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e-bike to go

Terms & Conditions

General terms and conditions e-bike to go

1. Definitions

  1. These general terms & conditions apply to:
    General terms & conditions: The provisions in this document
    Bike: The (electric) (cargo) bike(s) as specified in the offer, including accessories such as helmet, saddle bags, etc.
    E-bike to go: The limited liability company The E-bike Company B.V., a lessor of Bikes and Containers
    Lessee: Any natural person of 18 years or over who leases a Bike from E-bike to go
    Regular membership: Membership for the lease of a Bike with standard battery, in which the Lessee can use the Bike for up to 100 km a day
    Pro membership: Membership for the lease of a Bike with XXL battery, rapid charger and/or second battery, in which the Lessee can use the Bike for an unlimited number of kilometres a day

The defined terms are used in the singular and plural form.

2. Registration and agreement

  1. These general terms and conditions apply to all proposals, agreements and services provided by E-bike to go. The acceptance by and provision of the general conditions to the Lessee is realised by the Lessee completing the online registration form on the E-bike to go website.
  2. 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 (and any additional costs), payment method, insurance costs and the deductible (including whether it can be bought off).
  3. 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, or when E-bike to go starts the realisation of the agreement upon the request of the Lessee. Lessees who are consumers have 14 days to change their mind, unless the agreement is realised during the cooling-off period. If the lease was only partly realised during the cooling-off period in agreement with the consumer, the Lessee must pay proportionally for the services received during that period up to the point of termination.
  4. 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.
  5. The general terms & conditions remain in effect if E-bike to go does not strictly apply one or more of these provisions in a specific case.

3. Type of membership

  1. When entering into the agreement, the Lessee will choose between a Regular membership or a Pro membership.
  2. Professional use of the Bike (including but not limited to the delivery of meals or non-food) is not allowed under a Regular membership.If the Lessee acts in violation of this condition, the Bike is not insured and the Lessee must pay a directly claimable fine of € 500 per violation, without affecting E-bike to go’s right to demand compliance or damages. In addition, the Lessee will be excluded from using any of E-bike to go’s services.
  3. The restriction in point 2 of this Article does not apply to the Pro membership.

4. Remuneration, changes and payment

  1. Lessees will pay E-bike to go the previously agreed monthly lease and additional costs in advance. All prices apply per month and include VAT. Lessees will pay the first month in advance upon registration.
  2. E-bike to go reserves the right to change its fees. In such cases, the Lessee cannot terminate the agreement unless the increase takes place within three months after concluding the agreement and the Lessee is a consumer.Increases based on legislation, such as VAT rises, can be implemented immediately and do not give the Lessee the right to terminate the agreement.
  3. The Lessee will only be charged the agreed costs except when the Lessee owes the Lessor damages.
  4. E-bike to go will send the Lessee a monthly invoice or the lease and any additional costs for the coming month. The calendar day on which the agreement was established based on Article 2(3)determines the consequential dates of invoicing. To illustrate: if a membership starts on the 23rd, E-Bike to go will send a monthly invoice and collect the fees due on the 23rd of each month thereafter.
  5. The amount due on the invoice will be collected via direct debit. If E-bike to go cannot collect the due amount from the Lessee via direct debit on the calendar day as referred to in point 4, the Lessee is legally in default.E-bike to go will then 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, collect the Bike from the Lessee and charge a fee of € 30. E-bike to go will also have the right to terminate the agreement.
  6. Before terminating the agreement, E-bike to go will send the Lessee a one-off reminderwith a final payment term of 14 days, without charge. If the invoice has not been paid hereafter, E-bike to go will have the right to claim legal interest and extrajudicial costs.

5. Delivery

  1. E-bike to go will supply the Lessee with a Bike in accordance with the agreement.
  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. E-bike to go charges a fee of € 30 for delivery of the Bike or for collecting the Bike upon termination of the agreement. Pick-up or Delivery of the Bike by the Lessee via an E-bike to go pick-up point is free of charge. The delivery date of the Bike is considered to be the start date of the agreement.

6. Lessee obligations

  1. The Bike may only be used in accordance with its nature and purpose. The Lessee will treat the Bike and any parts thereof (including the keys) with care. Bikes cannot be used on terrain for which they are not intended. Batteries should be charged in the correct way in a safe place to prevent overheating/fire hazard.
  2. The Lessee is not allowed to sublet, loan, rent out, sell or encumber the Bike.
  3. The Lessee must return the Bike in the same condition as they received it. Lessees are not allowed to modify the Bike themselves, and that includes not adding bike racks or child seats.
  4. The Lessee should not continue to ride the bike if it has a defect that using the bike makes worse. The lessee should instead follow the instructions in Article 7.
  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.
  7. The Lessee must always secure the Bike against theft by (correctly and properly) using the locks provided by E-bike to go.

7. Lessee service, maintenance and instructions

  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 must report any defects, damage, loss or theft of the Bike to E-bike to go within 24 hours and follow E-bike to go’s reasonable instructions, including but not limited to cooperating in a police report (by E-bike to go), providing a completed and signed damage claim form signed by all parties involved if the damage was caused by a third party. and providing all necessary information to E-bike to go and its insurer.
  4. The Lessee may not have a third party repair the Bike unless it has permission from E-bike to go.
  5. E-bike to go will assess the cause of the defect or damage and repair the Bike, unless it cannot be reasonably expected to do so. If the Bike cannot be repaired right away, E-bike to go will offer the Lessee a replacement if necessary and within 48 hours. The Lessee cannot derive any rights if this term is not met. An exchange will only take place at the address provided when registering and is free of charge for all-in fees or when the exchange takes place at a pick-up point. In all other cases E-bike to go will charge a fee of €30.
  6. Repairs to the Bike are at the expense of E-bike to go unless E-bike to go believes the defect or damage is caused by improper use by or on behalf of the Lessee. In this case, any costs of maintenance, replacement or repair or any other costs 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.
  7. E-bike to go will only exchange or repair the e-bike if the Lessee has fulfilled all their financial obligations.

8. Damage, loss, theft and liability

  1. The use of the Bike is at the Lessee’s own risk.
  2. E-bike to go will inspect the Bike for damage (including theft or loss of the Bike and/or parts thereof) when it is returned. If the Bike is damaged, the damage is presumed to have been caused by the Lessee and any costs for repairs or replacement are at the Lessee’s expense, unless the Lessee can prove that the damage was already there when the agreement started or should otherwise be at the expense of E-bike to go. E-bike applies the following table for cases of damage (amounts include VAT):

 

Key

€ 25

Key lock and chain lock

€ 25

Shifter and/or shifter cable

€ 0

Headlight (broken, damaged)

€ 50

Mudguard (bent, damaged)

€ 95

Stand

€ 55

Seat

€ 65

Crank

€ 100

Front rack

€ 95

Charger

€ 85

Wheel (rim)

€ 100

Smartlock

€ 125

Front fork

€ 300

Controller

€ 200

Total Loss

€ 500

Theft of Bike including battery

€ 2,200

 

  1. If the damage, loss or theft is caused by any actions by the Lessee (or any person who used the Bike with permission from the Lessee) in violation of Articles 6 or 7, the Lessee must pay the full damages to E-bike to go (by way of derogation to point 2) insofar as they are higher than the amounts listed in the table above.
  2. The Lessee can take out insurance when the agreement starts so as to buy off any damage to the Bike and limit the deductible in case of theft to € 500 for a Regular membership, or € 750 for a Pro membership with second battery. This is based on a deductible of € 250 per Bike and € 250 for each battery.For the key model, insurance coverage only applies 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 Bike including battery (€ 2,200) from the Lessee (plus € 250 if a second battery is required).
  3. Any Lessee involved in two or more cases of theft will be blocked from using the services of E-bike to go.
  4. If the Bike is found after a theft was reported, the Lessee will be changed a € 50 processing and administration fee instead of the deductible.
  5. If a Bike has to be picked up from a municipal bicycle storage, the costs of € 50 will be charged to the Lessee.

9. Duration and termination

  1. The agreement is concluded for an indefinite period unless both parties 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.
  3. In the following cases, E-bike to go can terminate the agreement extrajudicially and with immediate effect, without owing any damages and while retaining its rights:
  4. The Lessee does not comply with this agreement;
  5. The Lessee has been declared bankrupt or been admitted to the law debt restructuring scheme;
  6. Circumstances arise of such a nature that compliance with the agreement is impossibleor that E-bike to go cannot be compelled to continue the agreement as is.
  7. During the term of notice referred to in article 9(2), the Lessee still owes the agreed monthly lease. E-bike to go will contact the Lessee during this term of notice to discuss the return of the Bike.The Bike should be returned at the latest on the last day of the term of notice. The Lessee will cooperate fully with E-bike to go in returning the Bike.
  8. The Bike can be returned to an E-bike to go pick-up point by the Lessee, free of charge. 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 a Bike to a pick-up point is free of charge. If the Bike is not returned on the last day of the term of notice, the termination is considered ineffective and the agreement will continue as is.

10. Termination    

  1. Article 9 has no bearingon any termination of the agreement by E-bike to go on legal grounds.
  2. In case of termination, the Lessee will fully cooperate with returning the Bike to E-bike to go.
  3. Amounts invoiced by E-bike to go before termination will remain due and become claimable immediately. Amounts already received by E-bike to go will not be returned. E-bike to go is not liable for any damage to the Lessee due to termination based on this Article.

11. 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, including a copy of the Lessee’s ID in accordance with privacy legislation. E-bike to go will check the credit score of the Lessee based on the registration.

12. 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.

13. Liability          

  1. E-bike to go is never liable to compensate the Lessee for any damages other than damages payable in accordance with the legislation. E-bike to go is not liable for damages of the Lessee due to improper use of the Bike and/or battery as referred to in Article 7(6) of these conditions.
  2. E-bike to go is onlyliable for damages caused by a defect to the Bike if the defect was already present when the agreement was entered into and E-bike to go was or should have been aware of the defect, or if the defect was caused after the agreement was entered into but was nonetheless attributable to E-bike to go. E-bike to go is not liable for any personal damages that the Lessee can claim from their insurer or if the Lessee received another type of pay-out for them, unless E-bike to go knew or should have known of the defect when entering into the agreement, or the defect was caused by the intent or gross negligence of E-bike to go.
  3. Should E-bike to go pay be required to pay compensation, this will never exceed the amount of the damages covered by insurance, plus the deductible.
  4. 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.

14. Choice of law and authorised 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.

15. Changes

  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 means that the Lessee is faced with an amendment that deviates substantially from the original, they are entitled to terminate the agreement from the date on which the changed conditions take effect.