Terms & Conditions

PEDALMUNICH Terms - last update: 2017/03/01

PedalMunich offers sightseeing rickshaw tours, pedicab taxi rides, guided bike tours, walking tours and rental services. These tours and services may be carried out by independent and self-employed tour guides.

PedalMunich also organizes catering services and attractions implemented by independet providers or contractors.

Usage of this website and participation in any tour, rental or other service offered by PedalMunich, represented by Max Schmid (henceforth referred to as PedalMunich) presupposes contracting party's (henceforth referred to as client) acceptance to below terms and conditions.

In case below terms are not accepted, the usage of this website is not authorized.

Formation of agreement, contract and contract term

All tours, services or other products that PedalMunich offers are non-binding. Agreement on any tour, service or other product PedalMunich offers, is subject to written confirmation and is subject to alteration (changes of marketing contracts equally require written form §126 BGB german civil code).

The term of any agreement is limited to the date or period specified within the order confirmation or delivery note.

The right of sudden termination without notice remains unaffected according to the prerequisites of §314 BGB german civil code.

General terms and conditions

The following terms and conditions are part of all agreements on any tour, service or other product PedalMunich offers.

Object of agreement is - as stated in the order confirmation or delivery note - the specified sightseeing rickshaw tour, pedicab taxi ride, guided city sightseeing bike tour, walking tour, vehicle rental or other service or product.

Potential terms and conditions of clients are not applicable and are invalid, even if PedalMunich does not explicitly disagree these terms and conditions of clients.

Terms and conditions of clients different from the terms and conditions of PedalMunich need to be accepted in written form in order to be applicable and binding.

Unforeseen changes in tours or services due to local or time specific necessities

As a client, I understand, that due to local and time specific necessities, my booked tours or services may vary from the initial description or agreement and changes may occur as to meet those unforeseen conditions.

Limited liability

We shall not be held liable under any circumstances for any direct or indirect damage resulting from accessing this website or using this website or the information contained in it. This legal disclaimer does not infringe our liability for intent, damage to life, body or health, for knowingly false statements or our liability under the Product Liability Act.

Exclusion of Liabilities

I agree to discharge, release, and hold harmless PedalMunich, any tour guide or other type of independent contractor or provider or partner working with PedalMunich from any and all liability for damages of any kind or costs that may result from usage of this website or from participating in this vehicle or equipment rental, bike tour, rickshaw tour or other booked service or attraction that are result of a breach of these terms by me.

I agree to waive all claims for any damages resulting or suffered from the inability of PedalMunich or it's independent partners to deliver a booked tour or other service.

Proper Use of vehicles and equipment provided & liabilities for damage of rental objects

For its clients, PedalMunich provides vehicles, bikes, tour guides, transport services and equipment such as locks or helmets.

The equipment is not designed and should not be used for other than their normal purposes. No off road usage, no racing and no jumping or other high impact activities.

It is the client's responsibility to use the provided vehicles and equipment properly according to its purpose, coomon sense and the instructions for maintenance, usage and care provided by PedalMunich. Vehicles and equipment need to be returned it in full working condition.
All clients are responsible for their bikes. For lost, stolen or missing bikes, a charge of € 250 (Euro) per bike will be claimed.

Clients are held responsible for any damages (such as malfunctions, defects, severe pollution or other damages), as well as for loss or theft of rental vehicles and of rental equipment, independent of identity of user or identity of perpetrator of damages.

Total loss or total damage of rental vehicles leads to the obligation to bear all necessary costs for replacement such as price, acquisition costs, etc. independent of identity of user or identity of perpetrator of damages.

For any damage to the equipment provided by PedalMunich, its tour guides or its partners, clients are equally held responsible.

Clients are obliged to report any damages known and to participate in the analysis of the rental vehicles or rental equipment upon return to PedalMunich or it's tourguides or service partners or otherwise in case of lack of such participation accepts the result of the inventory carried out by PedalMunich, which may be conducted within two days of return of rental objects.

Except for flat tires or mechanical malfunctions not in the responsibility of the client, we maintain the right to analyse and determine the damage made and thereupon define a compensation, a cost lump sum for regulating the damage.
Same applies for lost helmets, locks or keys.

Failure to comply with above duties and rules of behaviour results in full liability of clients for all damages that PedalMunich may suffer or sustain.

Arrival at starting location, „boarding“, departure & arrival of participants

All Participants of booked tours or other services need to arrive at least five minutes prior to the agreed starting time at the exact location specified or agreed upon for departure and need to register with the tour guide or person carrying out the service. 

Participants, who arrive more than five minutes after the specified time, may be excluded from the tour or service by PedalMunich or it‘s sub contractors according to their own discretion, with the price to be paid nevertheless, that is, without refund.

In case of any delays, we kindly ask participants to inform PedalMunich immediately.

A delay of more than five minutes on behalf of participants, as a rule, does not lead to any prolongation or any postponement of the booked tour or service.

In case, a postponement should nevertheless be possible, for each quarter of an hour 15,-€ per guide will be charged.

On the other hand, booked tours or services may vary to some extend with regard to time or content on behalf of PedalMunich or it‘s sub contractors.

Minimum requirements of participants of tours of guided rickshaw or bike tours, transfers, shuttle rides, walks or rental services

Participants may need to provide a valid booking confirmation or gift coupon voucher to not run risk of being excluded from a tour or service. 

All participants - specifically of bike tours and cycle rentals - with regard to physical or mental capabilities need to be in adequate condition and constitution to take part in the tour, activity or other service intended with the booking. 

PedalMunich may require participants to undergo a quick check to assure their aptitude and ability to take part in the tour or service. 

Participants, that are obviously under severe influence of alcohol or other drugs may be excluded from the booked service or tour. 

Participants hereby assure,

  • that, with regard to the safety of themselves, that of other participants or any other persons, resulting from the carrying out of the tour or implementation of the service no restrictions at all are known (such as, among others, vertigo, fear of heights, epilepsy, dizziness, member or back injuries, angina or other heart condition, severe or uncontrolled asthma, visual deficiency or impairment, depression, recovery from a recent surgery, pregnancy, or similar conditions),
  • to conduct themselves with due caution, as the activities offered by or conducted with PedalMunich or it‘s subcontractors entail a certain amount of inevitable risk,
  • that all booked services and activities are engaged in on their own risk and will therefore not be entitled to claim any indemnity from PedalMunich or it‘s subcontractors for any injury or damage suffered during the Tour

If the tours or services offered by PedalMunich do not reach a minimum number of ten participants, these tours be cancelled with the result of prior payments or deposits to be restituted.

The contract agreement as well as the associated obligation for complyment or fulfillment on behalf of PedalMunich is depending on actual availability.

Other conditions leading to a tour or service not happening due to force majeure or the responsibility of PedalMunich.com, it's tour guides or service partners

With the exception to extreme weather conditions such as (snow) storms, strong wind or sustained heavy rainfall, we are committed to implementing a booked tour or service.

In the event of such above mentioned extreme weather or extraordinary climatic conditions, PedalMunich is reserving it's own right to decide on wether any tour or other service should be and will be carried out.

In case of a tour or service being cancelled due to unfavourable weather conditions, PedalMunich will refund any deposits or payments made.

If the client instead wishes to postpone the tour or service and communicates this to PedalMunich ahead, cancellation terms apply.

If tours or services are cancelled due to other reasons under responsibility of PedalMunich, it's tour guides or it's service partners, clients receive a full refund of deposits or payments made prior.

If the client wishes to postpone the tour or service and communicates this to PedalMunich, cancellation terms apply.

Cancellation Terms

Participants must be present at the exact starting location at the right time, both specified when booking the tour (if not agreed upon personally otherwise in due time prior to tour or service).

If you choose to or simply are not able to make a reserved date or time - you can always postpone your tour and service in accordance with below cancellation policy and information deadlines.

Please advise PedalMunich as early as possible - personally via telephone AND by e-mail!

If you need to cancel, cancellation terms are as follows with stated percentage constituting non-refundable costs:

  • 15% if cancelled equal to or more than 61 days prior to tour
  • 25% if cancelled between 2 months and 8 days prior to tour

  • 50% if cancelled between one week and 48 hours prior to tour
  • 75% if cancelled the between 48 hours and 24 hours prior to tour
  • 100% if cancelled less than 24 hours prior to tour

% of total amount to be paid.

Consequently, no-shows will result in a full loss of payments or deposits made prior. In case of no full prior payment PedalMunich maintains unlimited claim of complete price for booked tour or service.

The client may proove by evidence, that due to the client's cancellation, PedalMunich has suffered no or significantly less financial loss.

Other conditions out of the responsibility of PedalMunich leading to the inability to deliver

In case of unforeseen conditions out of the responsibility of PedalMunich or its independent tour guides leading to the inability PedalMunich or its tour guides or partnering service providers to deliver a booked tour or other service or other product, PedalMunich maintains the right to 1.) cancel the tour or service agreement while excluding any liability for resulting damages for non-performance or 2.) alternatively PedalMunich may postpone the delivery of the tour or service for the duration of inability to deliver the booked tour or service.

===================================================

Declaration of revocation

Clients who are private customers and for which applies §13 BGB/german civil code have the right to withdraw their contractual declaration within 14 days without the need to specify any reasons by means of written form (letter or e-mail). In order to maintain this 14 day term, date of dispatch of cancellation is relevant. Cancellation needs to be directed to: ourtour@pedalmunich.com, Tel. +49 (0) 179 542 828 5.

The right to withdraw or cancel expires with the delivery of the tour or service on behalf of PedalMunich or it's independent tourguides or other partners carrying out the service.

===================================================

Rates & Payment

Bookings of tours or other services are complete and binding once prices are fully and effectively paid.

In fact, payments need to be made completely in due time (immediately upon invoicing) prior to tour or service, if not agreed upon otherwise via e-mail or telephone.

PedalMunich's bank account details are as follows: 

Swift-Code/BIC: GENODEF1HHK
IBAN: DE66701694020000038750
 
In case of online payment, prices include paypal or credit card transaction fees.

In the case of booking via contact form, prices may be equal to online booking prices.
PedalMunich maintains the right to vary prices for any tours or other services offered at it's own discretion at any time.

Nevertheless, changed prices or rates do not affect completed bookings or other claims already agreed upon. Equally, sold gift coupons remain valid within time span specified on the voucher itself.

Neither temporary nor sustained lowered prices lead to any legitimate claim for a refund or any other financial or non-monetary compensation!

Our rates do not include the clients’ transport costs to or from the meeting point or drop-off location.
Private as well as corporate standard or custom tours, transport services or other offered by PedalMunich may be paid by paypal, credit card or bank transfer.
PedalMunich accepts prior online payment of deposit with full balance to be paid in cash on day of implementation of tour or service.

Prices include the cost of the guide and, in the case of bike tours, walking tours or other special vehicle tours all costs relating to other material, provided equipment such as helmets, locks or features such as snacks or drinks, etc. as specified with respective tour or service only. See description.

If not stated differently, other imminent costs, such as entry fees, drinks, public transport, etc. have to be paid by the client separately.

Upon prior deposit or receiving of full payment, PedalMunich will provide the client with a confirmation by e-mail stating tour, service, potential other features, length, time, starting as well as end point of tours or services, and any other relevant information.

Rental period and rental fees, other service fees

Duration and rate of the rental services as well as for tours or other services are stated in the order confirmation. Rental period begins on day specified on order confirmation or by provision of vehicle. Inability to return vehicle or equipment leads to subsequent additional payment obligations on behalf of the client. In case of foreseeable prolongation of rental time, the client needs to inform Pedalmunich without undue delay. In that case, current rates of PedalMunich for rental services apply. Payment obligations of clients are binding, independent of an actual usage of the vehicles or equipment provided by PedalMunich. Premature return of vehicles or equipment provided by PedalMunich does not lower payment obligations.

Transport of rental vehicles, rental equipment; Transfer of perils

If the client does not wish otherwise, transport and shipment of vehicles is carried out according to conditions maintained by PedalMunich, with the costs to be paid fully by the client. The client may procure a proper insurance for transport and consequently needs to bear the costs created by that transport insurance. Transfer of perils starts upon handing the vehicle(s) or equipment over to the transport company or a respective agent of that transport company.

Data Privacy Protection

For agreeing upon and completing business transactions, PedalMunich needs to and will process and save certain private or corporate data. PedalMunich hereby promises, that we will however not pass on this data to third parties other than its tour guides and partnering service providers, if this is not absolutely necessary to implementing the inquired service. 

Important Information for Participants of bike tours and bike rental services

As a participant of any bike tour, rickshaw tour, walking tour or other rental service offered, I hereby confirm the following:

  • I am responsible for any of my activities, actions and behavior.
  • I accept the duty to obey local law and regulations such as accident prevention regulation, professional regulations, venue regulations.
  • I am aware, that subletting the vehicles or equipment for money or free of charge to any third party is not allowed.
  • I am familiar with riding a bike and I am able to participate in traffic within the local laws.
  • I will make sure rental vehicles or rental equipment is secured against damage and theft at anytime and is to be held in immediate possession for the time of rental.
  • I hereby confirm, that PedalMunich may be granted the permission and the opportunity to check the provided rental vehicles and equipment at any time.
  • Rental vehicles as well as equipment may not be sold or pawned.
  • I agree to notify PedalMunich immediately in case of loss, usage or seizure of provided vehicles or equipment by other parties and accept to bear all resulting costs.
  • I am aware, that it is not allowed to change the rental vehicles or rental equipment in any way by removing or adjusting fixed parts, fixing solutions, removing, covering or changing rim number or performing similar changes.
  • I am in adequate physical condition to engage in the tours or services booked
  • For vehicle rental (only!), I am able to provide a valid ID (passport, ID card, credit card or other proper official form of identification). In case of inability to provide such proof of ID, I am aware and consent that all agreements on tours or services are voided.
  • If I am supervising minors (children under 18) I agree to take full responsibility for the participating minor/s.
  • I thus agree to discharge, release, and hold harmless PedalMunich.com, any tour guide or other type of independent contractor or employee working with PedalMunich.com, from any and all liability for damages of any kinds or character that may result from the minor/s as well as myself participating in this bike rental, bike tour, rickshaw tour or other booked service or attraction. Same applies for other adults for who i have booked a bike rental, bike tour, rickshaw tour or other booked service or attraction.

Minors under 12 old may ride their bike on the sidewalk and PedalMunich requires that the supervising adult make sure the child/children use/s the sidewalk in areas that are open to traffic.

The parent or guardian understands and agrees to the following terms.

Minors must:

  • be accompanied by parent or guardian at all times
  • wear a helmet if under 14 years of age
  • be equal to or more than 5 years old
  • stay in the bike lane on any (park) roadway that is open

PedalMunich provides helmets for free for all customers (adults as well as minors)!

Place of Jurisdiction

These terms and conditions are subject to the laws of the federal republic of Germany. To the extent permitted, place of jurisdiction is Munich, Germany. Any law cases shall be settled in a german court.

Final provisions

As far as individual components of these conditions should be or become invalid or ineffective, the validity of the remaining provisions shall remain unaffected.

Any ineffective provisions shall be replaced by provisions matching as closely as possible the economic purpose intended by the parties.

These terms conclusively regulate the legal relationship between the involved parties regarding the use of this site.

Important Information about Handling German Bike Brakes

Contrary to other countries, the rear brake in Germany is located on the right handle bar.

Consequently, the right brake should be used more intensively as the left brake (= front brake).

In order to prevent injuries and/or falling over the handle bar, please make yourself familiar with this before heading out.

See imprint for more information on the provider.