Rental conditions
1. Definitions
Bike(s): the bicycles and e-bikes provided by Rent-a-Bike van Dam.
Hub or Pick-Up location: the geo-tagged location for bicycles visible via the App, where bicycles are picked up and returned.
Member: a natural person who has taken out a subscription with Rent-a-Bike van Dam.
Rider: the person who makes the reservation and uses a bicycle for himself and/or a co-rider(s).
Co-rider: the person who uses a bicycle rented by a rider.
2. Registration, hardware and software requirements.
● The rider must create a profile and register through the App before using the services.
● The rider must ensure that the information provided to Rent-a-Bike van Dam is correct and is required to keep this information up-to-date.
● The minimum age to use the app and vehicles is 12 years old. To use an e-scooter in Germany, a minimum age of 16 is required. In Denmark, children under 15 are only allowed to ride e-scooters when accompanied by an adult aged 18 or older.
● The driver needs a smartphone with average hardware performance, which has internet access and is able to use Bluetooth and the satellite navigation systems GPS and/or Galileo. The App requires iOS from Apple Inc. or Android from Google Inc. as the operating system.
3. Contract purpose, payment, formation of contract, options for
correction, termination, relocation costs
3.1 Pay-As-You-Go
● If the driver only wants to rent a bike, he must select the option “Reserve bike”.
● A reservation can consist of one or more bikes and can be made for the driver himself and/or other co-riders.
● The presentation of the clickable button “Select and unlock bike” is a legally binding offer by Rent-a-Bike van Dam to the driver to rent his selected bikes in accordance with these T&Cs and the prices shown in the App. By clicking on the aforementioned button, the driver accepts this offer and the agreement is concluded and the rental starts immediately.
● The current rental price will be displayed via the App during the rental.
● After confirmation of the reservation, Rent-a-Bike van Dam will reserve the amount equal to one day’s rental of the rented bike from the driver’s credit card. If the rental lasts longer than one day (24 hours), Rent-a-Bike van Dam will reserve payment for the next 24 hours of the rental cost of the rented bike(s) from the driver’s credit card. Upon completion of the rental, the driver will be charged the actual price for the rental from their credit card. Rent-a-Bike van Dam will then send a payment receipt of the rental to the driver’s email account.
● The driver has the right to cancel a reservation until the bike is picked up and unlocked for the first time during a rental. In that case, the rental fee for the driver will be fully refunded and the reservation payment will be canceled.
● The rental ends when the driver returns the bike(s) to a pickup location and presses the “lock bike and end ride” button in the app and completes the process until the end of the rental is confirmed in the app. All bikes and E-bikes must be physically locked according to the instructions in the App.
● If the driver locks the bike without being at a pickup location and does not return it himself, the driver must pay a relocation fee of:
EUR 30 (incl. VAT) if the bike is within 5 km of the nearest available Hub.
EUR 60 (incl. VAT) if the bike is within 15 km of the nearest available Hub.
Additional distances will be charged to the driver depending on the cost of the vehicle.
Daily value of the bike if the bike is no longer found and the ride has not ended at the pickup location. See liability for loss.
4. Defects and damage to the vehicle
● Before unlocking and using the vehicle, the renter must inspect the vehicle for any visible defects or damage, including – but not limited to – tires and lights, brakes, seat and handlebars. If the renter finds any defect or damage that makes the vehicle unsafe to use, they must cancel the rental by pressing “cancel rental” in the app. The renter will not be charged for the defect or damage.
● The renter and the fellow traveler must never use a vehicle that is unsafe to use (for example, due to damage or a defect).
5. Liability of the renter
● The renter is liable for damages resulting from theft or damage to his vehicle and the vehicle of the fellow traveler during the rental period.
● The renter must terminate the rental for himself and for the fellow travelers. A rental that is not properly terminated will be automatically renewed and the renter will be charged the applicable travel expenses accordingly, if the conditions are met.
● If the rental is not terminated and the renter cannot be billed for the current rental, Rent-a-Bike van Dam will notify the renter to return the vehicle. The renter must respond within 48 hours, otherwise the rented vehicle – unless it is found and moved – considered lost or stolen and the renter is liable for it as described below.
Liability for loss of vehicle in case of theft / loss – no agreed limitation
● If the renter has not locked the vehicle with the Axa E-lock in case of loss, the renter will be notified of the report of loss or theft and given 48 hours to respond. If the renter does not respond, the rented vehicle – unless found and moved – will be considered lost or stolen and the renter will be liable. If the vehicle is missing for 7 days, Rent-a-Bike van Dam has the right to charge the renter the following amounts directly to his credit card to compensate Rent-a-Bike van Dam:
Bicycle: Day value of the vehicle
E-Bike: Day value of the vehicle
● If the renter is billed because of a missing vehicle as described, and the vehicle is later recovered, Rent-a-Bike van Dam will refund the renter 60% of the amount if the vehicle is recovered within 60 days of the
report of loss is recovered, and 30% of the amount if the vehicle is recovered within 90 days of the report of loss. If the vehicle is recovered more than 90 days after the report of loss, the renter will not receive a refund.
● The renter is expressly permitted to prove that no financial damage or depreciation has occurred at all, or that the financial damage or depreciation is substantially less than the above amounts.
● If Rent-a-Bike van Dam can confirm that the vehicles were locked when stolen, the renter is not liable for the loss of the vehicle and no additional charges will be made.
6. Ending
● If the renter culpably violates the General Conditions, Rent-a-Bike van Dam is entitled to terminate the use of the Services, the App and the Website and to deactivate and cancel the account. In case of a minor violation
Rent-a-Bike van Dam will inform the renter so that he can terminate the infringement. If he does not terminate the breach, Rent-a-Bike van Dam will immediately terminate the Services, the App and the Website and deactivate and cancel the account.
● In the event of such termination, the renter will not be entitled to a refund of any rental or membership fees paid.
● The right to extraordinary termination remains unaffected.
7. Limitation of liability Rent-a-Bike van Dam
● Rent-a-Bike van Dam is liable for damages – except in case of a violation of fundamental contractual obligations – in case of injury to life, body or health or in case of claims arising from the product liability law or a warranty insurance – only if this has been caused intentionally or by gross negligence by Rent-a-Bike van Dam. Fundamental contractual obligations are those obligations that are essential
are for the achievement of the contractual purpose and which the customer may trust to be fulfilled (cardinal obligations).
● In case of breach of fundamental contractual obligations, Rent-a-Bike van Dam is liable for foreseeable damages typical of such contracts only if caused by gross negligence.
● The aforementioned exclusions or limitations of liability apply accordingly to claims against Rent-a-Bike van Dam affiliates, legal representatives and other employees of Rent-a-Bike van Dam and its auxiliary persons.
8. Miscellaneous
● This contract is subject to Dutch law, to the exclusion of the United Nations Convention on the International Sale of Goods (CISG). The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions, in particular of the country where the hirer, as a consumer, has his/her residence, remain unaffected.
● If the renter is a merchant, a legal entity under public law or a special fund under public law, the court is competent for all disputes arising from contractual relations between Rent-a-Bike van Dam and the renter.
