Latest update on May 17th 2013 for increases readability
Article 1: Definitions
- MEB: Martin’s E-Bike (MEB) is a trademark of Beveon BV, statutorily based in De Hoef, and registered at the Chamber of Commerce in Amsterdam, the Netherlands, under number 30111509, hereinafter addressed to as Lessor of (E-) bikes and/or accessories.
- E-Bike: a bike rented out to the hirer or to the tour operator/agent for recreational purposes, whether or not with accessories, and whether or not fitted with pedal-support.
- Hirer: a natural person acting as a hirer, on his own behalf or on behalf of his family or friends.
- Tour operator/Agent: an organization that mediates or organizes on (holiday-) travel, and acts as such on behalf of the Hirer or the user of the E-Bike.
- Lease Agreement: the agreement, with which Lessor and the Hirer/Tour operator/Agent agree upon conditions for the lease of the E-Bike.
- Price List: the list which comprises the rates with which, et al., one or more E-Bikes are rented out, the accessories, the costs resulted by loss, theft or damage to the E-Bike or any other object or accessory related to the lease.
- Accessories: one or more objects that are rented together with an E-Bike, whether it is to be mounted to or on the E-Bike, or given separately, and are meant for the E-Bike, including: seats, navigation systems, map-holders, bags and bicycle carts.
- Written: in writing or done electronically.
- Lease Conditions: the conditions of the agreement as given below.
Article 2: Entering into the lease agreement
- A lease agreement is entered into by the receipt of one or more Bikes (hereinafter collectively and individually addressed to as ‘E-Bike’) and/or accessories, by the Hirer.
- These conditions apply to all lease agreements, insofar as both parties have not mutually distant themselves from the agreement, in writing.
- In case the Hirer has rented two E-Bikes simultaneously, the Hirer is permitted to make the second bike available for use to a third party. In that case the Hirer is responsible for fulfilling his/her obligations in accordance with the terms of this agreement or any other agreement, even with regard to the second E-Bike and/or Accessories of the second E-Bike, and even in case the second E-Bike is not used by the Hirer but by the third party.
Article 3: Duration and Termination of the agreement
- The Lease Agreement is valid for the period specified in the agreement, and terminates when the Hirer returns the E-Bike to the rental location within the agreed period.
- The rental location referred to in the preceding paragraph is the location where the E-Bike was taken in receipt, or when taken at another location, when MEB has specifically stipulated that the E-Bike can be returned to that location, even if the bike is rented at another location.
- In case the Hirer fails to return the E-Bike to the rental location within the period agreed upon, an amount of € 250 shall be charged to the Hirer. As long as the E-Bike is not returned, the Hirer will still owe the agreed lease sum or any other additional sum. In addition, extra rental fee will be charged to the Hirer for every extra day beyond the agreed period.
- The provisions in the first section of paragraph 3 shall not apply in case the Hirer reports to MEB or to the person who has leased the E-Bike, before the expiry of the lease, that as a result of force majeure, he or she is not capable of returning the E- Bike within the agreed period. In this case, the Hirer must provide proof of the force majeure.
Article 4: Obligations MEB (Martin’s E-Bike)
MEB shall ensure that:
- The Hirer acquires an E-Bike, which is delivered in a good, and safe condition, meets the legal requirements, and is equipped with resources so as to enable the Hirer to prevent theft.
- If and insofar as he uses third parties for the rental of the E-Bike, he enables them to fulfil the MEB obligations in accordance with the lease agreement.
Article 5: Obligations of the Hirer
The Hirer is obliged to do the following:
- The Hirer is obligated to pay the rent.
- The Hirer shall examine the E-bike for use on basis of a simple visual inspection, and reports any possible defects directly to MEB or to a third party that give the bike.
- The Hirer uses the E-Bike carefully, as expected from a good Hirer. When placing the E-Bike in a bike shed, the Hirer always makes use of both the provided locks to secure the bike. The Hirer is obliged to take all precautions to prevent theft, loss and damage to the E-Bike.
- The Hirer may not make any alterations to the E-Bike.
- The Hirer may not transport other persons on the E-Bike, except by means of especially mounted Accessories intended for that purpose.
- The E-bike may only be used in accordance with their normal destination, and by riders listed in the lease(s). The E-Bike must be returned to Lessor’s address in clean condition, in which the E-Bike was rented
- In any case, the E-Bike may not be used on rocks and/or on a beach, even if there are no roads, pavements or paths available.
Article 6: Damage to and repair of the E-Bike
- Repairs to the E-Bike will be borne by MEB, unless these are required as a result of careless use of the E-Bike. When MEB wishes to claim the cost of repairs on the Hirer, as a result of careless use of the bike, it may proceed to do so immediately after the return of the E-Bike or at the end of the lease period as mentioned in the agreement.
- Except in case of the situation defined in paragraph 3 of this article, the Hirer is not permitted to let the E-Bike be repaired by any person other than the one who gave the bike on behalf of MEB, unless MEB has authorised this in writing. MEB will issue this authorisation only when it is reasonably necessary, considering the nature of the defect and the circumstance surrounding it.
- The Hirer is permitted to (let) repair a flat tyre, replace batteries or change a bulb at his/her own risk, without prior permission of MEB, as long as this is done in a skilful manner.
- Even in case damage has occurred to the E-Bike during the lease period, the Hirer is required to return the (damaged) E-Bike to the rental location, unless, after reporting the damage, other agreements have been reached.
- The Hirer is required to report the damage to the E-Bike, as soon as reasonably possible, to an employee of the rental location and to MEB via: email@example.com or by phone: +351 308 802 830.
- In case MEB fails to make necessary repairs on the rented E-Bike, the Hirer is permitted to have the repairs done elsewhere and declare the incurred costs to MEB, insofar as these costs are reasonable.
Article 7: Loss and theft
- The Hirer is required to report the loss or theft of the E-Bike to MEB as soon as it is reasonably possible via: firstname.lastname@example.org or by phone: +351 308 802 830.
- During the lease period, the Hirer is mainly responsible for any damage caused to the E-Bike on account of loss or theft, which damage is not to exceed a maximum sum of € 750 per case per E-Bike. This damage sum will not exceed a maximum of € 500 per case per E-Bike, if the Hirer can prove that the E-Bike(s) was secured by the use of both provided locks, prior to the theft, by means of returning all the E-Bike locks keys, along with a copy of the theft-report filed at the police, to MEB or to another rental location where the E-Bike was leased.
- If, due to loss or theft of the E-Bike, as defined in paragraph 2, the Hirer or a third party returns the bike within two weeks after the loss or theft, then, in accordance with paragraph 2 of this article, the paid sum is deducted from the sum owed to MEB by the Hirer. When no sum is owed, then the remaining sum will be refunded to the Hirer. The sum owed to MEB refers to et al. the sum for the recovery of the relevant E-Bike(s). In case the costs for the recovery of the E-Bike exceed the sum agreed upon between Hirer and MEB in accordance with this article, the Hirer will not be held liable for the higher costs.
- In case of loss of E-Bike keys, the subscription holder determines the replacements costs of the keys according to the Rates List.
Article 8: Payment
- The rental sum, and all other relevant sums owed in accordance with the agreement, as mentioned in the invoice, are to be paid in cash at the rental location, unless agreed upon otherwise in writing.
- In case the payments are not made in cash to Lessor, Lessor is entitles to increase the owed sum by 1% per month, which increase it to be considered as a condition under which deferral is granted, with that the obligation of the Hirer to make the payment in cash is terminated. This increase commences one month after the invoice date, whereas, when the Hirer fails to make the payment despite summons, Lessor is entitled to keep increasing the owed sum, by means of debt-collection costs and other judicial costs, which include lawyer fee and other extrajudicial costs yet to be specified.
- The deposit specified in the agreement serves as a payment for all amounts the Hirer owes Lessor in accordance with the agreement, with no compromise in the Hirer’s obligation, even after settlement with the deposit payment, to pay the remaining amount in cash, and without compromise in Lessor’s right to full compensation.
- If, for any reason whatsoever, the Hirer cannot make use of the bike(s), Lessor will not be liable for any resulting costs or damages.
- In the case in the previous paragraph, the Hirer remains accountable for the payment of the full rent and any other payments mentioned on the invoice, unless the Hirer can prove that the failure to make use of the bike(s) was on account of defects that were present at the start of the rental period.
Article 9: Liability
- MEB is liable for a maximum of € 500.000 (five hundred thousand E