Index

The General Terms and Conditions Original & Deluxe 7
The General Terms and Conditions E-Bike (Power 7)




The General Terms and Conditions
Original & Deluxe 7

 

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 België BVBA, with its registered office in Antwerp, and its principal place of business at the Mechelseplein 10 (2000), Chamber of Commerce number 0690.582.590;

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 General Terms and Conditions apply to every subscription between Swapfiets and a Renter.

2.3 Agreements between Swapfiets and Renter in deviation from, or in addition to, these General Terms and Conditions are valid only if they explicitly and in writing are confirmed by a Regional Manager of Swapfiets via an e-mail.

2.4 All amount 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 is delivered with a ring- and push-in chain lock with one key.

3.3 The Subscription entitles to free swapping (see Article 5). This means:

  • the free repair of defects on the Bicycle due to wear and tear caused by normal use of the Bicycle. Examples of such defects include: a flat tire, a broken (chain) guard, a torn saddle and broken lighting;
  • the free Bicycle Swapping within the city limits in which Swapfiets is active

3.4 Swapfiets always has a spare key of the Bicycle. When the key gets lost or damaged, a new key has to be requested from Swapfiets. The costs for thisare EUR 15,00 per key.

3.5 Due to the risk of theft, the Renter is prohibited from making copies of the key and from having more than one key in possession. A previously lost key must be returned to Swapfiets immediately upon recovery.

3.6 The bike can be provided with an advertisement. If the advertisement is damaged or is completely removed from the Bicycle, the Renter should notify Swapfiets immediately.

 

4. Terms and Conditions

4.1 The Renter normally uses the Bicycle and takes care of the Bicycle with due care and diligence.

4.2 The Bicycle is intended exclusively 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 property of Swapfiets at all times. The Renter is prohibited to establish or grant any (security) right to the Bicycle for use by a third party.

4.5 The renter is personally responsible for compliance with the General Terms and Conditions.

4.6 The Rental Customer will be responsible for passing on changes to the dataknown to Swapfiets, such as a new address, in good time.

4.7 The renter may not make any changes to the Bicycle that cannot be removed without damaging the Bicycle.

4.8 The renter must be at least 18 years old and able to enter into legally binding contracts to be able to subscribe for a Swapfiets. Minors may subscribe under the supervision of an adult.

 

5.  Swapping

5.1 Swapfiets aims to Swap a Bicycle within 24 hours after the Renter has contacted Swapfiets via telephone, e-mail WhatsApp, or the Swapfiets App. Swapping takes place by appointment with the Renter.

5.2 If this target time period is not met, the Renter cannot claim any compensation or remuneration.

5.3 Swapping takes place only in the 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 wrongly Swap (an ‘Improper Swap’), Swapfiets has the right to charge EUR 20,00 call-out charges. 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 the key to Swapfiets.

 

6.  Subscription Term and Termination

6.1 The subscription is concluded for a period of one month. After expiry of this term, the Subscription is renewed tacitly for a period of one month.

6.2 The Subscription costs for the first month will be determined on a pro rate basis of the remaining number of days in the respective month based on the monthly rate.

6.3 The period of notice of Termination of the Subscription is one month. From the day that the written notice of Termination of the Subscription by the Renter is received by Swapfiets via e-mail, the Subscription is still active for one month, so that the Subscription ends one month after the day on which the notice of Termination is received by Swapfiets (the ‘End date’).

6.4 After the notice of Termination, the Renter has the right to use the Bicycle and the obligation to pay the costs of the Subscription until the End Date.

6.5 The Bicycle and the key(s) are to be submitted to Swapfiets by the Renter no later than the End Date.

6.6 In the case that the Bicycle is returned by the Renter before the End Date, all rights of the Renter under the terms of the Subscription are terminated.

6.7 Prior to returning the Bicycle to Swapfiets, the Renter can cancel the Termination at any time and reactivate the Subscription by means of an e-mail to Swapfiets.

6.8 In the event the Renter wants to conclude a new Subscription within six months after notice of Termination of his Subscription, an amount of EUR 60,00 for start-up costs is payable.

6.9 If the Bicycle has not been returned to Swapfiets by the Renter no later than the End Date, the Renter shall owe a penalty of EUR 5,00 per day until the Bicycle has been returned to Swapfiets, or the Subscription has been reactivated, this with a maximum of seven days.

6.10 If the Bicycle is not returned within seven days of the End Date to Swapfiets and the Subscription is not reactivated, subsequently Swapfiets will report a theft by the renter. In that case, the Renter is also be obligated to compensate Swapfiets for suffered damage, which is set at EUR 450,00, without prejudice to Swapfiets' right to full compensation for the suffered damage, as far as it exceeds the amount of EUR 450,00.

6.11 The Rental Customer is aware that the Bicycle could be owned by a leasingcompany. 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.

 

7.  Theft or missing

7.1 In case of loss or theft of the Bicycle, the Renter is obliged to notify Swapfiets within 24 hours, to return the keys of the Bicycle to Swapfiets and file a police report together with an employee of Swapfiets. In this case, the Renter owes a deductible of EUR 60,00 and receives a replacement Bicycle from Swapfiets.

7.2 If the renter does not, or not in time, reports the loss or theft of the Bicycle, or does not return the key to Swapfiets, the Renter owes Swapfiets an amount of EUR 450,00.

7.3 To prevent incidents such as loss, theft and damage, the Bicycle should always be double locked using the provided 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/attached and there is an incident, including a case of vandalism, loss or theft, the Renter will owe a negligence surcharge of EUR 90,00. This amount is in addition to the deductible of EUR 60,00.

7.5 When a lost or stolen Bicycle is found within the term of the Subscription, the Renter will be credited with a maximum of the paid deductible. Swapfiets determines this amount based on the condition of the Bicycle and possible other costs.

7.6 If it becomes apparent that the Renter provided incorrect information to the disadvantage of Swapfiets, Swapfiets is entitled to charge an unfairness surcharge of EUR 100,00. This amount is in addition to the deductible and possible negligence surcharge.

7.7 If parts of the Bicycle are missing or stolen, Swapfiets has the right to charge this to the renter up to the maximum amount of the deductible. A price list of parts is available on request by Swapfiets.

 

8.  Damage

8.1 The Renter must report damage to the bike caused by vandalism to Swapfiets within 24 hours.

8.2 In case of damage or and wear and tear to the bike other than what is to be expected by normal use, at the discretion Swapfiets, Swapfiets reserves the right to recover the costs from the Renter.

8.3 In case of damage caused by (contributory) negligence of a third party, the Renter is obliged to provide Swapfiets with the contact details of this third party and a situation description signed in agreement by both parties. The accident report form can be downloaded at https://swapfiets.be/europeanclaimform. If no contact details of the third party are submitted, the damage will be charged to the Renter.

 

9.  Payments

9.1 At concluding of a Subscription, the Renter is obliged to have an authorisation for direct debit of the monthly subscription costs and other costs due charged against the specified account number.

9.2 In case of additional charges levied, such as deductible and surcharges, Swapfiets reserves the right to demand payment thereof before providing the Renter with a new Bicycle. If the renter indicates that the outstanding amount can be met and this turns out not to be the case, then there is an Improper Swap and as a result costs can be charged.

9.3 When the Subscription or other costs cannot be debited or are wrongly reversed, the Renter is legally in default. The renter will then receive a reminder to still pay the amount due within fourteen days. If the amount due is not fulfilled within the period of fourteen days, Swapfiets can engage a collection agency. All additional administrative costs and extrajudicial collection costs are at the expense of the Renter.

 

10. Trading in old Bicycle

10.1 It is possible for the Renter to trade in his/her 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 both the Renter as well as Swapfiets. If the Renter and Swapfiets cannot agree upon the discount amount, then the old bicycle will not be taken in for trade by Swapfiets.

10.3 If a Renter deliberately intends to trade in a bicycle of which Renter is not the owner, the Subscription will be terminated immediately and it will be reported to the police.

 

11. Liability

11.1 If the Renter puts a Bicycle to use, this will be regarded to as proof that it is functioning properly and shows no defects.

11.2 In case of doubt by the Renter concerning the safety of the Bicycle, Swapfiets must be contacted immediately.

11.3 The use of the Bicycle by the Renter is at the renters own risk.

11.4 Swapfiets is not liable for any damage suffered by the Renter as a result of using the Bicycle, unless there is wilful conduct or gross negligence on the part of Swapfiets.

11.5 The renter is responsible for the timely notification of any defects and/or damages to the Bicycle.

 

12. Amendments

12.1 Swapfiets reserves the right to change the costs of a Subscription. Renter will be given notice on the changes by e-mail at least two months before the commencement date.

12.2 Amendments to the General Terms and Conditions will be notified by means of an announcement on the website www.swapfiets.be and via e-mail to the Renter at least one month before the commencement date.

12.3 Swapfiets has the right to transfer its claims on the Renter to third parties at all times and for whatever reason.

 

13. Non-compliance with obligations

13.1 Swapfiets reserves the right to terminate the Subscription with immediate effect in whole or in part by means of a written notification to the renter, in case of:

  • the Renter is in default with regard to his/her obligations under the Subscription;
  • the Renter applies for (provisional) suspension of payment or (provisional) suspension of payment is granted to him/her;
  • the bankruptcy of the Renter is applied for, or if he/she is declared bankrupt;
  • the Renter is placed under guardianship or a debt management scheme for natural persons is being applied to him/her;
  • the Bicycle or other goods of the Renter is/are confiscated at the expense of the Renter and this affects the fulfilment of the obligations from the Subscription;
  • according to Swapfiets, the renter misuses the service provided by Swapfiets;
  • the Renter intentionally provides incorrect information to Swapfiets, or
  • the Renter should not be presumed to be able to fulfil the obligations from the subscription any more.

13.2 The Renter has the right to terminate the Subscription with immediate effect if Swapfiets has repeatedly and/or seriously failed to fulfil its obligations as described in the General Terms and Conditions.

 

14. Digital data and en 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.be/en/privacy. Questions or remarks in this regard may be addressed to privacy@swapfiets.be.

 

15. Applicable law. Disputes

15.1 The Subscription and the General Terms and Conditions are exclusively applicable under Belgian law.

15.2 All disputes arising from or related to the Subscriptions will be exclusively submitted to the competent court of Leuven.

www.swapfiets.be Version 2.0 May 2019

Version 1.0 2018

 

 

The General Terms and Conditions
E-Bike (Power 7)



1. Definitions

The General Terms and Conditions feature the following defined terms:

Subscription:

the agreement between Swapfiets and the Renter for the use of the e-bike 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 that apply to any Subscription;

End Date:

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

e-bike:

the e-bike made available by Swapfiets to the Renter under the Subscription for use by the Renter in accordance with the General Terms and Conditions;

Renter:

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

Unjustified Swap:

has the meaning given to it in Article 5.4;

Swapfiets:

Swapfiets België BVBA, with its registered office in Antwerp, and its principal place of business at the Mechelseplein 10 (2000), Chamber of Commerce number 0690.582.590;

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 These General Terms and Conditions apply to every agreement between Swapfiets and the Renter.

2.2 Agreements between Swapfiets and Renter in deviation from, or in addition to, these Terms and Conditions are valid only if explicitly confirmed by Swapfiets, e.g. via e-mail.

2.3 All amounts stated by Swapfiets include VAT.

 

3. Subscription

3.1 For the duration of the Subscription the Renter will have an e-bike. 

3.2 The e-bike comes with a ring lock and a chain lock with one key.

3.3 Under the Subscription, the Renter is entitled to free Swapping (please refer to Article 5 for more details). This means:

  • free of charge repairing of defects to the e-bike caused by wear and tear and normal use of the e-bike. Examples of such defects include a flat tyre, a broken chain or chain guard, a torn saddle and broken lighting;

  • free of charge exchanging of the e-bike within the limits of the city where Swapfiets operates.

3.4 Swapfiets always has a spare key to the e-bike. If the Renter loses a key, they must request a new key from Swapfiets. The costs involved amount to EUR 15 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 e-bike may contain advertisements. The Renter must immediately contact Swapfiets if the advertisement has been damaged or if an advertisement completely disappears from the e-bike.

 

4. Conditions

4.1 The Renter makes normal use and takes due care of the e-bike, in accordance with the instructions given by Swapfiets.

4.2 The e-bike is intended only for personal use by the Renter.

4.3 The Renter must have a SEPA bank account number.

4.4 The e-bike will at all times remain the property of Swapfiets. The Renter will not be allowed to create or grant any security interest or other right in respect of the e-bike for a third party’s benefit.

4.5 The Renter will be personally liable for compliance with the General Terms and Conditions.

4.6 The 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 Renter may not make any changes to the e-bike that cannot be removed without damaging the e-bike and is not permitted to manipulate in any way the electronics and/or software of the e-bike.

4.8 The renter must be at least 18 years old and able to enter into legally binding contracts to be able to subscribe for a Swapfiets. Minors may subscribe under the supervision of an adult.

 

5. Swapping

5.1 Swapfiets strives to Swap the e-bike within 24 hours after the Renter has contacted Swapfiets by telephone, via e-mail or WhatsApp. Swapping takes place by appointment with the Renter.

5.2 If this target time is not achieved, the Renter cannot claim any compensation or payment.

5.3 Swapping will only take place in case of a defect, loss or theft of the e-bike, and only within the city limits in which Swapfiets operates.

5.4 If the Renter unjustly requests a Swap (an ‘Unjustified Swap’), Swapfiets reserves the right to charge EUR 20 in call-out charges. If the Renter 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 e-bike, the Renter will transfer the e-bike to Swapfiets including the battery and corresponding key.

 

6. Term of the Subscription and termination

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 termination period of the Subscription is one month. From the day that the written termination of the Subscription by the Renter 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 terminating the Subscription, the Renter will be entitled to use the e-bike and will be obliged to pay the costs of the Subscription until the End Date.

6.5 The Renter must hand in the e-bike and the keys to Swapfiets on the End Date at the latest.

6.6 If the Renter hands in the e-bike before the End Date, this will end all rights of the Renter under the Subscription, without prejudice to the Customer’s obligation to pay the full Subscription costs until the End Date.

6.7 Prior to returning the e-bike to Swapfiets, the Renter 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 Renter would like to take out a new Subscription within six months after termination of his Subscription, they will owe an amount of EUR 60 in start-up costs for this.

6.9 If the e-bike has not been transferred to Swapfiets by the Renter on the End Date at the latest, the Renter will owe a penalty of EUR 5 for each day until the e-bike 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 e-bike 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 at EUR 2.000, 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 EUR 2.000.

 

7. Theft or loss

7.1 In the event of the loss or theft of the e-bike and/or the battery, the Renter will be obliged to report this to Swapfiets within 24 hours, to hand over to Swapfiets the keys to the e-bike, 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 of EUR 220 for the e-bike and/or EUR 500 for the battery and will receive a replacement e-bike and/or battery from Swapfiets.

7.2 If the Renter does not, or not in good time, report a loss or theft of the e-bike, or if the Renter cannot hand over the e-bike keys to Swapfiets, the Renter will owe Swapfiets the amount of EUR 2.000.

7.3 In order to prevent incidents such as loss, theft and damage, the e-bike must always be double locked with the provided ring lock and chain lock. Where possible, the e-bike must be secured to an object using the chain lock. In addition, when connected to the e-bike, the battery must always be secured with the provided lock.

7.4 If the e-bike is not double locked/secured and an incident occurs, including vandalism, loss or theft, the Renter will owe a negligence surcharge of EUR 300. This sum will be in addition to the deductible.

7.5 If a missing or stolen e-bike is recovered within the term of the Subscription, the Renter will be credited no more than the deductible paid. Swapfiets will determine this amount on the basis of the condition of the e-bike and any other costs.

7.6 If it turns out that the Renter has provided incorrect information that disadvantages Swapfiets, Swapfiets reserves the right to add an unfairness surcharge of EUR 100. This amount will be in addition to the deductible and any negligence surcharge.

7.7 If parts of the e-bike are missing or stolen, Swapfiets reserves the right to charge this to the Renter up to the amount of the deductible at most. A price list of the parts of the e-bike may be requested from Swapfiets.

 

8. Damage and servicing

8.1 The Renter must report damage to the e-bike caused by vandalism to Swapfiets within 24 hours.

8.2 Swapfiets reserves the right to check the condition of the e-bike. Customer shall cooperate with any necessary servicing or maintenance, on demand by Swapfiets.

8.3 In the event of damage and wear and tear to the E-bike 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 Renter.

8.4 In case of damage caused by a third party, the Renter 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.be/europeanclaimform. Swapfiets reserves the right to charge the Renter for the damage.

 

9.   Payments

9.1 The Renter is obliged to authorize a direct debit payment, as applicable, 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 e-bike. 

9.3 When the Subscription costs cannot be written off or are wrongfully cancelled, the Renter is in default. The Renter will receive a reminder to pay the due amount within 14 days. If the amount is not fulfilled within an additional 10 days, Swapfiets will place the claim for collection. All extra costs, interest 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 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 The Renter must examine the e-bike upon delivery. If the Renter commences with use of an e-bike, this will be regarded as proof that the e-bike is functioning properly. 

11.2 The Renter must give immediate notice to Swapfiets of any defects on the e-bike. 

11.3 The use of the e-bike is at the own risk of the Renter. In case of doubts on the Renter’s part concerning the safety of the e-bike, the Renter should contact Swapfiets immediately.

11.4 Swapfiets is not liable for any damage suffered by the Renter as a result of using the e-bike, unless there is intentional or gross negligence on Swapfiets’s part. 

 

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.be 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.

 

13. Failure to fulfil obligations

13.1 Swapfiets reserves the right to terminate the Subscription with immediate effect, either wholly or partially, or to cancel the Subscription by means of a written notice to the Renter if:

  • the Renter fails to fulfil their obligations under the Subscription;
  • the Renter 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 Renter or if they are put into bankruptcy or liquidation;
  • the Renter is placed under guardianship or is allowed to participate in the debt restructuring scheme for natural persons;
  • the Renter, in the opinion of Swapfiets, abuses the service offered by Swapfiets;
  • the Renter deliberately provides incorrect information to Swapfiets, or
  • the Renter otherwise should no longer be deemed able to fulfil the obligations under the Subscription.

13.2 The Renter 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.be/en/privacy.

Questions or remarks in this regard may be addressed to privacy@swapfiets.com.

 

15. Applicable law. Disputes

15.1 Belgian 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 Leuven.



www.swapfiets.be e-bike Version 1.0