General Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR BIKE RENTAL PROMO-BIKEY

Article 1: Definitions

In these General Terms and Conditions, the following definitions apply:

  • Promo-Bikey, located at Beursstraat 41 sous, Vlissingen;
  • Unlockthis: the app used to rent a bike from Promo-Bikey;
  • Renter: the individual or legal entity entering into a Rental Agreement with Promo-Bikey;
  • Rental Agreement: the agreement between Promo-Bikey and the Renter under which Promo-Bikey rents out bicycles to the Renter;
  • General Terms and Conditions: these terms and conditions;
  • Bicycles: the bicycles offered for rent by Promo-Bikey;
  • Accessories: the items offered for rent by Promo-Bikey that can be mounted on or are part of the bicycle, including but not limited to locks;
  • Rental Location: the place where the rented bicycles are handed over and returned.

Article 2: Applicability

These General Terms and Conditions apply to every offer and every Rental Agreement between Promo-Bikey and the Renter, unless explicitly agreed otherwise in writing.

Article 3: Formation of the Rental Agreement

  1. A Rental Agreement is only formed once the Renter has taken possession of the bicycles and/or accessories.
  2. The Renter is fully responsible towards Promo-Bikey for fulfilling their obligations under the Rental Agreement, including when bicycles and/or accessories are used by third parties.

Article 4: Start and End of the Rental Agreement

  1. The Rental Agreement begins when the bicycles and accessories are taken into possession and is valid for the duration stated in the Rental Agreement.
  2. The Renter must return the bicycles and accessories, which remain the property of Promo-Bikey, by the agreed time to the Rental Location or another location previously agreed in writing.
  3. Extension of the rental duration is only possible with written approval from the Rental Location.
  4. If the bicycles or accessories have a defect not attributable to the Renter that prevents normal use, the Renter may return them within 15 minutes and receive a full refund.
  5. Early return of the bicycles and accessories (except under the previous clause) ends the Rental Agreement without a refund of the rental fee.

Article 5: Obligations of Promo-Bikey

1. Promo-Bikey provides bicycles and accessories in good and safe condition, compliant with legal standards and equipped to prevent theft.
2. If a third party is used for rental purposes, Promo-Bikey ensures that the third party fulfills the obligations under the Rental Agreement.

Article 6: Use

  1. The Renter must check the bicycles and accessories upon receipt and report any defects. If not, the items are deemed to be in good condition.
  2. The Renter creates an account in the “Unlockthis” app, selects a Promo-Bikey bike, and is placed in the correct contract type before unlocking the bike.
  3. The Renter follows all traffic rules, uses the bikes appropriately, and returns them clean and in the same condition as received.
  4. The bicycles and accessories may only be used on paved roads and paths, and not in dunes or on the beach.
  5. No passengers may be transported, except with approved accessories designed for that purpose.
  6. The Renter must prevent damage, loss, or theft by always locking the bikes and removing detachable accessories when parked.
  7. No modifications may be made to the bicycles or accessories.

Article 7: Rental Fee, Payment, and Costs

1. The Renter must pay the rental fee in advance, as stated in the Rental Agreement.

2. If the rental period is exceeded by more than 15 minutes without written permission, an additional fee plus a fine of €12.00 per day applies. This is due upon return.

3. This does not apply in force majeure situations if reported before the rental ends and an agreement is made for late return.

4. If the bicycles are not returned on the agreed date, the Renter owes €350.00 per bike within 3 days. This does not transfer ownership. Promo-Bikey retains ownership and may still charge rent and fines.

Article 8: Liability for Damage, Loss, or Theft

  1. Promo-Bikey is not liable for damage to the Renter or third parties unless due to a manufacturing defect or negligence. In that case, liability is limited to the insurance payout.
  2. The Renter must report damage, loss, or theft as soon as reasonably possible to a Promo-Bikey employee using the contact info in the Rental Agreement.
  3. The Renter is liable for any damage caused during the rental period, including costs of repair, replacement, and loss of income. Liability is limited to €100.00 per bike only if the bike was locked properly and a police report is provided.
  4. The Renter must return damaged bikes to the Rental Location unless agreed otherwise after reporting the damage.
  5. Compensation must be paid on the agreed return date. Promo-Bikey may issue a later invoice if needed.
  6. Repair work is not allowed without explicit permission from Promo-Bikey, except for replacing lights, batteries, or repairing punctures, which may be done at the renter’s expense and risk.

Article 9: Late Payment

1. Payment deadlines are final. Failure to pay on time constitutes default without further notice.

2. In case of late payment, statutory interest applies. Collection costs are set at 15% of the outstanding amount, without prejudice to claiming actual incurred costs.

Article 10: Termination of Agreement

Promo-Bikey may terminate the Rental Agreement in case of breach or suspicion of breach of these terms. Bikes must be returned immediately. Promo-Bikey is not liable for any compensation. This includes when security requested at the time of agreement is not provided or insufficient.

Article 11: Complaints

1. Any complaints must be reported promptly via the “Unlockthis” app after the rental period.

Article 12: Changes

1. Changes to these terms must be made in writing. Oral agreements are not valid.

2. If any provision conflicts with the Rental Agreement, the Rental Agreement prevails.

3. If any provision becomes invalid, the remaining provisions remain in effect. An invalid clause shall be replaced by a valid one that reflects the original meaning as closely as possible.

Article 13: Governing Law

  1. All Rental Agreements and these General Terms are governed by Dutch law.
  2. Disputes will be submitted to the competent court in Breda.