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e-bike to go

Terms & Conditions

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 – Agreement
  1. 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. 
  2. 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.
  3. 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
  1. E-bike to go will supply the Lessee with a Bike in accordance with the agreement for the agreed term.
  2. 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. 
  3. The Bike may only be used in accordance with its nature and purpose. It cannot be used for delivering meals, non-food or other business purposes unless this was indicated by Lessee when registering. Bikes used for the abovementioned purposes will not be insured. Moreover E-bike to go will immediately claim a fine of €500 and exclude the Lessee from any further membership with E-bike to go. 
  4. Lessees are not allowed to modify the Bike themselves. This includes adding bike racks or child seats. If modifications are desired, contact E-bike to go via info@ebiketogo.nl.
  5. The use of the Bike is realised via an E-bike to go app provided by E-bike to go, unless it is a key model. Lessees can download the E-bike to go app on their smartphone. The use of this app is subject to terms of use. 
  6. 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.
  7. 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
  1. The Lessee owes E-bike to go the agreed monthly lease and any additional costs. All prices apply per month and include VAT.
  2. Lessees will pay the first month in advance upon registration. Abonnement start Membership starts on the actual delivery date. 
  3. 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. 
  4. 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. 
  5. 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.
  6. 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. 
  7. 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
  1. E-bike to go will provide regular maintenance of the Bike as and when it deems necessary. 
  2. 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.
  3. 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 service@ebiketogo.nl. 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.
  4. Breakdown or damage can be reported in the E-bike to go app. The Lessee can also send an email to service@ebiketogo.nl. 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. 
  5. 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. 
  6. E-bike to go will only exchange or repair the e-bike if the Lessee has fulfilled all their financial obligations.
6 – Duration and cancellation
  1. The agreement applies for an indefinite period, unless the Lessee and E-bike to go agree otherwise in writing.
  2. 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 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 final invoice, the membership will be reinstated.
  3. 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 
  1. E-bike to go can terminate the agreement extrajudicially and with immediate effect if:
    1. The Lessee does not comply with this agreement; or
    2. The Lessee has been declared bankrupt or been admitted to the law debt restructuring scheme for natural persons.
  2. 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
  1. 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
  1. 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
  1. Any defects, damage, loss or theft of the Bike must be reported to E-bike to go by the Lessee within 24 hours. If the damage was caused by an accident involving a third party, the Lessee must submit a completed claim form to E-bike to go.  
  2. 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 €25
  • Shifter and/or shifter cabies €30
  • Brakes €30
  • Seat, Stand, Mudguard, Crank €45
  • Front rack €75
  • Charger €100
  • Wheel (rim) €100
  • Smartlock €150
  • Front fork €200
  • Controller €250
  • Total Loss €400
  1. In all cases of theft or loss of the battery and e-bike, E-bike to go applies a deductible of €400 including VAT. For the Bike alone the deductible is €250 and for the battery the deductible is €150.
  2. 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. 
  3. 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.
  4. Any Lessee involved in two or more cases of theft will be blocked from using the services of E-bike to go.
  5. 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.
  6. 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
  1. The use of the Bike is entirely at the Lessee’s own risk. 
  2. 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.
  3. E-bike to go is never liable to compensate the Lessee for any damages other than damages payable in accordance with the legislation.
  4. 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.
  5. 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
  1. Dutch law applies to all relations between E-bike to go and the Lessee.
  2. 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. This English language translation of the terms & conditions is provided as a service. In case of dispute, the original Dutch text always has precedence.
13 – Change
  1. 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. 

General terms and conditions / corporate

  1. 1 – Definitions
  2. 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 company that leases Bikes and/or a Container from E-bike to go
    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.
    Container: The container for storing Bikes as specified in the offer issued by The E-bike Company, including accessories
    User: An employee from or hired by the Lessee 
    Bike plan: The option for the Lessee as employer to provide a Bike to the User as an employee based on leasing, as specified in the offer. The Lessee pays the lease amount to E-bike to go.

    The defined terms are used in singular and plural form.

2. Offer and agreement 
  1. E-bike to go will issue an offer to the Lessee which includes a description of the Bikes and/or Containers to be leased, the monthly lease fee and any additional costs. E-bike to go can also provide additional services, such as a Bike plan. 
  2. The agreement between E-bike to go and the Lessee is established when the Lessee accepts the offer.

 

3 – Use
  1. E-bike to go will supply the Lessee with the Bikes and/or Containers in accordance with the description and amount as indicated in the offer for the term of the agreement.
  2. The Bikes and/or Containers will be placed at a fixed spot on the Lessee’s premises. The Lessee is not allowed to sublet, lend, sell or encumber the Bikes and/or Containers or move the Containers to another location. 
  3. By way of derogation to Point 2, Lessees are allowed to provide the Bikes to Users under their own responsibility. The Lessee will remain responsible for the obligations resulting from the agreement and these terms and conditions.
  4. The Bikes and Containers may only be used in accordance with their nature and purpose.  
  5. The use of the Bike is realised via an E-bike to go app provided by E-bike to go, unless it is a key model. Users can download the E-bike to go app on their smartphone. The use of this app is subject to terms of use.
  6. 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 location. The User 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.
  7. 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 
  1. The Lessee owes E-bike to go the agreed monthly lease and any additional costs. All prices are excluding VAT.
  2. E-bike to go will send the Lessee a monthly invoice for the lease amount. Any additional costs are also included on the invoice. 
  3. Any Bike plan that the Lessee has for its employees will be listed separately on the monthly invoice.
  4. The Lessee can decide to pay the lease amount over a period of at least 12 months in one go. In this case, the Lessee will receive a discount on the total lease amount.
  5. The Lessee will pay E-bike to go invoices within 14 days of the invoice date.
  6. If E-bike to go does not receive full payment from the Lessee within the payment term, the Lessee is considered in default and owes 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 maintance 
  1. E-bike to go will provide regular maintenance of the Bikes and Containers as and when it deems necessary. 
  2. E-bike to go reserves the right to check the condition of and make modifications to the Bikes and Containers. The Lessee is obliged to cooperate with inspections, modifications and checks.
  3. 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 service@ebiketogo.nl or calling 020-4357553. 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 10.4 apply and the costs of maintenance, repair, replacement or any other costs will be at the expense of the Lessee


6 – Duration and cancellation 
  1. The agreement applies for a predetermined period unless the Lessee and E-bike to go agree otherwise in writing. The agreement cannot be cancelled during this period.
  2. Upon expiry of the period as indicated in Point 1, the agreement is always automatically extended by three months, in which the Lessee and E-bike to go are both subject to a notice term of one month.


7 – Termination 
  1. E-bike to go can terminate the agreement extrajudicially and with immediate effect if:
       a. The Lessee does not comply with this agreement; or 
       b. The Lessee has been declared bankrupt or been admitted to the law debt restructuring scheme.
  2. If the agreement is terminated based on Article 7.1a or b before the period as indicated in Article 6.1 has ended, E-bike to go reserves the right to payment of the remaining lease terms in said period.
  3. Amounts invoiced by E-bike to go before termination 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
  1. The personal details of Users are processed for the realisation of the agreement and to inform Users and/or the Lessee about the use and maintenance of the Bikes. E-bike to go and the Lessee will sign a processing agreement.


9 – Ownership 
  1. E-bike to go retains ownership of the Bikes and Containers. Upon termination of the agreement, the Lessee will hand over the Bikes and Container to E-bike to go. This obligation cannot be delayed.
  2. E-bike to go is responsible for insuring the Bikes (liability, bodywork and theft).


10 – Damage, lost or theft
  1. Any defects, damage, loss or theft must immediately be reported to E-bike to go by the Lessee. If the damage was caused by an accident involving a third party, the Lessee must submit a completed claim form to E-bike to go.
  2. E-bike to go applies a deductible excluding VAT in all cases of theft, loss or damage indicated below in accordance with the following table. 
  • Key € 20
  • Key lock and chain lock € 20
  • Shifter and/or shifter cables € 25
  • Brakes € 25
  • Seat, Stand, Mudguard, Crank € 40
  • Front rack € 60
  • Charger € 80
  • Wheel (rim) € 85
  • Smartlock € 125
  • Front Fork € 165
  • Controller € 200
  • Totall Loss € 325
  1. In all cases of theft or loss of the battery and e-bike, E-bike to go applies a deductible of €325 excluding btw. For just the Bike, the deductible is €200 and for just the battery the deductible is €125.
  2. The Lessee bears the risk of loss or theft of the Bikes 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. It is only possible to claim on the insurance policy for the key model 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. 
  3. E-bike to go will notify the police of any case of damage, loss or theft. 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.
  4. Users involved in the theft of a Bike twice are blocked and refused a new Bike. 
  5. Any damage, fines, costs of maintenance, replacement or repair and costs for replacement transport and/or assistance resulting from improper use of the Bikes is at the expense of the Lessee. Improper use includes use of the Bikes 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. E-bike to go is entitled to take measures in cases of improper use, including the immediate collection of the Bikes, without releasing the Lessee from their payment obligations.
  6. If the Bikes are 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
  1. The use of the Bikes is entirely at the Users’ own risk. 
  2. The liability of E-bike to go related to any shortcomings is limited to the fulfilment of the service provision described in Article 3.1.
  3. E-bike to go is never liable to pay replacement or additional damages except in cases of gross negligence. E-bike to go is never liable for damages due to injury or consequential damages such as delay damages, lost profits or missed savings.
  4. Should E-bike to go be required to pay compensation, this will never exceed the amount of the invoice value or the damages covered by E-bike to go’s insurance, if the damages are covered by the E-bike to go insurance company, whichever E-bike to go chooses.
  5. E-bike to go uses subcontractors for the implementation of the agreement, such as a hosting provider and repair service. 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 
  1. Dutch law applies to all relations between E-bike to go and the Lessee.
  2. Disputes between the parties about the agreement or about activities in connection with the agreement will only be submitted to the authorised court in the district of Amsterdam. This English language translation of the terms & conditions is provided as a service. In case of dispute, the original Dutch text always has precedence.
 
13 – Change
  1. E-bike to go is authorised to change these general terms and conditions. Changed terms and conditions will be sent to the Lessee before they are implemented.