TERMS AND CONDITIONS

 

Article 1. TERMS AND VALIDITY OF TERMS AND CONDITIONS

Cycle Center: V.O.F. Cycle Center established 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 enter into a resale agreement with a third party, she is bound to agree the same guarantees and conditions with this third party as mentioned in these terms and conditions. Failing this, these conditions also have validity vis-à-vis this third party, or at least any disadvantage resulting from the absence of these guarantees shall be at the customer's expense and risk. Bicycle: bicycle(s) (whether or not motorized) and/or any other goods made available by Cycle Center (including helmet, lock, chain, repair kit, tools, bag, etc.). 

These general conditions are applicable to all agreements and/or work provided by Cycle Center to the customer, including any supplementary agreements. Should one or more provisions of these terms and conditions be annulled or void, this shall not affect the validity of the remaining provisions. Cycle Center explicitly rejects any general terms and conditions used by the customer. Cycle Center is authorized to unilaterally amend these general terms and conditions. 

Article 2. AGREEMENT AND CONFORMITY

Offers by Cycle Center are without obligation, unless otherwise indicated in writing in the offer. The customer guarantees the accuracy and completeness of data provided to Cycle Center, on which Cycle Center bases its offer. Offers or quotations do not apply to future orders. Obvious errors or mistakes on the website, offers or publications do not bind Cycle Center. The agreement is concluded after Cycle Center's offer has been accepted in writing.

Article 3. DURATION OF THE (RENTAL) AGREEMENT 

In the case of a rental agreement, the agreed rental period shall run between the time of commencement and the time of return as stated in this agreement. Other agreements are also entered into for a period equal to the period stated in the agreement. For the sale and delivery of goods, a transfer for an indefinite period is agreed in principle. Extension of the rental period may only take place after permission from Cycle Center and at the applicable (extension) rates. Premature return of bicycles shall terminate the rental agreement without entitlement to any reduction of the rent. 

Bicycles must be returned to Cycle Center's business address no later than at the agreed time. If the original or extended rental period is exceeded by more than 15 minutes because the bicycles have not been returned on time, the rental shall continue until the time the bicycles are received by Cycle Center plus a penalty of €20.00 per bicycle for each day (of which a part of a day shall be considered a full day) that the bicycles are received late, without prejudice to the obligation to compensate Cycle Center for any damage suffered. Without prejudice to the provisions of the previous paragraph, Cycle Center is in such cases entitled to declare the (rental) agreement terminated without judicial intervention and to demand the return of the bicycles without delay or to take them back regardless of where and with whom the bicycles are located. Cycle Center also has this authority if the customer fails to comply with any other terms of the rental agreement.

Article 4. PRICES AND COSTS

Prices and amounts stated in offers and agreements are in Euros and include VAT, unless explicitly stated otherwise. If during the execution of the agreement the prices of external parties involved in the execution of the agreement change, Cycle Center is entitled to change prices in the interim. If the execution of work is hindered or delayed through no fault of Cycle Center, Cycle Center is entitled to charge the associated costs to the Customer. Additional or less work shall be settled according to the prices and agreements agreed between Cycle Center and Customer. All charges, fines and taxes relating to the bicycles in a rental period shall be borne by the Customer. Similarly, all costs related to the use (as well as defects realized by the Customer) thereof shall be borne by the Customer, such as storage costs, repair of flat tyres or replacement of light bulbs. Normal maintenance and repairs as a result of wear and tear shall be at Cycle Center's expense, provided prior approval has been given by Cycle Center and a receipt with VAT entry can be submitted. A scooter or moped must be returned with a full tank at all times; if this is not possible, an additional charge of €10.00 per vehicle applies, not including the fuel used.

Article 5. CHANGES AND CANCELLATIONS

The following conditions and exceptions apply to changing or canceling a booking. 

Bad weather guarantee: Cycle Center offers its customers a bad weather guarantee. Cancellations can then only be made by phone before 17:00 the day before the reservation. Bad weather is defined as: 60% chance or more of precipitation or a temperature lower than 5 degrees Celsius according to "Google weather" at the place of use. Use of the bad weather guarantee is possible for reservations of up to 8 people. When packages are booked (i.e.; all (potentially purchased) services other than renting two-wheelers or accessories), the cancellation time of the bad weather guarantee changes to 72 hours before the start of the rental period.

When booking 8 two-wheelers and more, or when the above-mentioned matters do not apply, the general cancellation conditions below apply;

for a booking of up to 8 bicycles you can cancel free of charge up to 7 days before the start of the rental period, for a booking of 8 to 20 bicycles you can cancel free of charge up to 14 days before the start of the rental period, for a booking of more than 20 bicycles you can cancel free of charge up to 2 months before the start of the rental period.

If you cancel later than the above-mentioned periods, a compensation will apply, depending on the occupancy and cancellation time, varying from 25% to 100% of the programme costs and will be determined by Cycle Center.

Any exceptions to the changes and cancellation policy will be determined by mutual agreement before a reservation is recorded as "final". Exceptions to the policy in this article will be recorded in writing.

Article 6. PROCESSING OF PERSONAL DATA

Insofar as Personal Data is processed as part 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 deposit and/or a guarantee from the customer. The customer is not entitled to suspend payment of Cycle Center's invoices or to set them off on any account whatsoever. 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, shall lead to discharge of the customer. If payment is not made within the set period, the customer shall be in default by operation of law, without any summons or notice of default being necessary, and the customer shall owe interest of 1% per month. In case of late payment, extrajudicial collection costs are also due, which are calculated in accordance with the Dutch Extrajudicial Collection Costs Standardisation Act and its Decree. 

If the Customer is unable to use the rented property for any reason whatsoever, Cycle Center shall bear no liability for any resulting costs and damages. In the case referred to in the previous paragraph, the Customer remains obliged to pay the full rent and any other amounts specified in the (ex) invoice, unless he can demonstrate with regard to the rent by means of images, that the inability to use the rented goods was a consequence of a defect already present at the start of the rental period. Such a demonstration should be made no later than 2 hours after the bicycles or related materials were made available.

Article 8. USE / LIABILITY

Cycle Center cannot be held liable for any damage, which is a direct or indirect result of: an event, which is in fact beyond its control and thus cannot be attributed to its actions and/or omissions; any act or omission by the customer, its subordinates, or other persons employed by or on behalf of the customer. 

Cycle Center is not liable for damage, of any nature whatsoever, as a result of Cycle Center having relied on 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) named in the rental agreement. After use, the bicycles must be returned in the state in which they were received; normal soiling by rain and/or mud will be accepted by Cycle Center. Neither Cycle Center itself, nor those who work there and/or its auxiliaries are liable vis-à-vis the customer for any consequential or indirect damage. Cycle Center is not liable for damage caused by the Customer or third parties called in by it not fulfilling their obligations. Should Cycle Center be liable for any damage, Cycle Center's liability shall be limited to the invoice amount, or at least to a maximum of that part of the agreement to which the liability relates. Rights of action and other powers of the Customer on any account whatsoever vis-à-vis Cycle Center shall in any case lapse after the expiry of six months from the moment when a fact occurs that allows the Customer to exercise these rights and/or powers vis-à-vis Cycle Center. Customers must take good care of the rented object and are obliged to take note of the technical and safety instructions. This instruction can be communicated to the customer either personally or digitally. Thus, the hirer must take all precautions against damage, loss or theft. Under no circumstances may the bicycles be used in areas with loose sand, such as on beaches and dunes if paved paths/roads cannot be used, unless expressly agreed in writing. When using two-wheeled sports bikes such as mountain bikes and racing bikes, wearing a proper helmet is compulsory. Cycle Center does not accept any liability as a result of the driver not wearing a proper helmet. Driver is deemed to know the law of the country in which he/she is using the rented bicycle and must follow all rules. Cycle Center does not accept any liability as a result of not following the law.

Article 9. DAMAGE, INSURANCE AND BREAKDOWN EN ROUTE

Rented bicycles are not insured for theft or hull damage. The customer is fully liable for damage to or loss of rented bicycles until a Cycle Center employee takes them back, at amounts determined by Cycle Center according to normal standards, unless mentioned in the rental contract under the current market value. Damage to third parties caused with and/or on a rented and registered bicycle is insured, except for the customer's own risk of € 500.00 per claim.  Taking back and/or returning the deposit does not release the customer from his obligation to pay compensation for damage caused during his rental period. 

Breakdown service: if a customer experiences breakdowns on the road (meaning: a problem that makes the bike unrideable) and this problem is the result of misuse or not correctly following instructions (card or video), Cycle Center is allowed to recover the costs incurred from the customer. The breakdown service (depanny service) shall, if no explicit agreements have been made about this beforehand, only be offered in the South Limburg region.

Article 10. RECALLS

Complaints about goods/services/work delivered by Cycle Center must be submitted in writing to Cycle Center within 8 days after delivery, failing which the customer shall be deemed to have accepted the goods/services/work delivered. Complaints regarding an invoice must be brought to Cycle Center's attention in writing within 8 days of the invoice date. After expiry of that period, the customer is deemed to have accepted the invoice.

Article 11. APPLICABLE LAW

The legal relationship between the parties is governed by Dutch law. Disputes shall be settled exclusively by the competent court of Cycle Center's place of business. 

 

Revision date: 1-5-2023 Cycle Center ©