1. Definitions

Deelfiets Nederland: The private company with limited liability Deelfiets Nederland B.V., with its registered office in Zwolle, registered in the trade register of the Chamber of Commerce under number 82854009.

Renter: The person who enters into the rental agreement with Deelfiets Nederland.

User: The person who uses the Delivery Bicycles with the Renter's approval.

The defined terms are used in both the singular and plural. All amounts are exclusive of VAT.

2. The agreement

These General Terms and Conditions apply to all rental agreements of delivery bicycles of Deelfiets Nederland.
Any general terms and conditions used by the Renter are expressly not applicable and are rejected by Deelfiets Nederland.
Acceptance and provision of the general terms and conditions by and to the Renter takes place when the Renter completes the online registration form on the Deelfiets Nederland website.
The agreement between Deelfiets Nederland and the Renter is concluded by acceptance of the quotation by the Renter, or when Deelfiets Nederland has started the execution of the agreement at the request of the Renter.
The renter is responsible for reporting changes to the data as known to Deelfiets Nederland, such as address, e-mail address or telephone number.
If Deelfiets Nederland is not allowed to strictly apply one or more provisions of these general terms and conditions in an appropriate case, this does not constitute a waiver of these general terms and conditions.

3. Reimbursement, amendment and payment

The renter owes the previously agreed monthly rental amount and additional costs to Deelfiets Nederland. All amounts mentioned are exclusive of VAT.
Deelfiets Nederland is entitled to change the rental price, without this entitling the Renter to terminate the agreement. Price changes take effect one month after their announcement by Deelfiets Nederland to the Renter. Price changes resulting from the law, such as the increase in VAT, can be implemented immediately.
Deelfiets Nederland will collect the rent and additional costs for the upcoming month from the Renter's bank account in advance every month. The renter is obliged to give Deelfiets Nederland an authorization for direct debit for this purpose.
The tenant can choose to pay the rent in one lump sum over a rental period of at least 6 months. In that case, the tenant receives a discount of 5% on the total rental amount.
If Deelfiets Nederland is unable to collect due to a shortfall in the Renter's balance, the Renter will immediately be in default. The renter will then owe the statutory commercial interest and is also liable for all costs, both judicial and extrajudicial, relating to the collection of the amount owed to Deelfiets Nederland.

4. Delivery

Deelfiets Nederland undertakes to the Renter to make the Delivery Bicycle(s) available as agreed.
The Delivery Bicycle(s) will be delivered to the delivery address as specified on the registration form.
Deelfiets Nederland completes the Issue Form together with the Renter. This states the condition of the bicycle and any accessories. Both Deelfiets Nederland and the Renter sign the form upon delivery.

5. Obligations of Tenant and User

The Renter is free to use a Delivery Bicycle rented under the agreement to User(s). Renter is obliged to impose the obligations stated in this article on User(s) in the same manner and to monitor compliance by User(s). The renter remains responsible towards Deelfiets Nederland for the obligations arising from the agreement and these general terms and conditions.
With the exception of the provisions of paragraph 1, the Delivery Bicycle(s) may not be rented out, sublet, lent, put to use, alienated or encumbered.
The Delivery Bicycle(s) may only be used in accordance with its nature and purpose. The Delivery Bicycle(s) and accessories (including the keys) must be handled with care. It is prohibited to use the Delivery Bicycle(s) on an area for which the Delivery Bicycle(s) is/are not suitable. The battery must be charged correctly and in a safe place to prevent overheating and/or fire hazard.
Renter must return the Delivery Bicycle(s) in the same condition as he received the Delivery Bicycle(s). It is not permitted to make any modifications to the Delivery Bicycle(s) yourself, such as a luggage carrier or child seat. Moving a Delivery Bicycle another location without prior written permission from Deelfiets Nederland is not permitted.
If there is a defect in a Delivery Bicycle, the Delivery Bicycle may not be continued cycling if this would make the defect worse. Renter and User are then obliged to follow the instructions in Article 6.
Every Delivery Bicycle must always be protected against theft by correct and proper use of the locks provided by Deelfiets Nederland.
If the key to the bicycle lock and/or key to the battery lock is lost, this must be reported to Deelfiets Nederland and Deelfiets Nederland will provide a copy of the key. There are costs involved. It is prohibited to have additional keys made yourself.

6. Service, maintenance and instructions for Tenant and User

Deelfiets Nederland takes care of the regular maintenance of the Delivery Bicycle(s) at its own discretion.
Deelfiets Nederland has the authority to check the condition of Delivery Bicycle(s) and can make modifications. Renter and User are obliged to cooperate with inspections, modifications and checks.
In the event of damage or loss of a Delivery Bicycle, the Renter must inform Deelfiets Nederland within 24 hours and follow all reasonable instructions from Deelfiets Nederland, including but not limited to cooperating in filing a report (by Deelfiets Nederland). ), submitting a completed claim form signed by all involved if the damage was caused by a third party and providing all information to Deelfiets Nederland and its insurer.
The renter may not have a Delivery Bicycle repaired by a third party, other than with the permission of Deelfiets Nederland.
Deelfiets Nederland will assess the cause of the defect or damage and repair the Delivery Bicycle, unless this cannot reasonably be expected of it. If the Delivery Bicycle cannot be repaired immediately, Deelfiets Nederland will contact you within 48 hours to schedule an exchange of the Delivery Bicycle. The Renter cannot derive any rights from this period. Exchange will only take place at the address specified by the Renter on the registration form. Exchange is free of charge.
Regular maintenance of the Delivery Bicycle is the responsibility of Deelfiets Nederland. However, if in the opinion of Deelfiets Nederland there is a defect or damage as a result of careless use by or on behalf of the Renter, the costs of maintenance, repair, replacement or otherwise will be borne by the Renter. These costs will then be charged to the Renter by Deelfiets Nederland.
In the event of improper use of the Delivery Bicycle by the Renter, Deelfiets Nederland is entitled to take measures, including the immediate confiscation of the Delivery Bicycle(s) without forfeiting the Renter's payment obligations. Improper use in any case means: use contrary to these general terms and conditions and use contrary to the normal use of a Delivery Bicycle, for example use under the influence of narcotics such as alcohol and/or drugs, cases of traffic violations, negligence or lack of normal care.
Deelfiets Nederland will only exchange or repair the Delivery Bicycle if the Renter has fulfilled all financial obligations under the agreement at that time.

7. Damage, loss, theft and liability

The use of a Delivery Bicycle is entirely at your own risk.
Deelfiets Nederland inspects every Delivery Bicycle during Service and it's return for any damage (including theft or loss of the Delivery Bicycle and/or parts). If a Delivery Bicycle appears to have damage, this damage is presumed to have been caused by or on behalf of the Renter (including by User(s)). The costs for repair or replacement are borne by the Renter, unless the Renter proves that the damage already existed at the start of the agreement or should otherwise be borne by Deelfiets Nederland.
In the event of theft, Deelfiets Nederland applies a deductible of €250 per Delivery Bicycle and €250 per battery. A claim for insurance coverage can only be made if the original key is handed over to Deelfiets Nederland. If the original key cannot be returned to Deelfiets Nederland, the Renter will be charged the full amount of the Delivery Bicycle including battery of €1,818.
The Renter will be blocked and will no longer be able to use new Delivery Bicycle(s) if the Renter in question has been involved with a theft twice.
If the Delivery Bicycle is found after a theft report, the Renter will be charged €100 in processing and administration costs instead of the deductible.
If a Delivery Bicycle needs to be picked up at a Bicycle Depot, Deelfiets Nederland will charge the Renter a fee of € 100 for this.

8. Duration and termination

The initial agreement is entered into for a fixed period of 6 months. No interim termination is possible during this period.
After the period referred to in paragraph 1 has expired, the agreement will be automatically extended to an agreement for an indefinite period and a notice period of one month applies to the Renter and Deelfiets Nederland.
Deelfiets Nederland can also terminate the agreement with immediate effect without judicial intervention, without being obliged to pay any compensation and without prejudice to all rights to which it is entitled, if:
1. The tenant is in default under the agreement;
2. the Tenant has been declared bankrupt or the Tenant has been granted a suspension of payments (whether provisional or otherwise);
3. Circumstances arise that are of such a nature that fulfillment of the agreement is impossible or that the unchanged maintenance of the agreement cannot be expected from Deelfiets Nederland.
During the notice period referred to in paragraph 2, the Renter owes the agreed monthly fee. Within the notice period, Deelfiets Nederland will contact the Renter to discuss the return of the Delivery Bicycle(s). The Delivery Bicycle(s) must be returned no later than the last day of the notice period. The renter will fully cooperate with Deelfiets Nederland in returning the Delivery Bicycle(s).
If the agreement ends on the basis of paragraph 3 before the period in paragraph 1 or 2 has expired, Deelfiets Nederland is entitled to reimbursement of the remaining rental periods over that period.

9. Collection of the bicylce

When taking delivery of the bicycle, Deelfiets Nederland will check the condition of the bicycle and any accessories and compare it with the condition of the bicycles and any accessories, as stated on the Issue Form. The condition of the bicycle and any accessories will be recorded on the Collection Form. Deviations in the condition of the bicycle and/or any accessories are presumed to be caused by the Renter (which also includes the User). Deelfiets Nederland and the Renter both sign the Intake Form. Deelfiets Nederland is entitled to charge the Renter the costs of the registered deviation from the condition of the bicycle and any accessories.

10. Changes

Deelfiets Nederland is entitled to change the agreement or the general terms and conditions at any time.
The changes will enter into force two (2) weeks after their announcement or a later date, if this is stated in the announcement, unless a different legal period is required, which will then be applied.
The provisions of the previous paragraph do not apply:
1. If the change is exclusively for the benefit of the Renter;
2. If the change does not reasonably have any consequences for the (legal) position of the Renter;
3. If the Renter is offered the opportunity to refuse the changes;
4. If the changes were already agreed upon when entering into the agreement, such as the adjustment of the number of bicycles or the requirements for correct use.
5. If the change is prescribed by the government.

11. Applicable law

The Rental Agreement is exclusively governed by Dutch law. Any disputes will be submitted to the competent court within whose district the location of Deelfiets Nederland is located.

Terms and Conditions Bezorgfiets