Terms and conditions.

1 – Definitions

Subscription: the agreement between Abofiets and the hirer for the use of the bicycle and all other agreements between Abofiets and the hirer.

General conditions: the present general conditions that apply to every subscription.

End date: the date on which the subscription ends due to cancellation by the hirer.

Bicycle: the bicycle placed at the disposal of the hirer by Abofiets for use in accordance with the general conditions.

Hirer: 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 service where Abofiets solves problems of the renter with regard to the bicycle in the form of repair or replacement.

2 – Applicability

2.1 These general conditions apply to every subscription between Abofiets and the hirer.

2.2 Any deviation from these general conditions will only be valid if confirmed by Abofiets by email.

3- Subscription

3.1 The subscription entitles the hirer to a bicycle.

3.2 The bicycle will be delivered within 24 hours including front carrier, bell, front and rear lights including batteries, ring lock and chain lock with one key.

3.3 In case Abofiets is unable to provide the hirer with a bicycle within 12 to 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 hirer.

3.4 The subscription entitles the lessee to breakdown assistance in the form of free repairs of defects to the bicycle caused by wear and tear and normal use of the bicycle, such as a flat tyre or defective 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 Hirer.

4.2 The Hirer shall use the bicycle normally and shall behave like a good Hirer who uses the bicycle normally and takes good care of it.

4.3 The bicycle remains fully owned by Abofiets; the Hirer is not allowed to create or grant any (security) rights to the bicycle to a third party.

4.4 The Hirer is not allowed to make changes to the bicycle that cannot be returned without damage.

4.5 To prevent loss, theft or damage, the Hirer shall double-lock the bicycle at all times and without moving it, using the supplied 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 – Breakdown service

5.1 Breakdown assistance is offered in the form of free repairs on request of the lessee and on location indicated by the lessee to Abofiets via WhatsApp.

5.2 The renter needs to double lock the bicycle without moving it at an accessible location in one of the cities provided by Abofiets.

5.3 The renter should 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 The last thing the lessee needs to do is to inform Abofiets via WhatsApp with the defects and the exact Google Maps location of the bicycle, including photos if possible.

5.5 After receiving the breakdown assistance request, the bicycle will be repaired or replaced within 24 hours. The lessee will be immediately informed by Abofiets via WhatsApp when the bicycle has been repaired and can be found at the location left behind by the lessee.

5.6 The lessee is not obliged to wait for Abofiets to arrive at the location of the bicycle for breakdown assistance, provided that the bicycle is double locked to a fixed object, for instance to a bicycle rack or pole.

5.7 In the event that breakdown assistance cannot take place due to circumstances attributable to the renter, for example if the location chosen by the renter is inaccessible 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 all times without notice via www.abofiets.nl/mijn-account.

6.3 The end date of the subscription shall be the same day that the next payment would have been made if the subscription had not been cancelled.

6.4 After termination, the Hirer shall have the right to use the bicycle until the end date and shall be obliged to pay the remaining costs of the subscription.

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 himself, the renter will owe Abofiets a collection fee of EUR 15.

6.7 In case the Client returns the bicycle to Abofiets before the end date, all rights of the Client to the use of the bicycle end without prejudice to the mandatory subscription fees that have to be paid by the Client 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 In case the bicycle is not handed in to Abofiets within 7 days after the end date, Abofiets will report the theft to the customer. 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 to the bicycle caused by vandalism, the renter should report the incident to Abofiets within 24 hours.

7.2 In case of damage and wear and tear other than expected by normal use, to be judged by Abofiets, Abofiets reserves the right to recover the costs thereof from the renter.

7.3 The Hirer is obliged to provide Abofiets with the contact details of a third party in case of damage caused by (co-)fault of that third party. In case no contact information of the third party is provided, the damage will be charged to the renter.

8 – Loss of key

8.1 In case of loss or damage of the key of the bicycle, the Hirer needs to request a new key from Abofiets. The costs for this are EUR 15,- per key.

8.2 The Lessee is not allowed to make copies of the key or to have more than one key in his possession. In case a key that was reported lost earlier is found, this 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 Hirer 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 of EUR 99 to Abofiets and will receive a replacement bicycle after the report has been completed.

9.4 In case the Client does not (timely) report the loss or theft to Abofiets or cannot hand over the key to Abofiets, the Client will owe Abofiets a negligence fee of EUR 99,- on top of the own risk fee.

9.5 In order to prevent loss, theft or damage, the renter must double-lock the bicycle at all times by using the supplied ring lock and chain lock to lock the bicycle to a fixed object, such as a bicycle rack. In the event that the bicycle is not locked without moving and there is a case of theft or loss, the renter will owe Abofiets a negligence fee of EUR 99,- in addition to the own risk deductible of EUR 99,-.

9.6 In the event that the bicycle is found while the subscription is still running, the hirer will be credited with a maximum of the paid excess. 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 own risk.

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 acquisition costs shall be borne by 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 Tenant is therefore obliged to issue a direct debit authorisation 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 excess, Abofiets has the right to only allow 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 reversed, the renter will be in default by operation of law.

10.6 In that case, the tenant must pay the outstanding amount via the account dashboard.

10.7 If there is a payment arrears of three months or more, the renter will receive a reminder, which must be paid within 14 days via a secure iDEAL payment link. The payment link will be sent to the tenant 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 customer.

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 Hirer is responsible for reporting any defects or damage to the bicycle to the breakdown service in good time.

11.3 In case of suspicion that the safe use of the bicycle can no longer be guaranteed, the renter should report this immediately to Abofiets.

11.4 The use and management of the bicycle by the lessee is at his own risk.

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 Hirer shall communicate changes in the 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 in the General 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 at all times the right to transfer claims on the hirer to third parties.

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 Hirer does not fulfil the obligations in these general terms and conditions.
The bicycle or other property of the renter is seized and this prevents the fulfilment of the renter’s obligations.
The Hirer intentionally provides incorrect information to Abofiets.
The Hirer can no longer reasonably be considered capable of fulfilling the obligations of these General Conditions.
In the opinion of Abofiets the Hirer misuses the service offered.
The Hirer is faced with a moratorium of payments, bankruptcy, receivership or a debt rescheduling arrangement.

13.2 The Hirer has the right to terminate the subscription with immediate effect in case Abofiets has repeatedly or seriously failed to fulfil its obligations as described in these General Conditions.

14 – Privacy

14.1 Abofiets protects the personal data of the renter with all its might. For more information please consult the privacy policy of Abofiets.

15 – Applicable law

15.1 Only Dutch law applies to the subscription and these general conditions.

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