The General Terms and Conditions

1. Definitions

The General Terms and Conditions feature the following defined terms:

Subscription:

the agreement between Swapfiets and the Renter concerning the use of the Bicycle by the Renter as well as any other agreement between Swapfiets and the Renter;

General Terms and Conditions:

these General Terms and Conditions of Swapfiets apply to every subscription;

End Date:

the date on which the Subscription ends due to termination by the Renter as explained in Article 6.3;

Bicycle:

the Bicycle made available to the Renter by Swapfiets based on the Subscription for use by the Renter in accordance with the General Terms and Conditions;

Renter:

any natural or legal person who concludes a Subscription with Swapfiets;

Improper Swap:

has the definition as explained in Article 5.4;

Swapfiets:

Swapfiets B.V., based in Amsterdam, office at the Amsteldijk 216 (1079 LK), KvK-number 65958713;

Swapping:

the solution provided by Swapfiets for the Renter concerning the Bicycle, by either repairing or exchanging it for another Bicycle.

 

2. Applicability

2.1 The Dutch version of the Terms and Conditions Swapfiets remains leading at all time, this translation is only provided for communication.
2.2 These Terms and Conditions apply to every Agreement between Swapfiets and a Renter.
2.3 Agreements between Swapfiets and Renter in deviation from, or in addition to, these Terms and Conditions are valid only if explicitly confirmed by a Regional Manager from Swapfiets via e-mail.
2.4 All amounts mentioned by Swapfiets include VAT.

3. Subscription

3.1 For the duration of the Subscription the Renter will have a Bicycle.
3.2 The Bicycle comes with a ring- and chain-lock, with 1 key.
3.3 The Subscription entitles Renter to free Swapping (see Article 5) Hereinafter is meant:

  • The free repair of defects on the Bicycle due to wear and tear caused by normal use of the Bicycle. Examples include such defects as: Flat tires, a broken chain, a torn saddle, and broken lighting
  • The free Bicycle Swapping is limited to the city limits in which Swapfiets is Active

3.4 Swapfiets always has a spare key of the Bicycle. When the Renter loses a key a new key has to be requested from Swapfiets. Delivery of a new key incurs costs of EUR 15,00 per key.
3.5 Due to the risk of theft, the Renter is forbidden from making copies of the key and from having more than one key in possession. A key that was given as missing must be returned to Swapfiets immediately upon recovery.
3.6 The Bicycle can feature advertisements. If the advertisement is damaged, or not present anymore, the Renter should notify Swapfiets immediately.

 

4. Terms and Conditions

4.1 The renter shall ensure that all reasonable care is taken when using the Bicycle.
4.2 The Bicycle is intended only for personal use by the Renter.
4.3 The Renter must be in possession of a SEPA-bank account number.
4.4 The Bicycle remains the possession of Swapfiets at all times. The Renter is prohibited from assuring a third party any rights to the Bicycle.
4.5 The Renter is responsible for compliance with the Terms and Conditions.
4.6 The Renter may not make any changes to the Bicycle that cannot be removed without damaging the Bicycle.
4.7 The Renter is aware that the Bicycle could be owned by a leasing company. If the Bicycle is owned by a leasing company, the Renter 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 strives to Swap a Bicycle within 12 hours from the Renter contacting Swapfiets via either phone, e-mail, or Whatsapp. Swapping takes place by appointment with the Renter.
5.2 If the Swap takes place outside of the 12-hour time period the Renter cannot claim any compensation.
5.3 Swapping takes place only in case of a defect, loss, or theft of the Bicycle and only within the city limits in which Swapfiets is active.
5.4 When the Renter requests a Swap on unaccepted grounds (an ‘Improper Swap’) Swapfiets has the right to charge EUR 20,00 front fee. When the Renter fails to appear at a scheduled Swap this will also be considered an Improper Swap.
5.5 When Swapping a Bicycle the Renter transfers both the Bicycle and key to Swapfiets.

 

6.  Subscription Term and Termination

6.1 The Subscription has a runtime of one month. After this term the Subscription is tacitly extended for a period of one month.
6.2 The Subscription cost for the first month will be determined on a pro rata basis of the remaining number of days in the month.
6.3 The termination period is one month. From the day the Renter’s termination has been received by Swapfiets the Subscription runs for one month. The End Date will be one month after Termination notice.
6.4 The Renter has the right to use the Bicycle until the End Date of the Subscription after Termination Notice. The Renter has the obligation to meet the costs of Subscription until the End Date.
6.5 The Bicycle and key are to be submitted to Swapfiets no later than the End Date.
6.6 If the Renter hands in the Bicycle before the End Date, this will end all rights of the Renter under the Subscription, without prejudice to the Renter’s obligation to pay the full Subscription costs until the End Date.
6.7 Prior to returning the Bicycle on the End Date the Renter can cancel the termination by sending an e-mail to Swapfiets.
6.8 If the Renter wishes to enter another Subscription within three months of termination a start up cost of EUR 40,00 is applicable.
6.9 When the Bicycle is not returned on or before the End Date a EUR 5,00 daily fine is applicable for every day from the End Date until return of the Bicycle, with 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 Renter. In that case, the Renter 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 sustained 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 missing

7.1 In the event of the loss or theft of the Bicycle, the Renter 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 Renter will owe a deductible, which is different for each type of Subscription. The applicable deductible for each type of Subscription is included in Table 2. After the report has been completed, the Renter will receive a replacement Bicycle from Swapfiets.

Type of Subscription Established deductible
Original Subscription EUR 40,-
Deluxe Subscription EUR 60,-

 

 

 

Table 2: Amount of deductible for each type of Subscription

7.2 If the Renter does not, or not in good time, report a loss or theft of the Bicycle, or if the Renter cannot hand over the Bicycle key to Swapfiets, the Renter will owe Swapfiets the compensation established in Table 1.
7.3 To minimize cases of theft, loss, or damage the Bicycle should always be double locked using ring- and chain-lock. Wherever possible the Bicycle should be attached to an object with the chain-lock.
7.4 If the Bicycle is not double locked/secured and an incident occurs, including vandalism, loss or theft, the Renter will owe a negligence surcharge. This sum will be in addition to the deductible and can be found in Table 3, depending on the type of Subscription.

Type of Subscription Established Compensation
Original Subscription EUR 350,-
Deluxe Subscription EUR 450,-

 

 

 

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

7.5 When a stolen Bicycle is retrieved within the within the term of the Subscription the Renter will be, at a maximum, be credited with the paid deductible. Swapfiets determines this amount based on the state of the Bicycle and other eventual costs.
7.6 If the Renter is deemed to not have supplied Swapfiets with correct information concerning the Bicycle a disinformation charge of EUR 100,00 will be applicable, not including possible deductible and negligence charges.
7.7 When parts of the Bicycle are missing or stolen Swapfiets has the right to charge the Renter to a maximum of the deductible price. A specified item list is available at request from Swapfiets.
7.8 If the Bicycle has been removed by the municipality, the Renter 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 Renter. If the Bicycle is removed by the municipality, this will be regarded as an Improper 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 Renter to deliver a new Bicycle. Swapfiets will be entitled to charge costs for this to the Renter, such as any costs for obtaining the Bicycle and the costs of an Improper Swap.

8.  Damage

8.1 The Renter must report damage to the Bicycle as a result of vandalism to Swapfiets within 24 hours.
8.2 In the event of damage or wear and tear to the Bicycle other than what is to be expected from normal use Swapfiets reserves the right to recover the costs from the Renter.
8.3 In case of damage caused by a third party, or third party liability, the Renter is obliged to supply Swapfiets with the contact information of the third party and a situation description agreed on by both parties. An accident form can be found on www.swapfiets.nl/europeanclaimform. If no contact information is supplied all costs shall be charged to the Renter.

9.  Payments

9.1 The Renter is obliged to authorize a direct debit for the monthly subscription costs and any other eventual charges at the start of the Subscription.
9.2 In case of extra charges, such as deductibles or fees, Swapfiets reserves the right to demand payment before supplying the Renter with a new Bicycle. When the Renter states that the outstanding amount can be met and this turns out not to be the case the situation is an Improper Swap and the Renter may be charged.
9.3 When the Subscription costs cannot be written off or are wrongfully cancelled, the Renter is legally in default. The Renter will receive notice to fulfill the due amount within fourteen days. If the amount is not fulfilled within fourteen days, Swapfiets has the right to activate a collection agency. All extra costs and extrajudicial costs are at the expense of the Renter.

10. Trading in old Bicycle

10.1 It is possible for the Renter to trade in an old bicycle at the start of the Subscription for compensation in the form of a discount on the Subscription.
10.2 The discount is determined per bicycle, and must be agreed upon by the Renter and Swapfiets. If the Renter and Swapfiets cannot agree upon a discount then the bicycle will not be taken in for trade by Swapfiets.
10.3 If the Renter deliberately intends to trade in a bicycle that is not the possession of the Renter than the Subscription will be immediately terminated and the authorities will be notified.

11. Liability

11.1 If the Renter commences with use of a Bicycle this will be regarded as proof that the Bicycle is functioning properly.
11.2 In case of doubts on the Renter’s part concerning the safety of the Bicycle, the Renter should contact Swapfiets immediately.
11.3 The use of the Bicycle is at the own risk of the Renter
11.4 Swapfiets is not liable for any damage suffered by the Renter as a result of using the Bicycle, unless there is intentional or gross negligence on Swapfiets’s part.
11.5 The Renter is responsible for the timely notification of any defects and/or damage to the Bicycle.

12. Amendments

12.1 Swapfiets reserves the right to change the costs of a Subscription. Changes will be communicated to the Renter via e-mail at least two months before the effective date.
12.2 Changes to the Terms and Conditions will be made known at least one month before becoming applicable, by a notification on www.swapfiets.nl and via an e-mail to the Renter.
12.3 Swapfiets reserves its right to transfer its claims on the Renter to a third party at all times.
12.4 The Renter 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 Renter wishes to downgrade their Subscription within six months of commencement of a Subscription, Swapfiets will be entitled to charge the costs of an Improper Swap for this.

13. Non-compliance with obligations

13.1 Swapfiets reserves the right to terminate (completely or partially) the Subscription via a written notification to the Renter in case of:

  • The Renter is in default concerning obligations rendered in the Subscription;
  • The Renter has requested or is granted insolvency;
  • The Renter has requested or is declared bankrupt;
  • The Renter enters a debt relief programme;
  • Seizure of the Bicycle or other items which prevent the Renter from fulfilling his obligations from the subscription;
  • The Renter is, in the opinion of Swapfiets, misusing the offered services;
  • The Renter willfully provides Swapfiets with incorrect information;
  • The Renter is, in any other way, not able to fulfill its obligations from the Subscription.

13.2 The Renter has the right to terminate the Subscription immediately in case Swapfiets has repeatedly and/or seriously failed to fulfill its obligations from the Terms and Conditions.

14. Digital data and en privacy

14.1 When starting a Subscription the Renters information is incorporated in a file. This file is used for the following purposes:

  • For the performance of our services (such as delivering products);
  • For the marketing and sales activities (such as supplying possible information about, other, products and services);
  • For market research;
  • For both statistical analysis and company analysis. 

14.2 Swapfiets does not provide third parties with information, except in the situation where this is necessary for the performance of our services. In such cases, permission for the use of information is restriced to the specified purpose.
14.3 The party responsible for the data processing is Swapfiets B.V., Amsteldijk 216, 1079 LK, Amsterdam. The Renter can at all times and at no cost request insight in and changes to this information. The Renter can also, at all times, object to receiving information from Swapfiets via e-mail, phone, mail, and/or Whatsapp.
14.4 The Renter will be responsible for passing on changes to the details known to Swapfiets, such as a new address, in good time.

15. Applicable law. Disputes

15.1 The Subscription and the Terms and Conditions are exclusively applicable under Dutch law.
15.2 All disputes arising from, or related to, the Subscription will be exclusively submitted to the authorized court in The Hague.

Version: 4.0
Date: 18-05-2018