General Terms and Conditions

Enzian s.r.o. (hereafter referred to as „GTC“)

Published by: Enzian s.r.o., Vacínova 1848/2, Prague 8, ID: 28386094

This version of the GTC is an integral part of the Sports Equipment Lease Agreement, concluded between Enzian sro, Vacínova 1848/2, Prague 8, Company Identification Number: 28386094 (hereafter referred to as the “Lessor”)  and the Lessee identified in the title of the Sports Equipment Lease Agreement (hereafter “Lesee”).

1. Based on the Lease Agreement, the Lessor leaves to the Lessee for temporary use the sports equipment specified in the Lease Agreement as the Subject of the Lease and the Type Designation (hereinafter referred to as the “Subject”).

2. The Lessee has taken over the Subject of the lease, fully functional and eligible for the purpose of the lease

3. The Lessor is not liable for damages incurred by the Lessee through the use of the Subject or for other damages directly related to its use.

4. The Lessee is entitled to use the Subject only for the purposes for which it is intended by the manufacturer, while he is obliged to ensure that it is not damaged by events he could have foreseen (e.g. it is forbidden to ride off the marked paths or bike paths, ski in terrain where there is no continuous snow cover, dry ski boots on or near heat sources, where there is a risk of thermal damage, etc.).

5. The Lessee is entitled to allow the use of the Subject to third parties, but is liable for damage to the Subject as if he used it himself.

6. The Lessee is not entitled to make any modifications and interventions on the Subject.

7. The lease is concluded for a definite period. The Lessee is obliged to return the Subject of the Lease to the Lessor at the Enzian s.r.o. establishment on the day and time of the end of the lease in a condition corresponding to adequate wear, without damage.

8. The Lessee is liable for all damages caused by him to the Subject of Lease, especially if the Subject of Lease is damaged by careless handling or riding outside the officially open tracks. The Lessee is also responsible for the loss of the Subject. In these cases, the damage is paid by the Lessee when returning the Subject back to the Lessor according to standard retail prices.

9. In the event of complete impairment of the Subject or part thereof, the Lessee is obliged to compensate the Lessor for the damage in the amount of the recommended retail price of the Subject or its unusable part.

10. If the Lessee does not return the Subject to the Lessor no later than the last hour of the agreed lease term, there is no change of lease for an indefinite period and the Lessor is entitled to demand a contractual penalty from the Lessee in the amount corresponding to the rent for the Subject for 1 day for each and every hour of delay, until payment

11. If the Lessee returns the Subject of the Lease before the end of the agreed lease period, the already paid rent will not be refunded.

12. The Lessor reserves the right to request a deposit for a certain type of object of rent, which serves as security in case of damage, destruction or loss of property.

13. The Contracting Parties declare that they assume the risk of a change of circumstances and that any change of circumstances does not give any of the Contracting Parties the right to assert any related claims. The Contracting Parties hereby expressly exclude the application of §2230 of the Civil Code to their mutual relations incurred in connection with it.

14. The Contracting Parties declare that they are aware of the legal consequences associated with the conclusion of the Lease Agreement and that they enter into the Lease Agreement on the basis of free, serious will, without any coercion.

15. The Lease Agreement is drawn up in two copies, each of the contracting parties will receive one copy.

16. The contract is governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., The Civil Code, as amended.

17. The Lease Agreement becomes valid and effective on the day of its signing.

18. By signing the Agreement, the Lessee acknowledges and agrees that:

a) he has carefully checked the sports material (the subject of the lease) upon receipt,

b) was instructed in the „Rules of Safe Riding“ when handing over the equipment.

c) He took over the certified safety helmet of the approved type free of charge for the e-bike according to a special legal regulation (EN1078), reducing the consequences of an accident, was instructed on the obligation of proper use of the e-bike, took over the security lock free of charge and was instructed on the need to secure it against theft for its fixed part (frame) to a solid obstacle (stand, building, railing), the lock reduces the risk of theft, but cannot completely prevent it,

d) children under the age of 15 may use the subject of the lease only in the company of a person over the age of 18,

e) the ride of more than one person on sports equipment (the subject of the lease) is prohibited,

f) The leased object is not intended for towing additional trailers or other bikes,

g) uses the object of the lease exclusively at his own risk, he must assess for himself whether he is medically and physically fit to safely manage the selected activity,

h) returns the leased object cleaned of coarse dirt or snow,

i) at the time of taking over the equipment, signing the lease, is not under the influence of alcohol or drugs,

j) the Lessor has adjusted the rented bicycle according to the data from the Lessee (on height, weight and cycling skills) and aware that false information can adversely affect the safety of riding on the Leased Item.

k) safety binding of skis only reduces the risk of injury when skiing, but cannot completely prevent it,

l) the Lessor has adjusted the safety binding of the rented skis according to the data (on the height, weight, age, length of the shoe sole and ski skills of the Ski Lessee) communicated to the Lessee by the Lessee and that any false information may adversely affect the functioning of the safety binding,

m) is aware that if during the term of the Agreement there is a change in the facts according to which the Lessor has adjusted the safety binding of rented skis (Subject of the lease), i.e. if the Lessee changes the height or weight or length of the sole or ski skills, the correct functioning of the safety binding must be re-adjusted by the Lessor according to the current values,

n) in the event of a delay in returning the Subject of Lease, the Lessor is entitled to report the subject of the lease as lost or stolen Czech Police,

19. By concluding a lease, the Lessee acknowledges that the Lessor will, in accordance with the relevant provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter „GDPR“), process his personal data obtained from his identity card or passport, or otherwise specified by him. Specifically, these are the name, surname, date of birth, number and type of identity document, validity date of identity document and photograph (hereinafter referred to as „personal data“).

(a) the purpose of the processing of personal data: the exercise of rights and obligations under the lease and these conditions;

b) means and method of personal data processing: automatically and manually in electronic and printed form;

c) Personal data may be processed by the lessor for the time necessary to fulfill the rights and obligations arising from the lease agreement, or for the time strictly necessary to resolve disputes originating from the concluded lease agreement;

d) Personal data processed for the fulfillment of obligations arising from special legal regulations may, in justified cases, be transferred by the controller to law enforcement authorities.

20. The lessor informs the lessee that they have the right to:

(a) obtain from the lessor a confirmation as to whether or not personal data concerning them are being processed and, if so, have the right to access such personal data and the following information: the purposes of the processing, the categories of personal data concerned, the recipients to whom personal data have been or will be disclosed, in particular recipients in third countries or international organizations, the planned period for which the personal data will be stored or, if this cannot be determined, the criteria used to determine this period, the existence of a right to correction or deletion of personal data concerning the data subject or restrictions on their processing and/or to object to such processing, the right to lodge a complaint with the supervisory authority.

(b) the lessor corrects inaccurate personal data concerning them without undue delay. Taking into account the purposes of processing, they have the right to supplement incomplete personal data, including by providing an additional statement.

(c) that the lessor deletes personal data relating to them without undue delay and that the lessor is obliged to delete the personal data without undue delay if one of the following reasons arises: the personal data are no longer needed for the purposes for which they were collected or otherwise processed, the lessee withdraws his consent and there is no other legal title for their processing, the personal data have been processed unlawfully, the personal data must be deleted in order to fulfill the legal obligation laid down in Union or Member State law applicable to the lessor.

d) the lessor restricts the processing of their personal data if they deny their accuracy for the period of verification by the lessor, the processing is illegal and the lessor requests instead of deletion their limited processing, the data are no longer needed for processing, but is needed to determine, perform or the defense of legal claims.

e) that the Lessor, at their request, transfer their personal data to another Administrator designated by them.

f) object to the processing of my personal data by the lessor.

g) in case of doubts as to whether their personal data are being processed by the lessor in the sense of the above-mentioned legal regulations, contact both the lessor and the Office for Personal Data Protection

21. The Lessor reserves the right to change these general conditions.

These GTC are valid from 1.5.2021