Research On Bicycle-sharing Rental Contract

A contract for bicycle-sharing is an indefinite lease.Bicycle-sharing company with the users to use the property agreement meet the characteristics of the leasing contract commonly,but under the background of "Internet +",bicycle-sharing rental contract with two big characteristics,cooperate a is in the form of electronic contract signing,trading process short;The second is that the contract contents clearly define the rights and obligations of the contract subject in terms of format,and the legal relationship is clear.The parties that share the legal relationship of the bicycle-sharing contract shall enjoy rights and perform their obligations under the contract.In the event that the company enjoys the right to collect the deposit and the necessary expenses,the company shall bear the liability for defects,security,timely return of the deposit,notification and confidentiality of users.In addition,the user shall have the right to use the bicycle-sharing in accordance with the contract,not to sublease and return the original material to the company in time.The bicycle-sharing rental contract is established when the user accepts a Shared bicycle offer and completes the "signing action" in the transaction process.bicycle-sharing company to have downloaded the APP users to push the user agreement for the offer,and user acceptance agreement and register agreed to after that as promised,then enter the use process after users to complete the transaction.Bicycle-sharing effect contract must meet the users to mean both the contracting behavior ability and said true,do not violate the laws and administrative regulations,not disgraceful consideration against the elements,and bicycle-sharing rental contract with certainty,generally does not violate laws,administrative regulations and the disgraceful consideration so that the user's age,physical condition,and signing purpose discussion and analysis are needed to examine the bicycle-sharing to the effectiveness of the contract.Prior to the establishment of the bicycle-sharing lease contract,the parties have agreed or,on the basis of the legal cause,and change or terminate the lease contract before the parties fail to fulfill their obligations or fulfill their obligations completely.Combined with contractlaw and bicycle-sharing user agreement,the conditions and consequences of the change and release of bicycle-sharing rental contract are discussed.The change of bicycle-sharing contract must have a valid contract and change the content of the contract.After the contract is changed,the original unaltered part and the alteration part will have binding force on the three elements.The conditions for the termination of the contract are divided by legal and agreed termination.After the cancellation of a shared lease contract,the parties have the obligation to return the contract and the liability for damages.Bicycle-sharing contract breach has a lower cost of the sheer number of breach and liability for breach of contract shall be investigated for difficult wait for a characteristic,in view of this bicycle-sharing contract can be defined is unable to perform,delay performance and incomplete performance of the three different forms of default.economy pattern is contested by the hot issues in the last two years running,bicycle-sharing a breach of contract is mainly bicycle-sharing to refund the deposit delay,bicycle-sharing system of product defects,users to share information and bicycle-sharing use not regulate the behavior of four types.Our country law is not applicable to the legal nature of the deposit,the scope and the legal effect question made specific provision,the problems in the practice of deposit refund the dispute,lead to Shared cycling delayed scuffles broke out on the refund of the deposit.In the process of sharing a bicycle,there is a flaw in sharing the quality of the bike that causes the user to default.In the process of user registration and ride sharing bikes,Sharing bicycle company will collect,use and share transfer of user information,therefore,user information bicycle-sharing leaked legal risk.In addition,the users also use bicycle-sharing in the process of privacy,damage and other violations of the purpose of sharing the purpose of the bike.Bicycle-sharing as a shared economic and no corresponding legal norm adjustment,in the event of a bicycle-sharing under the condition of a breach of contract,lack of corresponding responsibility mechanism,makes it hard for bicycle-sharing contract liability for breach of contract implementation.In order to reduce the risk of contract and to define the responsibility,it is the strict liability system to share the default of bicycle contract,but the principle of fault will be applied when the lease item is damaged or lost.Now,bicycle-sharingcontract breach liability faces a number of default but the plight of the low success rate,therefore,The platform insurance system should be perfected to reduce user loss and reduce the difficulty of safeguarding rights.At the same time,the online dispute resolution mechanism and the civil speed cutting mechanism should be introduced to widen the dispute resolution and improve the efficiency of dispute resolution.