Date: 2 march 2020
Article 1: Definitions
Account: The account that can be created via the site/app, is linked to the Lessee’s bank account and allows the Lessee to rent a Bike.
Bike: the bike that the Lessee may rent and which is the subject of these general terms and conditions;
Site/app: the application or functionality that allows Lessee to rent a Bike from Lessor;
Lessee: the natural or legal person that concludes the lease as lessee;
Lessor: Uw Deelfiets B.V., the legal entity that, as lessor, concludes the lease with the Lessee.
Payment: the payment of the Rent via the site/app through the paymentprovider Mollie which provides a.o. iDeal, the bank account or credit card of the Lessee;
Deposit: the amount of money Lessee pays before using the services of Lessor;
Rent: the amount that the Lessee must pay for using the services of Lessor;
Article 2: The Lessor
1. Any questions, comments or complaints about the website, the site/app or other services of the Lessor can be submitted by means of the contact details below, preferably by email to info@uwdeelfiets.nl. Any questions, comments, or complaints must be submitted in a complete and detailed manner. We will strive to respond within 8 working days of submission of the question, comment or complaint.
Uw Deelfiets B.V.
Elisa van Calcarstraat 2
2135 LP Hoofddorp
info@uwdeelfiets.nl
Article 3 Applicability
1. These General Terms and Conditions apply to any use of the website www.uwdeelfiets.nl (both via computer and via mobile devices or any other software applications, such as the site/app which uses the same functionality) as well as to all leases concluded between the Lessor and the Lessee with regard to the Bike by means of the site/app.
2. By visiting, viewing and using the website and/or the site/app, you accept these General Terms and Conditions. If the Lessee does not agree to any of these Terms and Conditions, they should not use the site/app.
3. The Lessor may change these General Terms and Conditions from time to time. The most recent version of these General Terms and Conditions can be found on www.uwdeelfiets.nl at all times.
Article 4: The offer
1. The Lessee logs in via the website and/or the app.
2. The offer is contained in the site/app. The offer contains a complete and accurate description of the calculation of the Rent and possible additional cost elements and the method of payment.
3. In the site/app, the offer states the nearest locations of the available and free Bikes.
4. By using the site/app and accepting the offer, the Lessee binds them self to these General Terms and Conditions.
Article 5: Rent
1. The Rent is determined on the basis of the rates applicable at the Lessor on entering into the lease, as these are stated in the site/app. The amount of the Rent is determined on the basis of the time the Lessee spends on the Bike. After the Lessee has parked and locked the Bike at one of the Uw Deelfiets’ locations and ends the rental period, the time stops and the Rent is determined.
2. The
Lessee pay the Rent through a deposit paid before the first rent.
During registration or when the deposit balance is too low, the
Lessee can choose from the payment options and provide the
corresponding information. After ending the rental period, the Lessee
can choose to pay the open amount back within 2 weeks or choose that
the money left will be used for a next booking and that Lessor will
get extra discount at the next rental.
Lessee can also rent
and pay the bike via a business account.
Article 6: Payment
1. From the moment of using the Bike, the Lessee is required to pay the agreed rates for use. The Rent and all other amounts due in respect of the lease, as included in the statement, are transferred from the bank account/credit card number specified by the Lessee by direct debit or will be paid from the business account where Lessor and Company have a contract with.
2. The Lessee must have sufficient balance on the bank account specified by them, so that the Lessor can collect the Rent by direct debit, credit card or other payment method specified by the Lessee during registration.
3. If the Lessee chooses to rent a bike via a Company Contract, Company pays monthly via automatic collection or monthly invoice. If Company does not pay conform contract, Lessee will pay Lessor the rentals. Lessor has no responsibility to ensure payment by Company.
4. If there is a defect when using the Bike, the Lessee will remain obliged to pay the full Rent and any other amounts specified in the statement, unless they can show in respect of the Rent that they were unable to use the bike(s) as a result of a defect that was already present at the start of the rental period and no other Bike was available at that location.
5.
Lessor can book the balance to Lessee when Lessee mail Lessor. The
balance will be paid back after discharging € 10 administration
costs within 10 working days if all information is correct.
When
Lessor do not use the account and / or Lessor’s balance is not used
for 3 years, Lessee will remove the account and balance will be paid
to Lessor. Lessee can not complain.
Article 7: Late payment
1. The Lessee will be in default if the collection of the amount due has failed due to the lack of sufficient balance and/or the Lessee’s wrongful reversal of the collection, or due to any other cause that cannot be attributed to the Lessor.
2. If the collection of the amount due has failed, the Lessor will inform the Lessee hereof. In doing so, the Lessor gives the Lessee the opportunity to ensure that the amount can be collected within two weeks. During this period, the Lessor is entitled to temporarily block the Account pending payment of the amount due.
3. If, at that time, the collection or payment of the amount due again fails due to one of the causes mentioned in paragraph 1, the Lessor is entitled to block the Lessee’s Account and, moreover, to charge administrative costs and statutory interest over the period from the date on which the initial collection or payment failed. In that case, the Lessor will furthermore send the Lessee a payment reminder to pay the amount due within fourteen days. The reminder will be send to Lessee’s e-mail address. The Lessor is entitled to charge administrative costs for this payment reminder.
4. If the Lessee remains in default of payment despite the payment reminder, the Lessor is entitled – after the expiry of the period mentioned in the payment reminder – to charge the Lessee with the reasonable extrajudicial collection costs and the reasonable legal fees.
Article 8: Rental period
1. The rental period will start if and as soon as the Lessee reserves the Bike and ends when the Lessee locks the Bike at one of Uw Deelfiets’ locations and ends the rental. The Bike will be available for other Lessees. The Lessee pays for the period per hour during which he or she reserves the bike till giving the bike back for other Lessees.
2. If the Lessee fails to lock the Bike, this means that the rental period continues and the Lessee must pay the expenses due. The Lessor is entitled to charge an amount of €300, in addition to the expenses due, if the Bike is lost or stolen as a result of the failure to lock the Bike.
3. The Bike can be unlocked by using the site/app and following the instructions precisely.
4. The Lessor is entitled at all times to collect the Bike to transfer it to places where the Bike can be re let. This also means that the Lessor cannot guarantee the availability of a Bike at all times.
Article 9: Intended use
1. The
Bike may only be used by the registered Lessee in accordance with its
normal designated use. The Bike needs to be returned to one of Uw
Deelfiets’ locations as shown in the returnal page at the site/app.
The device location can be used at the moment of returning the Bike
at one of Uw Deelfiets’ locations.
If Lessor does not return
the Bike to the right location, Lessor can charge Lessee a € 75,00
transport fine. The Bike remains the Lessor’s property.
2. It is prohibited to relet the Bike to third parties. If the Lessor suspects that the Bike is being relet to third parties, it is entitled to take appropriate measures against the Lessee, including permanently blocking the Lessee’s Account.
3. The Lessee must act and use the Bike in accordance with the provisions of the Road Traffic Act (Wegenverkeerswet) and the General Municipal Bylaw (Algemene Plaatselijke Verordening) and all similar bylaws or government regulations that apply in the area wherein the Bike is used. If the Lessee participates in traffic, they must always observe all instructions given by public sector personnel or other persons that are authorised to give traffic instructions.
4. The Lessee must handle the Bike with due care. For example, the Lessee must take all precautionary measures against damage, loss of theft of the Bike.
5. The Lessee recognises that they are not the only user of the Bike and will use the Bike in such a way that they do not cause nuisance or injury to subsequent users thereof. If the Lessee stores the Bike in a place where the bike is too dirty to be used properly by the next Lessee, the Lessee will be charged a clean-up penalty of €50.
6. The Lessor is entitled to specify to the Lessee where they may not use the Bike. It is prohibited to use the Bike off of paved paths and/or roads.
7. The
Lessee will only store a non-functional Bike in places that are
publicly accessible, so that the Bike service are able to take and/or
repair the Bike. Lessee clearly specifies where the Bike is left
behind. Lessee administrates in the site/app the street, number,
place and description where the Bike is left behind.
If the
Lessee stores the Bike in a place outside one of Uw Deelfiets’
locations while the Bike can be used the Lessee will be charged a
transport penalty of €50. Alternatively, the Lessor will be
entitled to block the Account effective immediately.
8. Prior to use, the Lessee will subject the Bike to a visual check and will report any visible defects to the Lessor via the Bike app. Lessee will report a defect within 10 minutes after opening the Bike’s lock for the first time in that rental period and is entitled to change bike for free. If no other available bike is available at that location, the Lessee will receive the deposit without rental costs. When a defect occurs after 10 minutes of rental period, the rental period and possible damage costs because of not handling with due care, will be charged to Lessee.
9. It is prohibited to transport any persons on the Bike other than the Lessee.
Article 10: Damage, loss
1. In the event of damage and/or loss, the Lessee must report this via the corresponding option in the site / app or emails to info@uwdeelfiets.nl.
2. The
Lessee is obliged to report loss or theft of the Bike and/or
accessories during the rental period to the Lessor via the app within
24 hours, failing which the Lessor reserves the right to charge a
€300 penalty without prejudice to the right to recover the costs of
the Bike from the Lessee.
The lock shows periodically the current location. When Lessee reports quickly the loss, the Bike can maybe found. If the bike is found, the costs will be lower than the € 300 penalty.
3. The Lessor reserves the right to close the Lessee’s Account if the Lessee repeatedly leaves the Bike damaged after use. In such cases, the Lessor reserves the right to charge on the repair costs as a result of careless use to the Lessee. The Lessor cannot collect the amounts owed until four (4) weeks after it has notified the Lessee of the level and nature of the damage in writing. If the Lessee objects to the amount owed, or its level, within the aforementioned term of four (4) weeks, this constitutes a dispute within the meaning of Article.
4. The Lessee may not have the Bike repaired by anyone other than the person who issued the Bike on the Lessor’s behalf, unless the Lessor has granted permission to do so.
Article 11: Consequences of the established abuse of the app and/or Bike
1. If the Lessor receives pointers and/or complaints from Lessees or has other reasons to suspect that a certain Lessee is not acting in accordance with these General Terms and Conditions or is using the Bike in an unreasonable manner in any other way, the Lessor can take the following measures, among others:
a) The Lessor can ban the Lessee in question from using the Lessor’s services, block access to the Website and/or app or restrict certain functionalities for this Lessee. The Lessor is not liable for any direct or indirect damage of the Lessee as a consequence of such actions.
b) The Lessor can report the established facts to the relevant authorities;
c) The Lessor may recover all the damage that arises from the unreasonable use of the app and/or the Bike from the user in question.
Article 12: Costs during the rental period
All costs and taxes regarding the Bike are for the Lessee’s account. The costs relating to the use of the Bike, such as shelter and repairs, are for the Lessee’s account as well.
Article 13: Liability
1. The Lessor cannot be held liable for any damage that is a direct or indirect result of:
a) an event that is beyond its control and therefore cannot be attributed to its acts and/or omissions;
b) any act or omission of the Lessee.
2. The Lessor is not liable for damage, of any nature, resulting from the Lessor starting from incorrect and/or incomplete information that was provided by the Lessee.
3. If the Lessee or a third party makes changes to the Bike, the Lessor excludes any liability regarding the effect thereof and any consequential damage.
4. The Lessor is not liable for damage if the Lessee used the Bike incorrectly or contrary to the operating instructions and/or safety regulations.
5. Participating in traffic generally comes with risks. The Lessor is in no way responsible for dangerous situations, accidents or collisions with the Bike, irrespective of whether the Lessee or any third party is responsible or to blame for the cause thereof.
6. The Lessor is not liable for damage such as bodily injuries, death, material damage or damage to third parties as a result of using the Bike. The Lessee is responsible at all times for carefully handing the Bike. The use of the Bike is entirely for the Lessee’s risk.
7. The Lessor can never be held liable for any fines the Lessee got as a result of using the Bike.
8. The Lessor is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.
9. If the Lessor is liable for any damage, the liability of the Lessor is limited to the amount of the payment made by the Lessor’s insurer. If the insurer does not proceed to pay or if the damage is not covered by the insurance, the Lessor’s liability is limited to the maximum rent of the Bike for 7 days.
10. The right to claim and other powers of the Lessee against the Lessor by what ever virtue in any case lapse once 1 year has passed after the moment on which an event occurs in respect of which the Lessee can invoke these rights and/or powers against the Lessor.
11. The Lessee is liable for actions and omissions of users other than the Lessee during the rental period and during the extension or after this period has been exceeded without the Bike being returned to the Lessor.
12. The Lessee indemnifies the Lessor for claims of third parties.
13. The Lessor is not obliged to have a Bike available and for offer at all times. Nor is the Lessor liable for damage of a Lessee that arises as a result of the fact that a Bike is temporarily or permanently unavailable at certain locations.
14. The Lessee shall be liable without limitation for all traffic, parking and administrative offences, sanctions, penalties and other results of measures related to the use of a Bike, including all breaches of legal provisions as well as for any interference with possession committed by him or third parties to whom the Lessee has left Bike. The Lessee shall indemnify the Lessor and hold him harmless against any and all penalty and fines, fees and other costs, levied by the authorities or other bodies from the Lessor. As compensation for the Lessor's administrative handling costs incurred, the Lessor shall receive from the Lessee a flat-rate amount of EUR 18.50 (excl. VAT) for each such case without prejudice to the other rights of the lessor, including to claim greater damages or loss.
Article 14: Personal data
The Lessor processes personal data to offer its services via the site/app and the purposes mentioned in the General Terms and Conditions. The personal data of the Lessee are required to create an Account and to be able to use the Lessor’s services. The processing of personal data is regulated in the privacy policy that can be found on the website www.uwdeelfiets.nl.
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Article 15: Intellectual property
1. All intellectual property rights regarding the Uw Deelfiets website / app and their content are exclusively vested in the Lessor and/or its suppliers.
2. Intellectual property rights are taken to include all copyrights, patent rights, trademark rights, trade name rights, data bank rights, (unregistered Community) design rights, domain names and other rights in the Netherlands or elsewhere that are connected to the website and the Bike app of the Lessor in general, also including know-how and trade secrets.
Article 16: Amendment provision
1. If one or more provisions in these General Terms and Conditions are null and void or could be nullified, the other provisions of these General Terms and Conditions remain in full effect. In that case, the Lessor and the Lessee will enter into consultations in order to agree on new provisions to replace the null and void or nullified provisions, taking in to consideration the objective and purport of the original provision as much as possible.
Article 17: Dispute settlement
1. Disputes between the Lessee and the Lessor about the conclusion or performance of agreements regarding the products and services delivered or still to be delivered by the Lessor must be settled amicably as much as possible.
2. If the Lessee and Lessor have not arrived at an amicable solution within four months, the district court has exclusive jurisdiction to take cognisance of the dispute.
Article 18: Applicable law
1. Both these General Terms and Conditions and any lease between the Lessor and the Lessee are governed exclusively by Dutch law.
2. Any disputes will be submitted exclusively to the competent court of the District Court in Haarlem.