Rental conditions
1. Definitions
Bicycle(s): the bikes and e‑bikes provided by Rent‑a‑Bike van Dam.
Hub / Pick‑Up Location: the geo‑tagged location visible in the App where bicycles are picked up and returned.
Member: a natural person who has a subscription with Rent‑a‑Bike van Dam.
Rider: the person who makes the reservation and uses a bicycle for themselves and/or fellow riders.
Fellow Rider: a person using a bicycle rented by a Rider.
App: the mobile application of Rent‑a‑Bike van Dam.
Smartlock: the AXA E‑lock or a similar electronic lock used to lock/unlock bicycles.
Customer Service Hours: daily 10:00 – 17:00 (CET) from April to September. Modified hours from November to March.
2. Registration, Hardware & Software Requirements
● The Rider must create a profile and register via the App before using the services.
● The Rider must ensure that the information provided to Rent‑a‑Bike van Dam is accurate and must keep it up to date.
● The minimum age to use the app and vehicles is 12 years.
● The Rider needs a smartphone with average hardware performance, internet access, and capable of using Bluetooth and GPS and/or Galileo satellite navigation systems. The App requires Apple Inc.’s iOS or Google Inc.’s Android operating system.
3. Purpose of Contract, Payment, Formation of Agreement, Correction Options, Cancellation, Relocation Fees
3.1 Pay‑As‑You‑Go
● If the Rider wants to rent a bicycle only, they must select “Reserve Bike.”
● A reservation may include one or more bikes and can be made for the Rider and/or fellow riders.
● The clickable button “Select bike(s) and unlock” constitutes a legally binding offer from Rent‑a‑Bike van Dam to the Rider to rent the selected bike(s) under these T&Cs and the prices shown in the App. By clicking that button, the Rider accepts the offer, the agreement is concluded, and rental starts immediately.
● The current rental rate is displayed in the App during the ride.
● After reservation confirmation, the Rider is informed of the ride cost. Actual payment is made afterward via the linked payment method once the rental ends. Rent‑a‑Bike van Dam then sends a payment receipt to the Rider’s email.
● The Rider may cancel a reservation up until the moment the bike is unlocked for the first time during a rental. In that case, the full rental price is refunded, minus any processing fees as specified.
● The rental ends when the Rider returns the bike(s) to the same pick-up location and taps “Lock bike and end ride” in the App, completing the process until the App confirms the end of the rental. All bikes and e‑bikes must be physically locked according to the instructions in the App.
Relocation Fees (Distance to Pick‑Up Location straight‑line)
Up to 5 km: € 30
Over 5 km up to 15 km: € 60
Over 15 km up to 50 km: € 120
Over 50 km or not traceable: Day value of the bicycle (see Article 5)
4. Defects and Damage to the Vehicle
● Before unlocking and using the vehicle, the Renter must inspect it for visible defects or damage—including but not limited to tires, lights, brakes, saddle, and handlebars. If a defect or damage is found that makes the vehicle unsafe to use, the Renter must cancel the rental via the “Cancel rental” button in the App. No rental charges will apply for the defect or damage.
● Neither the Renter nor the fellow rider may use a vehicle that is unsafe to operate (e.g. due to damage or malfunction).
5. Renter Liability
● The bike must be locked at all times when pausing or ending the ride. If this is not possible, the Renter must immediately contact Rent‑a‑Bike van Dam via WhatsApp or email. The lock button can always manually lock the bike. The Renter is liable for improperly ended rides. The ongoing rental period or the day value of the bike in case of theft may be charged.
● The Renter is liable for damage due to theft or damage of their vehicle and that of the fellow rider during the rental period.
● The Renter must terminate the rental for themselves and any fellow riders. A rental not properly ended is automatically extended and the Renter is charged applicable relocation fees.
● If the rental is not ended and the Renter cannot be billed for the ongoing 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 found and returned—is considered lost or stolen, and the Renter is liable as described below.
● The Renter is responsible for the accuracy and currency of all data provided to Rent‑a‑Bike van Dam and indemnifies Rent‑a‑Bike van Dam against any damage or claims due to incorrect or outdated information.
Liability in Case of Missing or Stolen Vehicle – no Agreed Limit
● If the Renter did not lock the vehicle with the AXA E‑lock and the vehicle goes missing, the Renter is notified of the disappearance or theft and given 48 hours to respond. If no response, the vehicle—unless found and returned—is treated as lost or stolen, and the Renter is liable. If the vehicle remains missing for 7 days, Rent‑a‑Bike van Dam may charge the following amounts directly to the Renter’s credit card to compensate:
Bicycle: Day value of the vehicle
E‑Bike: Day value of the vehicle
● If the Renter is charged for a missing vehicle as described, and the vehicle is found later, Rent‑a‑Bike van Dam will refund 60% if the vehicle is returned within 60 days of the missing report, and 30% if returned within 90 days. No refund if returned after 90 days.
● The Renter is expressly allowed to prove that no financial damage or reduced value occurred, or that it is significantly lower than the amounts mentioned.
● If Rent‑a‑Bike van Dam can confirm the vehicles were locked at the time of theft, the Renter is not liable for the missing vehicle and no extra charges are applied.
6. Termination
● If the Renter willfully violates the Terms & Conditions, Rent‑a‑Bike van Dam may terminate access to Services, the App, and the Website, deactivate the account, and cancel it. In case of a minor infringement, Rent‑a‑Bike van Dam will inform the Renter to rectify it. If not rectified, Services, App, and Website will be terminated immediately and the account deactivated and cancelled.
● In such termination, the Renter is not entitled to any refund of paid rental or membership fees.
● The right to extraordinary termination remains unaffected.
7. Limitation of Liability of Rent‑a‑Bike van Dam
● Rent‑a‑Bike van Dam is liable for damage—except in case of breach of fundamental contractual obligations—only if caused intentionally or by gross negligence, in cases of injury to life, body or health, or claims under product liability law or warranty insurance. Fundamental contractual obligations are essential duties that the customer may expect to be fulfilled.
● For breach of fundamental obligations, liability is limited to foreseeable, typical contract damages, only if caused by gross negligence.
● The aforementioned exclusions or limitations also apply to related companies, legal representatives, employees and auxiliaries.
8. Miscellaneous
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● This contract is governed exclusively by Dutch law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory legal provisions—especially from the consumer’s country of residence—remain unaffected.
● If the Renter is a merchant, public-law legal entity or public special fund, the Dutch courts have jurisdiction over any disputes arising from contractual relations with Rent‑a‑Bike van Dam.
9. Malfunctions, Support and Limitation of Consequential Damage
● Rent‑a‑Bike van Dam endeavors to ensure availability and operation of bikes, smartlocks and App.
● If a malfunction or technical defect makes usage impossible, the Renter must report it promptly via the App, WhatsApp or email.
● No direct support is guaranteed outside business hours.
● Rent‑a‑Bike van Dam is not liable for indirect or consequential damage, including but not limited to taxi, hotel or replacement transport costs, missed appointments, lost revenue, reputational damage, delays, data loss or fines. Total liability per incident is limited to the lower of (i) three times the rental fee paid for that trip or (ii) € 150.
● At its discretion, Rent‑a‑Bike van Dam may offer compensation, such as (partial) refund or credit for future use.
10. Prohibited Use, Fines and Indemnification
● Prohibitions: (a) riding under influence of alcohol or drugs; (b) two persons on one bicycle; (c) stunts or reckless behavior; (d) violating traffic or parking rules.
Penalties (incl. VAT):
Alcohol / drugs: € 150
Second passenger: € 200
Stunts / dangerous riding: € 250
Helmet / lights rule violation: € 75
All fines imposed by authorities, towing or municipal fees are passed on one-to-one, plus € 25 administrative fee.
● The Renter indemnifies Rent‑a‑Bike van Dam against third-party claims arising from bicycle use.
11. Parking, Relocation and Lost‑Bike Policy
● Park bikes only in permitted locations.
● Incorrect parking or abandonment incurs relocation fees per Article 3.2.
● If the bike is found more than 50 km from the pick-up location or not found within 7 days, it is considered missing (see Article 5 “Day Value”).
12. Assumption of Risk and Additional Liability Limitation
● The Renter acknowledges the risks of participating in traffic with a bike or e‑bike and voluntarily accepts them.
● The Renter is responsible for wearing legally required protective gear (e.g. helmet) and complying with traffic regulations.
● Rent‑a‑Bike van Dam is not liable for injury or material damage resulting from misuse, lack of protective equipment, or violation of traffic rules, except in cases of intent or gross negligence.
● Rent‑a‑Bike van Dam is not liable for mobile network outages, internet access, GPS or Bluetooth failures, or damage caused by hacking, cyberattack, malware or unauthorized account use. The customer is responsible for securing their login credentials.
● Rent‑a‑Bike van Dam is not liable for loss of profit, expected savings, reputational damage, data loss or sanctions imposed by third parties.
13. Force Majeure & Service Availability
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● Force majeure includes power outages, network/system failure, extreme weather, pandemics, cyberattacks, governmental measures, strikes, war, fire, natural disasters, and any circumstances beyond reasonable control.
● In case of force majeure Rent‑a‑Bike van Dam may cancel rides and/or reservations without liability for any compensation.
● Rent‑a‑Bike van Dam aims to resolve malfunctions within 48 hours; failure to meet this deadline does not entitle to compensation.
14. Dispute Resolution
● Dutch law applies exclusively.
● Parties shall attempt to resolve disputes first through mediation.
● If mediation fails, disputes shall be settled by the Dutch Arbitration Institute (NAI) in accordance with its arbitration rules.
● Consumers retain the right to bring disputes before the competent court in their place of residence, contrary to clause 14.3.
Annex B – Technical Requirements Smartphone & Network
B.1. The Renter is responsible for a smartphone with working Bluetooth, GPS / Galileo and mobile data.
B.2. Any costs or malfunctions due to low battery, data connection or device defects are at the Renter’s risk.
B.3. The App supports the last two major versions of iOS and Android; older versions are not guaranteed.
