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Terms and Conditions

1. Definitions

The General Terms and Conditions feature the following defined terms:

Renting agreement
the agreement between ClicknBike and the Renter concerning the use of the Bicycle by the Renter during the mutually agreed period as well as any other agreement between ClicknBike and the Renter

General Terms and Conditions:
these General Terms and Conditions of ClicknBike apply to every renting agreement

End Date:
the date on which the Renting agreement ends

Bicycle:
the Bicycle made available to the Renter by ClicknBike based on the Renting agreement for use by the Renter in accordance with the General Terms and Conditions

Renter:
any natural or legal person who concludes a Renting agreement with ClicknBike

ClicknBike:
ClicknBike BV, Westlandgracht 205-h, 1059 TM Amsterdam, KVK-nummer 75393069.

 

2. Applicability

2.1 The Dutch version of the Terms and Conditions ClicknBike remains leading at all time, this translation is only provided for communication purposes.

2.2 These General Terms and Conditions apply to every Renting agreement between ClicknBike and a Renter.

2.3 Agreements between ClicknBike and Renter in deviation from, or in addition to, these General Terms and Conditions are valid only if they explicitly and in writing are confirmed by ClicknBike via an e-mail.

2.4 All currency amounts mentioned by ClicknBike include VAT.

 

3. Renting agreement

3.1 For the duration of the renting period the renter will be able to use a Bicycle.

3.2 The Bicycle is delivered with a ring- and a push-in chain lock.

3.3 The rental agreement gives the right to free maintenance. This is understood to mean:

The free repair of defects to the Bicycle is caused by wear and normal use of the bicycle if necessary,
the free exchange of the bicycle within the city borders where ClicknBike is active
3.4 The Bicycle can be provided with an advertisement. If the advertisement is damaged or is completely removed from the Bicycle, the Renter shall notify ClicknBike immediately.

 

4. Terms and Conditions

4.1 The Renter uses the Bicycle in the usual way and takes care of the Bicycle with due care and diligence.

4.2 The Bicycle is intended exclusively for personal use by the Renter.

4.3 The Bicycle remains the property of ClicknBike at all times. The Renter is prohibited to establish or grant any (security) right to the Bicycle for use by a third party.

4.4 The renter is personally responsible for compliance with the General Terms and Conditions.

4.5 The Renter is responsible for timely passing on changes to the data known to ClicknBike, such as a new address.

4.6 The renter may not make any changes to the Bicycle that cannot be removed without damaging the Bicycle.

4.7 The renter must be at least 18 years old and able to conclude legally binding renting agreement with ClicknBike. For minors the supervision of an adult is required.

 

5.  Repair and replacement

5.1 ClicknBike aims to repair/replace a Bicycle within 3 hours after the Renter has contacted ClicknBike via telephone, e-mail or WhatsApp. This takes place by appointment with the Renter.

5.2 If this target time period is not met, the Renter cannot claim any compensation or remuneration.

5.3 Repairs or replacement takes place only in the case of a defect, loss or theft of the Bicycle and only within the city borders in which ClicknBike is active.

5.4 When the Renter request is wrong, ClicknBike has the right to charge EUR 20,00 call-out charges. When the Renter does not appear at a scheduled appointment this will also be considered as a wrong request.

5.5 When there is an appointment for the repair or replacement of a Bicycle, the Renter transfers the defective Bicycle to ClicknBike.

 

6.  Renting agreement

6.1 The renting agreement is concluded for a mutally agreed period.

6.2 The Bicycle is to be made available to ClicknBike by the Renter no later than 8 pm on the End Date.

6.3 In case that the Bicycle is returned by the Renter before the End Date, all rights of the Renter under the terms of the Renting agreement are terminated. The renster still is obliged to pay the rental costs related to the end date.

6.4 Prior to returning the Bicycle to ClicknBike, the Renter can extend the renting agreement by sending an email to ClicknBike, specifying the new End Date. The extra costs will be charged to the Renter. After payment of the charges ClicknBike will confirm the extension by email.

6.5 If the Bicycle has not been returned to ClicknBike by the Renter on the End Date, the Renter shall owe a penalty of EUR 10,00 per day until the Bicycle has been returned to ClicknBike, or the Renting period has been reactivated, this with a maximum of seven days.

6.6 If the Bicycle is not returned within seven days after the End Date to ClicknBike and the Renting agreement is not reactivated, subsequently ClicknBike will report a theft by the renter. In that case, the Renter is also be obligated to compensate ClicknBike for damage suffered, which is set at EUR 450,00.

6.7 The Renter is aware that the Bicycle can be owned by a leasing company. If the Bicycle is owned by a leasing company, the Renter will be obliged, on the leasing company’s demand, to either hand over the Bicycle to the leasing company.

 

7.  Theft or missing

7.1 In case of loss or theft of the Bicycle, the Renter is obliged to notify ClicknBike within 24 hours, and file a police report together with an employee of ClicknBike. In this case, the Renter pays an amount of EUR 50,00 and receives a replacement Bicycle from ClicknBike.

7.2 If the renter does not, or not timely, report the loss or theft of the Bicycle, or does not return the key to ClicknBike, the Renter owes ClicknBike an amount of EUR 450,00.

7.3 To prevent incidents such as loss, theft and damage, the Bicycle should always be double locked using the provided ring and chain lock. Wherever possible, the Bicycle should be attached to an object with the chain lock.

7.4 If the Bicycle is not double locked/attached and there is an incident, including a case of vandalism, loss or theft, the Renter will owe a negligence surcharge of EUR 400,00. This amount is in addition to the amount of EUR 50,00 metioned in 7.1.

7.5 When a lost or stolen Bicycle is found within the term of the Renting agreement, the Renter will be credited up to a maximum of the paid deposit. ClicknBike determines the amount to be paid back based on the condition of the Bicycle and possible other costs.

7.6 If it becomes apparent that the Renter provided incorrect information to the disadvantage of ClicknBike, ClicknBike is entitled to charge an unfairness surcharge of EUR 100,00. This amount is in addition to the deductible and possible negligence surcharge.

7.7 If parts of the Bicycle are missing or stolen, ClicknBike has the right to charge this to the renter up to the maximum amount of the deductible. A price list of parts is available on request by ClicknBike.

7.8 If the Bicycle has been removed by the municipality, the Renter has at least three days to collect it at the municipal (bicycle) depot. Any acquisities costs are at the expense of the Renter. After the Bicycle has been available for at least three days at the depot, ClicknBike will collect the Bicycle and contact the Renter to deliver a new Bicycle. ClicknBike has the right to charge costs for this to the Renter such as any acquisition costs.

 

8.  Damage

8.1 The Renter shall report damage to the bike caused by vandalism to ClicknBike within 24 hours.

8.2 In case of damage or and wear and tear of the bike other than what is to be expected from normal use, at the discretion ClicknBike, ClicknBike reserves the right to recover the costs from the Renter.

8.3 In case of damage caused by (contributory) negligence of a third party, the Renter is obliged to provide ClicknBike with the contact details of this third party and a situation description signed in agreement by both parties. A form to report the damage can be provided by ClicknBike. If no contact details of the third party are submitted, the damage will be charged to the Renter.

 

9.  Payments

9.1 Upon closure of a Renting agreement the Renter is obliged to pay upfront.

9.2 In case of additional charges, such as the deposit and surcharges, ClicknBike reserves the right to demand payment thereof before providing the Renter with a new Bicycle.

9.3 When the Renting agreement or other costs cannot be debited or are wrongly reversed, the Renter is legally in default. The renter will then receive a reminder to still pay the amount due within fourteen days. If the amount due is not fulfilled within the period of fourteen days, ClicknBike can engage a collection agency. All additional administrative costs and extrajudicial collection costs are at the expense of the Renter.

 

10. Liability

10.1 If the Renter starts using a Bicycle, this will be regarded as proof that the Bicycle is functioning properly and shows no defects.

10.2 In case of doubt by the Renter concerning the safety of the Bicycle, ClicknBike must be contacted immediately.

10.3 The use of the Bicycle by the Renter is at the renters own risk.

10.4 ClicknBike is not liable for any damage suffered by the Renter as a result of using the Bicycle, unless there is wilful conduct or gross negligence on the part of ClicknBike.

10.5 The renter is responsible for the timely notification of any defects and/or damages of the Bicycle.

 

11. Amendments

11.1 ClicknBike reserves the right to change the Renting costs.

11.2 Amendments to the General Terms and Conditions will be made available on the website www.ClicknBike.com.

11.3 ClicknBike has the right to transfer its claims on the Renter to third parties at all times and for whatever reason.

11.4 The Renter can extend the Renting agreement to a later Enddate, as specified in 6.4.

 

12. Non-compliance with obligations

12.1 ClicknBike reserves the right to terminate the Renting agreement with immediate effect in whole or in part by means of a written notification to the renter, in case of:

• the Renter is in default with regard to his/her obligations under the Renting agreement;
• according to ClicknBike, the renter misuses the service provided by ClicknBike;
• the Renter intentionally provides incorrect information to ClicknBike, or
• the Renter is presumed not to be able to fulfil the obligations of the Renting agreement any more.

12.2 The Renter has the right to terminate the Renting agreement with immediate effect if ClicknBike has repeatedly and/or seriously failed to fulfil its obligations as described in the General Terms and Conditions.

 

13. Digital data and en privacy

13.1 ClicknBike considers the protection of your personal data to be important. How we protect your personal data is explained in our Privacy Statement. This can be consulted at www.ClicknBike.com/en/privacy. Questions or remarks in this regard may be addressed to info@ClicknBike.com.

 

14. Applicable law. Disputes

14.1 Dutch Law applicatie to the Renting agreement and the General Terms and Conditions.

14.2 All disputes arising from or related to the Renting agreement will be exclusively submitted to the competent court of Amsterdam.

www.ClicknBike.com Version August 2019