General rental conditions BOVAG Bicycle Companies (bicycle / e-bike (except high speed e-bike))
These General Terms and Conditions of BOVAG Fietsbedrijven have been drawn up in consultation with the Consumers' Association and the ANWB within the framework of the SER Self-Regulation Coordination Group (CZ) and will enter into force on 1 May 2016. DEFINITIONS In these terms and conditions, the following terms shall have the following meanings: bicycle: a two- or multi-wheeled vehicle that is propelled by muscle power via pedals and that has a speed of up to 25 km/h, including the accessory(s) that are rented; renter: the natural person or legal entity who enters into the rental agreement as renter; lessor: the natural person or legal entity member of BOVAG Fietsbedrijven who enters into the rental agreement as lessor; consumer: the renter who is a natural person and has entered into the rental agreement for purposes that fall outside his or her business or professional activity; damage suffered by the lessor: the financial loss suffered by the lessor as a result of: damage (including abnormal wear) or loss of the bicycle, or of accessories (such as a key), or of bicycle parts. This damage includes, but is not limited to, the costs of replacing (accessories and parts of) the bicycle and loss of rental income; rider: the actual driver of the bicycle; written: in writing or electronically.
Article 1 – Applicability These general terms and conditions apply to bicycle rental agreements between the lessor and the lessee.
Article 2 - The offer 1. The renter may choose whether the lessor makes an offer in writing or verbally. 2. An offer may be revoked if the offer is dependent on the availability of a bicycle. Otherwise, the offer cannot be revoked for 14 days. The offer can be accepted immediately after it has been made. 3. The offer contains a complete and accurate description of: - the bicycle; - the rental period; - the rental price; - the method of payment; - any additional costs; - the amount of the deductible, whether or not this deductible can be bought off - any deposit or other form of providing security. This deposit amounts to a maximum of €50 and can be paid in cash or in another way; - the fact that acceptance of the offer is not without obligation. 4. The offer contains the opening hours of the company and the telephone number on which the company can be reached. 5. These general terms and conditions are included with the offer. If it is not possible to include these with the offer, the general terms and conditions will in principle be included when the agreement is concluded, but in the case of a rental agreement made by telephone, they will follow later.
Article 3 - The agreement 1. The agreement is concluded by acceptance of the offer. The landlord confirms the verbal agreement in writing, but if this does not happen, the agreement remains in place. 2. The rental agreement applies for the period and the rate as stated on the rental agreement or as agreed in another way. The rental agreement states the day and time on which the rental period begins and ends.
Article 4 – Termination (cooling-off period) Tenants have a right of termination for 14 days after the conclusion of the rental agreement. This does not apply if the rental agreement was concluded in direct contact between the landlord and tenant within a sales area, for example at the rental counter. It also does not apply if the rental has already been performed with the consent of the consumer during the cooling-off period and the consumer has agreed to the fact that no right of termination applies. If the rental has been partially performed with the consent of the consumer during the cooling-off period, the consumer will pay for the service pro rata in the event of termination during the cooling-off period.
Article 5 - The price and price changes 1. The rental sum and any additional costs are agreed in advance. This also applies to any possibility to change the price in the meantime. The rental sum is clearly stated in the rental agreement. 2. If a price change occurs within three months of concluding the agreement, this will not affect the agreed price. 3. The consumer may terminate the agreement if the price increases after three months of concluding the agreement, but before the rental period has started. 4. The second paragraph does not apply to price changes resulting from the law, such as an increase due to VAT. 5. Only costs that have been agreed upon can be charged to the tenant. However, the tenant must pay damages to the landlord if there is a reason for this.
Article 6 - The rental period and exceeding the rental period 1. The renter must return the bicycle no later than the day and time at which the rental period ends. The address is stated on the rental agreement. If another address has been agreed, the bicycle must be returned there on time. The lessor must accept the bicycle during opening hours. 2. The renter may only return the bicycle outside opening hours or to another address with the permission of the lessor. 3. If the bicycle is not returned as agreed after the end of the (possibly extended) rental period, the lessor can immediately take back the bicycle. The contractual obligations of the renter remain in force until the bicycle has been returned to the lessor. 4. If the renter does not return the bicycle on time, the lessor may charge the renter 20% of the daily rental price for each hour that the bicycle is returned late. After exceeding the rental price by five hours, up to 1½ times the daily rental price may be charged per day. In addition, the lessor can ask for compensation for damage, both for damage that exists and for damage that will follow. If it is and remains impossible to return the bicycle, no higher rental price will be charged. The increase in rental price does not apply if the renter demonstrates that the exceeding of the rental period is the result of force majeure.
Article 7 - Cancellation If an agreement is cancelled by the tenant, the landlord may charge the following cancellation costs: - in case of cancellation up to the 30th day (exclusive) before the day of rental: the deposit with a maximum of 10% of the rental sum; - in case of cancellation from the 30th day (inclusive) up to the 7th day (exclusive) before the day of rental: 30% of the rental sum; - in case of cancellation from the 7th day (inclusive) up to the 3rd day (exclusive) before the day of rental: 50% of the rental sum; - in case of cancellation from the 3rd day (inclusive) up to 1 day (exclusive) before the day of rental: 90% of the rental sum; - in case of cancellation less than 1 day before the day of rental: the full rental sum.
Article 8 – Payment 1. At the start of the rental, the lessor may request payment of a deposit. 2. As soon as the bicycle has been returned, the lessor will refund the deposit. The lessor may then offset any outstanding costs. 3. In the event of damage to the lessor, this will also be offset against the deposit. This refund will take place as soon as it is clear what amount is left. The refund will certainly take place within two months. 4. If another person has caused damage to the lessor and the lessor has received full compensation for this from this third party, the deposit will be refunded within 14 days after the damage has been recovered. The lessor will make every effort to recover damage caused by third parties as soon as possible. The lessor will keep the tenant informed of his efforts. 5. If the rental period starts within three months after the conclusion of the agreement, the lessor may request an advance payment of up to 50% of the rent. Unless otherwise agreed, the rent must be paid immediately after the end of the rental period. Other amounts must be paid within ten days of receipt of the invoice. The tenant must pay the amount due before the payment date has expired. If he fails to do so, the landlord will send a free payment reminder after the date has expired and will give the tenant the opportunity to pay the outstanding amount within fourteen days of receipt of this payment reminder. If payment has still not been made after the payment reminder has expired, the landlord is entitled to charge interest from the moment of default. This interest is equal to the statutory interest. Legal and extrajudicial costs incurred by a party to enforce payment of a debt may be charged to the other party. The amount of these costs is subject to (statutory) limits. This may be deviated from to the advantage of the tenant.
Article 9 - Obligations of the renter 1. The renter must handle the rented bicycle with care and ensure that he uses the bicycle as intended. For example, he must handle the charger with care and charge it regularly. It is prohibited to use the bicycle on a circuit or on a terrain for which the bicycle is not suitable. The bicycle must always be locked with the locks that were provided, as much as possible to a fixed object. 2. The renter must return the bicycle in the same condition as he received it. This means, for example, that the renter must undo any changes to the bicycle. The renter is not entitled to compensation if he has made improvements to the bicycle that need to be removed. 3. The renter must carefully secure the luggage on the bicycle. No adults may sit on the back, only children in a child seat. 4. The renter must ensure that no one uses the bicycle who is unable to do so due to a physical or mental disability. 5. The renter may not sublet the bicycle. 6. The renter may not take the bicycle to other countries, except Belgium and Germany. If the lessor arranges otherwise in a written agreement, the bicycle may also be taken to those other countries in accordance with that agreement. 7. If the bicycle is broken, article 10 section 1 applies and the renter may not continue cycling with it if this makes it worse. 8. The renter is obliged to inform the persons he allows to use the bicycle of the rules of the rental and to ensure that they also adhere to them. 9. The renter must handle the keys to the bicycle with care.
Article 10 - Instructions for the renter 1. If the bicycle is visibly broken, has damaged something, or is missing, the renter must follow these instructions: - the renter informs the lessor of this; - the renter does what the lessor asks of him; - the renter provides all information and relevant documents to the lessor or his insurer on his own initiative or in response to a request; - the renter leaves the bicycle in such a way that it will be properly protected against damage or loss; - the lessor may want to claim compensation from someone else. It may also happen that a third party believes that the lessor should pay him compensation and that the lessor wishes to object to this. In such cases, the renter must cooperate. 2. If the bicycle is missing, the renter is obliged to report this to the local police.
Article 11 - Lessor's obligations 1. When the lessor provides the renter with an (electric) bicycle, it will have the agreed accessories and specifications and also the equipment required in the Netherlands. The bicycle will also be clean, well-maintained and (as far as the lessor is aware or recognizable) in good technical condition. In the case of an electric bicycle, the battery is fully charged. 2. The renter will receive a free upgrade if no bicycle can be provided from the agreed category. Such an upgrade will not be possible if the agreed bicycle is already in the highest category. 3. The rental agreement contains telephone numbers where the renter can report during and outside opening hours. 4. There is adequate roadside assistance in the Netherlands, Belgium and Germany. Roadside assistance for other countries only applies if the parties have agreed that the bicycle may be used in these countries. 5. Adequate roadside assistance in any case means that the lessor will offer replacement transport, as far as possible equivalent, if a defect in the bicycle needs to be repaired. The bicycle will be repaired immediately, unless this is not reasonably possible. If the breakdown is the result of your own fault, the costs of assistance will not be reimbursed by the lessor. 6. The lessor will inspect the bicycle for any damage immediately upon return by the renter. This applies both when returning the bicycle to your own branch and when returning the bicycle to another branch of the same store. 7. In the event of damage to the bicycle abroad, the costs of repatriation of the bicycle will be borne by the lessor, unless the second paragraph of Article 12 applies. Article 12 - Renter's liability for damage 1. The renter is liable for damage to the lessor per claim up to the deductible stated in the rental agreement. For bicycles, the deductible is a maximum of €150, for electric bicycles a maximum of €300. 2. If the damage results from something that the renter did or did not do in violation of Article 9, the renter must in principle fully compensate the lessor for the damage. A first possible exception to this is that the renter proves that this action or omission cannot be attributed to him. A second exception could be that it is not reasonable and fair for the renter to have to pay for everything. 3. Renter remains liable for damage to the lessor up to the time that the lessor has actually inspected the bicycle or has had it inspected. The lessor will inspect the bicycle at the first opportunity and will inform the renter immediately if damage is discovered. 4. If the renter takes another person on the bicycle as a passenger or if the renter allows another person to use the bicycle, the renter is liable for what these persons do or do not do in accordance with article 12 paragraphs 1 and 2 of these general terms and conditions.
Article 13 - Defects in the bicycle and the lessor's liability 1. If the tenant asks the lessor to remedy defects, the lessor must in principle do so. This is not necessary if a defect really cannot be remedied. It is also not necessary if the tenant cannot reasonably ask the lessor to do so, given the money that the lessor would have to spend on this. If the tenant is liable to the lessor for the defect or for the consequences of the defect, the lessor is not obliged to remedy the defects either, even if the tenant did request this. 2. If someone who has suffered personal injury has been able to recover this damage from his/her damage insurer or if such a person has received another payment for this, the lessor is not liable for this personal injury. 3. However, what is stated in Article 13 paragraph 2 does not apply if there is personal injury, while the lessor knew or should have known about the defects when making the rental agreement, or while the defects arose through intent or gross negligence on the part of the lessor. 4. The stated range of an electric bicycle is no more than an estimate.
Article 14 - Damage and repairs 1. Repairs to the bicycle are at the expense of the lessor, unless the repair is the result of careless use of the bicycle. 2. Only after permission from the lessor may the renter have someone other than the lessor repair the bicycle. The lessor will grant this permission if this is reasonably necessary, given the defect itself and the other circumstances. 3. As an exception to paragraph 2, the renter is permitted to repair or replace flat tires and bulbs and batteries of the bicycle lighting at his own expense and risk. The lessor's permission is therefore not required for this. 4. If the bicycle is damaged during the rental period, the renter must return the damaged bicycle to the location where it was rented. When reporting the damage, the parties may agree that this will take place at a different location. 5. The renter must report damage to the bicycle to the lessor as soon as this is reasonably possible. 6. If the lessor does not repair the rented bicycle in time, while the lessor should have done so, the renter may carry out the repair himself (or have it carried out) and may request reimbursement of his reasonable costs. 7. The lessor is obliged to compensate for damage caused by a defect in the bicycle in the following situations: - the defect was already present when the rental agreement was entered into and the lessor knew about it or should have known about the defects; - the defect was already present at that time, but the lessor informed the renter at the time of the agreement that the bicycle did not have the defect; - the defect arose after the rental agreement was entered into, but is attributable to the lessor.
Article 15 - Termination of the lease 1. The lessor may terminate the lease and take back the bicycle if: - the tenant fails to fulfil one or more of his obligations during the lease period, fails to fulfil them on time or fails to fulfil them in full, unless this is not serious enough to warrant termination; - the tenant dies, is placed under guardianship, applies for a moratorium, is declared bankrupt or the Natural Persons Debt Restructuring Act is declared applicable to him; - the lessor is aware of the existence of circumstances that are of such a nature that if he had been aware of them, he would not have entered into the lease agreement with the tenant (in this manner). In that case, the lessor may continue to request compensation for costs, damages and interest. 2. The tenant shall cooperate fully with the lessor to return the bicycle. 3. The lessor is not liable for damages suffered by the tenant as a result of termination on the basis of this article.
Article 16 - Complaints and Mediation Scheme 1. Complaints about the performance of the agreement must be submitted to the lessor in full and clearly described, in good time after the tenant has discovered that, in his opinion, something has gone wrong. If the tenant is too late, he may lose his rights. 2. If it appears that the tenant is not satisfied with the result of the complaint handling by the lessor, the following applies. The tenant can submit a dispute to BOVAG Mediation within six weeks of its occurrence. The mediation attempt will take place in accordance with regulations that have been brought to the attention of the tenant and the lessor in advance. The address of BOVAG Mediation is: Postbus 1100, 3980 DC in Bunnik. Tel. no. 030 - 569 53 95. The complaint must concern the interpretation or performance of these general rental conditions. The tenant can of course also choose to submit the complaint to the disputes committee.
Article 17 - Dispute resolution 1. Disputes between the tenant acting for purposes outside his business or professional activities and the lessor regarding the conclusion or performance of agreements relating to services and goods to be provided or provided by the lessor, may, subject to the provisions below, be submitted by both the tenant and the lessor to the Vehicle Rental Disputes Committee. Address: The Disputes Committee, Postbus 90600, 2509 LP in The Hague (visiting address: Borderwijklaan 46, 2591 XR in The Hague). 2. A dispute will only be considered by the Disputes Committee if the tenant has first submitted his complaint to the lessor in a timely manner. A dispute arises if the tenant's complaint has not been resolved satisfactorily by the lessor and/or through the mediation attempt of BOVAG Mediation. 3. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Disputes Committee no later than 12 months after the date on which the tenant submitted the complaint to the lessor. A dispute exists after the complaint handling by the lessor and/or through the mediation attempt of BOVAG Mediation has not been resolved. 4. If the tenant submits a dispute to the Disputes Committee, the lessor is bound by this choice. If the lessor wishes to submit a dispute to the Disputes Committee, he must ask the tenant to state within five weeks whether he agrees to this. The lessor must also announce that he will consider himself free to submit the dispute to the court after the expiry of the aforementioned period. 5. The Disputes Committee will render a decision in accordance with the provisions of the regulations applicable to it. The decisions of the Disputes Committee are made pursuant to those regulations by way of binding advice. The regulations will be sent upon request. A fee is due for the handling of a dispute. 6. Only the court or the above-mentioned Disputes Committee is authorized to hear disputes.
Article 18 - Compliance guarantee 1. BOVAG guarantees compliance with the binding advice by its members if the lessor does not comply with the binding advice, unless the member decides to submit the binding advice to the court for review within two months of its dispatch and the judgment in which the court declares the binding advice non-binding has become final and binding. 2. The BOVAG guarantee concerns an amount to be paid by BOVAG of a maximum of €450 against assignment of the tenant's claim. For amounts greater than €450 per dispute, BOVAG will pay the maximum amount of €450 to the tenant under the same conditions. For the excess, the tenant is offered the opportunity to assign his claim to BOVAG, after which BOVAG will request payment thereof in court if necessary. In that case, BOVAG undertakes to transfer collected funds to the tenant. 3. The guarantee referred to in paragraph 2 does not apply if a court annuls the binding advice. In the event of bankruptcy, suspension of payments or termination of business of the lessor, BOVAG will only pay out an amount of up to €450 per dispute and the guarantee will only apply if the lessee has fulfilled the formal obligations to submit the dispute to the Vehicle Rental Disputes Committee before such a situation arises.
Article 19 - Processing of personal data of the tenant and the driver The personal data stated in the contract are processed by the lessor as the controller within the meaning of the Personal Data Protection Act in a personal registration. Based on this processing, the lessor can implement these conditions, execute the agreement, provide the tenant or driver with optimal service and up-to-date product information and make personalized offers to the tenant or driver. The tenant and driver can request access to and correction of the processed personal data and file an objection. In the case of direct mailing, such an objection will always be honored.
Article 20 - Applicable law This agreement is governed by Dutch law, unless the law of another country applies on the basis of mandatory law.