CYCLE CENTER TERMS AND CONDITIONS PER JANUARY 2019
Article 1. CONCEPTS AND VALIDITY CONDITIONS
Cycle Center: V.O.F. Cycle Center located in Valkenburg and registered with the Chamber of Commerce under number 14049259.
Customer: the party with whom Cycle Center has entered into an agreement. Customer is also understood to mean the party who in turn proceeds to re-letting or contracting with third parties within the legal relationship with Cycle Center. If the Customer proceeds to conclude a re-agreement with a third party, then it is obliged to agree the same guarantees and conditions with this third party as mentioned in these conditions. In the absence thereof, these conditions also apply to this third party, or at least some disadvantage as a result of the absence of these guarantees is for the account and risk of the Customer.
Bicycle: bicycle (s) (motorized or not) and / or any other goods made available by Cycle Center (including helmet, lock, chain, repair kit, tools, bag, navigation system, etc.) ".
These general terms and conditions apply to all agreements and / or work that Cycle Center provides
to the Client. This including any additional agreements.
If one or more provisions of the present conditions are annulled or are invalid, this does not affect the
validity of the other provisions.
Cycle Center explicitly rejects the general terms and conditions used by the Customer.
Cycle Center is authorized to change these general terms and conditions unilaterally.
Article 2. AGREEMENT AND CONCLUSION
Offers from Cycle Center are without obligation, unless otherwise stated in writing in the offer. Customer guarantees the accuracy and completeness of information provided to Cycle Center, on which Cycle Center bases its offer. Offers or quotations do not apply to future assignments. Obvious errors or mistakes on the website, offers or publications do not bind Cycle Center. The agreement is concluded after the offer from Cycle Center has been accepted in writing.
Article 3. DURATION OF THE (RENTAL) AGREEMENT
In the case of a lease, the agreed rental period runs between the time of commencement and the time of surrender as stated in this agreement. Other agreements have also been entered into for a period equal to the period specified in the agreement. For the sale and delivery of goods, in principle, a transfer is agreed for an indefinite period. The rental period can only be extended with the permission of Cycle Center and at the applicable (extension) rates. Interim delivery of bicycles terminates the lease without the right to any reduction in the rent. Bicycles must be returned to the Cycle Center location address at the agreed time at the latest. If the original or extended rental period is exceeded by more than 15 minutes because the bicycles have not been returned on time, the rent continues until the cycle is received by Cycle Center plus a fine of € 20.00 per bicycle for each day (of which a part of a day is considered a full day) that the bicycles are received too late, without prejudice to the obligation to compensate Cycle Center for damage suffered. Without prejudice to the provisions of the previous paragraph, Cycle Center in that case has the right to declare the (rental) agreement dissolved without judicial intervention and to demand immediate return of the bicycles or to take them back regardless of where and with whom the bicycles are located.
Cycle Center also has this authority if the Client does not comply with any other condition of
Article 4. PRICES AND COSTS
Prices and amounts stated in quotations and agreements are in Euros and include VAT, unless explicitly stated otherwise. If during the performance of the agreement the prices of external parties involved in the implementation of the agreement change, Cycle Center is entitled to change the prices in the interim. If the execution of work is prevented or delayed through no fault of Cycle Center, Cycle Center is entitled to charge the associated costs to the Client. More or less work will be settled according to the prices and agreements agreed between Cycle Center and the Customer. All charges, fines and taxes in respect of the bicycles in a rental period are at the expense of the Client. Similarly, all costs associated with its use are for the account of the Customer, such as storage costs, repair of flat tires or replacement of bulbs. Normal maintenance and repairs as a result of wear and tear are for the account of Cycle Center, provided Cycle Center has given its prior approval and a receipt with VAT mention can be submitted. A scooter or moped must always be returned with a full tank; If this does not work, a surcharge of € 10.00 per vehicle applies.
Article 5. CHANGE AND CANCEL
Cycle Center offers its customers a bad weather guarantee. You can cancel by phone until 5:00 PMthe day before the reservation. Bad weather means: 60% chance or more of precipitation or a temperature lower than 5 degrees Celsius according to "Google weather" at the relevant place of use. Arrangements can be canceled up to 72 hours before the start. For groups of 8 two-wheelers or more, the following general cancellation conditions apply. If the Client wishes to change or cancel without the bad weather guarantee applying, the general cancellation conditions apply: with groups up to 8 two-wheelers you can cancel free of charge up to 7 days before the start of the rental period, for groups of 8 to 25 two-wheelers you can cancel free of charge up to 14 days before the start of the rental period, for groups larger than 26 two-wheelers you can cancel free of charge up to 3 months before the start of the rental period. If canceled later than the mentioned periods, a fee applies that depends on occupancy and cancellation time ranging from 25% to 100% of the program costs.
Article 6. PERSONAL DATA PROCESSING
Insofar as Personal Data are processed in the context of the performance of the work, this Personal Data will be processed in a proper and careful manner and in accordance with the General Data Protection Regulation. Technical and organizational measures will be taken to protect the Personal Data against loss or any
other form of unlawful processing, taking into account the state of the art and the nature of the processing.
Article 7. PAYMENT
The payment term is fourteen days after the invoice date, unless explicitly agreed otherwise. Cycle Center may require a down payment on amounts to be paid by Customer. Cycle Center may also require a guarantee from the Customer. The customer is not entitled to suspend payment of the invoices from Cycle Center or to settle them for whatever reason. Only payments made by transfer to the bank or giro account in the name of Cycle Center, or payment in cash or debit card transactions, lead to the discharge of the Customer. If payment is not made within the specified period, the Client will be in default by operation of law, without any summons or notice of default being required, and the Client will owe interest of 1% per month.
In the event of late payment, extrajudicial collection costs are also due, which are calculated in accordance with the Extrajudicial Collection Costs Standardization Act and the corresponding Decree. If the Customer cannot use the rented property for whatever reason, Cycle Center bears no liability for the resulting costs and damages.
In the case referred to in the previous paragraph, the Client remains obliged to pay the full rent and any other amounts stated in the bill, unless he demonstrates with regard to the rent that the non-use of the rented goods was a consequence of a defect that was already present at the start of the rental period.
Article 8. USE / LIABILITY
Cycle Center cannot be held to compensate for any damage that is a direct or indirect consequence of: an event that is in fact beyond its control and therefore cannot be attributed to its actions; any act or negligence on the part of the Client, his subordinates, or other persons employed by or on behalf of the Client. Cycle Center is not liable for damage of any nature whatsoever, because Cycle Center has assumed incorrect and / or incomplete information provided by the Customer.
The bicycles may only be used in accordance with their normal purpose by the rider (s) referred to in the rental agreement or intended. The bicycles must be returned after use in the condition in which the bicycles were received; normal pollution due to rain and / or mud is accepted by Cycle Center. Neither Cycle Center itself, nor those who work there and / or its assistants are liable towards the Client for any consequential or indirect damage. Cycle Center is not liable for damage caused by the Customer or third parties engaged by it not having met their obligations. If Cycle Center should be liable for any damage, then the liability of Cycle Center is limited to the invoice amount, at least to that part of the agreement to which the liability relates. Claim rights and other powers of the Customer against Cycle Center on whatever grounds will in any case expire after six months have elapsed from the moment when a fact occurs that the Customer can use these rights and / or powers against Cycle Center. The customer must take care of the rented property with due care. For example, the renter must take all precautionary measures against damage, loss or theft. The bicycles may under no circumstances be used in areas with loose sand, such as on the beach and dunes if paved paths / roads cannot be used, unless explicitly agreed in writing. For mountain bike rental, wearing a decent helmet by the Cycle Center is mandatory. Cycle Center
does not accept any liability as a result of the driver not wearing a proper helmet. The customer remains liable for theft and damage to the rented bicycles until Cycle Center (in the case of transport) receives the bicycles. Driver is expected to know the law of the country in which he / she uses the rented bicycle and must
follow all rules. Cycle Center does not accept any liability as a result of non-compliance with the law.
In our neighboring countries, Belgium and Germany, for example, wearing a good moped helmet is
also compulsory for moped and scooter moped riders.
Article 9. DAMAGE, LOSS AND THEFT
Rented bicycles are not insured for theft or hull damage. Customer is liable for damage to or loss ofrented bicycles, against amounts determined by Cycle Center to normal standards, unless stated in the rental contract under the current value. Damage to third parties caused by a rented motorized bicycle is insured, with the exception of the Client's deductible of € 200.00 per claim. Collection and / or deposit refund does not indemnify Customer from his obligation to compensate for damage caused during his rental period.
Clames about goods / services / activities supplied by Cycle Center must be submitted in writing toCycle Center within 8 days of delivery, failing which the Client will have accepted the delivered goods/ services / activities. Clames with regard to an invoice must be notified to Cycle Center in writing within 8 days after the invoice date. After the expiry of that period, the Client is deemed to have accepted the invoice.
Article 11. APPLICABLE LAW
Dutch law applies to the legal relationship between parties.Disputes will only be settled by the competent court of the Cycle Center location.