§ 1 Use of the Ampler Bike
(1) The test ride is intended to give the test rider the opportunity to get to know the Ampler Bike in terms of function, riding characteristics, ease of use, possible uses, etc. – i.e. usability – and thus to become conclusive about the purchase of this or another bicycle.
(2) The test rider deposits his valid identity card or driving licence with the Ampler Ambassador for the duration of the test ride. Copies of the identity card or the driving licence will not be made.
(3) The test rider affirms that his fitness to drive is free of any drug, alcohol or illness restrictions which could influence the ride and that he is familiar with the operation of the type of bicycle used.
(4) The test rider undertakes to handle and operate the Ampler Bike carefully and properly, not to leave it to third parties or rent it out, to comply with road traffic regulations and to secure the Ampler Bike against theft using the existing lock.
(5) In the event of damage or an accident in which the Ampler Bike provided to the test rider is involved, the test rider undertakes to inform the Ampler Ambassador immediately, as far as possible also directly from the accident site, and in the event of accidents involving no personal injury, if possible, to bring about a police accident recording. If a police accident recording is not possible, the test rider must prepare a detailed accident report at the accident site. In the event of accidents involving personal injury, the police must always be called in to record the accident. The immediate information obligation also applies in the event of theft, other destruction (e.g. seizure) and a technical or other defect (e.g. breakdown) of the Ampler Bike.
§ 2 Return of the Ampler Bike
The Ampler Bike is to be returned by the test rider at the end of the agreed period of use at the place of delivery in clean condition. If the agreed return time is exceeded, the test rider is liable for all damages to Ampler GmbH (“Ampler”) and the Ampler Ambassador resulting from the withholding of possession. In addition, Ampler and the Ampler Ambassador are entitled to claim appropriate compensation from the test rider for the period of withholding the Ampler Bike beyond the time of return. Further claims for damages remain unaffected.
§ 3 Liability of the Test Rider
(1) The test rider is at all times riding the Ampler Bike at his own risk and shall be personally responsible for a proper and safe use of the Ampler Bike.
(2) The test rider shall be liable to Ampler and the Ampler Ambassador, subject to paragraph 2, for all culpably caused damage (including loss, destruction and confiscation) which occurs from the time of acceptance to the time of return.
(3) Notwithstanding paragraph 1, the test rider shall only be liable for damage caused by slight negligence if this has been agreed.
(4) No liability exists for damages due to normal wear and tear. Otherwise, liability is limited to damage not covered by an agreed bicycle insurance policy.
(5) The test rider holds Ampler and the Ampler Ambassador harmless from all claims arising from the violation of laws, regulations or other provisions in connection with the use of the Ampler Bike. The same applies to third party claims due to accidents, as long as the liability insurance of Ampler or the Ampler Ambassador does not cover the damage.
§ 4 Liability of Ampler and the Ampler Ambassador
(1) The role and responsibility of Ampler and the Ampler Ambassador is limited to providing an Ampler Bike that is in a technically perfect condition fully in accordance with technical specifications applicable to the type of bike made available. Ampler and the Ampler Ambassador do not accept any liability for the use made of the Ampler Bike including for any physical damage as a consequence of improper or inappropriate use.
(2) Any liability on the part of Ampler or the Ampler Ambassador for breach of its contractual obligations shall be limited to intent and gross negligence. If Ampler or the Ampler Ambassador is liable for damage caused by slight negligence due to statutory provisions, Ampler and the Ampler Ambassador are liable only to a limited extent: Liability exists only in the event of a breach of material contractual obligations, such as those which the test ride agreement intends to impose on Ampler or the Ampler Ambassador according to its content and purpose, or the fulfilment of which is essential for the proper execution of the test ride agreement and on the observance of which the test rider regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract.
(3) Insofar as the liability of Ampler or the Ampler Ambassador is excluded or limited, this shall also apply to the personal liability of the legal representatives, vicarious agents and employees of Ampler and the Ampler Ambassador.
(4) The limitations and exclusions of liability in paragraphs 1 and 2 shall not apply to claims arising from fraudulent conduct by Ampler or the Ampler Ambassador, nor to liability for guaranteed characteristics, to claims under the Product Liability Act and to damages arising from injury to life, body or health.
§ 6 Miscellaneous
(1) These General Terms and Conditions and the entire legal relationship between the test rider and Ampler as well as the Ampler Ambassador shall be governed by the laws of The Netherlands.
(2) Should a provision in these General Terms and Conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
(3) Verbal side-agreements are invalid.