Terms and Conditions Deelfiets

Article 1. Definition

Deelfiets Nederland:
The private company with limited liability Deelfiets Nederland B.V., with its registered office in Zwolle, registered in the trade register of the Chamber of Commerce under number 82854009.

Application:
The mobile application that the contract holder uses.

Usage:
Reserving and actually using a bicycle.

User:
A natural person who uses a bicycle. User is the person with whom Deelfiets Nederland has entered into an Agreement.

(Electric) bicycle:
A bicycle that uses the Deelfiets Nederland platform.

Agreement:
The agreement whereby the contract holder rents a bicycle from Deelfiets Nederland.

Rate list:
List of rates for the use of a bicycle. The rate list is part of the business usage agreement.

Article 2. Application of general terms and conditions

These general terms and conditions apply to all user agreements with contract holders.

Article 3. Registration

  1. Deelfiets Nederland reserves the right to refuse the registration of a potential user if there is reason to believe that the applicant will not behave in accordance with the agreement.
  2. The user must provide all information that Deelfiets Nederland requires to create a user account. This concerns the user's first and last name, home address, email address and mobile number. The user is always responsible for the correctness of this data.
  3. When creating your account you agree to the following terms:
    1. It is not permitted to share your login details with others.
    2. It is your responsibility to update your personal information if any changes apply.
    3. If Deelfiets Nederland cancels your account, you are not allowed to register again.
    4. You may not use the Deelfiets Nederland platform for commercial purposes.

Article 4. Means of access

  1. To enable use, the user must have his own user account.
  2. A bicycle is reserved by the user via the Deelfiets Nederland website or with the Deelfiets Nederland app. Deelfiets Nederland has the right to refuse this reservation in the event that no bicycles are available or in all other cases where a reservation cannot reasonably be accepted.
  3. Voor gebruik van de applicatie als toegangsmiddel dient de gebruiker over een mobiele telefoon te beschikken die voldoet aan de technische vereisten.

Article 5. Rental agreement and fees

  1. Users can rent bicycles from Deelfiets Nederland through reservations via the website or the mobile application.
  2. The rental agreement for the use of Deelfiets Nederland is concluded as soon as the user starts the rental with the application.
  3. The user agrees to pay the prices at the chosen rate applicable at the time of commencement of the separate rental agreement. The relevant rate will be displayed to the user in the application for each rental. All rates and fees will be set out in the applicable fee schedule as may be issued from time to time. These are the final prices including the applicable VAT.
  4. Unless otherwise stated, a reservation will only be made once the user has paid.
  5. User can extend a reservation after permission from Deelfiets Nederland and if the availability of the bicycle allows this. In the event of an extension of a reservation, the user is liable for the additional costs.

Article 6. Termination of the rental agreement

  1. The rental agreement is entered into for an agreed period and ends when the user returns the bicycle to the rental location and ends the ride in the application.
  2. The rental location referred to in the previous paragraph is the location where the shared bicycle was received or another location if Deelfiets Nederland has expressly determined that a bicycle can be returned to that location, even if the bicycle has been rented at another location.
  3. If the user has not returned the bicycle within the agreed period after issue and we do not have an extension of the rented bicycle. Deelfiets Nederland has the right to charge the user a fine of €50, plus the damage costs and any repair costs, and in the event of loss, the current value of the bicycle.
  4. If the rental cannot be terminated for any reason, the user must contact Deelfiets Nederland immediately. Any additional rental costs incurred will be refunded after inspection by Deelfiets Nederland if the user is not at fault.

Article 7. Obligation of Deelfiets Nederland

Deelfiets Nederland ensures that:

  1. The user receives a bicycle that is in a good and safe condition, meets the legal requirements and is provided with the necessary means for the user to protect the bicycle against theft.

Article 8. Obligation of the user

The user is obliged to the following:

  1. The user is obliged to subject a bicycle to a simple visual inspection before use in order to check for errors, defects, damage and/or other imperfections. If any imperfections are found, they must be reported immediately to Deelfiets Nederland. The user has up to fifteen minutes after the start of the reservation to do so.
  2. The user uses a bicycle as can be expected from a good renter, according to the applicable traffic rules and the applicable standards of decency. When storing, the user locks the bicycle with the two supplied locks.
  3. The user may not transport other persons on the bicycle.
  4. The user does not make any changes to the bicycle.
  5. The user is obliged to return the shared bicycle to a designated location of the Deelfiets Nederland collection point where use started. The shared bicycle must then be locked and, if necessary, attached to the lock&load.
  6. If this is not met, there is a faulty rental end and the user owes the costs to Deelfiets Nederland in accordance with the then applicable rate list.
  7. The shared bicycle may only be used within a radius of 25 kilometers from the Deelfiets Nederland point, only within the Netherlands. Use outside the Netherlands is expressly prohibited.
  8. If the user does not fulfill his obligations in accordance with the agreement and these general terms and conditions while using the shared bicycle, Deelfiets Nederland has the right to terminate the current and future use of the shared bicycle by the user with immediate effect.

Article 9. Bicycle damages and repairs

  1. Repairs to the shared bicycle are at the expense of Deelfiets Nederland, unless the damage is the result of the behavior of a user or is at the user's risk (such as an accident with the shared bicycle). Deelfiets Nederland can collect an amount equal to the repair costs from the user in the event of careless use. Deelfiets Nederland can only collect the amounts due one (1) week after Deelfiets Nederland has informed the user in writing of the amount and nature of the damage.
  2. With the exception of the situation described in paragraph 3 of this article, the user is not permitted to have repairs carried out on the bicycle by anyone other than the person designated for this purpose by Deelfiets Nederland, unless Deelfiets Nederland has given permission for this. Deelfiets Nederland only needs to grant this permission if this is reasonably necessary, given the nature of the defect and the circumstances of the case.
  3. If damage occurs to the shared bicycle during the rental period, the user must return the (damaged) shared bicycle to the Deelfiets Nederland collection point, unless other arrangements have been made after the damage has been reported.
  4. The User must report damage to the shared bicycle to Deelfiets Nederland as soon as reasonably possible (by email to: info@deelfietsnederland.nl or by telephone to: 038-8888502).

Article 10. Loss and theft

  1. The user must report loss or theft of the bicycle to Deelfiets Nederland as soon as reasonably possible (by email to info@deelfietsnederland.nl or by telephone to: 038-8888502).
  2. Furthermore, in the event of theft, the user will report it to the police as soon as possible.
  3. The user is liable for all damage caused by loss or theft of the bicycle during the rental period.
  4. In the event of theft or loss, the user is mainly liable for the applicable damage caused by Deelfiets Nederland, up to the amount per incident per bicycle of €250, unless the user proves that the theft or loss is not attributable to him/her. Damage in this context can in any case be blamed on the user in the event of gross negligence, intent or deliberate recklessness or failure to follow the user manual by the user.

Article 11. Liability

  1. Deelfiets Nederland is not liable for damage that:
    1. was caused by intent or deliberate recklessness of the user.
    2. Arises from defects that cannot be attributed to Deelfiets Nederland.
    3. Has arisen due to a situation that is at the expense and risk of the user by law or by virtue of these general terms and conditions.
  2. Deelfiets Nederland is not liable for any consequential damage resulting from the fact that the user has been (temporarily) unable to use a shared bicycle.
  3. The user may not accept liability or make a similar statement in the event of an accident involving a shared bicycle driven by him. If, despite this prohibition, the user makes a statement accepting liability, this statement only applies to the user personally. Neither Deelfiets Nederland nor its insurers are bound by this statement or commitment.

Article 12. Failure to furfill an agreement

  1. If one of the parties fails to fulfill an obligation under one of the agreements, the other party may suspend compliance with the corresponding obligation under the relevant agreement. In the event of partial or improper performance, suspension is only permitted to the extent that the shortcoming justifies this.
  2. Both the user and Deelfiets Nederland have the right to terminate the subscription if the other party has repeatedly and/or seriously failed to fulfill its obligations under the rental agreement.

Article 13. Data processing

  1. The user is always responsible for the accuracy of the data he provides to Deelfiets Nederland. Changes to data and/or changes to e-mail address must be made by the user in the application.
  2. The user agrees that Deelfiets Nederland stores the data provided and that it may be shared with third parties when this is necessary for the performance of its services.
  3. The user allows Deelfiets Nederland to register the use of the bicycle. This data is recorded and stored in particular for billing purposes and to improve the services. This in any case concerns the registration of the location and time of the actual use of the shared bicycle.
  4. The user also allows Deelfiets Nederland to use this data and, if Deelfiets Nederland deems this necessary for the performance of its services, to provide it to third parties.

Article 14. Prices

  1. The prices for use are determined by:
    1. Whether or not the user takes out a subscription;
    2. The moment of use by the user;
    3. The duration of use by the user;
    4. The time at which the use takes place.
    5. The exact prices are stated in the application and on the website.
  2. Deelfiets Nederland reserves the right to change the rate list. Deelfiets Nederland will announce changes at least two (2) weeks before they come into effect.

Article 15. Usage form

  1. The user can use the Deelfiets Nederland platform in two ways, by paying via ideal before entering into a rental agreement. Or by linking a business subscription to your account.

Article 16. Payments and invoices

  1. Payment before entering into a rental agreement can be done via the application and is handled by Stripe. Deelfiets Nederland ensures that payment via Stripe is always secured.
  2. Business users authorize Deelfiets Nederland to automatically collect the amount due (including rental amounts). Collection is done by debiting the amount due.

Article 17. Complaints

  1. Complaints about the implementation of the agreement(s) must be submitted in a timely, fully and clearly described manner to:
    Deelfiets Nederland Netherlands by:
    1. E-mail: info@deelfietsnederland.nl
      O.v.v. Complaint Deelfiets Nederland
  2. Complaints submitted within one (1) week after the incident occurred will in any case be timely.
  3. Deelfiets Nederland will provide a written response to complaints submitted in writing within two (2) weeks or inform the user of the reasonable period required for response. This communication may also include a request to provide further information and to submit further supporting documents, which in the opinion of Deelfiets Nederland are necessary for a response.
  4. If the parties do not reach an agreement by mutual agreement about resolving the complaint, a dispute will arise.

Article 18. Dispute settlement

  1. Disputes between users and Deelfiets Nederland regarding the conclusion or implementation of agreements relating to services and items to be delivered or delivered by Deelfiets Nederland must be resolved amicably as much as possible.
  2. If the user and Deelfiets Nederland do not reach an amicable solution, only the court has jurisdiction to hear the dispute.

Article 19. Changes

  1. Deelfiets Nederland is entitled to change the agreement or the general terms and conditions at any time.
  2. The changes will enter into force two (2) weeks after their announcement or a later date, if this is stated in the announcement, unless a different legal period is required, which will then be applied.
  3. The provisions of the previous paragraph do not apply:
    1. If the change is exclusively for the benefit of the user;
    2. If the change does not reasonably have any consequences for the (legal) position of the user;
    3. If the user is offered the option to refuse the changes;
    4. If the changes have already been adopted when entering into the agreement, such as the adjustment of the number of bicycles or the requirements for correct use.
    5. If the change is prescribed by the government.

Article 20. Applicable law

Dutch law applies to the subscription and rental agreements.