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: these general 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 that has been put at the disposal of the renter by Abofiets for use in accordance with the terms and conditions.
Renter: each 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: reparatie en vervanging bij de service punt van Abofiets waarmee Abofiets problemen van huurder met betrekking tot de fiets oplost.
2 - Applicability
2.1 These terms and conditions apply to every subscription between Abofiets and the renter.
2.2 Deviations from these terms and conditions are only valid if confirmed by Abofiets by email.
3.1 The subscription entitles the renter to a bicycle.
3.2 The bike 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 not able to provide the renter with a bicycle within 24 hours, for example 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, for example 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 exclusively intended for the personal use of the renter.
4.2 The renter shall make normal use of the bicycle and shall behave like a good renter who rides normally and takes good care of the bicycle.
4.3 The bicycle remains fully owned by Abofiets, the renter is not allowed to establish or grant any (security) right on the bicycle to a third party.
4.4 The renter is not permitted to make any changes to the bicycle that cannot be put back in place without damage.
4.5 In order to prevent loss, theft or damage, the renter must irremovably double-lock the bicycle at all times, using the supplied ring lock and 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 disappears completely, the renter should report this to Abofiets immediately.
5 – Service
5.1 Service wordt aangeboden in de vorm van reparatie en vervanging van de fiets, uitgevoerd op verzoek van huurder bij de service punt van Abofiets
5.2 Huurder dient zelf de fiets naar de service punt van Abofiets te brengen, gevestigd aan de Joan Muyskenweg 32A (1114 AN) te Amsterdam.
5.3 In het geval dat huurder de fiets niet zelf naar de service punt van Abofiets kan brengen door bijvoorbeeld een lekke band, dient huurder de fiets buiten onverplaatsbaar op dubbel slot te zetten, bijvoorbeeld aan een fietsenrek of paal, en de locatie naar Abofiets te sturen via WhatsApp. Hierna kan huurder zonder de fiets naar de service punt van Abofiets komen om een vervangende Abofiets op te halen.
5.4 De service punt van Abofiets is op maandag tot vrijdag geopend van 10:00 uur tot 19:00 uur, op zaterdag gesloten en op zondag geopend van 10:00 tot 19:00 uur.
5.5 The renter has no right to compensation for the time when the renter cannot use the defective bicycle.
6 - Subscription term and termination
6.1 The subscription is contracted for a period of 1 month and is then automatically renewed for a period of 1 month each time.
6.2 The renter has the right at all times to cancel the subscription with immediate effect without notice via the account dashboard.
6.3 If the renter makes use of a discount voucher during the registration, the duration of the subscription is at minimum three months.
6.4 The end date of the subscription is on the day of the next payment if the subscription was not cancelled.
6.5 On or before the end date of the subscription, the renter shall hand over the bicycle including the key to Abofiets.
6.6 In case Abofiets collects the bicycle including the key from the renter, the renter owes 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 the use of the bicycle end without prejudice to the obligatory subscription fees that have to be paid by the renter until the end date.
6.8 If the bicycle has not been returned by the renter to Abofiets on the end date at the latest, 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 has not been returned to Abofiets within 7 days after the end date, or if the subscription has not been activated, Abofiets will report the theft. In that case the renter is also obliged to compensate Abofiets with damages of EUR 500,-.
7 – Damage
7.1 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.
7.2 In case of damage caused by (co-)fault of a third party the renter is obliged to provide Abofiets with the contact details of the 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 renter needs to request a new key from Abofiets. The costs for this are EUR 15,- per key.
8.2 The renter is not allowed 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, it should be handed over to Abofiets immediately.
9 - Theft or loss
9.1 In case of theft or loss of the bicycle the renter should report this to Abofiets within 24 hours.
9.2 The renter must hand over the key of the bicycle to Abofiets and together with an employee of Abofiets report the theft.
9.3 In that case, the renter owes 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 (timely) report the loss or theft to Abofiets or is unable to hand over the key to Abofiets, the renter will owe Abofiets a negligence fee of EUR 99,- on top of the excess fee.
9.5 In order to prevent loss, theft or damage, the renter must irremovably double-lock the bicycle at all times, using the supplied 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 locked and there is a case of theft or loss, the renter has to pay Abofiets a negligence fee of EUR 99,- on top of the excess fee of EUR 99,-.
9.6 In case 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 credit 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 a maximum of the amount of the excess fee.
9.8 In the event that the bicycle is removed by the municipality, the renter shall collect the bicycle from the municipal bicycle depot within 3 days. Any acquisition costs shall be charged to the renter.
9.9 In case the renter has not collected the bicycle from the municipal bicycle depot within 3 days, Abofiets will pick up the bicycle and Abofiets has the right to charge the renter for the acquisition and collection costs.
10 - Payments
10.1 The renter must be 18 years of age or older and legally capable to subscribe. Minors can only take out a subscription with the consent 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 subscribe.
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 happens automatically with the first iDEAL payment during the registration procedure.
10.4 Should additional costs be charged, such as the excess fee, Abofiets has the right to only allow the renter to access the bicycle once the additional costs have been paid.
10.5 In the event that subscription fees or additional charges cannot be debited or are wrongfully charged back, the renter shall be in breach of contract by law.
10.6 In that case Abofiets will try to debit the amount owed again. The renter can also pay the outstanding amount via the account dashboard.
10.7 After three unsuccessful attempts, the renter will receive a notice which must be paid within 14 days via a secure iDEAL payment link. The payment link will be sent to the renter via WhatsApp and/or e-mail.
10.8 In case the customer has not paid the amount due by using the payment link, Abofiets can confiscate the bicycle. In case the amount due has not been paid after 28 days, Abofiets may call upon a collection agency, for which costs will be charged to the renter.
11 - Liability
11.1 When the renter takes the bicycle into use, this is accepted as proof that the bicycle is in good working order and that there are no defects.
11.2 If the bicycle shows any defects, it is the responsibility of the renter to report any defects or damage to the bicycle in time for the service.
11.3 If it is suspected that 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 tenant is at the tenant's own risk.
11.5 Abofiets is not liable for any damage sustained by the renter as a result of using the bicycle, unless in case of intent or gross negligence on the part of Abofiets.
12 - Amendment
12.1 The renter should report changes in data, such as address, known to Abofiets in due time.
12.2 Abofiets heeft het recht om de maandelijkse kosten van het abonnement te wijzigen. Eventuele prijswijzigingen worden minimaal 1 maand van tevoren bekend gemaakt via e-mail.
12.3 Wijzigingen van de algemene voorwaarden worden minimaal 7 dagen van tevoren bekend gemaakt via e-mail aan huurder.
12.4 Abofiets has at all times the right to transfer claims against the renter to third parties.
13 - Breach of obligations
13.1 Abofiets has the right to immediately dissolve or cancel the subscription entirely or partly by means of an e-mail to the renter in the event that:
- The renter does not fulfill the obligations in these general 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 reasonably be considered capable of fulfilling the obligations under these general terms and conditions.
- In the opinion of Abofiets the renter abuses the service offered.
- Renter is faced with suspension of payments, bankruptcy, receivership or the debt rescheduling scheme.
13.2 The renter has the right to cancel the subscription with immediate effect in case Abofiets has repeatedly or seriously failed to fulfill its obligations as described in these general terms and conditions.
14 – Privacy
14.1 Abofiets protects the personal data of the renter with all its strength. For more information consult the privacybeleid of Abofiets.
15 - Applicable law
15.1 Op het abonnement en deze algemene voorwaarden is uitsluitend het Nederlandse recht van toepassing.