for the purpose of rental.
The Lessee does not have the right to perform any repair works on the rented property and its accessories that would lead to the modification of their functionality, to the performance of any other repair works, including capital ones, as well as not to damage the rented property and its accessories without the permission of the Lessor. In case the Lessee violates this reglementation, they undertake to repair the damage caused to the Lessor, corresponding to their value established in the Contract, within 1 (one) working day.
The Lessee undertakes not to use the rented property and its related accessories contrary to the destination and outside the territory agreed by the Parties in accordance with this Contract, its Annexes, and the component parts to this Contract.
The Lessee undertakes to use the rented property and its related accessories according to the destination indicated in the Contract, in accordance with the legislation in force, with good faith and with the diligence of a good owner. The Lessee undertakes to use these goods at their own risk. The Lessee declares, by signing this Contract that, they have experience in using the rented property and its related accessories and knows about the safe use, risks, and accommodation of the rented goods.
The Lessee is obliged to present themselves at least once a month at the Lessor's office to perform free maintenance of the rented property.
The Lessee undertakes to keep and ensure the integrity of the rented property and its related accessories (to execute the safety measures and special use conditions indicated in this Contract, to maintain it in a good technical, fire-prevention, sanitary-hygienic condition, to ensure their guard throughout the rental period, to maintain them in good conditions and to return them in the same conditions in which they received them, taking into account normal wear during the rental period. The return of the rented property and its related accessories is carried out on the basis of a Procesul Verbal de Predare-Primire (type B), under the conditions of this Contract.
The Lessee assumes full responsibility in the use of the rented property and its related accessories for causing any damages and bearing any contravention, civil, criminal sanctions and of any other type.
The Lessee undertakes to respect the special restrictions imposed by the traffic regime provided by the legislation in force, including the restrictions of use and the fire-prevention measures, established for the rented property and its related accessories.
The Lessee undertakes not to use the rented property and its related accessories being in a state of inebriation caused by any nature and other cases that could cause an increased risk to their life, health, third parties, and the integrity of the rented property with its related accessories.
The Lessee undertakes to wear a protective helmet and reflective vest throughout the period of use of the rented property and its related accessories. Otherwise, the Lessee undertakes to repair the damages caused to the Lessor in the manner and conditions established by this Contract and the legislation in force.
The Lessee assumes full patrimonial and non-patrimonial liability (in full volume) and undertakes to repair the damages caused to the Lessor in case the rented property and its related accessories have been partially or totally damaged, in case of theft or any causes of perishing of the rented property and its related accessories, as well as in all cases provided by this Contract and the legislation in force. The Lessee will fully repair the damage caused to the Lessor regardless of the fact whether the damage was caused as a result of their deed or third parties to whom they allowed the use of the rented property and its related accessories. The Lessee will repair the damages caused according to their value established in the Contract, within 1 (one) working day.
The Lessee undertakes to announce in advance with at least 5 (five) calendar days before the end of the rental period, about their intention to continue the contractual rental relationship with the Lessor.
At the end of the rental term indicated in the Contract, the Lessee undertakes to hand over without delay to the Lessor the rented property and its related accessories according to the Procesul Verbal de Predare-Primire, at the place indicated in the Contract, with the condition of usual wear, with the condition of lack of claims of the Lessor regarding the state of the rented property and its related accessories and if applicable, with the condition of full repair of the damages caused to the rented property and its related accessories, in the terms and conditions provided by this Contract.
The Lessee undertakes to hand over to the Lessor the rented property and its related accessories under the conditions indicated in the Contract and the other reglementation of this Contract, with the full compensation, of the value of any damage caused, by them during the rental term and of the lost income, in the terms and conditions agreed in this Contract.
In case the Lessee does not hand over the rented property and its related accessories in the term and under the conditions agreed by the parties in this Contract, the Lessee undertakes to pay to the benefit of the Lessor the penalties established in the Contract.
The Parties expressly agree that the only means of proof regarding the return to the Lessor of the rented property as provided in this Contract is the Procesul Verbal de Predare-Primire (type B), signed without objections by the Lessee.
In case the Lessee refuses to sign the act of handover of the rented property, then the Lessor is expressly empowered by the Lessee hereby, with full power and authority, to sign it both in its own name and as a proxy of the Lessee, the protocol thus concluded being fully opposable to the Lessee.
The Lessee expressly and irrevocably waives any right of retention over the rented property and/or any actions that have or could have the effect of retaining, occupying, or delaying the handover of the rented property to the Lessor on the date of termination for any reason of the Contract.
The Lessee accepts and agrees that, in case they hand over the rented property and its related accessories, before the expiration of the rental term established in this Contract or the Contract terminates before the term for any reason that does not involve the fault of the Lessor, the corresponding amount of the unused rent is not refunded.
The Lessee undertakes in cases of force majeure to take urgent measures to liquidate their consequences, by informing as soon as possible the relevant bodies and the Lessor about their occurrence, but not later than 1 hour from the occurrence of the cases of force majeure.
The Lessee undertakes to manifest good faith and seriousness towards the rented property and its related accessories during the rental period.
The obligations of the Lessee provided by this Contract remain valid until the full execution of the obligations and conditions established by this Contract.
7.1 General Liability
For non-compliance or improper compliance with contractual obligations, the Parties are responsible under the conditions of this Contract and the legislation in force.
7.2 Lessee's Liability
For violation of the reglementation of this Contract, the Lessee will be liable to the Lessor and will fully and completely repair the material and non-patrimonial damage caused under the conditions provided by this Contract and the legislation in force.
7.3 Normal Wear
The Lessee is not responsible for the usual wear of the rented property and its related accessories if they have been used in accordance with the reglementation of this Contract.
9.1 Valid Notification
In the acceptance of the contracting Parties, any notification addressed by one party to the other party is validly fulfilled if the notification will be transmitted to the address provided in this Contract including by sending a written notification (by email, messaging or any other mobile application) to the contact phone indicated by the Parties.
9.2 Electronic Communication
The Parties expressly agree that correspondence carried out by 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 this correspondence will in this case have the probative force of a privately signed document.
9.1 Valid Notification
In the acceptance of the contracting Parties, any notification addressed by one party to the other party is validly fulfilled if the notification will be transmitted to the address provided in this Contract including by sending a written notification (by email, messaging or any other mobile application) to the contact phone indicated by the Parties.
9.2 Electronic Communication
The Parties expressly agree that correspondence carried out by 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 this correspondence will in this case have the probative force of a privately signed document.
9.1 Valid Notification
In the acceptance of the contracting Parties, any notification addressed by one party to the other party is validly fulfilled if the notification will be transmitted to the address provided in this Contract including by sending a written notification (by email, messaging or any other mobile application) to the contact phone indicated by the Parties.
9.2 Electronic Communication
The Parties expressly agree that correspondence carried out by 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 this correspondence will in this case have the probative force of a privately signed document.
9.1 Valid Notification
In the acceptance of the contracting Parties, any notification addressed by one party to the other party is validly fulfilled if the notification will be transmitted to the address provided in this Contract including by sending a written notification (by email, messaging or any other mobile application) to the contact phone indicated by the Parties.
9.2 Electronic Communication
The Parties expressly agree that correspondence carried out by 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 this correspondence will in this case have the probative force of a privately signed document.
9.1 Valid Notification
In the acceptance of the contracting Parties, any notification addressed by one party to the other party is validly fulfilled if the notification will be transmitted to the address provided in this Contract including by sending a written notification (by email, messaging or any other mobile application) to the contact phone indicated by the Parties.
9.2 Electronic Communication
The Parties expressly agree that correspondence carried out by 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 this correspondence will in this case have the probative force of a privately signed document.
9.1 Valid Notification
In the acceptance of the contracting Parties, any notification addressed by one party to the other party is validly fulfilled if the notification will be transmitted to the address provided in this Contract including by sending a written notification (by email, messaging or any other mobile application) to the contact phone indicated by the Parties.
9.2 Electronic Communication
The Parties expressly agree that correspondence carried out by 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 this correspondence will in this case have the probative force of a privately signed document.
9.1 Valid Notification
In the acceptance of the contracting Parties, any notification addressed by one party to the other party is validly fulfilled if the notification will be transmitted to the address provided in this Contract including by sending a written notification (by email, messaging or any other mobile application) to the contact phone indicated by the Parties.
9.2 Electronic Communication
The Parties expressly agree that correspondence carried out by 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 this correspondence will in this case have the probative force of a privately signed document.