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 België BVBA, with its registered office in Leuven, and its principal place of business at the Martelarenplein 20E (3000), 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 Renter loses a key, a new key has to be requested from Swapfiets. The costs for this are 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 renter may not make any changes to the Bicycle that cannot be removed without damaging the Bicycle.

 

5.  Swapping

5.1 Swapfiets aims to Swap a Bicycle within a day after the Renter has contacted Swapfiets via telephone, e-mail or Whatsapp. 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 three months after notice of Termination of his Subscription, an amount of EUR 40,00 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 350,00, without prejudice to Swapfiets' right to full compensation for the suffered damage, as far as it exceeds the amount of EUR 350,00.

 

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

  • for the performance of our services (such as delivering of our products);
  • for the marketing and sales activities such as providing the best possible information about our (other) products and services;
  • for market research;
  • for both statistical analyses as well as analyses per company.

14.2 Swapfiets does not provide data of renters to third parties, except in cases where this is necessary for the performance of our services. In such cases, permission for the use of this information is restricted to the specified purpose.

14.3 The party responsible for the data processing is Swapfiets Belgium BVBA, Martelarenplein 20E, 3000 Leuven. The Renter can at all times and without any costs, obtain insight in his/her information and request changes to the information. The Renter can also, al all times, object to receiving information from Swapfiets via e-mail, phone, mail and/or Whatsapp.

 

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.