The General Terms and Conditions

 

  1. General Safety Tips

Share the Space: Whether on the road, bike path, or shared pedestrian areas, respect the people around you by allowing ample space when passing. Follow all local road rules and regulations to ensure a safe and enjoyable ride.

Drive Defensively: Always ride with caution, assuming that others may not see you. Use approved hand signals for turning and stopping to communicate your intentions to other road users.

Use Lights: Keep the front and rear lights on your electric bicycle activated while riding after sunset, during severe weather conditions, and in tunnels. Proper lighting enhances visibility and safety.

Wear a Helmet: Your helmet should fit snugly, with no more than two fingers of space from your eyebrows. If you fall off and experience a serious knock to the body or head, seek medical attention. Wearing a helmet is not just a recommendation; it’s a responsible choice.

Start Off Slow: If you’re new to riding an electric bicycle, take the time to get a feel for it first. Find your balance and understand the controls before you go racing off. Practice in a safe area if needed.

Secure Storage: Always secure the electric bicycle in a safe and legal manner when not in use. Use the provided lock and choose locations that are well-lit and visible.

Obey Traffic Laws: Adhere to all local traffic laws and regulations. This includes stopping at stop signs and traffic lights, riding in the correct direction, and yielding to pedestrians.

Avoid Distractions: Refrain from using mobile devices, headphones, or engaging in any activities that may distract you while riding.

Avoid Intoxication: Do not operate the electric bicycle while under the influence of alcohol, drugs, or any other substances that may impair your ability to ride safely.

Inspect the Bicycle: Before starting your ride, quickly inspect the bicycle for any visible damage or issues with the brakes, tires, or other essential parts. Report any concerns to Flexoow immediately.

Have Fun: Riding an electric bicycle is not only a convenient mode of transportation but also an enjoyable experience. Most of all, enjoy being out and about, exploring your surroundings, and trying something new.

 

  1. Definitions

The terms used throughout these General Terms and Conditions will have the following meanings:

General Terms and Conditions: These terms and conditions applicable to all subscriptions offered by Flexoow or its affiliates via the Flexoow platform.

Rental Customer: Refers to the individual or entity entering into this Subscription agreement with Flexoow.

Subscription: The recurring rental agreement between the Rental Customer and Flexoow for the Rental Customer’s use of the electric bicycle, as well as any other agreement between the Rental Customer and Flexoow.

Electric Bicycle: Electric bicycle offered via a subscription by Flexoow to the Rental Customer under these General Terms and Conditions.

End Date: The date of termination of the Subscription by way of revocation by the Rental Customer, as defined in Article 7.2.

Fixing: By either repairing the rented object or changing it for another one, Flexoow fixes a problem for the Rental Customer concerning their subscription.

Additional Services: The services Flexoow provides in addition to the subscription, as defined in Article 16.

Flexoow: The website platform located at www.flexoow.com, with a wp-signup.phped address at 11 K.Kavafi Street, 7562, Larnaca, Cyprus (Registration Number HE 446917). Flexoow can be reached by phone at +357 96662345 or by email at support@flexoow.com.

Deductible: The amount that the Rental Customer is responsible for paying in the event of theft or damage to the electric bicycle, as detailed in the corresponding appendix.

Applicable Law: All provisions within these General Terms and Conditions are governed by the laws of the European Union and the Republic of Cyprus.

 

  1. Applicability

Scope: These General Terms and Conditions apply to all subscriptions, agreements, and interactions between Flexoow and the Rental Customer. They govern the relationship and obligations of both parties concerning the use of electric bicycles provided by Flexoow.

Acceptance: By subscribing to a Flexoow subscription and checking a designated checkbox during the subscription process, the Rental Customer acknowledges and agrees to be bound by these General Terms and Conditions. Any use of Flexoow’s services constitutes acceptance of these terms.

Variations: Arrangements between Flexoow and the Rental Customer that differ from or are in addition to these General Terms and Conditions shall be applicable only if they have been directly verified in writing by Flexoow via email.

Inclusive of VAT: All amounts stated by Flexoow include Value Added Tax (VAT) as applicable under the laws of the Republic of Cyprus.

Conflict with Other Terms: In the event of any conflict between these General Terms and Conditions and any other agreement, policy, or terms, these General Terms and Conditions shall prevail unless expressly stated otherwise in writing by Flexoow.

Changes to Terms: Flexoow reserves the right to modify or update these General Terms and Conditions at any time. Any changes will be communicated to the Rental Customer in advance via email and will become effective from the date specified in the notice. Continued use of Flexoow’s services after such changes constitutes acceptance of the revised terms.

Language: These General Terms and Conditions are provided in English. In the event of any discrepancy between the English version and any translated version, the English version shall prevail.

Contact: For any questions or concerns regarding these General Terms and Conditions, the Rental Customer may contact Flexoow at the wp-signup.phped address or through the contact details provided in Section 2.

 

  1. Subscription

Subscription Duration: The Subscription or rental period can range from one day to one month, as chosen by the Rental Customer at the time of booking. The subscription will be automatically extended for equal periods unless terminated by either party.

Included Accessories: A chain lock with one key or key-code comes with the electric bicycle. The Rental Customer is entitled to free repairs and maintenance under the Subscription (please refer to Article 5 for more details).

Deposit: Additionally, a deposit will be required for each electric bicycle rental through the Flexoow platform. This deposit will be held by Flexoow at the time of delivery and will be returned to the Rental Customer when the bicycle is returned in the same condition as when it was taken. If the bicycle is returned with damage beyond normal wear and tear, or if it is lost, the deposit may be partially or fully withheld. The Rental Customer will be informed of the amount and terms of the deposit, including any applicable fees or deductions, at the time of booking. The deposit will be held through a POS system, and the Rental Customer must have a Visa or MasterCard to facilitate this process. The deposit and its handling are subject to the laws and regulations of the European Union and Cyprus.

Key Management: Flexoow always retains a spare key to the electric bicycle. If the key gets lost or damaged, the Customer must request a new key from Flexoow. The costs involved are EUR 15 per key. The rental customer is not permitted to have backups of the key or more than one key in their possession.

Restrictions on Use: The electric bicycle remains the property of Flexoow at all times. The rental customer shall not establish or assign any security interest or other rights in relation to the electric bicycle to a third party.

Age Requirement: Individuals who are at least 16 years old are permitted to use the bicycles provided by Flexoow. For individuals under 18 years of age, the subscription contract must be created by a parent or legal guardian who is at least 18 years old. This parent or legal guardian will be responsible for all obligations under this agreement and must accompany the minor during the subscription process.

Service Area: Flexoow provides service only within specified areas. The Rental Customer is allowed to take the electric bicycle outside of these areas, but certain services such as delivery, maintenance, and pickup may not be included in the subscription.

Advertisement: If the electric bicycle contains advertisement, the Rental Customer must directly contact Flexoow if the advertisement has been damaged or if an advertisement completely disappears from the Bicycle.

Compliance with Laws: The rental customer must comply with all applicable laws and regulations, including road rules and safety regulations, while using the electric bicycle.

Personal Liability: The Rental Customer will be personally liable for compliance with these General Terms and Conditions and is responsible for the care and proper use of the electric bicycle.

Changes or Modifications: No changes or modifications to the electric bicycle that cannot be reversed without damaging the bicycle can be made by the rental customer.

 

  1. Conditions

Proper Use: The rental customer must use the electric bicycle normally and take good care of it. The electric bicycle is designed specifically for the Rental Customer’s personal use.

Multiple Users: If the electric bicycle is booked using the VAT number of the Rental Customer, the electric bicycle can be used by multiple people. This is applicable for corporate or business rentals.

Bank Account Requirement: The Rental Customer must have a SEPA bank account number. This is required for processing payments, including subscription fees and deposit returns.

Ownership: The electric bicycle will remain the property of Flexoow at all times. The rental customer shall not be entitled to establish or assign any security interest or other right in relation to the electric bicycle.

Liability for Compliance: The Rental Customer will be personally liable for compliance with these General Terms and Conditions.

Updates to Records: The rental customer is responsible for immediately transmitting updates to Flexoow’s known records, such as a new address.

No Irreversible Changes: No changes or modifications to the electric bicycle that cannot be reversed without damaging the bicycle can be made by the rental customer.

Service Area Limitations: Flexoow provides the service only within specified areas. The Rental Customer is allowed to take the electric bicycle outside of these areas, but certain services may not be included in the subscription.

Responsibility for Damage or Loss: The rental customer is responsible for any damage or loss to the electric bicycle and must report such incidents to Flexoow promptly. See Appendix: Losing what you rent for details on compensation amounts in case of loss or damage.

Compliance with Local Laws: The rental customer must comply with all applicable local laws and regulations in Cyprus and the EU, including but not limited to road safety and environmental regulations.

 

  1. Flexing

Flexing Service: Flexoow aims to flex (repair or replace) the electric bicycle within 24 hours after the customer has contacted Flexoow by phone, email, or other designated communication channels. If the appointment is made over the weekend, Flexoow tries to flex the subscription within 48 hours. Flexing takes place by appointment with the client.

Service Limitations: Flexing will only take place in case of a defect, loss, or theft of the electric bicycle, and only within the city limits in which Flexoow is active.

Unjustified Flex: If the Rental Customer requests a Flex appointment without a valid reason, such as a defect, loss, or theft of the electric bicycle, Flexoow is entitled to charge a fee of EUR 15 for an ‘Unjustified Flex’. If an appointment is made with Flexoow and the Rental Customer does not show, it is also considered an unjust Flex.

Exchange Process: When Flexoow exchanges the subscription, the Rental Customer will transfer the electric bicycle, including the corresponding lock and key.

Customer Obligations: The Rental Customer must cooperate with Flexoow in scheduling and completing the Flexing service and must provide accurate information regarding the condition and location of the electric bicycle.

Service Area: Flexing is available only within the designated service areas as defined by Flexoow. The Rental Customer must ensure that the electric bicycle is within these areas to avail of the Flexing service.

Additional Charges: Flexoow may apply extra fees for Flexing in specific situations. For instance, if the electric bicycle is located outside the predefined service zones or if there’s a need for specialized tools or extra effort to finalize the Flexing process. As an example, delivering a bike to Limassol incurs an additional charge of €35. All such charges will be informed to the Rental Customer beforehand.

Termination of Subscription: Either party may terminate the subscription with a notice period of 30 days. Early termination by the Rental Customer may result in a penalty fee, as outlined in the Appendix.

Data Protection and Privacy: Flexoow is committed to protecting the privacy and security of the Rental Customer’s personal data. All personal data collected by Flexoow will be handled in accordance with Flexoow’s Privacy Policy and in compliance with relevant data protection laws, including the General Data Protection Regulation (GDPR) of the European Union.

Return Condition: Upon the termination of the subscription, the Rental Customer is required to return the electric bicycle, along with any provided accessories, in a condition similar to that at the time of rental, accounting for normal wear and tear.

Compliance with Laws: All Flexing services will be conducted in compliance with applicable laws and regulations in Cyprus and the EU.

 

  1. Dispute Resolution

Initial Resolution Attempt: In the event of a disagreement or dispute between Flexoow and the Rental Customer, both parties agree to work in good faith to resolve the issue amicably through direct communication.

Mediation: If the parties are unable to resolve the dispute through direct communication, they agree to engage in mediation with a neutral third-party mediator before resorting to litigation. The costs of mediation will be shared equally between the parties unless otherwise agreed upon in writing.

Arbitration: If mediation is unsuccessful, the parties may agree to resolve the dispute through binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the rules of a recognized arbitration institution as mutually agreed upon by the parties.

Litigation: If the parties are unable to resolve the dispute through mediation or arbitration, either party may then seek resolution through litigation in a court of competent jurisdiction.

Jurisdiction and Venue: All disputes arising under or in connection with these General Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus.

Legal Fees: In the event of litigation, the prevailing party shall be entitled to recover its reasonable legal fees and court costs from the non-prevailing party.

 

  1. Indemnification

Indemnity Obligation: The Rental Customer agrees to indemnify, defend, and hold harmless Flexoow, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: a. The Rental Customer’s use or misuse of the electric bicycle; b. The Rental Customer’s breach or violation of any of these General Terms and Conditions; c. The Rental Customer’s violation of any rights of a third party, including but not limited to intellectual property rights or privacy rights.

Notice and Cooperation: Flexoow shall promptly notify the Rental Customer of any such claim and shall cooperate with the Rental Customer (at the Rental Customer’s expense) in the defense of such claim. Flexoow reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Rental Customer, and in such case, the Rental Customer agrees to cooperate with Flexoow’s defense of such claim.

Survival: This indemnification section shall survive the termination or expiration of this Subscription and these General Terms and Conditions.

 

  1. Terms of the Subscription and Cancellation

Subscription Duration: The Subscription or rental period can range from one day to one month, as chosen by the Rental Customer at the time of booking. After this period has ended, the Subscription will each time be extended automatically for a period equal to the initial Subscription period, unless terminated by either party.

Pro Rata Calculation: The costs of the Subscription for the first rental period will be calculated pro rata based on the number of days remaining in the relevant period on the basis of the chosen rate, whether daily, weekly, or monthly.

Cancellation Process: After cancelling the Subscription, the Rental Customer will be entitled to use the electric bicycle until 7 days after the cancellation date and will be obliged to pay the costs of the Subscription until the End Date. No reimbursements will be made in case the End Date is prior to the ending of the rental period. To cancel the Subscription, the Rental Customer must send a cancellation request via email to support@flexoow.com or through their online account on the Flexoow platform.

Return of Bicycle: The Rental Customer must return the electric bicycle to Flexoow on the End Date at the latest. If the Rental Customer returns the electric bicycle prior to the End Date, this would void all the Rental Customer’s privileges under the Subscription, without recourse to the duty of the Rental Customer to pay the entire amount of the Subscription before the End Date.

Reactivation of Subscription: The rental customer can reverse the cancellation at any time and reactivate the subscription by sending an email to Flexoow before the electric bicycle has been returned to Flexoow.

Deposit: The deposit held by Flexoow at the time of delivery will be returned to the Rental Customer when the bicycle is returned in the same condition as when it was taken. The deposit will be held through a POS system, and the Rental Customer must have a Visa or MasterCard to facilitate this process. The deposit and its handling are subject to the laws and regulations of the European Union and Cyprus.

Penalties for Late Return: If the electric bicycle has not been returned to Flexoow by the Rental Customer before or on the End Date, the Rental Customer will owe a penalty of EUR 5 each day, starting immediately after the End Date, until the electric bicycle has been returned back to Flexoow.

Embezzlement Reporting: If, within seven days after the end date, the electric bicycle has not been returned to Flexoow and the subscription has not been reactivated, Flexoow will report embezzlement of the Rental Customer to the appropriate authorities. In that case, the Rental Customer will also be obliged to compensate Flexoow for the loss suffered, as defined in the relevant appendix.

Third-Party Ownership: The Rental Customer is aware that the subscriptions used might be owned by a third party. In this scenario, the Renter will be obliged to return the rented item to the third party, subject to reimbursement for the remainder of the rental period.

Notification of Changes: Flexoow will notify the Rental Customer of any changes to the subscription terms via email or through the Flexoow platform. The Rental Customer will have a specified period, as indicated in the notification, to accept or reject these changes. If the Rental Customer does not respond within this period, the changes will be deemed accepted.

Compliance with EU and Cyprus Law: All terms and conditions related to the Subscription and cancellation are in compliance with applicable laws and regulations in Cyprus and the EU.

 

  1. Theft or Loss

Reporting Obligation: In case of theft or loss of the electric bicycle, the Rental Customer is obligated to report this to Flexoow within 24 hours by phone at +357 96662345 or by email at support@flexoow.com, and if applicable, hand over the key to the electric bicycle accompanied by a police report.

Excess Payment: The Rental Customer will owe an excess, which is different for each type of Subscription. The applicable excess for each type of Subscription will be included in the relevant appendix.

Replacement Bicycle: After the aforementioned has been completed, the Rental Customer will receive a replacement electric bicycle from Flexoow.

Failure to Report: If the Rental Customer fails to report a loss or theft of the electric bicycle, or if the Rental Customer is unable to hand over the electric bicycle key to Flexoow, the Rental Customer will owe Flexoow the compensation set out in the relevant appendix, unless prevented by force majeure.

Locking Requirements: In order to prevent incidents such as loss, theft, and damage, the electric bicycle must always be locked with the provided lock. Where possible, the electric bicycle must be secured to an object using the lock.

Negligence Surcharge: If the electric bicycle is not locked or secured and an accident happens, like vandalism, loss, or theft, a neglect surcharge will be owed by the Rental Customer to Flexoow. This sum is in addition to the excess and, depending on the type of subscription, is stated in the relevant appendix.

Recovery of Bicycle: If, during the period of the subscription, a lost or stolen electric bicycle is recovered, the Rental Customer will be charged no more than the surplus paid. This amount will be calculated by Flexoow based on the state of the electric bicycle and all other costs.

Municipality Removal: If the municipality has removed the electric bicycle, the Rental Customer will have a three-day span to retrieve the electric bicycle from the municipal depot. Any charges for the removal of the electric bicycle or other costs will be payable by the Rental Customer. If the municipality removes the electric bicycle, it will be considered an Unjustified Flex.

Indoor Storage: The Rental Customer will keep the electric bicycle indoors when not used to decrease the likelihood of theft.

Responsibility for Third-Party Claims: In the event that the theft or loss of the electric bicycle leads to claims by third parties against Flexoow, the Rental Customer will be responsible for all costs and liabilities arising from such claims, including but not limited to legal fees and compensation payments.

Compliance with EU and Cyprus Law: All terms and conditions related to theft or loss are in compliance with applicable laws and regulations in Cyprus and the EU.

 

  1. Damage

Reporting Damage: The Rental Customer must report any damages to the electric bicycle incurred by vandalism or other causes to Flexoow within 24 hours by phone at +357 96662345 or by email at support@flexoow.com.

Assessment of Damage: In the event of damage and wear and tear to the electric bicycle other than what can be expected from normal use, Flexoow reserves the right to assess the damage. Flexoow will communicate the cost of such damages to the Rental Customer within  7 days, of receiving the damage report.

Third-Party Damage: If there is any damage caused by the contributory fault or fault of a third party, the Rental Customer will be obliged to submit to Flexoow the contact details of this third party as well as a sketch of the scene signed for approval by both parties. If the contact details of the third party are not submitted, the damage will be charged to the Rental Customer.

Responsibility for Damage: The Rental Customer is responsible for any damage to the electric bicycle during the rental period, except for normal wear and tear. This includes, but is not limited to, damage to the frame, wheels, accessories, or any other part of the electric bicycle.

Repair and Maintenance: Flexoow will be responsible for regular maintenance and repair of the electric bicycle. However, if the Rental Customer causes damage due to misuse (such as riding off-road or overloading the bicycle), neglect (such as failing to lock the bicycle), or violation of these terms, the Rental Customer will be responsible for the cost of necessary repairs.

Insurance Consideration: The Rental Customer should consult their insurance provider to determine whether their personal insurance policy provides coverage for damage to rented property, including electric bicycles.

Compliance with EU and Cyprus Law: All terms and conditions related to damage are in compliance with applicable laws and regulations in Cyprus and the EU.

 

  1. Payments

Subscription Costs: When initiating a Subscription or rental, the Rental Customer will select a time frame ranging from 1 day to a month. The Rental Customer must provide a direct debit mandate, authorizing Flexoow to debit the relevant costs for the chosen time frame and other associated costs from the stated bank account.

Deposit: A deposit is required for each electric bicycle rental through the Flexoow platform. This deposit will be held by Flexoow through a POS system at the time of delivery. The Rental Customer must have a Visa or MasterCard to facilitate this transaction. The deposit will be returned to the Rental Customer when the bicycle is returned in the same condition as when it was taken, subject to any applicable fees or deductions.

Additional Payments: In case of additional payments, such as excesses and surcharges, Flexoow reserves the right to demand payment before supplying the Rental Customer with a new electric bicycle.

Penalty for Non-Payment: If the Rental Customer fails to make additional payments as agreed, they will incur a penalty of EUR 5 each day until the remaining balance is paid.

Default in Payment: If Subscription costs or other costs cannot be debited or are wrongly reversed, the Rental Customer will be in default by operation of law. Flexoow may engage a collection agency if the amount due is not paid within fourteen days after notice. All additional administrative costs and extrajudicial collection costs, up to 15% of the outstanding amount, will be payable by the Rental Customer.

Currency: All payments must be made in Euros (EUR), unless otherwise specified.

Taxes and Fees: All prices include applicable taxes and fees as per the laws and regulations of Cyprus.

Refunds: Refunds, if applicable, will be processed according to the terms and conditions of the Subscription and in accordance with applicable laws. Refunds may be issued at the discretion of Flexoow under exceptional circumstances. To request a refund, the Rental Customer must contact Flexoow by phone at +357 96662345 or by email at support@flexoow.com, stating the reason for the request.

Security of Transactions: Flexoow ensures the security of online transactions through secure payment gateways. The Rental Customer’s financial information is encrypted and protected in compliance with EU data protection regulations.

Contact Information: For any payment-related inquiries, the Rental Customer can reach Flexoow by phone at +357 96662345 or by email at support@flexoow.com.

 

  1. Legal Responsibility

Condition of Bicycle: Upon using an electric bicycle provided by Flexoow, the Rental Customer acknowledges that the bicycle is in proper working condition. Should the Rental Customer have concerns about the condition of the bicycle, they must contact Flexoow immediately before using the bicycle.

Use at Own Risk: The Rental Customer uses the electric bicycle at their own risk. Flexoow will not be liable for any damage or harm suffered by the Rental Customer as a result of using the electric bicycle, except in cases of willful conduct or gross negligence on the part of Flexoow.

Responsibility for Reporting Issues: The Rental Customer is responsible for promptly informing Flexoow of any issues and/or damages related to the subscription.

Compliance with Laws: The Rental Customer must comply with all applicable laws and regulations in Cyprus and the EU, including traffic laws, safety regulations, and any local ordinances related to the use of electric bicycles.

Indemnification: The Rental Customer agrees to indemnify and hold harmless Flexoow, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with the Rental Customer’s use of the electric bicycle, including any breach of these General Terms and Conditions.

Insurance: It is the Rental Customer’s responsibility to ensure that they have adequate insurance coverage for any potential liabilities or damages that may arise from the use of the electric bicycle.

Limitation of Liability: To the fullest extent permitted by applicable law, Flexoow’s total liability for any claim arising under these General Terms and Conditions, whether in contract, tort, or otherwise, will not exceed the amount paid by the Rental Customer for the Subscription.

Contact Information: For any legal inquiries or concerns, the Rental Customer can reach Flexoow by phone at +357 96662345 or by email at support@flexoow.com.

 

  1. Dispute Resolution

Initial Resolution Efforts: In the event of a disagreement or dispute between Flexoow and the Rental Customer arising out of or in connection with these General Terms and Conditions, both parties agree to work in good faith to resolve the issue amicably through direct communication.

Mediation: If the parties are unable to resolve the dispute through direct communication within thirty (30) days of the dispute arising, they agree to attempt to resolve the dispute through mediation. The mediation will be conducted by a mutually agreed-upon third-party mediator, whose fees and expenses will be shared equally by both parties.

Arbitration: If mediation does not resolve the dispute, the parties agree that the dispute will be settled by binding arbitration under the rules of a recognized arbitration institution that the parties mutually agree upon. The arbitration will be conducted in the Republic of Cyprus, and the language of the arbitration will be English. The decision of the arbitrator will be final and binding on both parties.

Legal Action: Notwithstanding the foregoing, either party may seek immediate judicial intervention if it believes that the other party has breached or threatens to breach any of its intellectual property rights, or other situations where immediate injunctive relief is required.

Costs: Unless otherwise determined by the arbitrator, each party will be responsible for its own costs associated with the dispute resolution process, including but not limited to attorney’s fees and costs of the arbitration or court proceedings.

Waiver of Class Actions and Collective Relief: Both Flexoow and the Rental Customer agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that they will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which either party acts or proposes to act in a representative capacity.

Governing Law: This dispute resolution provision is governed by the laws of the European Union and the Republic of Cyprus, without regard to its conflict of laws principles.

 

  1. Change in Subscription

Right to Change Costs: Flexoow reserves the right to modify the costs of a Subscription. Changes made to the subscription by Flexoow will be communicated via email at least 4 weeks before the starting date of the new rates.

Transfer of Claims: Flexoow retains the right to transfer its claims against the Rental Customer, of any nature whatsoever, to third parties, in accordance with applicable laws and regulations in Cyprus and the EU.

Upgrading Subscription: The Rental Customer may upgrade to a more expensive Subscription free of charge. In such cases, Flexoow will arrange an appointment to exchange the electric bicycle for one that aligns with the new Subscription.

Downgrading Subscription: If the Rental Customer wishes to change to a less expensive Subscription, they must notify Flexoow in writing. Any applicable fees or adjustments will be communicated at that time, and the change will take effect at the beginning of the next billing cycle.

Cancellation by Flexoow: Flexoow reserves the right to cancel or suspend a Subscription if the Rental Customer fails to comply with the General Terms and Conditions, or if there are other legitimate reasons for doing so, such as misuse of the service.

Notification of Changes: All changes to the Subscription, including upgrades, downgrades, or cancellations, must be communicated in writing to Flexoow at support@flexoow.com or through the platform located at www.flexoow.com.

Applicability of Changes: Any changes to the Subscription will become effective at the beginning of the next billing cycle, unless otherwise stated in the communication from Flexoow.

Compliance with Laws: All changes to the Subscription must comply with applicable laws and regulations in Cyprus and the EU.

 

  1. Failure to Meet Commitments

Termination by Flexoow: Flexoow shall be permitted, in full or in part, to terminate the Subscription with immediate effect, or to cancel the Subscription by written notice to the Rental Customer if:

The Rental Customer fails to meet its subscription obligations;

The Rental Customer is involved in any fraudulent or illegal activities;

The Rental Customer exploits the service provided by Flexoow in a manner deemed inappropriate;

Intentionally, the Rental Customer provides Flexoow with incorrect data;

Otherwise, the Rental Customer could no longer be found worthy of meeting the commitments resulting from the subscription.

Termination by Rental Customer: If Flexoow has consistently and/or otherwise refused to meet its commitments listed in the General Terms and Conditions, the Rental Customer is entitled to terminate the subscription immediately.

Notification of Termination: All terminations must be communicated in writing to Flexoow at support@flexoow.com or through the platform located at www.flexoow.com.

Consequences of Termination: Upon termination of the Subscription, the Rental Customer must return the electric bicycle to Flexoow in accordance with the return procedures outlined in the General Terms and Conditions. Any outstanding fees or charges must be settled at the time of termination. Failure to return the electric bicycle may result in additional charges, including the cost of the bicycle, and legal action may be taken to recover the bicycle or the cost of the bicycle.

Compliance with Laws: All terminations must comply with applicable laws and regulations in Cyprus and the EU.

Dispute Resolution: In the event of a dispute regarding the termination of a Subscription, the Rental Customer may contact Flexoow’s support team for assistance in resolving the matter.

Liability: Neither Flexoow nor the Rental Customer shall be liable for any indirect or consequential damages resulting from the termination of a Subscription, except as provided by applicable law.

 

  1. Privacy

Commitment to Privacy: Flexoow is committed to protecting the privacy and security of the Rental Customer’s personal data. The use of personal information is governed by Flexoow’s Privacy Policy, which can be found on the website platform located at www.flexoow.com.

Collection of Information: Flexoow may collect personal information such as name, address, phone number, email address, and payment details when the Rental Customer subscribes to the service. This information is used to manage the Subscription, provide support, and comply with legal obligations.

Use of Information: Flexoow uses the collected information to provide and improve the services, process payments, communicate with the Rental Customer, and comply with legal requirements. The information may also be used for marketing purposes, subject to the Rental Customer’s consent. Flexoow will not use the Rental Customer’s personal information for marketing purposes without the explicit consent of the Rental Customer.

Sharing of Information: Flexoow does not sell or share personal information with third parties, except as necessary to provide the services, comply with legal obligations, or protect Flexoow’s rights and interests.

Security Measures: Flexoow implements appropriate technical and organizational measures to safeguard personal information against unauthorized access, disclosure, alteration, or destruction.

Cookies and Tracking Technologies: Flexoow’s website may use cookies and other tracking technologies to enhance user experience and analyze website usage. The Rental Customer can manage cookie preferences through their browser settings.

Rights of the Rental Customer: The Rental Customer has the right to access, correct, delete, or restrict the processing of their personal information, in accordance with applicable laws in Cyprus and the EU. The Rental Customer may exercise these rights by contacting Flexoow by phone at +357 96662345 or by email at support@flexoow.com.

Contact Information: For questions or concerns about privacy, the Rental Customer can reach Flexoow by phone at +357 96662345 or by email at support@flexoow.com.

Compliance with Laws: Flexoow’s privacy practices comply with applicable data protection laws and regulations in Cyprus and the EU, including the General Data Protection Regulation (GDPR).

Changes to Privacy Policy: Flexoow reserves the right to update or modify the Privacy Policy at any time. Any changes will be communicated to the Rental Customer and will be available on the website platform.

 

  1. Applicable Law in Case of Disputes

Governing Law: These General Terms and Conditions, as well as any Subscription or agreement between Flexoow and the Rental Customer, shall be governed by and construed in accordance with the laws of Cyprus and the European Union.

Jurisdiction: All disputes arising from or connected with the Subscription, the use of Flexoow’s services, or these General Terms and Conditions shall be exclusively submitted to the competent court of Larnaca, Cyprus.

Alternative Dispute Resolution (ADR): Flexoow encourages the Rental Customer to contact support@flexoow.com or call +357 96662345 to resolve any concerns or disputes amicably. If an agreement cannot be reached, the Rental Customer may have the right to use alternative dispute resolution mechanisms available in Cyprus, such as mediation or arbitration, in accordance with the relevant EU Directive on consumer ADR.

Compliance with EU Regulations: Flexoow’s practices and procedures are in compliance with relevant EU regulations, including consumer protection laws. Rental Customers within the European Union may also have access to the European Online Dispute Resolution (ODR) platform (https://ec.europa.eu/consumers/odr) to resolve disputes.

Language: The official language for resolving disputes shall be English. Any translations of these General Terms and Conditions or other documents are provided for convenience only, and the English version shall prevail in case of any inconsistencies.

Severability: If any provision of these General Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

Waiver: Failure by Flexoow to enforce any provision of these General Terms and Conditions shall not be construed as a waiver of its rights under these terms or applicable law.

Legal Representation: The Rental Customer is advised to seek independent legal advice if they have any questions or concerns about these General Terms and Conditions or their legal rights and obligations under Cyprus and EU law. Flexoow is not responsible for any decisions the Rental Customer makes based on their understanding of these Terms and Conditions without seeking such advice.

 

  1. Additional Services and Partial Coverage

Additional Services Overview: Flexoow offers additional services that provide partial coverage, reducing the deductible in case of theft or total loss of the electric bicycle. These services are designed to enhance the Rental Customer’s experience and provide added protection.

Lowered Deductible: By obtaining Flexoow’s additional services, the Rental Customer lowers the deductible in case of theft or total loss of the electric bicycle. The specific amounts and details are provided in the Appendix of Section 20. The lowered deductible is applicable if the Rental Customer has consistently paid the additional fee (whether daily or monthly) and is not in breach of any terms of the rental agreement.

Procedure in Case of Theft or Loss: In case of theft or total loss of the electric bicycle, the Rental Customer must provide a copy of the filed police report regarding the incident and pay the lowered deductible to Flexoow. Upon completion of these requirements, Flexoow will provide a replacement electric bicycle for the remainder of the rental agreement period.

Additional Monthly Fee: The additional monthly fee for this service will be added to the monthly Subscription costs. The exact fee and lowered deductible amounts are detailed in the Appendix of Section 20.

Eligibility: The lowered deductible applies only when the additional monthly fee is selected at the same time as booking the subscription.

Inclusion of VAT: All prices related to additional services, including the lowered deductible and additional monthly fee, include VAT as per Cyprus and EU regulations.

Contact Information: For inquiries or further details about additional services, the Rental Customer may contact Flexoow by phone at +357 96662345 or by email at support@flexoow.com.

Acceptance of Terms: By opting for additional services, the Rental Customer agrees to the terms set forth in this section and acknowledges that they have read and understood the corresponding Appendix detailing the specific costs and conditions in Section 20.

Compliance with EU and Cyprus Law: Flexoow’s additional services are offered in compliance with relevant laws and regulations in Cyprus and the European Union.

 

  1. Insurance

No Insurance Provided by Flexoow: Flexoow does not provide any form of insurance coverage, including third-party liability insurance, for the electric bicycles rented to the Rental Customer, unless explicitly stated otherwise.

Customer’s Own Insurance Requirement: It is the responsibility of the Rental Customer to secure and maintain appropriate insurance coverage for the duration of the rental period. This insurance must cover potential damages to the electric bicycle, third-party vehicles, property damages, theft, and any other incidents that may occur while using the rented electric bicycle.

Proof of Insurance: The Rental Customer may be required to provide proof of such insurance coverage to Flexoow upon request.

Customer’s Liability: In the absence of their own insurance, the Rental Customer will be fully liable for all costs associated with damages to the electric bicycle, third-party vehicles or property, theft, or any other incidents that occur during the rental period.

Reporting of Incidents: In the event of an accident, theft, or any other incident, the Rental Customer must promptly notify Flexoow by phone at +357 96662345 or by email at support@flexoow.com.

Responsibility of Rental Customer: The Rental Customer is responsible for providing accurate information regarding any incidents and cooperating fully with Flexoow in the handling of claims or disputes.

No Additional Insurance Options from Flexoow: Flexoow does not offer any additional insurance options or coverage upgrades to Rental Customers, unless explicitly stated in a separate agreement.

Acceptance of Terms: By renting an electric bicycle from Flexoow, the Rental Customer acknowledges and agrees to these insurance terms and accepts full responsibility for securing appropriate insurance coverage.

Governing Law: The insurance requirements and related matters under this section are governed by the laws of Cyprus, and any disputes will be resolved in accordance with local jurisdiction.

 

  1. No Driver’s License Requirement

No License Required for Electric Bicycles: Flexoow’s electric bicycle rentals do not require the Rental Customer to possess a driver’s license.

Minimum Age Requirement: The Rental Customer must be at least 16 years old to rent an electric bicycle from Flexoow.

Parental Involvement for Under 16: For Rental Customers who are under 18 years old, a parent or legal guardian must be present during the rental process. The parent or legal guardian will be required to sign a rental agreement on behalf of the minor and will assume full responsibility and liability for the rental.

Parental Guarantee: The parent or legal guardian of a Rental Customer under 18 years old will serve as the guarantor for the rental.

Identity Verification: The Rental Customer, and the parent or legal guardian when applicable, may be required to provide valid identification, such as a government-issued ID card or passport, to verify their age and identity. This identification must be shown upon delivery or pickup of the electric bicycle.

Responsibility and Compliance: While a driver’s license is not required, the Rental Customer is expected to operate the electric bicycle in a safe and lawful manner, in compliance with all applicable traffic laws and regulations.

Consequences of Unlawful Operation: If the Rental Customer operates the electric bicycle in an unlawful or unsafe manner, Flexoow reserves the right to terminate the rental agreement, and the Rental Customer (and the guarantor, if applicable) may be subject to penalties as outlined in previous sections.

Governing Law: The terms under this section are governed by the laws of Cyprus, and any disputes will be resolved in accordance with local jurisdiction.

 

  1. GPS Tracking

Notification of GPS Tracking: Flexoow will inform the Rental Customer if the rented electric bicycle is equipped with a GPS tracker.

Purpose of GPS Tracking: The GPS tracker is installed inside the electric bicycle to optimize Flexoow’s services, ensure the safety and security of the electric bicycles, and to track the vehicle in case of theft or unauthorized use.

Data Usage and Privacy: The data collected by the GPS tracker may be used by Flexoow to improve services, analyze usage patterns, and ensure compliance with the rental agreement. All data collected via the GPS tracker will be handled in accordance with Flexoow’s Privacy Policy.

Theft and Recovery: In the event of theft or loss of the electric bicycle, the GPS tracker may be used by Flexoow to locate and recover the electric bicycle. The Rental Customer is required to report the theft or loss to Flexoow and the local authorities as per the terms outlined in previous sections.

Customer’s Acknowledgment: By renting an electric bicycle from Flexoow, the Rental Customer acknowledges and consents to the use of the GPS tracker and the collection and use of location data as described herein. The Rental Customer acknowledges that failure to consent to the use of the GPS tracker may result in the inability to rent an electric bicycle from Flexoow.

No Tampering: The Rental Customer is strictly prohibited from tampering with, disabling, or attempting to remove the GPS tracker from the electric bicycle. Any such tampering will be considered a violation of the rental agreement and may result in penalties as outlined in previous sections.

Governing Law: The use of GPS tracking and related data collection practices under this section are governed by the laws of Cyprus, and any disputes will be resolved in accordance with local jurisdiction.

 

  1. Loss of Rented Items and Compensation

Responsibility for Lost Items: In the event that the Rental Customer loses any item that they have rented from Flexoow, the Rental Customer is responsible for paying the established compensation amount for the lost item, as outlined in the Appendix below.

Compensation for Found Items with Damage: If a lost item is subsequently found, but has sustained damage, the Rental Customer will be responsible for paying for the repair or replacement of the item, based on the extent of the damage. The cost will be determined by Flexoow in its sole discretion.

Notification of Loss: The Rental Customer must promptly notify Flexoow of the loss of any rented item by phone at +357 96662345 or by email at support@flexoow.com.

Governing Law: The terms under this section are governed by the laws of Cyprus, and any disputes related to the loss of rented items and associated compensation will be resolved in accordance with local jurisdiction.

Appendix: Losing What You Rent – Established Compensation

eBike: EUR 1450

City Bicycle: EUR 320

eFolding Bike: EUR 1470

Lock: EUR 20

Helmet: EUR 25

Phone Holder: EUR 15

General Terms and Conditions