General terms and conditions e-bike to go Plan
1 – Definitions
These terms & conditions apply to:
E-bike to go: the limited liability company The E-bike Company B.V., a lessor of Bikes and Containers
Lessee: Any person who leases an electric/e-bike for private use
Bike: The electric (cargo) bike(s) as specified in the offer issued by The E-bike Company, including accessories such as helmet, saddle bags, etc..
The defined terms are used in singular and plural form.
2 – Overeenkomst
- E-bike to go and the Lessee conclude an agreement based on the completed registration form on www.ebiketogo.nl. The registration contains a description of the lease Bike and monthly lease fee.
- The agreement between E-bike to go and the Lessee is established by completing the registration form and payment of the first month’s lease via the website www.ebiketogo.nl.
- The Lessee is responsible for passing on any changes to their details as known to E-bike to go, including changes to address, email or phone number.
3 – Use
- E-bike to go will supply the Lessee with a Bike in accordance with the agreement for the agreed term.
- The Bike will be delivered to the location provided on the registration form or collected from an E-bike to go pick-up point. The Lessee is not allowed to sublet, lend, sell, encumber or allow others to use the Bike.
- The Bike may only be used in accordance with its nature and purpose.
- Lessees are not allowed to modify the Bike themselves. This includes adding bike racks or child seats.
- The start and end of the use of a Bike (with the exception of the key model) is realised via the app, in which the use can only be terminated at the designated E-bike to go business address. In other places, the Lessee can lock the Bike without terminating the use thereof. The Lessee must always secure the Bike against theft by using the locks provided by E-bike to go.
- Bikes that reach speeds of 45 km/h and/or fall under the moped category may only be used by persons in possession of a valid Dutch driving license. In addition, the driver must wear an approved helmet and comply with the applicable traffic regulations.
4 – Remuneration and invoicing
- The Lessee owes E-bike to go the agreed monthly lease and any additional costs. All prices apply per month and include VAT.
- Lessees will pay the first month in advance before they start using the Bike. Membership starts on the actual delivery date.
- Deliveries are only made to the address provided upon registration. If the Lessee does not comply with agreements related to the delivery, e-bike to go will charge a fee of €30, after which the e-bike can be collected from a pick-up point.
- E-bike to go will send the Lessee a monthly invoice or the lease for the coming month. Any additional costs are invoiced simultaneously. The amount due on the invoice will be collected via direct debit.
- E-bike to go reserves the right to change its fees, including but not limited to changes based on the consumer price index. The Lessee retains the right to terminate the agreement if a fee change takes place after the agreement was concluded.
- If E-bike to go cannot collect the amount owed by the Lessee via direct debit, E-bike to go will attempt to collect the amount owed via direct debit for a second time within 14 days after the first direct debit. If the second collection is not successful, E-bike to go will terminate its obligations towards the Lessee and collect the Bike from the Lessee. If the amount due is not paid within 28 days, E-bike to go will dissolve the agreement in accordance with Article 7 of these general conditions.
- Lessees that fail to pay the monthly rental costs within the deadline are considered to be in default and owe the statutory interest. The Lessee is also obliged to pay all costs, both in and out of court, related to the collection of the amount owed to E-bike to go.
5 – Service and maintenance
- E-bike to go will provide regular maintenance of the Bike as and when it deems necessary.
- E-bike to go reserves the right to check the condition of and make modifications to its Bikes. The Lessee is obliged to cooperate with inspections, modifications and checks.
- The Lessee will immediately report any defects or damage to an E-bike to go Bike via the E-bike to go app or by emailing firstname.lastname@example.org. E-bike to go will assess the cause of the defect or damage and carry out maintenance. If E-bike to go believes the defect or damage to be the result of improper use, the provisions of Article 10.2 apply and the costs of maintenance, repair, replacement or any other costs will be at the expense of the Lessee. The Lessee has the right to provide evidence to prove otherwise.
- Breakdown or damage can be reported in the E-bike to go app. The Lessee can also send an email to email@example.com. E-bike to go will then contact the Lessee within 48 hours for an appointment to exchange the e-bike for another Bike. The Lessee cannot derive any rights if this term is not met.
- An exchange will only take place at the address provided upon registration. If the Lessee does not comply with the agreements related to the exchange, e-bike to go will charge a fee of €30.
- E-bike to go will only exchange the e-bike if the Lessee has fulfilled all their financial obligations.
6 – Duration and cancellation
- The agreement applies for an indefinite period, unless the Lessee and E-bike to go agree otherwise in writing.
- E-bike to go and the Lessee can terminate the agreement prematurely, taking into account a notice period of one month. After termination, e-bike to go will contact the Lessee regarding the return of the e-bike. Termination is followed by one more invoice.
- E-bike to go will charge €30 if required to pick up the Bike, with the fee paid by card directly to the driver. Returning an e-bike to go to a pick-up point is free of charge. If the e-bike is not returned within one month of the termination, the Lessee owes a fine of €5 a day to a maximum of 31 days. After 31 days, the e-bike is reported as stolen and the amount due will be passed on to a debt collection agency.
- If the Lessee wishes to enter into a new agreement within six months of termination, e-bike to go will charge a starting fee of €60.
7 – Termination
- E-bike to go can terminate the agreement extrajudicially and with immediate effect if:
- The Lessee does not comply with this agreement; or
- The Lessee has been declared bankrupt or been admitted to the law debt restructuring scheme for natural persons.
- Amounts for termination invoiced by E-bike to go will remain applicable and become immediately due and payable at the moment of dissolution. Any amounts already received by E-bike to go will not be subject to the termination.
8 – Privacy
- E-bike to go processes information about the use and/or maintenance of its Bikes as well as personal details of the Lessee for the purposes of this agreement.
9 – Ownership
- E-bike to go retains ownership of the Bike. Upon termination of the agreement, the Lessee will hand over the Bike to E-bike to go. This obligation cannot be delayed.
10 – Damage, loss or theft
- Any defects, damage, loss or theft of the Bike must be reported to E-bike to go by the Lessee within 24 hours.
- E-bike to go applies a deductible including VAT in all cases of theft, loss or damage indicated below in accordance with the following table.
- Key €25
- Key lock and chain lock €100
- Wheel (rim) €100
- Brakes and/or brake cables €100
- Shifter and/or shifter cables €100
- Stand, seat, front rack €100
- Smart lock €150
- Front fork €200
- Controller €250
- In all cases of theft or loss of the battery and/or e-bike, E-bike to go applies a deductible of €500 including VAT.
- The Lessee bears the risk of loss or theft of the Bike provided. All costs as a result of loss or theft are at the expense of the Lessee unless covered by the insurance of E-bike to go. For the key model, it is only possible to claim insurance if the key provided by E-bike to the Lessee is handed back to E-bike to go. If the original key cannot be provided, E-bike to go will claim the total cost of the e-bike, €1500, from the Lessee.
- E-bike to go will declare any case of damage, loss or theft to the police. The Lessee will provide E-bike to go with all necessary information upon first request. The Lessee will also provide a completed and signed damage claim form signed by all parties involved, with as many witness statements and other documents related to the event as possible.
- Any Lessee involved in two or more cases of theft will be blocked from using the services of E-bike to go.
- Any damage, fines, costs of maintenance, replacement or repair and costs for replacement transport and/or assistance resulting from improper use of the Bike are at the expense of the Lessee. Improper use includes use of the Bike in violation of these general terms & conditions and use contrary to the normal use of a Bike, including under the influence of narcotics such as alcohol and/or drugs, cases of traffic violations, negligence or lack of normal care or maintenance. In case of improper use, E-bike to go is entitled to take measures, including the immediate collection of the Bike, without releasing the Lessee from their payment obligations. In addition, the Lessee will be blacklisted and excluded from using an e-bike.
- If the Bike is returned to E-bike to go and found to be damaged, this damage is assumed to have been caused by the Lessee and the costs of repair or replacement will be at the expense of the Lessee, unless the Lessee can prove that the damage already existed at the start of the agreement or is otherwise at the expense of E-bike to go.
11 – Liability
- The use of the Bike is entirely at the Lessee’s own risk.
- The contractual liability of E-bike to go related to any shortcomings is limited to the fulfilment of the service provision described in Article 3.1.
- E-bike to go is never liable to compensate the Lessee for any damages other than damages payable in accordance with the legislation.
- Should E-bike to go pay be required to pay compensation, this will never exceed the amount of the damages covered by insurance, if the damages are covered by the E-bike to go insurance company.
- E-bike to go uses subcontractors for the implementation of the agreement, such as a hosting provider. E-bike to go is not liable for any shortcomings under the agreement if they are the result of shortcomings on the part of its suppliers.
12 – Choice of law and competent court
- Dutch law applies to all relations between E-bike to go and the Lessee.
- Disputes between the parties about the agreement or about acts in connection with the agreement will only be submitted to the authorised court in the district of Amsterdam.
13 – Change
- E-bike to go is authorised to change these general terms and conditions. E-bike to go must inform the Lessee of the new general conditions before they come into effect. If the amendment has the effect that the Lessee is faced with an amendment that deviates substantially from the original performance, they are entitled to terminate the agreement from the date on which the changed conditions take effect.