The General Terms and Conditions

1. Definitions

In the below General Terms and Conditions, the stated terms will have the following meaning:

Subscription:

the agreement between Swapfiets and the Rental Customer for the use of the Bicycle by the Rental Customer, as well as any other agreement between Swapfiets and the Rental Customer;

General Terms and Conditions:

these general terms and conditions of Swapfiets that apply to any Subscription;

End Date:

the date on which the Subscription ends by means of cancellation by the Rental Customer as explained in Article 6.3;

Bicycle:

bicycle made available by Swapfiets to the Rental Customer under the Subscription for use by the Rental Customer in accordance with the General Terms and Conditions;

Rental Customer:

any natural person or legal entity who takes out a Subscription with Swapfiets;

Unjustified

has the meaning given to it in Article 5.4;

Swapfiets:

Swapfiets B.V., having its registered office in Amsterdam and its principal place of business at Amsteldijk 216, 1079 LK Amsterdam, Chamber of Commerce number 65958713;

Swapping:

allowed to have copies made of the key or to have more than one key in their possession, also on account of the risk of theft. A key that was previously reported lost that is recovered must immediately be returned to Swapfiets.


2. Applicability

2.1 These General Terms and Conditions apply to any Subscription between Swapfiets and the Rental Customer.
2.2 Arrangements between Swapfiets and the Rental Customer varying from or supplementary to these General Terms and Conditions will be valid only if they have been explicitly confirmed in writing via e-mail by a regional manager of Swapfiets.
2.3 All amounts stated by Swapfiets include VAT.

3. Subscription

3.1 The Rental Customer will have a Bicycle at their disposal for the term of the Subscription.
3.2 The Bicycle comes with a ring lock and a chain lock with one key.
3.3 Under the Subscription, the Rental Customer is entitled to free Swapping (please refer to Article 5 for more details). This is understood to mean:

  • free of charge repairing of defects to the Bicycle caused by wear and tear and normal use of the Bicycle. Examples of such defects include a flat tyre, a broken chain or chain guard, a torn saddle and broken lighting;
  • if necessary, free of charge exchanging of the Bicycle within the limits of the city where Swapfiets operates.


3.4 Swapfiets always has a spare key to the Bicycle. If the Rental Customer loses a key, they must request a new key from Swapfiets. The costs involved amount to EUR 15 per key.
3.5 The Rental Customer will not be allowed to have copies made of the key or to have more than one key in their possession, also on account of the risk of theft. A key that was previously reported lost that is recovered must immediately be returned to Swapfiets.
3.6 The Bicycle may contain advertisements. The Rental Customer must immediately contact Swapfiets if the advertisement has been damaged or if an advertisement completely disappears from the Bicycle.

4. Conditions

4.1 The Rental Customer makes normal use of the Bicycle and takes due care of the Bicycle. 4.2 The Bicycle is intended exclusively for personal use by the Rental Customer. 4.3 The Rental Customer must have a SEPA bank account number. 4.4 The Bicycle will at all times remain the property of Swapfiets. The Rental Customer will not be allowed to create or grant any security interest or other right in respect of the Bicycle for a third party’s benefit. 4.5 The Rental Customer will be personally liable for compliance with the General Terms and Conditions. 4.6 The Rental Customer will be responsible for passing on changes to the data known to Swapfiets, such as a new address, in good time. 4.7 The Rental Customer may not make any changes to the Bicycle that cannot be removed without damaging the Bicycle. 4.8 The Rental Customer is aware that the Bicycle could be owned by a leasing company. If the Bicycle is owned by a leasing company, the Rental Customer will be obliged, on the leasing company’s demand, to either hand in the Bicycle to the leasing company or to be discharged from their obligations by paying the leasing company the future rent.

5. Swapping

5.1 Swapfiets aims to Swap a Bicycle within a day after the Rental Customer has contacted Swapfiets by telephone, via e-mail or WhatsApp. Swapping takes place by appointment with the Rental Customer. 5.2 If this target time is not achieved, the Rental Customer cannot claim any compensation or payment. 5.3 Swapping will only take place in case of a defect, loss or theft of the Bicycle, and only within the city limits in which Swapfiets is active. 5.4 If the Rental Customer unjustly requests a Swap (an ‘Unjustified Swap’), Swapfiets will be entitled to charge EUR 20 in call-out charges. If the Rental Customer fails to appear at an appointment that was made for Swapping, this will also be regarded as an Unjustified Swap. 5.5 When Swapfiets exchanges a Bicycle, the Rental Customer will transfer the Bicycle to Swapfiets including the corresponding key.

6. Term of the Subscription and cancellation

6.1 The Subscription will be taken out for a period of one month. After this period has ended, the Subscription will each time be extended automatically for a period of one month. 6.2 The costs of the Subscription for the first month will be calculated pro rata the number of days remaining in the relevant month on the basis of the monthly rate. 6.3 The cancellation period of the Subscription is one month. From the day that the written cancellation of the Subscription by the Rental Customer has been received by Swapfiets via e-mail, the Subscription will continue for one more month, which means that the Subscription ends one month after the day on which Swapfiets has received the cancellation (the ‘End Date’). 6.4 After cancelling the Subscription, the Rental Customer will be entitled to use the Bicycle and will be obliged to pay the costs of the Subscription until the End Date. 6.5 The Rental Customer must hand in the Bicycle and the key to Swapfiets on the End Date at the latest. 6.6 If the Rental Customer hands in the Bicycle before the End Date, this will end all rights of the Rental Customer under the Subscription, without prejudice to the Rental Customer’s obligation to pay the full Subscription costs until the End Date. 6.7 Before the Bicycle has been handed in to Swapfiets, the Rental Customer may reverse the cancellation at any time and reactivate the Subscription by sending an e-mail to Swapfiets. 6.8 In the event that the Rental Customer would like to take out a new Subscription within three months after the End Date of the Subscription, they will owe an amount of EUR 40 in start-up costs for this. 6.9 If the Bicycle has not been transferred to Swapfiets by the Rental Customer on the End Date at the latest, the Rental Customer will owe a penalty of EUR 5 for each day until the Bicycle has as yet been transferred to Swapfiets or the Subscription has been reactivated, this subject to a maximum of seven days. 6.10 If the Bicycle has not been transferred to Swapfiets within seven days of the End Date and the Subscription has not been reactivated, Swapfiets will report a theft by the Rental Customer. In that case, the Rental Customer will also be obliged to compensate Swapfiets for the loss suffered, which will be established for each type of Subscription and can be found in Table 1, without prejudice of the right of Swapfiets to request full compensation of the loss suffered by it, to the extent that it exceeds the sum of the established compensation, depending on the type of Subscription.

Type of Subscription Established compensation
Original Subscription EUR 350
Deluxe Subscription EUR 450


Table 1: Amount of compensation for each type of Subscription

7. Theft or loss

7.1 In the event of the loss or theft of the Bicycle, the Rental Customer will be obliged to report this to Swapfiets within 24 hours, to hand over to Swapfiets the key to the Bicycle, and to report this loss or theft to the police together with an employee of Swapfiets. In that event, the Rental Customer will owe an excess, which is different for each type of Subscription. The applicable excess for each type of Subscription is included in Table 2. After the report has been completed, the Rental Customer will receive a replacement Bicycle from Swapfiets.

Type of Subscription Established excess
Original Subscription EUR 40
Deluxe Subscription EUR 60


Table 2: Amount of excess for each type of Subscription  

7.2 If the Rental Customer does not, or not in good time, report a loss or theft of the Bicycle, or if the Rental Customer cannot hand over the Bicycle key to Swapfiets, the Rental Customer will owe Swapfiets the compensation established in Table 1. 7.3 In order to prevent incidents such as loss, theft and damage, the Bicycle must always be double locked with the provided ring lock and chain lock. Where possible, the Bicycle must be secured to an object using the chain lock. 7.4 If the Bicycle is not double locked/secured and an incident occurs, including vandalism, loss or theft, the Rental Customer will owe a negligence surcharge. This sum will be in addition to the excess and can be found in Table 3, depending on the type of Subscription.

Type of Subscription Established negligence surcharge
Original Subscription EUR 60
Deluxe Subscription EUR 90


Table 3: Amount of negligence surcharge for each type of Subscription

7.5 If a missing or stolen Bicycle is recovered within the term of the Subscription, the Rental Customer will be credited no more than the excess paid. Swapfiets will determine this amount on the basis of the condition of the Bicycle and any other costs. 7.6 If it turns out that the Rental Customer has provided incorrect information that disadvantages Swapfiets, Swapfiets will be entitled to add an unfairness surcharge of EUR 100. This amount will be in addition to the excess and any negligence surcharge. 7.7 If parts of the Bicycle are missing or stolen, Swapfiets will be entitled to charge this to the Rental Customer up to the amount of the excess at most. A price list of the parts of each type of Bicycle and Subscription may be requested from Swapfiets. 7.8 If the Bicycle has been removed by the municipality, the Rental Customer will have a minimum of three days to collect the Bicycle from the municipal bicycle depot. Any costs for obtaining the Bicycle or other costs will be payable by the Rental Customer. If the Bicycle is removed by the municipality, this will be regarded as an Unjustified Swap. After the Bicycle has been available at the depot for a minimum of three days, Swapfiets will collect the Bicycle and will contact the Rental Customer to deliver a new Bicycle. Swapfiets will be entitled to charge costs for this to the Rental Customer, such as any costs for obtaining the Bicycle and the costs of an Unjustified Swap.

8. Damage

8.1 The Rental Customer will report damage to the Bicycle caused by vandalism to Swapfiets within 24 hours. 8.2 In the event of damage and wear and tear to the Bicycle other than what can be expected from normal use, such at the discretion of Swapfiets, Swapfiets reserves the right to recover the associated costs from the Rental Customer. 8.3 If there is any damage caused by the contributory fault or fault of a third party, the Rental Customer will be obliged to submit to Swapfiets the contact details of this third party as well as a sketch of the scene signed for approval by both parties. An accident report form is available on www.swapfiets.nl/europeanclaimform. If the contact details of the third party are not submitted, the damage will be charged to the Rental Customer.

9. Payments

9.1 When taking out a Subscription, the Rental Customer will also be obliged to give a direct debit mandate to have the monthly Subscription costs and other costs owed debited to the stated bank account number. 9.2 In the event of additional costs charged, such as the excess and surcharges, Swapfiets will be entitled to first require payment thereof before providing a new Bicycle to the Rental Customer. If the Rental Customer indicates that they are able to pay the outstanding amount and this turns out not to be the case, this constitutes an Unjustified Swap, and costs may be charged for this. 9.3 If Subscription costs or other costs cannot be debited or are wrongly reversed, the Rental Customer will be in default by operation of law. In that case, the Rental Customer will receive a demand to pay the amount due within fourteen days. Swapfiets may engage a collection agency if the amount due has not been paid within the period of fourteen days. All additional administrative costs and extrajudicial collection costs will be payable by the Rental Customer.

10. Handing in an old bicycle

10.1 Upon the start of the Subscription, the Rental Customer may hand in their old bicycle in exchange for compensation in the form of a discount on the Subscription. 10.2 The discount will be determined for each individual bicycle and has to be approved by both the Rental Customer and Swapfiets. Swapfiets will not take possession of the bicycle if the Rental Customer and Swapfiets cannot agree on the amount of the compensation. 10.3 If a Rental Customer deliberately wants to hand in a bicycle that the Rental Customer does not own, the Subscription will be terminated immediately and the police will be notified.

11. Liability

11.1 If the Rental Customer puts a Bicycle into use, this will be construed as evidence that it functions properly and does not show any defects. 11.2 If the Rental Customer doubts the safety of the Bicycle, they must immediately contact Swapfiets. 11.3 The Rental Customer uses the Bicycle at their own risk. 11.4 Swapfiets will not be liable for any damage or harm suffered by the Rental Customer as a result of using the Bicycle, save in the case of wilful conduct or gross negligence on the part of Swapfiets. 11.5 The Rental Customer will be responsible for communicating any defects and/or damage to the Bicycle in good time.

12. Change

12.1 Swapfiets reserves the right to change the costs of a Subscription. Changes will be communicated to the Rental Customer via e-mail at least two months before the effective date. 12.2 Changes in the General Terms and Conditions will be communicated at least one month before the effective date by means of an announcement on the website www.swapfiets.nl and an e-mail to the Rental Customer. 12.3 Swapfiets will at all times be entitled to transfer its claims against the Rental Customer, of any nature whatsoever, to third parties. 12.4. The Rental Customer may change the Subscription into a more expensive Subscription free of charge, in which case Swapfiets will make an appointment and arrange the exchanging of the Bicycle for a Bicycle that is in line with the new Subscription. If the Rental Customer wishes to downgrade their Subscription within six months of commencement of a Subscription, Swapfiets will be entitled to charge the costs of an Unjustified Swap for this.

13. Failure to fulfil obligations

13.1 Swapfiets will be entitled to terminate the Subscription with immediate effect, either wholly or partially, or to cancel the Subscription by means of a written notice to the Rental Customer if:

  • the Rental Customer fails to fulfil their obligations under the Subscription;
  • the Rental Customer applies for a provisional or definitive suspension of payments or is granted a provisional or definitive suspension of payments;
  • bankruptcy or a winding-up petition is filed for in respect of the Rental Customer or if they are put into bankruptcy or liquidation;
  • the Rental Customer is placed under guardianship or is allowed to participate in the debt restructuring scheme for natural persons;
  • the Bicycle or other goods of the Rental Customer are attached, and this negatively influences the fulfilment of their obligations under the Subscription;
  • the Rental Customer, in the opinion of Swapfiets, abuses the service offered by Swapfiets;
  • the Rental Customer deliberately provides incorrect information to Swapfiets, or
  • the Rental Customer otherwise should no longer be deemed able to fulfil the obligations under the Subscription.

13.2 The Rental Customer has the right to immediately terminate the Subscription if Swapfiets has repeatedly and/or seriously failed to fulfil its obligations described in the General Terms and Conditions.

14. Privacy

14.1 Swapfiets considers the protection of your personal data to be important. How we protect your personal data is explained in our Privacy Statement. This can be consulted at www.swapfiets.nl/privacy. Questions or remarks in this regard may be addressed to privacy@swapfiets.nl.

15. Applicable law. Disputes

15.1 Dutch law applies exclusively to the Subscription and the General Terms and Conditions. 15.2 All disputes arising from or connected with the Subscription will only be submitted to the competent court of Amsterdam.  


www.swapfiets.nl | Version 5.0 | 24-07-2018