General Terms and Conditions - Park & Bike The Hague
Park & Bike The Hague is an organization that rents out bicycles and parking spaces from location Duindigt in Wassenaar.
The following General Terms and Conditions apply to all offers and rental agreements (hereinafter: rental receipts). When renting one or more bicycles and parking spaces or leasing a bicycle, the customer acknowledges having read and accepted these General Terms and Conditions.
Where the masculine form is used in these General Terms and Conditions, this should also be read as the feminine form, insofar as applicable.
Waar in deze Algemene Voorwaarden de mannelijke vorm wordt gebruikt, dient dit tevens – voor zover van toepassing – gelezen te worden als vrouwelijke vorm.
Article 1 - Applicability
These general terms and conditions apply to all user agreements with the renters. Both via computer and mobile devices or any other software application, as available from partners or an app, as well as to all agreements of rental and lease of the parking space and a bicycle concluded between the lessor and the lessee through the website.
Article 2 - Registration
- Park & Bike The Hague reserves the right to refuse the registration of a potential lessee, if there is reason to believe that the applicant will not behave in accordance with the agreement.
- By using the website and accepting the offer, the lessee binds himself to these General Terms and Conditions. The hirer must provide all the correct information that Park and BikeThe Hague requires to create an account. This includes first and last name, home address, email address and mobile phone number. The lessee is responsible for the authenticity of these data.
Article 3 - Means of access
- To enable use, the lessee must make a reservation. The renter signs up through the website. The website lists the pick up location with available parking and bicycles. The offer is included in the website. The offer contains a complete and correct description of the calculation of the rental fee and parking fee, possible additional costs and the payment method.
- The lessee reserves a parking space and a bicycle through the website. Park en Bike The Hague has the right to not accept the reservation in case there are no parking spaces and/or bicycles available or in all other cases a reservation cannot be accepted.
Article 4 - Rental agreement and payment
- Lessees can rent parking spaces and bicycles from Park en Bike The Hague by making reservations through the website. The rental agreement for the use of a parking space and a bicycle comes into effect when the lessee starts the rental process through the website. The reservation is only effected when the hirer has fulfilled the payment.
- When reserving the parking space and bicycle, the lessee is obliged to pay the agreed rates for use. The rental fee and parking fee and also all other amounts due in respect of the rental agreement.
- The lessee has the option to extend a reservation if parking and bicycle availability are positive. If a reservation is extended, the renter will be liable for additional rental and parking fees.
Article 5 - Rental period
- The rental period starts when the lessee reserves the parking space and bicycle and enters into a rental agreement for a certain agreed period. The period ends on the date specified by the lessee when reserving a parking space and a bicycle. The lessee pays for the specified period of rental of a parking space and a bicycle. Extension is possible, provided that no parking spaces are available.
- If the rental agreement cannot be terminated in any way, the lessee should contact Park & Bike The Hague immediately.
Article 6 - Refunds
- Bij annuleringen op de dag zelf verlenen wij helaas geen restitutie.
- Bij annuleringen minimaal 24 uur van tevoren verlenen wij 50 % restitutie minus € 4,50 administratiekosten. Dit bedrag wordt binnen 48 uur teruggestort.
- Bij annuleringen minimaal 48 uur van tevoren verlenen wij restitutie minus € 4,50 administratiekosten. Dit bedrag wordt binnen 48 uur teruggestort.
- Wij verlenen geen restitutie als je je fiets eerder inlevert dan de einddatum van de huurperiode.
Article 7 - Obligations of the lessor and lessee
- Lessor Park & Bike The Hague ensures that the lessee is provided with a parking space and a bicycle that is in good and safe condition, meets all legal requirements and is equipped with double locks to protect the bicycle against theft.
- The lessor has the right to indicate to the lessee where the bicycle may not be used or stored.
- Lessee The lessee is expected to check the bicycle for any damage and/or other observable defects before it is put into use.
- It is not allowed to transport other persons on the bicycle and use the parking lot than just the lessee.
- The lessee shall use a bicycle as appropriate, according to the applicable instructions of government personnel. When storing, the lessee shall lock the bicycle with the two locks with which it is equipped.
- The lessee shall not make any changes to the bicycle or make any repairs.
- The lessee is obliged to return the bike to the Park & Bike Duindigt return point. The bicycle must be locked with both locks.
- The bicycle may only be used within a radius of 50 kilometers from the Park & Bike The Hague location. Use of the bicycle outside The Netherlands is not permitted.
- If the lessee does not fulfill the obligations in accordance with the rental agreement and the general terms and conditions, Park & Bike The Hague has the right to terminate the lessee's current and future use of the bicycle with immediate effect.
- If either the lessor or the lessee fails to fulfill the obligations of the lease, the other party is permitted to suspend or terminate the lease.
Article 8 - Insurance, damage, loss and theft
- Park & Bike The Hague will pay for any repairs to the bicycle, unless the damage is the result of the lessee's behavior. Park & Bike The Hague reserves the right to charge the renter for any repair costs resulting from not careful use of the bicycle.
- The hirer is not permitted to carry out repairs to the bicycle or have them carried out by anyone other than Park & Bike The Hague, unless Park & Bike The Hague gives permission.
- In case that defects are found or in case of theft and/or loss, these must be reported to Park & Bike The Hague immediately. This can be done by e-mail to firstname.lastname@example.org or during office hours by telephone at +31(0)70 355 40 60.
- You are insured for theft. During the rental period, the lessee is liable for damage due to negligent use, loss or theft and likewise all costs associated with its use, such as storage or improper storage of a bicycle.
- In case of theft, the lessee must request the details of the bicycle from Park & Bike The Hague, report the theft to the police, submit a duplicate copy of the official report in person or digitally (email@example.com) and, if available, the spare key to Park & Bike The Hague.
- If you are able to provide the key, you will pay an excess of € 100,00 per normal bicycle, € 150,00 per cargo bicycle, € 200,00 per electric cargo bicycle, € 150,00 per electric bicycle or € 250,00 per electric scooter. If you are unable to provide the bicycle key, you will pay the value of the bicycle, cargo bike or scooter.
- You are insured for damage to the bike. This will be repaired as soon as possible.*
* In case of demonstrable misuse we will charge a fee
** In case of vandalism or demonstrable abuse, normal sales rates apply
Article 9 - Liability
- Park & Bike The Hague cannot be held liable to compensate for any damage, which is a direct or indirect consequence of:
o Damage resulting from any intentional or negligent acts of the lessee.
o Damage resulting from defects that cannot be attributed to Park & Bike The Hague.
o Damage when the lessee has not used the bicycle correctly or has used it in violation of the instructions for use and/or safety regulations.
- Park & Bike The Hague is not responsible and/or liable for bicycle accidents or dangerous situations and accidents.
- Park & Bike The Hague is not liable for any damage, such as bodily injury, death, property damage or damage to third parties during the use of the bicycle. The use of the bicycle is entirely at your own risk.
- Park & Bike The Hague cannot be held liable for fines during the use of the bicycle received by the lessee.
- We disclaim all liability, in any capacity and for any reason, for any damage arising in particular from accidents, theft or damage that may occur on Park & Bike The Hague premises to your car.
- The service we provide includes only the provision of a parking space and a rental bike with a coaster brake or with hand brakes and three gears. Supervision is provided during office hours. Since we do not act in the capacity of a legal custodian, we do not assume any obligation to monitor and are in no way liable for the actions of uninvolved parties.
Article 10 - Personal data and processing
Article 11 - Amendment provision
If one or more of the provisions of these General Terms and Conditions are void or are nullified, the remaining provisions of these General Terms and Conditions will continue to apply in full. The lessor and the lessee will then consult to agree on new provisions to replace the void or annulled provisions, taking into account, if and as far as possible, the object and purport of the original provision.
Article 12 - Settlement of disputes
- Disputes between the lessee and Park & Bike The Hague concerning the conclusion or execution of agreements relating to services and goods to be provided or delivered by the lessor in this regard shall be resolved amicably to the greatest extent possible.
- If the lessee and Park & Bike The Hague do not reach an amicable solution within four months, the court has sole jurisdiction to take cognizance of the dispute.
Article 13 - Applicable law
- All rental agreements between Park & Bike The Hague, the renter and the present General Terms and Conditions are governed exclusively by Dutch law.
- Any disputes shall be submitted exclusively to the competent judge of the District Court of The Hague.
Thus prepared and adopted at The Hague, January 2018, and filed with the Chamber of Commerce.
Final version May 1st 2019