General rental conditions Partybike

Applicability

1. These general rental terms and conditions apply to all rental contracts of Partybike regarding the rental of (pleasure) bike(s) as stipulated in the rental contract with the renter.
2. The terms included in these General Rental Terms and Conditions are defined as follows:
a. lessor: Partybike and/or its representatives;
b. renter: the person who on behalf of himself or herself or a group, association, company or organization acts as contact person of the rental company. When a contact person acts on behalf of a company or organization, this contact person should be authorized to sign or have an authorization;
c. bicycle(s): the (pleasure) bicycle(s) as indicated in the rental agreement, as well as all accessories including, but not limited to, the music system present on the pleasure bicycle;
d. driver(s): those who are named as drivers in the rental agreement and have signed the rental agreement.

Reservation

3. From the moment the reservation made by the renter for the rental of one or more bicycle(s), is confirmed in writing by the rental company, the reservation is established. From that moment on, the renter shall owe the rental price.

Rent

4. The tenant is deemed to know and agree to the rental rates used by the lessor. The renter must pay the rental price as well as all other amounts payable in connection with the rental agreement (including the deposit), by transferring them to the lessor's account number made known to the renter, in full and at least three days before the start of the rental period, unless explicitly agreed otherwise.
5. In the event of late payment, the lessor shall not be obliged to deliver the bicycle(s), while this shall not invalidate the lessee's obligation to pay the rental price.
6. If, unless explicitly agreed otherwise, payment is not made by the renter at least three days before the start of the rental period, the rental price shall be increased by the statutory interest.

Deposit

7. Before commencement of the rental period, a deposit of € 150, - must be paid to the lessor by credit to the account number of the lessor made known to the lessee.
8. After the rental period, the deposit will be refunded by the lessor to the account number provided by the lessee, if no damage has been found to the bicycle(s).
9. In the event of damage to the bicycle(s), the lessor shall at all times be entitled to set off the deposit against the amount of damage. If it emerges that settlement of the deposit is insufficient for full compensation of the damage, the lessor shall also be entitled to claim full compensation instead of deducting the deposit, or to claim additional compensation in addition to deducting the deposit.

Cancellation

10. If Tenant has placed a reservation with Landlord and wishes to cancel it, this can be done up to one month before the agreed rental date. If the rent has already been paid, it will be refunded.
11. Cancellation within one month before the mentioned rental date, is not possible. The entire rental price and all other amounts due in respect of the rental agreement will remain due in that case.

Rental period

12. The rental period shall be between the times of commencement and return of the bicycle(s) specified in the rental agreement. If the bicycle(s) is returned later than the agreed return time, € [amount] will be charged for each half hour.
13. The rental period can only be extended with the explicit consent of the Lessor, at a (pro rata) price as resulting from the rental rates applicable at that time.
14. If the bicycle(s) is/are returned before the end of the agreed rental period, the rental agreement ends at the time of return, without any right to reduction of the rental price.
Place, time and manner of delivery and return
15. The bicycle(s) will be delivered to the location agreed upon between the Lessee and Lessor, and must be returned to the same location no later than at the end of the agreed rental period. The costs of transporting the bicycle(s) shall be borne by the Lessee.
16. It is possible to return the bicycle(s) at a location other than the delivery location, provided that the Hirer has obtained explicit permission from the Letter beforehand. This facility is subject to additional costs, which will be charged to the lessee.
17. The renter is obliged to clean the rented bicycle(s) before the moment of return. If, in the opinion of the lessor, the bicycle(s) has not been cleaned or not been cleaned sufficiently, the lessor may recover the costs of cleaning the bicycle(s) from the lessee.

Legitimation

18. Tenant must be at least 18 years of age or older and is required to present identification to Landlord prior to the start of the rental period.
Use
Renter is deemed to have received the bicycle(s) in good condition. Lessor is deemed to have delivered the bicycle(s) in good condition.
20. Tenant is obliged to return the bicycle to Landlord in the condition as he received it from Landlord. This includes the obligation to undo any changes and additions to the bicycle made by the lessee or on his behalf.
21. Tenant shall take good care of the bicycle(s).
22. The bicycle(s) may only be used in accordance with its normal purpose and by the drivers specified in the rental agreement. In any case, the bicycle(s) may not be used on unpaved paths and/or roads.
23. Without permission from the lessor, the lessee is not allowed to sublet or use the rented bicycle(s) to third parties or to transfer the rental rights in whole or in part to third parties.

Liability

24. The Renter shall be liable for all damage as a result of the loss and/or theft of the bicycle(s) and/or accessories as well as for all other damage caused or inflicted on the bicycle(s) and/or, whether or not through the fault of the Renter and irrespective of whether or not there is a question of force majeure. The Hirer shall pay the Landlord the costs of repair and replacement, including those for damaged parts, within fourteen days of being informed of this in writing by the Landlord.
25. In the event of theft, the renter shall be liable for the current market value of the bicycle(s).
Legal Liability
26. The use of the bicycle(s) is entirely at the expense and risk of the lessee. The lessee is liable for all damages caused by actions of himself or the drivers and consequential damages and indemnifies the lessor in this respect.
27. The drivers are road users and must comply with the applicable laws and (traffic) regulations, including but not limited to the Road Traffic Act.
28. The bicycle(s) is/are not insured against damage. Hirer shall obtain insurance against all risks for the use of the bicycle(s). Landlord disclaims any liability in this regard.

Reporting requirement

29. In case of: an accident, theft or loss of, or damage to the bicycle(s), the renter is obliged to immediately report this to the rental company. In the event of theft or loss, or in the event of damage caused by a third party, the renter shall immediately report this to the police in the municipality where the theft, loss or damage occurred, and shall immediately send a copy of the report to the rental company.

Processing personal data

30. The personal data of tenant mentioned on the contract are processed by landlord in compliance with the Personal Data Protection Act. On the basis of this processing, landlord can execute the contract, provide optimal service and provide tenant with timely product information and offers as well as comply with legal obligations.
Choice of law and conclusion
31. These General Rental Conditions are governed by Dutch law, whereby the lessee and lessor agree to submit any disputes to the competent Dutch court within the district of Oost-Brabant.
32. The lessee is aware of these general terms and conditions of lease. Tenant is responsible for informing the drivers of the general rental conditions.