General rental conditions bicycle, and scooter rental Volendam Rent & Event BV.
These General Terms and Conditions of Rent & Event BV are established as at 02-08-2023.
DEFINITIONS
In these terms and conditions, the following definitions shall apply:
bicycle: a two- or multi-wheeled vehicle powered by muscle power through pedals and having a speed not exceeding 25 km/h including the accessory(s) being rented;
scooter: a two-wheeled vehicle propelled by means of an engine that has a speed of up to 25 km/h including the accessory(s) being rented;
hirer: the natural or legal person who concludes the hire agreement as hirer;
lessor: the natural person or legal entity of Rent & Event which concludes the rental agreement as lessor;
consumer: the hirer who is a natural person and has entered into the rental agreement for purposes outside his business or professional activity;
landlord's loss: the property damage suffered by the landlord as a result of:
damage (including abnormal wear and tear) or loss of the bicycle or Scooter, or of accessories (such as a key), or of bicycle or Scooter parts. This damage includes the cost of replacing (accessories and parts of) the bicycle or scooter and loss of rental income; rider: the actual driver of the bicycle or scooter;in writing: in writing or electronically.
Article 1 - Applicability
These general terms and conditions apply to rental agreements of bicycles or scooters between landlord and tenant.
Article 2 - The offer
1. Tenant may choose whether landlord makes an offer in writing or orally.
2. An offer may be revoked if the offer is subject to availability
of a bicycle or scooter. Otherwise, the offer cannot be revoked for 14 days. The offer can be accepted immediately after release.
3. The offer shall contain a complete and accurate description of:
- the bike or scooter;
- the lease term;
- the rental fee;
- the method of payment;
- the possible additional costs;
- the amount of the excess, whether this excess can be bought off or not
- any deposit or other means of providing security. This deposit shall not exceed €50 and may be paid in cash or by other means;
- the fact that acceptance of the offer is not without obligation.
4. The offer contains the company's opening hours and the phone number where the company can be reached.
5. The offer is accompanied by these general terms and conditions. If it is not possible to provide them with the offer, the general terms and conditions will in principle be provided when concluding the agreement, but in the case of a telephone rental appointment, they will follow later.
Article 3 - The agreement
1. The agreement is made by acceptance of the offer. The landlord shall confirm the verbal agreement in writing, but if not, the agreement shall stand.
2. The rental agreement shall apply for the period and rate as stated on the rental agreement or as otherwise agreed. The rental agreement shall state day and time when the rental period begins and ends.
Article 4 - Dissolution (cooling off period)
Tenants have a right of dissolution for 14 days after the lease is concluded. This does not apply if the rental agreement was concluded in direct contact between landlord and tenant within a sales area, for example at the rental counter. It also does not apply if the rental has already been performed with the consumer's consent during the cooling-off period and the consumer has agreed that no right of dissolution applies. If the rental has been partially performed with the consumer's consent during the cooling-off period, the consumer will pay for the service on a pro rata basis upon dissolution during the cooling-off period.
Article 5 - The price and price changes
1. The rental price and any additional costs shall be agreed in advance. This also applies to any possibility of changing the price in the interim. The rental price will be clearly stated on the rental agreement.
2. If a price change occurs within three months of the conclusion of the agreement, it shall not affect the agreed price.
3. The consumer may cancel the contract if the price goes up after three months from the conclusion of the contract, but before the rental period has started.
4. The second paragraph shall not apply to price changes arising from the law, such as an increase on account of VAT.
5. Only costs agreed upon can be charged to the tenant. However, the tenant must pay damages to the landlord if there is a reason to do so.
Article 6 - The rental period and exceeding the rental period
1. Renter must return the bike or scooter no later than the day and time the rental period ends. The address is on the rental agreement. If another address has been agreed, the bicycle must be returned there on time. Lessor must collect the bicycle or scooter, during opening hours.
2. The Renter may return the bicycle or scooter outside opening hours or at a different address only with the Renter's consent.
3. If the bicycle or Scooter is not returned as agreed after the end of the rental period (which may be extended), Landlord may take back the bicycle or Scooter immediately. The contractual obligations of the Renter shall continue until the bicycle or Scooter is returned to the Rental Company.
4. In case of late return, below 40 bikes 30 e-fatbikes 20 e-scooters will be charged €100.00 per half hour and above 40 bikes 30 e-fatbikes 20 e-scooters will be charged €200.00 per half hour.
Article 7 - Cancellation
Should you wish to cancel the reservation unexpectedly, we apply the following cancellation policy.
More than 1 month before the reserved date: 0% cancellation fee (this means no cancellation fee)
1 month or less but more than 14 days before the booked date: 20% cancellation fee
14 days or less before reserved date: 50% cancellation fee
2 days or less before the reserved date: 100% cancellation fee.
Article 8 - Payment
1.Upon confirmation of the booking, the invoice will be issued that must be paid within 14 days unless otherwise notified.
2. In the event of damage by the lessor, this will be passed on.
If another person has caused damage from the lessor and the lessor has received full compensation for this from this third party, the deposit will be refunded within 14 days of the damage being recovered. Landlord will make every effort to recover damages caused by third parties as soon as possible. The landlord shall keep the tenant informed of its efforts.
4. If the rental period begins more than three months after the conclusion of the agreement, the landlord may request advance payment of up to 100% of the rental. Unless otherwise agreed, the rent must be paid at least 1 month prior to the rental period. Other amounts must be paid within fourteen days of receiving the invoice. The tenant must pay the amount due before the expiry of the payment date. If he fails to do so, the lessor will send a reminder after that date, free of charge, and will give the lessee the opportunity to pay the outstanding amount within fourteen days of receiving this reminder. If payment is still not made after the payment reminder has expired, the lessor is entitled to charge interest from the moment of default. This interest shall be equal to the legal interest rate. Judicial and extrajudicial costs incurred by a party to enforce payment of a debt may be charged to the other party. The amount of these costs is subject to (legal) limits. These may be deviated from in the tenant's favour.
Article 9 - Tenant's obligations
1. The renter must treat the rented bicycle or scooter neatly and ensure that he uses it as intended. For example, he must treat the charger properly and charge it regularly. It is forbidden to use the bike or scooter on a track, or on any terrain for which the bike or scooter is not suitable. The bike or scooter must always be locked with the locks provided, as far as possible to a fixed object.
2. Hirer is obliged to comply with the applicable traffic rules in the area where he is located. If the rules are violated where an arrest or a traffic fine results, the Hirer is responsible for paying the fine money. The Lessor cannot be held responsible in any way for violating generally applicable traffic rules. This includes 'driving through red lights', 'driving in the wrong lane, not intended for scooters', 'not wearing a helmet in areas where it is compulsory', etc.
3. Renter must return the bike or scooter in the same condition as he received it. This means, for example, that Renter must undo any changes to the bike or scooter. Renter is not entitled to compensation if he has made any improvements to the bike or scooter which must be removed.
4. Renter must carefully secure luggage on the bike or scooter. No adults are allowed on the back, only children in child seats.
5. Renter must ensure that no person uses the bike or scooter who is unable to do so because of a physical or mental disability.
6. Renter may not sublet the bike or scooter.
7. Renter may not take the bike or scooter to other countries except Belgium and Germany. If the rental company agrees otherwise in a written agreement, the bike or scooter may go to those other countries in accordance with that agreement.
8. If the bike or scooter is broken, Article 10(1) applies and the hirer may not continue to ride it if this makes it worse.
9. Renter is obliged to make those he allows to use the bike or scooter aware of the rules of the rental and ensure that they comply with them.
10. Renter must treat the keys of the bike or scooter neatly.
Article 10 - Instructions for the hirer
1. If the bike or scooter is visibly broken, the bike or scooter has damaged something, or the bike or scooter goes missing, then the renter must follow these instructions:
- tenant informs the landlord accordingly;
- tenant does what the landlord asks him to do;
- tenant provides all information and relevant documents to the landlord or its insurer on its own initiative or in response to a request;
- Tenant will leave the bike or scooter in such a way that it will be properly protected against damage or loss;
- the landlord may wish to seek damages from someone else. It may also happen that a third person thinks that landlord should pay him compensation and landlord wishes to go against this. In such cases, the tenant must cooperate.
2. If the bike or scooter goes missing, Renter is obliged to report it to the local police.
Article 11 - Obligations of the lessor
1. At the time the Rental Company gives a (electric) bicycle or scooter to the Hirer, it will have the agreed accessories and specifications and also the equipment required in the Netherlands. The bicycle or scooter will also be clean, well maintained and (as far as known or known to Rental Company) in a technically sound condition. In the case of an electric bicycle or scooter, the battery will be fully charged.
2. Renter will receive an upgrade free of charge if no bike or scooter can be provided from the agreed category. Such an upgrade will not succeed if the agreed bike or scooter is already in the highest category.
3. The rental agreement contains telephone numbers where tenant can report in and out of opening hours.
4. There is adequate roadside assistance in the Netherlands as well as in Belgium and Germany. For other countries, breakdown assistance only applies if the parties have agreed that the bicycle or scooter may be used in these countries.
5. Adequate breakdown assistance means in any case that replacement transport, as far as possible equivalent, will be offered by the rental company if a defect in the bicycle or scooter needs to be repaired. The bicycle or scooter will be repaired immediately, unless this is not reasonably possible. If breakdown is due to own fault, the cost of assistance will not be reimbursed by Lessor.
6. Lessor shall inspect the bicycle or scooter immediately upon return by Renter for any damage. This applies both when the bicycle or scooter is returned to the landlord's premises and when it is returned to another branch of the same shop.
7. In the event of damage to the bicycle or Scooter abroad, the cost of repatriating the bicycle or Scooter shall be borne by Lessor, unless the second paragraph of Article 12 applies.
Article 12 - Liability of the hirer for damage and theft
1. The Renter shall be liable for damage caused by the rental company per claim up to the excess stated on the rental contract. For bikes, the excess is a maximum of €500, for electric bikes and electric fatbikes a maximum of €1,500, for scooters a maximum of €1,500.
2. If the damage follows from something the tenant did or did not do in violation of article 9, the tenant must in principle compensate the landlord for the damage in full. A first possible exception to this is if the tenant proves that this act or omission cannot be attributed to him. A second exception could be that it is not reasonable and fair if the tenant has to compensate everything.
3. Renter shall remain liable for damage incurred by Renter until such time as Renter has actually inspected the bicycle or Scooter or has had it inspected. Landlord shall inspect the bicycle or Scooter at the first opportunity and shall inform Renter immediately if damage is discovered.
4. If Tenant takes another person on the bike or scooter as a passenger or if Tenant allows another person to use the bike or scooter, then Tenant shall be liable for what those persons do or do not do in accordance with Article 12 paragraphs 1 and 2 of these General Terms and Conditions.
5. Theft and loss are not insured. In this case, the new value of the vehicle will be charged.
Article 13 - Bicycle defects and liability of the rental company
1. In principle, when the tenant asks the landlord to fix defects, the landlord must do so. It does not have to if a defect really cannot be fixed. It is also not required if the tenant cannot reasonably ask the landlord to do so, given the money the landlord would have to spend for this. If the tenant is liable to the landlord for the defect or for the consequences of the defect, the landlord also does not have to fix the defects, even if the tenant has asked for this.
2. If a person who has suffered personal injury has been able to recover this damage from his damage insurer or if such a person has received another payment for this, the lessor shall not be liable for this personal damage.
3. However, that which is stated in Article 13(2) does not apply if there is personal damage, while the landlord knew or should have known about the defects when the rental agreement was made, or while defects were caused by the landlord's intent or gross negligence.
4. The stated range of an electric bike or electric scooter is no more than an estimate.
Article 14 - Damage and repairs
1. Repairs to the bike or scooter shall be the responsibility of Lessor unless the repair is due to careless use of the bike or scooter.
2. Only with the landlord's consent shall Tenant allow someone other than the landlord to repair the bicycle or scooter. Landlord shall give this permission if it is reasonably necessary, considering the defect itself and the other circumstances.
3. As an exception to paragraph 2, the renter shall be allowed to repair or replace flat tyres, lamps and batteries of the bicycle lighting at his own expense and risk. This does not require the lessor's permission.
4. If the bike or scooter is damaged during the rental period, Renter must return the damaged bike or scooter to the branch where it was rented. The parties may agree when reporting the damage that this is done at another location.
5. Renter must report damage to the bike or scooter to Lessor as soon as reasonably practicable.
6. If Landlord does not repair the rented bicycle or scooter in time, when Landlord should have done so, then Tenant may do the repair himself (or have it done) and may
he request reimbursement of his reasonable costs.
7. Landlord is obliged to compensate damage caused by a defect in the bike or scooter in the following situations:
- the defect was present when the lease was entered into and the landlord knew or should have known about it;
- the defect was there at the time, but landlord reported to tenant at the time of the appointment that the bike or scooter did not have the defect;
- the defect arose after entering into the lease, but is attributable to the landlord.
Article 15 - Dissolution of the rental
1. Landlord may terminate the rental agreement and take back the bicycle at the time when:
- tenant fails to fulfil one or more of its obligations during the rental period, or fails to do so on time or in full, unless this is not serious enough for a termination;
- tenant dies, is placed under guardianship, applies for suspension of payments, is declared bankrupt or the Natural Persons Debt Rescheduling Act is declared applicable to it;
- landlord knows of the existence of circumstances of such a nature that if he had known of them- he would not have entered into the lease agreement (in this way) with the tenant. In that case, the landlord may continue to seek compensation for costs, damages and interest.
2. The lessee will give all cooperation to the lessor to return the bicycle.
3. The landlord shall not be liable for damages incurred by the tenant as a result of dissolution under this article.
Article 16 - Complaints and Mediation Scheme
1. Complaints about the performance of the agreement must be submitted to the lessor fully and clearly described, in time after the hirer discovers that, in his opinion, something has gone wrong. If the hirer is late, he may lose his rights.
Article 17 - Applicable law
This agreement is governed by Dutch law, unless under mandatory
law applies the law of another country.