Terms and conditions.
1 – Definitions
Subscription: the agreement between Abofiets and the renter for the use of the bicycle and all other agreements between Abofiets and the renter.
Terms and conditions: the present terms and conditions that apply to every subscription.
End date: the date on which the subscription ends due to cancellation by the renter.
Bicycle: the bicycle placed at the disposal of the renter by Abofiets for use in accordance with the terms and conditions.
Renter: every natural person or legal entity that enters into an agreement for a subscription with Abofiets.
Abofiets: Abofiets, established in Amsterdam, with offices at Joan Muyskenweg 32A (1114 AN), Chamber of Commerce number: 74899368, VAT ID: NL002401279B65.
Service: included maintenance and roadside assistance where Abofiets solves problems of the renter with regard to the bicycle in the form of repair or replacement.
2 – Applicability
2.1 These terms and conditions apply to every subscription between Abofiets and the hirer.
2.2 Any deviation from these terms and conditions will only be valid if confirmed by Abofiets by email.
3.1 The subscription entitles the renter to have a bicycle at their disposal.
3.2 The bicycle will be delivered within 24 hours including front carrier, bell, front and rear lights, ring lock and chain lock with one key.
3.3 In case Abofiets is unable to provide the hirer with a bicycle within 24 hours, for instance due to a queue, the total amount of the contribution until a bicycle has been provided will be refunded to the account of the renter.
3.4 The subscription entitles the renter to service in the form of repairing defects to the bicycle caused by wear and tear and normal use of the bicycle, such as a flat tyre or broken lighting. The bicycle may be replaced if this is deemed necessary by Abofiets.
4 – Use of the bicycle
4.1 The bicycle is solely intended for personal use by the renter.
4.2 The renter shall use the bicycle normally and shall behave like a good renter who uses the bicycle normally and takes good care of it.
4.3 The bicycle remains fully owned by Abofiets; the renter is not allowed to establish or grant any (security) rights to the bicycle to a third party.
4.4 The renter is not allowed to make changes to the bicycle that cannot be returned without damage.
4.5 To prevent loss, theft or damage, the renter shall double-lock the bicycle at all times by using the enclosed ring lock and insert chain lock to lock the bicycle to a fixed object, such as a bicycle rack.
4.6 In case the logo, text or paint is damaged or completely disappears, the renter should report this immediately to Abofiets.
5 – Service
5.1 Service is offered in the form of maintenance and roadside assistance, performed on request of the renter and on location indicated by the renter to Abofiets via WhatsApp.
5.2 The renter needs to lock the bicycle in one of the cities where Abofiets is active and on a location that can be reached by car at all times.
5.3 The renter needs to use the supplied ring lock and chain lock to secure the bicycle to a fixed object, such as a bicycle rack. The chosen location must be accessible by car at all times.
5.4 Finally, the renter should inform Abofiets via WhatsApp of the defects and the exact Google Maps location of the bicycle, if possible with pictures.
5.5 After receiving the service request the bicycle will be repaired or replaced within 24 hours. The renter will be informed by Abofiets via WhatsApp when the bicycle has been repaired and can be found at the location left behind by the renter.
5.6 The renter is not obliged to wait for Abofiets to carry out the service, provided that the bicycle is double locked to a fixed object, for instance to a bicycle rack or pole.
5.7 In case the service cannot be carried out due to circumstances attributable to the renter, for instance if the location chosen by the renter is not accessible by car, the renter will owe Abofiets a carefree allowance of EUR 15.
5.8 The bicycle will only be replaced if deemed necessary by Abofiets, for example if the necessary parts for repair are not available.
5.9 The renter has no right to compensation for the time when the renter cannot use the defective bicycle.
6 – Subscription period and cancellation
6.1 The subscription shall be concluded for a period of 1 month and shall thereafter be tacitly renewed each time for a period of 1 month.
6.2 The renter has the right to cancel the subscription at any time without notice via the account dashboard.
6.3 The end date of the subscription is the day the next payment would have taken place if the subscription had not been cancelled.
6.5 The renter shall hand over the bicycle, including the key, to Abofiets on or before the end date of the subscription.
6.6 In case Abofiets collects the bicycle including the key from the renter, the renter will owe Abofiets a collection fee of EUR 15.
6.7 In case the renter returns the bicycle to Abofiets before the end date, all rights of the renter to use the bicycle end without prejudice to the mandatory subscription fees that have to be paid by the renter until the end date.
6.8 In case the bicycle has not been returned to Abofiets at the latest on the end date, the renter will owe a fine of EUR 5 per day until the bicycle has been returned to Abofiets or the subscription has been reactivated.
6.9 If the bicycle is not handed in to Abofiets within 7 days after the end date, Abofiets will report the theft. In that case the renter is also obliged to compensate Abofiets with a damage amount of EUR 500.
7 – Damage
7.1 In case of damage and wear and tear other than expected by normal use, judged by Abofiets, Abofiets reserves the right to claim the costs thereof from the renter.
7.2 In case of damage caused by (co-)fault of a third part, the renter is obliged to provide contact details of the third party to Abofiets. In case no contact details of the third party are provided, Abofiets has the right to claim the damages from the renter.
8 – Loss of key
8.1 In case of loss or damage of the key of the bicycle, the renter needs to request a new key from Abofiets. The costs for this are EUR 15,- per key.
8.2 The renter is not permitted to make copies of the key or to have more than one key in their possession. In case a key that was reported lost earlier is found, the key should be handed over to Abofiets immediately.
9 – Theft or loss
9.1 In case of theft or loss of a bicycle the renter should report this to Abofiets within 24 hours.
9.2 The renter shall hand over the key of the bicycle to Abofiets and together with an employee of Abofiets report the theft.
9.3 The renter will owe an excess fee of EUR 99 to Abofiets and will receive a replacement bicycle after the report has been completed.
9.4 In case the renter does not report the loss or theft (in time) to Abofiets or cannot hand over the key to Abofiets, the renter will owe Abofiets a negligence fee of EUR 99,- on top of the excess fee of EUR 99,-.
9.5 In order to prevent loss, theft or damage, the renter must irremovably double lock the bicycle at all times by using the enclosed ring lock and chain lock to lock the bicycle to a fixed object, such as a bicycle rack. In case the bicycle is not irremovably double locked and there is a case of theft or loss, the renter owes Abofiets a negligence fee of EUR 99,- on top of the excess fee of EUR 99,-.
9.6 In the event that the bicycle is found while the subscription is still running, the renter will be credited with a maximum of the paid excess fee. The amount of this claim is determined by Abofiets on the basis of the condition of the bicycle.
9.7 In case (parts of) the bicycle are missing or stolen, Abofiets has the right to charge the costs to the renter up to the amount of the excess fee.
9.8 In case the bicycle has been removed by the municipality, the renter needs to retrieve the bicycle from the municipal bicycle depot within 3 days. Any retrieval costs shall be for the account of the tenant.
9.9 In case the renter has not picked up the bicycle from the municipal bicycle depot within 3 days, Abofiets will pick up the bicycle and Abofiets has the right to charge the acquisition and pick-up costs to the renter.
10 – Payments
10.1 The renter needs to be 18 years or older and legally capable to take out a subscription. Minors can only take out a subscription with permission of a parent or guardian.
10.2 The renter must have a SEPA bank account number with sufficient balance for the monthly debit in order to take out a subscription.
10.3 Payments can only be made by direct debit. The renter is therefore obliged to issue a direct debit authorization for the monthly subscription costs and any other costs owed. This occurs automatically with the first iDEAL payment during the registration procedure.
10.4 In case additional costs are charged, such as an excess fee, Abofiets has the right to only grant access to the bicycle to the renter when the additional costs have been paid.
10.5 In case subscription fees or extra costs cannot be deducted or are wrongly charged back, the renter will be in breach of contract by operation of law.
10.6 In that case, the renter must pay the outstanding amount via the account dashboard.
10.7 If there is an outstanding payment of three months or more, the renter will receive a payment notice of default that must be paid within 14 days via a secure iDEAL payment link. The payment link will be sent to the renter via WhatsApp or e-mail.
10.8 In case the renter is unable to pay the amount due via the payment link, Abofiets may confiscate the bicycle. In case the amount due has not been paid after 28 days, Abofiets may call in a collection agency, for which the costs will be charged to the renter.
11 – Liability
11.1 When the renter starts using a bicycle, this is accepted as proof that the bicycle is in good working order and that there are no defects.
11.2 If the bicycle has any defects, the renter is responsible for reporting the defects or damage to the bicycle on time for the service.
11.3 In case of suspicion that the safe use of the bicycle can no longer be guaranteed, the renter should immediately report this to Abofiets.
11.4 The use and management of the bicycle by the renter is at the risk of the renter.
11.5 Abofiets cannot be held responsible for any damage caused by the use of the bicycle by the renter, unless in the case of gross negligence or intent on the part of Abofiets.
12 – Changes
12.1 The renter shall communicate changes in data, such as address, known to Abofiets in a timely manner.
12.2 Abofiets has the right to change the monthly price of the subscription. Any price changes will be announced at least 2 months in advance by e-mail.
12.3 Changes to the terms and conditions will be announced at least 1 month in advance via e-mail to the hirer and a notification on the website.
12.4 Abofiets has the right to transfer claims on the hirer to third parties at all times.
13 – Non compliance of obligations
13.1 Abofiets has the right to immediately dissolve or cancel the subscription completely or partly by means of an e-mail to the renter in the event that:
- The renter does not meet the obligations in these terms and conditions.
- The bicycle or other property of the renter is seized and this prevents the renter from fulfilling their obligations.
- The renter intentionally provides incorrect information to Abofiets.
- The renter can no longer be considered reasonably capable of fulfilling the obligations of these general conditions.
- In the opinion of Abofiets the renter misuses the service offered.
- The renter is faced with a moratorium of payments, bankruptcy, receivership or a debt rescheduling arrangement.
13.2 The renter has the right to terminate the subscription with immediate effect in case Abofiets has repeatedly or seriously failed to fulfill its obligations as described in these terms and conditions.
14 – Privacy
15 – Applicable law
15.1 Only Dutch law applies to the subscription and these terms and conditions.
© 2021 abofiets
© 2021 abofiets