In these General Terms and Conditions, the following terms are defined as follows:

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2. 1. Dutch Bicycle Rental B.V. located at Savannahweg 63, 3542AW Utrecht;
   2. Renter: the natural or legal person who enters into a rental agreement with CycleShare;
   3. Renter: the natural or legal person who enters into a rental agreement with CycleShare; 
   4. Rental Agreement: the agreement between CycleShare and the renter under which CycleShare rents Bicycles and accessories to the renter;
   5. General Terms and Conditions: these general terms and conditions;
   6. Bicycles: all bicycles offered for rent by CycleShare, explicitly including E-scooters and various types of bicycles;
   7. Accessories: items offered for rent by CycleShare that can be mounted on or are part of the bicycle, including but not limited to locks and keys, child seats, bike trailers, panniers, navigation systems, and map holders;
   8. Rental Location: the place where the bicycles and accessories offered for rent by CycleShare are issued and returned;
   9. Damage: the financial loss suffered by CycleShare as a result of: Damage or loss, including but not limited to a condition of a Bicycle or parts thereof and/or accessories that is inconsistent with normal wear and tear or the disappearance of a bicycle and/or accessories (such as, but not limited to, the (contact) key, alarm system, and documentation such as registration papers or parts thereof). This damage includes, among other things, the costs of replacing (parts of) the bicycle and the loss of rental income;
   10. Liability: damage caused by or through the Bicycle to persons or property, for which CycleShare, the registered owner (in the case of an E-scooter), or the liability insurer of the bicycle is liable to third parties;
   11. Driver: the actual user of the Bicycle;
   12. Rental Fee: the total amount to be paid by the renter;
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The General Terms and Conditions apply to every offer relating to and every rental agreement between CycleShare and the renter, unless expressly deviated from in writing.

1. 1. Rental Agreement: A rental agreement is only concluded once the renter has taken possession of the bicycle and/or accessories.
   2. Liability: The renter is jointly and severally liable towards CycleShare for fulfilling all obligations under the rental agreement, including when the bicycle and/or accessories are used by third parties.

1. 1. Commencement of Agreement: The rental agreement commences at the moment the renter takes possession of the bicycle(s) and accessories, and is entered into for the duration specified in the rental agreement.
   2. Return of Bicycle: The renter is obliged to return the bicycle(s) and accessories — which remain the property of CycleShare at all times — no later than the time specified in the rental agreement, either at the rental location or at another location previously agreed upon in writing.
   3. Extension of Agreement: The duration of the rental agreement may only be extended with the prior written consent of the rental location.
   4. Return Due to Defect: If the bicycle(s) and accessories exhibit a defect not attributable to the renter that prevents normal use, the renter is allowed to return the items within 15 minutes after the start of the rental agreement at the rental location. In that case, the agreement is terminated, and the renter is entitled to a refund of the paid rental fee.
   5. Early Return: If the bicycle(s) and accessories are returned early at the rental location for reasons other than described in the previous clause, the rental agreement is terminated without any right to a reduction or refund of (part of) the rental fee.

Without prejudice to the provisions below, the renter must handle the bicycle(s) with due care and ensure that the bicycle(s) are used in accordance with their intended purpose.

1. Prohibited Locations: The renter is prohibited from using the bicycle(s) on circuits or terrains for which the bicycle(s) are not suitable, or on terrains where the renter or driver has been informed that entry is at their own risk. Bicycles and accessories may under no circumstances be used in dunes or on the beach.
2. Traffic Rules: The renter is obligated to comply with all applicable traffic laws and regulations.
3. Return Location: The renter must return the bicycle(s) to the rental location in their original condition.
4. Securing Cargo: The renter is obligated to securely fasten the load carried on the bicycle(s).
5. Authorized Drivers: Only individuals listed as drivers in the rental agreement are permitted to operate the E-scooter. The renter is not allowed to make the bicycle(s) available to anyone not listed as a driver in the agreement. The renter must ensure that no person designated as a driver operates the E-scooter if that person is unauthorized or clearly mentally or physically unfit to do so.
6. Driver's License: In the case of an E-scooter, all persons designated as drivers in the rental agreement must hold a valid driver’s license.
7. Subleasing: The renter is not permitted to sublet the bicycle(s).
8. Commercial Use: The renter is not allowed to use the bicycle(s) for driving lessons, transporting passengers for payment, or to participate in races, speed tests, skill trials, or reliability tests.
9. International Use: The renter is not allowed to take license plate–required bicycles beyond the borders of the Netherlands.
10. Safety: If there is any visible or known damage or defect to the bicycle(s), the renter is not allowed to use the bicycle(s) if doing so could worsen the damage or impair traffic safety.
11. Informing Users: The renter is required to communicate the obligations and prohibitions of this article to the driver, passenger, and other users of the bicycle(s), and to ensure their compliance.
12. Keys & Documents: The renter must handle the keys and any accompanying documents (such as the registration certificate) of the bicycle(s) with care.

1. Tire Pressure: The renter must ensure that tire pressure is maintained at the appropriate level.
2. Return Condition: The renter is required to return the bicycle(s) in a clean condition.
3. Defects & Damage: In the event of noticeable or known defects, damage to or caused by the bicycle, or the loss of the bicycle(s), the renter is obliged to:

• • Report it as soon as possible;
  • Follow CycleShare's instructions;
  • Provide all relevant information and documentation regarding the incident, whether requested or not, to CycleShare or its insurer;
  • Not leave the bicycle(s) unattended without adequately securing them against damage or theft;
  • Fully cooperate with persons designated by CycleShare in seeking compensation from third parties or defending against claims. If no report is made, the renter is deemed to have received the bicycle(s) in good condition.
  
  4. Accidents, Theft & Damage: In the event of an accident, damage, or loss, the renter is also obliged to:

• File a report with the local police;
• Submit a fully completed and signed damage report form to the rental location as soon as possible;
• Refrain from admitting fault in any form.

5. Rules for Other Users: The renter must communicate the obligations and prohibitions of this article to the driver, passengers, and other users of the bicycle(s), and ensure their compliance.
6. Duty to Report: The renter must inform CycleShare as soon as possible about:

• Malfunction of the odometer, as soon as the renter may reasonably suspect such malfunction;
• Any incident that causes or could reasonably cause damage to, with, or by the bicycle(s);
• Any defects in the bicycle(s);
• The loss of or loss of control over the bicycle(s), their parts, or accessories;
• Seizure of the bicycle(s);
• Any other circumstances that CycleShare should reasonably be informed of.
7. Identification: If CycleShare is required to provide authorities with information about the identity of the person who operated or used the bicycle(s) at any given time, the renter must respond to CycleShare’s related inquiries as soon as possible.
8. Inspection Upon Receipt: Upon taking possession, the renter must carry out a basic inspection of the bicycles and accessories and report any defects to the rental location. If no report is made, the renter is deemed to have received the bicycles and accessories in good condition.
9. Transporting Others: The renter may not transport anyone on the bicycle(s) other than the driver, except when using accessories specifically designed for that purpose.
10. Precautionary Measures: The renter must take all possible precautions to prevent damage, loss, and/or theft of the bicycles and accessories. When parking, the renter must always lock the bicycles and accessories using the locks provided or intended for that purpose. The renter must also remove and carry any detachable and theft-sensitive accessories.
11. Modifying Bicycles: The renter may not make any changes to the bicycles or accessories.

1. Condition of Bicycles: CycleShare provides the renter with bicycles and accessories that are in good and safe condition, meet legal requirements, and are equipped with the necessary means for the renter to protect them against theft.
2. Third Parties: If and to the extent that CycleShare engages a third party for the rental of bicycles and accessories, CycleShare will enable that third party to fulfill CycleShare's obligations under the rental agreement.
3. Required Documents: In the case of an E-scooter, CycleShare will provide the renter with the required documents prior to the rental period.
4. Instructions: CycleShare will ensure that a Dutch-language instruction manual is provided with any E-scooter.
5. Tire Pressure: CycleShare will indicate the proper tire pressure level.
6. Breakdowns: In the event of a breakdown, the renter must contact CycleShare to discuss how the issue can be resolved.

1. Rental Fee & Security Deposit: The renter is required to pay the rental fee and a security deposit, as stated in the rental agreement, prior to using the bicycles and accessories.
2. Exceeding the Rental Period: If the renter exceeds the agreed rental period by more than 30 minutes without written permission from CycleShare, they will owe the rental fee for the exceeded period, increased by a penalty of €25 per day for each day the bicycle(s) are returned late (with a partial day counting as a full day), without prejudice to CycleShare’s right to full compensation for damages. The renter must pay the total amount due when returning the bicycles and accessories to the rental location.
3. Force Majeure: The provisions of paragraph 2 of this article do not apply if the renter informs CycleShare or the rental location before the end of the rental agreement that a force majeure situation prevents timely return, and CycleShare or the rental location agrees to a later return.
4. Failure to Return Bicycles: If the renter does not return the bicycles and accessories on the agreed end date, they must pay the replacement value of the item(s) to CycleShare within three days. Until this amount is paid, the renter continues to owe rent and penalties. If the renter returns the items within three months of the agreed end date, the replacement value paid will be deducted from the total amount owed. Payment of the replacement value does not transfer ownership to the renter; CycleShare remains the owner of all bicycles and accessories at all times.
5. Refund of Security Deposit: If applicable, the security deposit will be refunded after deduction of any outstanding costs once the bicycle has been returned, unless there is damage to the bicycle. In the event of damage, the security deposit will only be refunded to the extent that it exceeds the amount for which the renter is liable. This refund will be made once it is sufficiently clear that such an excess exists. If the damage was caused by third parties and CycleShare has recovered the full damage from those third parties, the deposit will be refunded within 14 days after recovery. CycleShare will make reasonable efforts to recover such damage as quickly as possible and will keep the renter informed of any developments.
6. Operating Costs: During the rental period, any costs related to the use of the bicycle are the responsibility of the renter.
7. Other Costs: Costs that do not arise from the rental agreement cannot be charged to the renter.
8. Defects Upon Receipt: If the bicycle and/or accessories have a defect not attributable to the renter that prevents normal use, the renter may return the item(s) within 30 minutes after the start of the rental at the rental location. The rental agreement will then be dissolved, and the renter will be entitled to a refund of the paid rental fee.

1. 1. Liability for Damage: CycleShare is not liable for any damage, direct or indirect, of any kind to the renter or third parties, regardless of how it arose and by whom it was caused, except insofar as the damage is the direct result of a manufacturing defect or attributable negligence by CycleShare. In such cases, CycleShare’s liability is limited to compensation up to the amount paid out by its insurer. CycleShare strongly recommends the use of helmets.
   2. Duty to Report: The renter must report any damage, loss, or theft of the bicycles and accessories, the bicycle key, or the battery as soon as reasonably possible to an employee of the rental location and/or to CycleShare via the email address and/or phone number listed on the rental agreement.
   3. Damage by Third Parties: The renter is liable to CycleShare for all damage caused to the bicycles and accessories during the rental period, regardless of who caused it or how. The renter is also liable for damage resulting from loss and/or theft of the bicycles and accessories. The renter is required to fully compensate CycleShare for damages, including the actual costs of repairs and/or replacement of the bicycles and accessories, as well as any loss of rental income. The renter is not liable for replacement costs if the bicycles and accessories were locked with the mounted or designated locks and the renter has provided the keys along with the police report to CycleShare or the rental location.
   4. Damage During Rental Period: If damage occurs during the rental period, the renter must return the (damaged) bicycles and accessories to the rental location unless other arrangements have been made with CycleShare or the rental location after reporting the damage.
   5. Payment of Damage Compensation: Any compensation for damages must be paid by the renter at the agreed return date at the rental location. CycleShare reserves the right to charge additional amounts if the compensation paid is insufficient.
   6. Repairs to Bicycle: The renter is not allowed to perform or have repairs carried out on the bicycles and accessories unless CycleShare has expressly granted permission. CycleShare will only grant such permission if it is necessarily required, considering the nature of the defect and the circumstances.
   7. Self-Repair: The renter is allowed, at their own expense and risk, to repair or replace flat tires, lights, and batteries of the bicycle lighting without prior permission from CycleShare. CycleShare is not obliged to reimburse these costs. These items become the property of CycleShare.

1. Repairing Defects: CycleShare is obliged, at the request of the rental location, to repair defects unless this is impossible or requires expenses that, under the given circumstances, cannot reasonably be demanded of CycleShare. This obligation does not apply if the renter is liable to CycleShare for the cause of the defect and/or the consequences of the defect.
2. Damage Related to E-scooters: CycleShare is not liable for damage resulting from a defect in the E-scooter to the extent that the injured party can claim compensation under insurance or other provisions.
3. Exception: This does not apply if CycleShare knew or should have known about the defect or if CycleShare is guilty of intent or gross negligence in relation to the defect.

1. 1. Deductible: All penalties and consequences of measures imposed by government authorities in connection with the renter’s possession or use of the bicycle are at the renter’s expense, unless these relate to a defect that was already present at the start of the rental or the penalties relate to circumstances within the risk sphere of CycleShare.
   2. Imposed on CycleShare: If these penalties and measures are imposed on CycleShare, the renter is obliged to indemnify CycleShare at its first request, whereby the renter is additionally liable for administrative costs both in and out of court, with a minimum of €25 (including VAT). CycleShare shall minimize the damage as much as possible.
   3. Administrative Costs: If CycleShare provides information to authorities in connection with any action or omission by the renter, such as a traffic violation, the renter is obliged to reimburse the associated administrative costs, with a minimum of €10 (including VAT).

1. 1. Seizure of the E-scooter: In the event of administrative, civil, or criminal seizure of the E-scooter, the renter remains obligated to fulfill the obligations under the rental agreement, including payment of the rental fee, until the moment the E-scooter is returned to CycleShare free of any seizures, unless the seizure is related to circumstances within CycleShare’s risk sphere.
   2. Resulting Costs: The renter is obliged to indemnify CycleShare for all costs arising from the seizure.

1. 1. 1. Strict Deadlines: The payment terms stated in these general terms and conditions are strict deadlines, so that the renter is in default without further notice of default if payment is not made on time.
      2. Additional Costs: In case of exceeding a payment deadline, the renter owes statutory interest on the amount due. If costs are incurred for the collection of CycleShare’s claim(s), the renter is also obliged to reimburse these costs. These extrajudicial collection costs are fixed at the amounts indicated below, without prejudice to CycleShare’s right to claim actual costs: 
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• €44 (including VAT), if the principal sum plus interest amounts to €500 or less;
• €75 (including VAT), if the principal sum plus interest amounts to €5,000 or less;
• €768 (including VAT), if the principal sum plus interest amounts to €10,000 or less;
• €904 (including VAT), if the principal sum plus interest amounts to €20,000 or less;
• €1,158 (including VAT), if the principal sum plus interest exceeds €20,000.

Besides the cases provided by law, CycleShare may at any time (partially) dissolve, terminate, or cancel the rental agreement in case of any suspicion of, or actual, breach of the provisions in the rental agreement and these General Terms and Conditions. In such case, CycleShare may demand the immediate return of the Bicycles and Accessories and reclaim them wherever and from whomever they are located, without any obligation to pay compensation or damages to the renter. More specifically, CycleShare has this right if, after concluding the rental agreement, circumstances become known to CycleShare giving reasonable grounds to fear that the renter will not fulfill their obligations, or if CycleShare requested security for performance when concluding the rental agreement and such security is not provided or is insufficient.

1. Termination of Rental: CycleShare is entitled to terminate the rental agreement without notice of default or judicial intervention and to repossess the bicycle, without prejudice to its right to claim costs, damages, and interest, if the renter fails to comply with one or more of their obligations during the rental period, or if the renter dies, is placed under guardianship, applies for a moratorium, is declared bankrupt, is subject to the Dutch Debt Restructuring for Natural Persons Act, or if CycleShare becomes aware of circumstances that, had CycleShare known them at the time of the agreement, would have prevented entering into the agreement.
2. Possession of Bicycle: The renter shall fully cooperate with CycleShare to enable CycleShare to regain possession of the bicycle.
3. In Case of Death: If the renter dies before the rental agreement commences, the rental agreement shall be considered dissolved without notice of default or judicial intervention.
4. Damage on Termination: CycleShare is not liable for damages resulting from the termination of the rental agreement.

1. Reporting Complaints: Any complaints by the renter regarding the execution of the agreement must be reported without delay to CycleShare or the rental location, so they can be addressed.
2. Resolution of Complaint: If a complaint is not resolved satisfactorily, the renter may submit the complaint to CycleShare in a timely manner, fully and clearly described. Complaints submitted within two months are considered timely in any case.

1. 1. Oral Agreements: Any changes and/or additions to these General Terms and Conditions must be made in writing. No oral agreements will be made on this matter.
   2. Multiple Sets of Terms: If these General Terms and Conditions conflict with one or more conditions included in the rental agreement, the conditions in the rental agreement shall prevail.
   3. Legal Validity: If individual provisions of these General Terms and Conditions are or become invalid, this does not affect the legal validity of the remaining provisions. In such a case, the invalid provision shall be replaced with a provision that most closely reflects the original in meaning and intent.
   4. Errors & Changes: All stated amounts are subject to errors and changes.
   5. Effective Date: These General Terms and Conditions are effective as of January 1, 2014. They remain applicable until CycleShare communicates a written amendment to the General Terms and Conditions.

1. Personal Data: The personal data listed in the contract are processed by CycleShare, as the controller within the meaning of the Dutch Personal Data Protection Act (Wet Bescherming Persoonsgegevens), in a personal data registry. Through this processing, CycleShare can enforce Article 13 of these general terms and conditions and execute the agreement.

2. Application of Law: Every rental agreement between CycleShare and a renter, as well as these general terms and conditions, shall be governed by Dutch law.
2. Disputes: Any disputes shall be submitted to the competent court of the District Court of The Hague.

You have the right to cancel your order up to 14 days after receipt without giving any reason. You will then be refunded the full order amount including any additional charges within 14 days. To exercise this right, you can contact us at info@cycleshare.nl.