General rental terms and conditions by Capital Bikes, van Middellandtstraat 2-2, 1057AP Amsterdam.
These conditions apply to the contract between Capital Bikes and the renter of the bicycle(s). The renter hereinafter to be referred to as “lessee”. The rental location is only the mediator for the rental Agreement.
1. the lessee must return the bicycle(s) on the return date stated on the rental contract, in the same condition in which it was received, including all accessories (registration and other papers, and any other documentation issued with the bike as well as the keys.) Should the lessee return the bicycle(s) after the rental contract has expired, the lessee is obligated to pay the rent of any additional days in accordance to the rate of the rental location.
2. the lessee is obligated to return the rented bicycle(s) to the same location as where the rental agreement was established.
3. the lessee may not lend or rent the bicycle(s) to any other third partie(s).
4. the lessee must use the bicycle with due care. The lessee is liable for all costs, imposed fines supplemented by a contribution to administrational costs and any further financial or other consequences as a result of breaches of road traffic legislation or other legislation while using the bicycle.
5. the lessee is at all times obligated to lock the bicycle(s) using the supplied ring lock and the associated chain lock if the bicycle is left unattended and/or not being used.
6. Capital Bikes cannot be in any way held liable for any loss and/or damages suffered by the lessee during the use of the bicycle(s). Capital Bikes cannot be in any way held liable for any loss and/or damage to the lessee caused by third parties during the use of the bicycle(s). If negligence of Capital Bikes is demonstrated by the lessee, the lessee can claim an amount that is equal to the maximum amount the business liability insurance of Capital Bikes will pay.
7. the lessee is obligated to notify Capital Bikes, the rental location and the Police immediately in case of an accident, loss or theft. In case of loss or theft a police report will always have to be made.
8. the lessee is obligated to give Capital Bikes the cooperation that shall be requested to defend themselves with regard to any third-party claims.
9. If the bicycle(s) has suffered damage or is lost during the rental period stated on this contract, the lessee shall be liable for the cost of a new bicycle(s) and all costs and or losses incurred by Capital Bikes (this shall also include loss of profits). The lessee shall be held liable for the total costs and damages incurred by Capital Bikes:
- If the loss was due to an intentional act or gross negligence of the lessee, user or any other person regarding to whom the lessee is liable by virtue of this contract or the law;
- If the loss was due to transporting hazardous substances;
- If the lessee has failed to return the key;
- If the loss was due to improper use of the bicycle;
- If the loss was due to non-compliance with any other provision of the rental contract, including these General terms and conditions.
10. Personal property (such as luggage) is never insured. The lessee is responsible for proper insurance.
11. The lessee must immediately pay the following amounts to Capital bikes:
a.1. € 750,00 per bicycle if a VANMOOF bicycle(s) is left anywhere other than the rental location after determination of the rental contract. This amount is also due for payment if a bike is missing or stolen.
a.2. € 450,00 per bicycle if an UNION bicycle(s) is left anywhere other than the rental location after determination of the rental contract. This amount is also due for payment if a bike is missing or stolen.
a.3. € 1450,00 per bicycle if an UNION E-Bike is left anywhere other than the rental location after determination of the rental contract. This amount is also due for payment if a bike is missing or stolen.
a.4. € 600,00 per bicycle if a Roetz Ladies Bike is left anywhere other than the rental location after determination of the rental contract. This amount is also due for payment if a bike is missing or stolen.
b. one day rental fee shall be charged if the lessee does not lend the bicycle or cancels the rental agreement without prior notice.
c. € 25,00 shall be charged if bicycle keys are lost.
d. € 35,00 if ring lock has been cut by township in order to remove bicycle due to wrong parking.
e. € 50,00 if chain lock has been cut by township in order to remove bicycle due to wrong parking.
f. € 75,00 for pick up at alternate location plus removal fee if removed by local township
g. the lessee shall owe the replacement value , that is the cost mentioned at 11.a1 to 11.a3 for the bicycle if the bicycle is lost or stolen.
h. All costs for repairs as indicated on “prices of damaged bikes” available at the rental location or Capital Bikes office. Costs are in accordance to the prices determined by the Dutch Bicycle Organization “Bovag”.
Should the obligations not be complied with as described in these terms and conditions, the lessee shall owe an amount for additional administration costs as well as possible compensation with a minimum of € 750,00 and € 1450,00 for e-bikes
13. The use of little children seats is always at own risk. Children seats delivered by Capital Bikes are only to be used for children between 1 to and including 5 years old and with a maximum weight of 20KG. Children of 6 years and older and/or weighing more than 20KG are forbidden to use children seats
14. A maximum of one person is allowed per bike. Should a front wheel carrier and/or rear wheel carrier be available on a bike than it is not allowed to sit or stand on the carrier.
15. Capital bikes shall at all times be entitled to demand security for the payment and/or credit card authorization before concluding and/or extending a rental contract. Should the payment of amounts owed to Capital bikes be made by credit card, the lessee shall authorize the rental location to collect any payments referred to in these general Terms and conditions by means of the relevant credit card by signing this rental contract on behalf of Capital Bikes. If no credit card has been listed on the rental form than Capital Bikes is authorized to use the credit card given to the rental location for guarantee of payment. The rental location is authorized to charge the credit card for any costs related to these terms and conditions on behalf of Capital Bikes.
16. The lessee shall be deemed in default by operation of law if the payment obligations defined in the contract and these terms and conditions are not met. In that case the lessee shall owe interest without further notice of default being required, which shall equal the legal interest rate on an annual basis, where any part of the month shall be deemed to be a full month. The lessee shall in such case, also owe extra judicial costs amounting to 15% of the principal sum, where a minimum of € 125,00 shall apply. The aforementioned does not preclude the right of Capital Bikes to claim any further costs or damages that have actually been incurred.
17. Capital Bikes shall hold personal data relating to the lessee, while observing applicable privacy legislation.
18.1 The agreements and rights and duties laid down in the rental contract and these terms and conditions are subject to Dutch law.
18.2 Disputes arising from or related to the rental contract shall exclusively be tried by the competent Court of Amsterdam