General terms and conditions for bike rental and bike tours
Definition of terms
Bicycle: the (e-)bike and/or any other item that is comprised by the contract
Customer: the natural person or legal entity purchasing the bike rental and/or bike tour service from A-Bike
A-Bike: A-Bike BV, the company offering the bike rental and bike tour services according to these terms and conditions
Rider: the person actually riding the bicycle
Written: in writing or electronically
Article 1: applicability
These general terms and conditions apply to all contracts between A-Bike and customers for bike tours and/or bike rental, including accessories like helmets and child seats.
Article 2: offer and agreement
1. According to the wishes of the customer, A-Bike makes a written or oral offer. The offer contains (where applicable) the name of the service (bike rental or bike tour), rental period, and price. Furthermore, it states the opening hours and telephone number of the company, the manner of payment, and the type of insurance.
2. The contract is established when the customer accepts an offer from A-Bike.
3. A-Bike will retain ownership of rented bikes and accessories at all times.
Article 3: price and duration
1. The customer is not allowed to return a rented bicycle after the date and time stated in the contract. Bikes must be returned to the same branch and during the business hours of A-Bike (low season: 9.00am-18.00pm, high season 09:00am-21.00pm, always 7 days a week, for more information please check on www.a-bike.nl).
2. One day is considered to be 24 hours.
3. A-Bike is not obliged to give any refund for rented bikes that are returned before the end of the contractual period.
4. For each hour that the rental period is exceeded A-Bike is entitled to charge customers 20% of the daily rental price on top of the actual rental price, with a maximum charge of 5 hours for the first day. For each following day, a maximum of 150% of the rental price can be charged.
5. If the bicycle is not returned on time, A-Bike is entitled to take back the bicycle immediately.
Article 4: cancellations
1. When customer cancels a bike rental or bike tour:
a. Up until 7 days before the tour or start of the bike rental, 100% of the price will be refunded in the form of a coupon.
b. Between 7 and 4 day(s) in advance, 50% of the price will be refunded in the form of a coupon.
c. 4 days or less in advance, 100% of the price will be charged.
2. Regarding cancellations, 9am (local Amsterdam time) on the day of the tour or start of the bike rental will be taken as the countdown moment. For example, a cancellation on the 1st of the month at 9.05am for a bike rental on the 7th will be charged 100%; a cancellation at 8.55am on the 1st will be charged 50%, the remaining 50% will be refunded as a coupon.
3. Cancellations outside of business hours ((low season: 9.00am-18.00pm, high season 09:00am-21.00pm, always 7 days a week, for more information please check on www.a-bike.nl) can only be made via e-mail ([email protected]).
Article 5: payment and insurance
1. Payment for both the bike rental and the bike tours need to be done in advance.
2. A insurance is needed for each bike (except for bikes used on the tour). The insurance consists of:
a. A photocopy of a valid ID and €50 (to be paid in cash or with a debit/credit card) OR;
b. A photocopy of a valid ID and a photocopy of a valid credit card.
3. The insurance will be paid back in cash as soon as the bicycle is returned. In the event of damage for A-Bike, the amount charged for the damage will be subtracted from the insurance or, in case of a photocopy of a credit card, will be charged to the credit card.
Article 6: obligations for the customer
1. Customer must treat the bicycle well and in accordance with its actual purpose.
2. Customer must return the bicycle to A-Bike in its original condition. Any changes or additions by or on behalf of the customer must be undone.
3. By renting a bicycle or joining a bicycle tour, the customer declares to be:
a. In good physical condition, i.e. not suffering from any medical diseases or complaints that influence their riding ability.
b. Able to properly ride a bicycle.
4. A-Bike reserves the right to judge the capacities and abilities of a customer or rider prior to the use of a bicycle.
5. Both for bike rental and bike tours, the customer must obey all traffic laws and instructions from A-Bike staff.
6. The customer/rider must behave as a good renter/rider, which means he:
a. Is not permitted to sublet or sublease the bicycle.
b. Is not permitted to give the bicycle to a person other than the rider.
c. Is not permitted to take the bicycle outside of The Netherlands.
d. Is not permitted to ride on a city bike with more than 2 persons or on a tandem bike with more than 3 persons.
e. Must ensure that the person who is contractually indicated as the rider is legally permitted, and physically and mentally fit enough to ride a bicycle.
f. Must secure loads on the bicycle with due care.
g. Is not permitted to continue using the bicycle if it’s damaged, when its use can lead to aggravation of the damage or affects traffic safety.
Article 7: additional instructions for the customer
1. The customer must return the bicycle in a clean condition. Cleaning costs with a minimum of €10 may be charged.
2. Customers must bring a copy of the contract with them upon returning the bike.
3. Each bike is equipped with two locks. Customers must never leave the bicycle unattended unless properly locked. A-Bike staff will demonstrate correct use of the locks.
4. At the start of the rental or tour, the customer needs to check the bicycle and report any possible defects to A-Bike staff. When the defect(s) cannot be repaired instantly, the customer is permitted to have a replacement bike. As soon as the customer leaves the A-Bike shop, he accepts the condition of the bicycle.
5. In case any problems with the bicycle occur in Amsterdam, the customer needs to visit one of the two A-Bike shops in Amsterdam (Tesselschadestraat 1E or Rokin 105). A-bike does not reimburse any repairs performed by other companies. When the damage occurs outside of Amsterdam, A-Bike will only reimburse repairs performed by another company if:
a. The damage, kind of repair, and costs of the repair are discussed with, and approved by, A-Bike by telephone (+31(0)20 2100165) AND;
b. The customer bought the assurance service as stated in article 10.
6. In the event of injury to the customer and/or damage or loss of the bicycle, the customer is obligated to:
a. Inform A-Bike as soon as possible (by visiting the shop or by telephone: +31(0)20 2100165).
b. Follow instructions from A-Bike.
c. Provide all (requested) information and documents that relate to the event that caused the injury/damage.
d. Not leave the bicycle behind without properly securing it.
e. Report the event to the local police.
f. Submit a fully completed and signed claim form to A-Bike as soon as possible.
Article 8: obligations for A-Bike
1. Both for bike rental and bike tours, A-Bike provides a bicycle with the statutory and agreed features and accessories, which is clean, well maintained and in a technically good condition.
2. In case of damage to the bicycle prior to the rental, A-Bike will make a report of the damage in the presence of the customer.
3. A-Bike will inspect the bicycle for any damage immediately after it is returned.
Article 9: customer’s liability for damage
1. The customer is liable for any damage to A-Bike related to the bike rental or bike tour unless the damage is caused by a violation of the obligations stated in article 8.
2. The customer is liable for actions and omissions of the rider(s) and other users of the bicycle(s) comprised by the contract, even if they didn’t have the customer’s permission to use the bike.
3. The customer must respect all rules and regulations. The customer uses the bicycle on his own responsibility. If customer infringes any Dutch rules or regulations, A-Bike can by no means held liable.
4. In the event of loss, theft, or damage of the bicycle, A-Bike is entitled to charge a (maximum) compensation of:
€400 for a normal bicycle, €1500 for a special bicycle, €1400 for an e-bike, €3900 for a cargo bike and €1400 for the transport box of a cargo bike.
For damaged parts of a city bike, e-bike and tandem; saddle €18, lock €41, lights set €20, chain case €11, fork €34, luggage rack €17, bell €5, key for lock €15, gear changer €15, basket €13, stand €11, mudguard €11, entire back wheel €46, entire front wheel €38, tire damaged by skidding €20, gear system €150, e-bike battery €375, e-bike charger €350, and wheel with electrical engine €500.
Accessories; helmet €25, cable lock €40, ring lock €20.
Damaged parts of the cargo bike; saddle €39, front light €19, back light €9, steering wheel stem €75, bell €8, key for lock €15, stand €90, front mudguard €22, back mudguard €28, front wheel €200, back wheel €500, battery €800, charger €350, computer €109, gear lever €49, pedal €16, wheel clamp €30, brake lever €50, and disc brakes €30.
Prices for parts that are not mentioned are determined by the A-Bike staff. The hourly rate for repairs is €48.
Article 10: assurance
1. A-Bike offers an assurance service, which assures customers less financial risks in case of damage to, or theft of, the bicycle.
2. Assurance costs:
a. For normal bikes: 1-3 hours €2.50, 6 hours €3, 24 hours €3.50.
b. For special bikes (e-bike, cargo, tandem): 1-3 hours €5, 6 hours €6, 24 hours €7.
3. The assurance service covers theft and all sorts of damage of the bicycle.
4. An own-risk/deductible of €50 remains for the customer.
5. The amount due in case of damage is based on the costs of repairing the bicycle as stated in article 9.4.
6. In case of theft, the decreased financial risk only applies when the customer is able to hand over the keys of the bicycle to the A-Bike staff.
7. A-bike strongly recommends the assurance service.
Article 11: dissolution of the contract
1. A-Bike is entitled to terminate the contract and seize the bicycle if:
a. The customer does not obey one or more of his obligations, unless the omission does not justify dissolution.
b. The customer dies, is put under guardianship, applies for moratorium, is declared bankrupt, or is in a legal debt management regime.
2. If A-Bike is entitled to seize the bicycle(s), customer must offer full cooperation.
3. If the customer dies prior to the hire period, the contract is automatically dissolved.
4. A-Bike is not liable for any damage caused by dissolution of the contract.
Article 12: personal data
Personal data of the customer will be processed by A-Bike according to the Dutch Data Protection Act (‘Wet Bescherming Persoonsgegevens’). By processing these data A-Bike can carry out the contract, provide customer and/or rider with the best service and make personalized offers. The customer can request inspection or correction of his personal data and file objections. Objections by the customer regarding the processing of data for direct mailing will be honoured at all times.
Article 13: applicable law
The contract is governed by Dutch law.
A-Bike BV
Tesselschadestraat 1E, Rokin 105
Telephone: +31(0)20 2100165
E-mail: [email protected]
Website: www.a-bike.nl