Bicycle repair and legal conditions

Your bike isn't working properly. So you take it to a workshop. How does that work? And how is the legal relationship between the customer and the repair shop regulated?

EVERYTHING is regulated in Germany. Even if you don't know it, you enter into contracts with various companies every day. You get on the tram. You have now signed a transport contract with the tram operator. You go to the outdoor pool. There are house rules or bathing regulations that regulate everything. The list goes on and on.

Companies regulate their business relationships through "General Terms and Conditions", or T&Cs for short. These conditions are necessary to regulate the cooperation between all parties involved and - viewed objectively - are actually good because someone has already thought about what can or could happen. These T&Cs are usually posted somewhere in the repair shop's business premises and can therefore be viewed. When a repair order is placed with the bicycle repair shop, these are considered accepted without the customer having to hand them over.

This is not malicious - after all, a legal discussion about bicycle repairs cannot take place in every case, otherwise a lawyer would be necessary in every workshop. However, there are also pitfalls that customers (or contractors) can fall into. How can these be avoided?

1. Determine the scope of the order

Together with the repair shop, you look at the bike and agree on what needs to be repaired. This scope should be noted on the repair shop's repair card. Ask what the expected costs are and have this noted on the repair card as well. This is an approximate cost estimate.

2. Request a written cost estimate

If you want to know exactly, you should ask for a written cost estimate. This means more work and will certainly be rejected by the workshop if it is a small repair costing perhaps 20 euros. However, for larger repairs, especially for accident damage caused by someone else, a written cost estimate is a good idea. This can cost between 20 and 40 euros - so it is not always free. The workshop can offset these costs against the repair, but it does not have to.

A cost estimate is always an estimate. You have to accept an insignificant overrun of the costs stated in it. Case law assumes a range of 10 to 20 percent. If during the repair it is discovered that there is further, possibly hidden, damage to the bike, the workshop must inform you so that you can decide whether you are prepared to bear these additional costs. You must pay the costs incurred up to that point, i.e. the amount of the cost estimate, in any case, even if the bike is not roadworthy or ready to ride in this case. A dilemma, both for the workshop and for you.

3. Special case of accident damage caused by third parties

The insurance company pays for accident damage. You might think so. But the insurance company thinks differently. It always looks at the current value of the bike or its replacement value. What does that mean? In principle, the repair costs can only be billed based on a cost estimate or expert report. However, it is assumed that there will be a high, staggered loss of value in the first few years: after two years, this is only 50 percent, and after eight years, 25 percent of the purchase price (OLG Düsseldorf1 U 234/02). If the repair costs exceed the current value of the bike, it is considered a so-called total loss. In such a case, the insurance company will only pay the current value of the bike, not the repair costs.

The example calculation: your bike cost 800 euros eight years ago. The workshop's estimate is 300 euros. After eight years, the insurance company will pay for repairs up to the current value of the bike, 25 percent of 800 euros, i.e. 200 euros. The workshop, however, does not care what the insurance company does. You gave the order and you have to pay the bill, even if you only get part of it from the insurance company. That's a shame.

4. And who owns the old parts?

Old parts, i.e. the removed and replaced parts, belong to you. However, it is usually the case that the terms and conditions state that the old parts can be disposed of. There is a practical reason for this. The workshop can hardly free up additional storage space for each wheel in which to store the broken parts. And: do you really want the old tires? If you don't trust the workshop, you can't have your bike repaired. And the other way around: the workshop also trusts you as a customer and invests expertise, time and money.

5. The workshop charges a storage fee for my bike. Are they allowed to do that?

A storage fee for a bicycle is incurred if you do not pick up your bike after it has been repaired. The process: The workshop calls you and tells you that your bike is ready. It is usually expected that it will be picked up within a week. Workshops often have very little storage space and have to manage it carefully. Therefore, many terms and conditions contain a clause on storage fees. This can amount to around 3 to 5 euros per day. So if you do not pick up your bike until after three months, it could easily cost 90 days times 3 euros, or 270 euros. After a set process and a certain time, the workshop can also sell your uncollected bike. All of this is set out in the terms and conditions.

6. The bike is supposedly repaired. It still doesn't work. What should I do?

Things can go wrong even in a specialist workshop. The most important thing in the event of a dispute is to talk about it. Don't take a confrontational approach, but think in a solution-oriented way. Then there is a way forward for both sides. The law sees the situation as follows: If the bike is still broken despite repairs, the workshop has the opportunity to make improvements, ie it should try to repair the damage without incurring any additional costs.

If the damage is still present after two attempts at repair, this is referred to as a failed repair. In this case, you have the option of withdrawing from the repair contract or reducing the repair bill. Withdrawal is only permitted in the case of significant defects, and a reduction is also permitted in the case of insignificant ones. What does that mean? If it doesn't work at all, you can demand your money back. If it works halfway, you can demand a portion of it back.

In practice, failed repairs usually occur with complex parts, often with e-bikes. Therefore, many workshops rarely repair motors and controllers, but replace them straight away. Often these components cannot be repaired at all due to their design. Then the only option is to replace them, which is really expensive; the motor, for example, can easily cost 600 euros without labor for installation. And it gets worse. Especially with older e-bikes, there are no parts left at all.

So how do I find the right workshop?

Admittedly, this is difficult. Unfortunately, you cannot tell the quality of the company from the outside. You can of course look online to see if there are any reviews. However, you should bear in mind that reviews are usually only left by dissatisfied customers. Satisfied customers have little need to communicate. A certain level of quality can be expected from companies that are members of the Chamber of Trades. So ask whether this is the case.

If you know someone who cycles a lot, then ask here. Hardcore users usually have a tip for a trusted workshop. Perhaps the local ADFC also has an idea who could do the work. There are also specialised repair shops. Going there makes sense, especially for e-bikes. This also applies to older bikes and vintage cars. The supply of spare parts is crucial here. These workshops may still have the necessary parts for the repair in stock.

There are also special repair shops for racing bikes. Ask whether they speak Campagnolo. When it comes to repairing a high-quality racing bike, you should play it safe, especially when it comes to original parts. You cannot fit a different rear derailleur here, but should instead focus on the correct historical group of gears.

Finally: repairs cost money. If you want cheap, don't be surprised if the service is bad and the result is poor. It's not uncommon for a repair to cost more than 200 euros. However, it will work again for a few years afterwards. And for 200 euros you won't get a new bike, at least not a decent one, just a so-called DIY store bike of inferior quality. From an ecological point of view, it also makes little sense to throw away a usable used bike, as a lot of energy was used to manufacture the bike and CO2 emissions were generated. The key to sustainability is practical action, not just talking about it.

This article does not constitute legal advice within the meaning of Section 2 RDG and cannot replace legal advice from a lawyer in individual cases. The article is for informational purposes only and makes no claim to completeness. Any liability in connection with the use of the information provided therein and its accuracy is excluded.

(Christoph Preussler)