Information about VeloLists

Terms of use

Velo Lists terms of use

Velo Lists is a web service made by Velo Lists AS, in Trondheim - Norway. 

Velolists is a social media service that allows its users to list and rent bicycles and communicate with each other. The Velolists-service may only be used in accordance with these terms of use. The service provider reserves the right to change these terms of use if required.

Rights of Content

The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.

Disclaimer

The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.

The Removal of a User

The service provider has the right to remove any users from Velolists and terminate their right of use of the service without any specific reason and without being liable for compensation.

Applicable Jurisdiction

The jurisdiction that is applicable in this service and these terms of use is that of Finland, unless something else is required by binding law.


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BIKE RENTAL AGREEMENT

 

IMPORTANT - READ THIS CAREFULLY BEFORE AGREEING TO RENT A BIKE.

 

For the purposes of this Agreement, The VeloLists website is herby referred to as the “Site”; and (a) the “Renter” is the person renting the Bike and any other equipment using an account created on the Site), and the “Lister” is the owner or authorized agent for the Bike made available for rent via the Site. This Bike rental agreement (“Agreement”) is a binding agreement between Renter and Lister. Velolists AS (“Velolists”) is a party to this Agreement solely to the extent necessary to facilitate the rental transaction, provide a guarantee or insurance, if applicable, and collect and pay any fees that may be owed hereunder, and is otherwise a third party beneficiary of this Agreement.

 

Lister enters into this Agreement and allows Renter to rent and use the Bike, along with any associated equipment (the “Rental”) only on the condition that Renter accepts all of the terms in this Agreement. By entering into this Agreement to rent and use the Bike, Renter acknowledges that

 

·         he or she has read and understood this Agreement;

 

·         he or she agrees to be bound by all of the terms of this Agreement;

 

·         he or she is knowledgeable with respect to the type of equipment being rented and adjustments required for safe operation and use; and

 

·         if Renter is not properly qualified with respect to bicycling, as applicable, Renter is hereby advised to seek assistance of a qualified technician with proper evaluation, adjustment and tuning of equipment.

 

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT THE BIKE OR ANY OTHER EQUIPMENT.

 

This Agreement is effective on the date Renter agrees to the terms and conditions as provided herein (“Effective Date”). Renter and Lister agree as follows:

 

1.  RENTAL

 

1.1  Agreement to Rent. By accepting this Agreement, Lister agrees to rent the Bike to Renter, and Renter agrees to rent the Bike from Lister, on the terms and subjects to the conditions set forth herein, and for the period agreed via the Site (the “Rental Period”).

 

1.2   Condition of Bike. By making the Bike available for rent hereunder, and agreeing to the terms of this Agreement, Lister represents and warrants that (a) he or she is the sole owner of the Bike, or that he or she has full agency or other authority to enter into this Agreement and to rent the Bike to Renter; (b) the Bike has been accurately described on the Site, including any known faults or mechanical issues; (c) except as clearly set forth on the Site,


the Bike is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Renter to attain his or expected use of the Bike during the Rental Period, other than adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. Unless expressly agreed, the Rental does not include additional equipment, such as lights, locks, helmets, car racks, child seats, or GPS devices.

 

1.3   Refunds and Cancellations. All Rentals are subject to our Cancellation Policy, which is set forth as Appendix A below and at https://www.velolists.blog/cancellation-and-refunds/

Please note that Rentals from bike shops, either directly using an in-store kiosk, or via the Velolists website or mobile application, may also be subject the bike shop’s cancellation policy.

 

1.4  VELOLISTS GUARANTEE. Velolists provides a limited guarantee to Listers for Rentals in Covered Countries (defined below) of up to €5,000 for bicycles, subject to requirements set forth on the Site (www.velolists.com). Lister understands that the velolists guarantee is limited to loss or damage to the bike during the scheduled rental period, and does not cover ordinary wear and tear, any repairs paid for by the renter, or any loss or damage occurring prior to or after conclusion of the scheduled rental period. “wear and tear” includes all cosmetic damage, including scratches. the velolists guarantee covers only damage that compromises the functionality or safety of the bike. furthermore, the guarantee does not cover any other property damage, injuries, loss of use or incidental, special or punitive damages - such damages may only be recovered from a renter. the velolists guarantee does not cover bikes that are stored outside and unsupervised at night (including any time from 2200h to 0600h.), and listers are advised to notify all renters of this exclusion. furthermore, lister acknowledges and agrees that the velolists guarantee is only available if accurate and current photographs of the Bike have been included with the listing prior to the Rental period, and to the extent such photographs are sufficient to establish the make, model, components and condition of the Bike and any accessories (if applicable). All claims under the velolists guarantee must be initiated within twenty-four (24) hours of return of the Bike; late claims will not be honored. Therefore, we strongly encourage all Listers to examine their Bikes for safety and functionality as soon as possible following return. No exceptions to the 24-hour rule will be made.

 

All claims for damage must include photographic evidence of the claimed damage; however, Velolists reserves the option to require a physical inspection prior to making any claims of payment towards Renter under the VELOLISTS GUARANTEE. Any claim for a stolen Bike must be accompanied by a police report to be valid. For all claims, Lister may be required to provide additional documentation, such as purchase receipts for the Bike and any components, maintenance records, and such other documents as Velolists may request in its reasonable discretion.

 

If Lister is entitled to coverage under the Velolists Guarantee for lost or stolen Bikes, or where the repair cost would exceed the replacement value of the Bike, Velolists will make commercially reasonable efforts to provide the Lister with a Bike that is of a similar make, model and year, and with similar components and other aftermarket parts. If the Bike or components are not reasonably available at standard retail prices Velolists reserves the right to provide a Bike of equal quality and/or value. In order to determine the value of the Bike and/or components in question, Velolists will use market indicators to determine the fair market value. These values are determined by year, condition, and overall value and may use the following sources: product manufacturers websites, our network of industry partners and bicycle shops, e-commerce websites such as Craigslist and Ebay, BicycleBlueBook.com, and other reliable sources to be used at Velolists's discretion. Velolists may use other relevant factors in its reasonable discretion.

 

In the case of damage, the repair cost of the Bike shall be in Velolists’s reasonable discretion, in consultation with professional repair personnel knowledgeable in the appropriate field, and shall account for any salvage value of the Bike, if applicable. Lister will be entitled to select a preferred repair shop, but any costs in excess of Velolists’s estimated repair cost shall be Lister’s sole responsibility.

 

“Covered Countries” currently consist of Norway, Sweden, Denmark, Germany, United Kingdom, Ireland, Spain, Italy, Portugal, France, Netherlands, Switzerland, Belgium, Austria, Japan, New Zealand and Australia. The list of Covered Countries is subject to change from time to time, and this Agreement will be updated to reflect any such changes.

 

The VELOLISTS GUARANTEE only provides coverage for Bikes rented through the Velolists platform. No coverage is provided for third party property, personal injuries or other losses, which are the sole responsible of the Renter or the Lister, as applicable.

 

  Certain Listers may have a separate agreement with Velolists. In this event, the terms

  of the VELOLISTS GUARANTEE may be superseded by such agreement.

       

1.5   Lister Obligations. If there is damage to a Bike during a Rental, the Lister must notify Velolists within twenty-four (24) hours of completion of the Rental Period or prior to any subsequent rental or other use, whichever occurs first. If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the Rental. Lister shall be responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc.

 

If Renter does not return a Bike at the end of the Rental Period, and does not agree within twenty-four (24) hours to schedule a new return time, or does not return the Bike at such rescheduled return time, then Lister agrees to file a report with the applicable police department and provide a copy of such report to Velolists. In filing the report, Lister is required to notify the police department of the VELOLISTS GUARANTEE, and that Velolists may ultimately be subrogated to Lister’s right to recovery of the Bike. Lister must also authorize the police department to discuss and provide any information regarding the case with Velolists.

 

 

2.  RENTER OBLIGATIONS

 

2.1  Usage. No other person may drive or otherwise operate the Bike except Renter. Renter is prohibited from carrying any passengers on the Bike at any time (except on cargo bikes and tandems, or Bikes with integrated or attached child seats). Renter may not add any kind of seat or modification to allow someone to Bike on the rear fender of a rented bicycle, and no one may Bike on the handlebars of a rented bicycle at any time. Renter is prohibited from pulling or towing any passenger or object with the Bike at any time (except for bike trailers, when authorized by the Lister). Renter is also responsible for making proper adjustments to the Bike and associated equipment, if any, to match Renter’s height, weight and skill level. Renter is advised to seek professional assistance with these adjustments. Without limiting the assumption of risk and waivers set forth in Section 3, Renter knowingly and voluntarily waives any claim it may have against Lister and Velolists with respect to the proper adjustment of seat posts and other equipment. Renter is obliged to reset all adjustments made during the rental, to the original settings.

 

Renter must follow all laws, rules and regulations, as well as posted signs and warnings. Renter should always be aware of road and trail conditions, as well as weather and other environmental factors which may affect safe operation of the Bike. Renter is responsible for securing the Bike at all times, including the use of theft prevention devices, where appropriate, and only storing the Bike in an enclosed area at night. Renter is also responsible for any injuries to themselves or other people, or damage to the Bike or any other property during the Rental Period.

 

The safety of accompanying passengers in any attached or provided equipment (not limited to, but including any child-related equipment) is Renter’s responsibility and Renter agrees to monitor the condition of the equipment and its passengers at all times. Renter also acknowledges that, in many jurisdictions, helmets are required for minors under a certain age. Renter is responsible for being familiar with and complying with such laws. Furthermore, certain Listers may require helmets for all Bikers and passengers; in such case, Renter agrees to wear a protective helmet, and to cause authorized users and passengers to wear protective helmets, at all times while operating the Bike.

 

2.2   Return. Renter agrees to return the Bike to Lister in the same condition as received, except for ordinary wear and tear (which does not include flat tires) and ordinary adjustments meant to fit the Bike to the user’s height, weight and skill level, on the due date and time and at the location specified by Lister at time of rental. Renter understands that there will be additional charges if the Bike is returned at a different time, date, or location than indicated in this Agreement, including late charges and additional rental charges at no less than the daily or hourly rate applicable to the Rental.

 

If Renter fails to return the Bike at the agreed date, time and location, and has not agreed with Lister or Velolists on an alternate delivery time and location within 24 hours of the scheduled delivery time, or Renter fails to return the Bike at the rescheduled time and place, then (a) Velolists shall determine that Renter does not intend to return the Bike; (b) Velolists will charge Renter’s payment method for the full retail value of the Bike, along with any other fees due to Velolists; (c) Velolists or Lister may lawfully repossess the Bike; and

(d) Velolists and Lister may exercise any other rights or remedies, and take any other necessary measures, to repossess the Bike and/or collect the full amount owed by Renter hereunder.

 

 

2.3  Repossession. Lister may repossess the Bike at any time if: (a) the Bike is used in violation of law; (b) it appears the Bike is abandoned, (c) the Bike is used in violation of any term or condition in this Agreement, (d) Renter made a misrepresentation to Lister or (e) Renter fails to return the Bike when due. Lister is not required to notify Renter in advance of repossession.

 

2.4  Prohibited Use. Use of the Bike is restricted to the general geographical area agreed upon by Renter and Lister. Renter will not operate the Bike outside of this area and will not remove Bike from this area. Renter agrees not to use or permit the Bike to be used for hire or in any


location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bike to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to Lister for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph. Bikes may not be stored outside overnight, with or without theft prevention devices. Bikes stored outside at night are not covered by the VELOLISTS GUARANTEE. Lister may not approve overnight storage, and Renters are advised that any approval or direction by Lister will not relieve Renter of potential liability.

 

2.5  Damage to Bike. Renter shall pay Lister for all losses and/or damage to the Bike, except for ordinary wear and tear that does not impact the usability of the Bike or significantly impact the resale value of the Bike, regardless of fault (e.g. Renter agrees to pay for the loss or damage even though someone else caused the damage or is at fault). The determination of whether damage impacts the usability or resale value of the Bike shall be made by Velolists in its sole discretion. Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible, and regardless of any measures Renter may have taken to secure or protect the Bike, including any instructions or security devices provided by Lister. If the Bike is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value, if any.

If the Bike is damaged beyond reasonable repair (as determined by Lister), Renter shall be responsible for the retail fair market value of the Bike, less any salvage value if applicable. In addition to the above, Renter shall also be responsible for the reasonable down time (“Loss of Use”) if the solution for the case takes more than 10 business days, reasonable administrative fee as determined by Lister or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Renter shall be responsible for paying Loss of Use at the daily rate for each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if Renter: (a) abuses the Bike or uses or operates the Bike other than as specified in this Agreement; (b) drives or uses the Bike recklessly; (c) drives or uses the Bike while under the influence of alcohol or a controlled substance; (d) fails to promptly report an accident to the police and Lister; (d) fails to complete an accident report; (e) obtains the Bike through fraud or misrepresentation; or (f) uses the Bike for an illegal purpose. Renter authorizes Lister to collect from a responsible third party any applicable loss and/or damage. In the event Lister obtains a recovery from a third party after Renter has paid Lister for all or part of any loss, Lister will refund to Renter any excess above the amount of the loss plus administrative fees and other collection costs and attorneys' fees incurred.

 

2.6  Payment. Renter agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental, including, without limitation, charges for loss and/or damage to the Bike. Renter specifically agrees and authorizes Velolists to apply any charges to the method of payment used by Renter at the time of rental.

 

2.7  Booking and Payment. Renter authorizes Velolists to charge the amounts due as a result


of the Booking Rental process to Renter’s credit card. Charges for upcoming rentals will be processed at the time of the booking. Velolists may cause an additional charge authorization to be processed against Renter’s credit card or other payment method as a security deposit, which will be credited back to Renter’s payment method upon satisfactory return of the Bike without damage or delay. Velolists is also authorized to make additional charges to Renter’s credit card related to late return fees, Bikes that are lost or damaged during the Rental Period.

 

2.8   Repairs. If Renter experiences any malfunctions with the Bike during the Rental period, Renter should immediately notify Velolists and Lister to obtain authorization for repairs. Renter agrees that he or she will be responsible for any unauthorized repairs or modifications to the Bike. Renter understands that Lister will not reimburse Renter for any authorized repairs without receipts. All repairs needed as a result of the use of the Bike will be performed at prevailing labor rates in the area and the cost of such repairs, including all parts, shall be paid by Renter. Lister shall be responsible for returning the Bike to its prior state due to adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. If a malfunction compromises the safety or usability of a Bike during a Rental, the Renter should contact the Lister immediately and arrange for return of the Bike to the Lister. In such an event, the cost for any remaining days of the Rental would be refunded to the Renter.

 

2.9   Ownership. The Bike, at all times, remains the exclusive property of Lister. Renter is responsible for damage to or loss of Bike. If the Bike is lost, destroyed or damaged beyond repair in the judgment of Lister, Renter agrees to pay Lister the value of Bike.

 

3.  RISK AND LIABILITY TERMS

 

3.1    Acknowledgement of Risks. Renter understands and acknowledge that the Bike is provided “as is” and without warranties. Renter further understands and acknowledges that bicycling is a hazardous activity that entail known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. Renter understands that such risks cannot be eliminated by Lister without jeopardizing the essential qualities of this activity. The risks include, without limitation, falling, collision with highway or roadway vehicles, striking obstructions or other person, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration).

 

Renter acknowledges all the risks of operating a Bike on streets, roads, ski and snowboard trails, ungroomed trails, bike paths, bike lanes, in traffic and any other environment where the Bike might be used, including but not limited to the risks of serious bodily injury or death from falling off the Bike, colliding with, bicycles, motorcycles, motor vehicles or other objects, hitting potholes, trees, poles or lifts, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, brakes failing or other mechanical failure, and hazards relating to terrain and weather conditions. Renter understands that protective gear such as helmets and gloves are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident.


3.2     Assumption of Risk. Renter knowingly, intelligently and voluntarily assume all risks related to the operation and possession of the bike, including, without limitation any bodily injury or death to any person, or property damage to any property which may result from the operation of the bike or possession of the bike even if such loss or damage is due to any negligence of Lister, Velolists, their agents, employees, officers, partners, members, successors and/or assigns. Despite knowing all associated risks, renter freely assumes all risks of personal injury and/or damage in the operation of this bike and renter agrees to hold Lister and Velolists harmless from all claims of injury or damage.

 

3.3    Waiver and Release. In consideration of Lister renting the Bike, Renter specifically releases and forever discharges Lister, Velolists, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Renter may suffer while renting this Bike and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Lister, Velolists, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that Renter release Lister and Velolists and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Lister or Velolists or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Renter fully recognizes that if injury, illness, death or damage occurs while engaged in renting this Bike or participating in bicycling or any other activity associated with the Bike, Renter will have no right to make a claim or file a lawsuit against Lister, Velolists or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage.

 

3.4  Indemnification. Renter agrees to indemnify and hold harmless Lister and Velolists and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney's fees) arising from, related to, or in any way connected with, or resulting from Renter’s participation in this activity or use of the Bike, including the possession, use, operation, or return of the Bike, and including any such claims which allege negligent acts or omissions on the part of Lister or Velolists. Should Lister, Velolists or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Renter agrees to indemnify and hold them harmless for all such fees and costs.

 

4.   Third Party Claims. Neither Lister nor Velolists shall be responsible if Renter causes injury to another person or if Renter damages another bicycle, vehicle or personal property of another. Renter agrees to protect, defend, indemnify and hold Lister and Velolists harmless and pay any claim, including attorneys’ fees, brought by a third party arising out of Renter’s use of the Bike and for any liability associated with any personal accident/injury as a result of Renter’s use of the Bike.

 

4.1   Insurance. Renter certifies that he or she has adequate insurance to cover any injury or damage Renter may cause or suffer while participating in the activity, or else Renter agrees to bear the costs of such injury or damage. Renter understands and agrees that Lister and/or Velolists may make a claim against any insurance coverage Renter maintains, whether liability, casualty, personal or health insurance, in the event of any loss, injury, death or


damage to person or property while using or operating the Bike. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Renter of any liability hereunder.

 

4.2   Physical Condition. Renter understands the he or she should be in good physical health to participate in bicycling. Renter certifies that Renter has no medical or physical conditions which could interfere with Renter’s safety in this activity, or else Renter is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.

 

5.  GENERAL PROVISIONS

 

5.1  No Warranty. The bike is provided to renter on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the bike is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose. Without limiting the foregoing, Lister does not warrant that the Bike or any rental will meet renter’s requirements.

 

5.2  Limitation of Liability.

 

(a)   To the maximum extent permitted by applicable law, in no event shall lister or velolists, their affiliates, agents, directors, employees, or suppliers be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from any rental or the use of, or inability to use, the bike.

 

(b)  if lister or velolists, or their affiliates, agents, directors, employees, or suppliers be liable are found to be liable, such liability to renter or to any third party is limited to the greater of (a) the total fees paid hereunder and (b) $100.

 

(c)  This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if velolists has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

5.3    Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by either Lister or  Renter.

 

5.4     Third Party Beneficiary. Velolists shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to Velolists herein.

 

5.5  Governing Law. This Agreement shall be governed by the internal substantive laws of the country of Norway, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between Renter and Lister that arises in whole or in part from the rental of the Bike shall be decided exclusively by a court of competent jurisdiction closest to Lister’s residence.


5.6    No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

5.7    Entire Agreement/Severability. This Agreement shall constitute the entire agreement between Renter and Lister concerning the rental of the Bike. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.


                                                                                Exhibit A

                                                                Velolists Cancellation Policy

 

The following Cancellation Policy applies to all Rentals through Velolists. For Rentals through bike shops, additional conditions and policies may apply.

 

(a)   In the event a Rental is cancelled by Renter within four (4) hours after booking (other than for same day Rentals, which are subject to Section (d) below), then all funds shall be returned to Renter.

 

(b)    In the event a Rental is cancelled by Renter at least four (4) days prior to commencement of the Rental Period and Section (a) above does not apply, then all funds shall be returned to Renter, less the applicable Velolists fee.

 

(c)   In the event a Rental is cancelled by Renter at least two (2) days but less than four

(4) days prior to commencement of the Rental Period and Section (a) above does not apply, then 50% of the Rental Fee shall be returned to the Renter. The Renter shall not receive any refund of the applicable Velolists fee.

 

(d)     In the event a Rental is cancelled by Renter less than 48 hours before commencement of the Rental, the Renter shall not be eligible for any refunds.

 

(e)  If upon delivery of the Bike or, within the first twenty-four (24) hours of the Rental Period, Renter reasonably determines that the Bike does not materially conform to the Lister’s description of the Bike, then Renter may notify Velolists of the deficiency and request a refund. Further, if Lister does not deliver the Bike at the place and time agreed, then Renter shall be entitled to a full refund (including Velolists fees), but Lister will be charged a €20 euro administrative fee.

 

(f)   If a Rental must be canceled during the Rental Period due to a mechanical failure, the Renter will be eligible for a full refund, if the cancellation takes place on the first day of the Rental Period. Otherwise, any refunds shall be calculated on a pro rata basis based on the number of days elapsed compared to the total number of days in the Rental Period.

 

(g)    Refunds shall only be granted after commencement of the Rental Period in extraordinary circumstances. Renter and Lister may mutually agree to shorten a Rental Period after commencement, in which case Renter would receive a partial refund; however the Velolists Fee charged to Lister and Renter shall be calculated using the entire booked Rental Period.

 

(h)    Lister Cancellation Policy: Cancellations can have serious implications on a Renter's trip, therefore there are penalties that will be applied for a Lister’s cancellation. If a Lister cancels any reservation within 48 hours prior to pick up, The Lister be charged a fee of €20 euro. In addition, if a Lister cancels more than one reservation within a six-month period, the Lister may charged up to €10 euro per cancellation. Any cancellation fees will be automatically deducted from a Lister’s future payouts; if future payouts are insufficient to cover cancellation fees, then Velolists is authorized to charge Lister’s credit card on file, or take such other actions to collect from Lister as Velolists deems necessary or reasonable in its sole discretion.


(i)   Velolists shall determine all refunds in its reasonable discretion. In the event either Lister or Renter is not satisfied with Velolists’s determination, their sole recourse shall be to seek payment or refund of fees from the Renter or Lister, as applicable.

 

(j)   In the event of the failure of Lister or Renter to appear for scheduled delivery of the Bike, the parties may choose to reschedule the Rental Period rather than accept the penalties or refunds set forth above. In such event the parties must arrange such rescheduled delivery through the Site, or otherwise notify Velolists as soon as practicable.

 

(k)   Each party should be aware that Renters and Listers are entitled to post reviews on the Site with respect to cancelled Rentals.