The Terms and Conditions

 

The General Terms and Conditions
Original & Deluxe 7

  1. Definitions

In the below General Terms and Conditions, the stated terms will have the following meaning:

Subscription:

the agreement between MiBike LLC and the Rental Customer for the use of the Bicycle by the Rental Customer, as well as any other agreement between MiBike LLC and the Rental Customer;

General Terms and Conditions: 

these general terms and conditions of MiBike LLC that apply to any Subscription;

End Date:

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

Bicycle:

bicycle made available by MiBike LLC to the Rental Customer under the Subscription for use by the Rental Customer in accordance with the General Terms and Conditions;

Rental Customer:

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

Unjustified

has the meaning given to it in Article 5.4;

MiBike LLC:

MiBike LLC B.V., having its registered office in Amsterdam and its principal place of business at Amsteldijk 216, 1079 LK Amsterdam, Chamber of Commerce number 65958713;

MiRepairs:

allowed to have copies made of the key or to have more than one key in their possession, also on account of the risk of theft. A key that was previously reported lost that is recovered must immediately be returned to MiBike LLC.


  1. Applicability

2.1 These General Terms and Conditions apply to any Subscription between MiBike LLC and the Rental Customer.
2.2 Arrangements between MiBike LLC and the Rental Customer varying from or supplementary to these General Terms and Conditions will be valid only if they have been explicitly confirmed in writing via e-mail by a regional manager of MiBike LLC.
2.3 All amounts stated by MiBike LLC include VAT.

  1. Subscription

3.1 The Rental Customer will have a Bicycle at their disposal for the term of the Subscription. 3.2 Under the Subscription, the Rental Customer is entitled to free MiRepairs (please refer to Article 5 for more details). This is understood to mean:

  • free of charge repairing of defects to the Bicycle caused by wear and tear and normal use of the Bicycle. Examples of such defects include a flat tire, a broken chain or chain guard, a torn saddle and broken lighting.
  • if necessary, free of charge exchanging of the Bicycle within the limits of the city where MiBike LLC operates.


3.4 MiBike LLC always has a spare key to the Bicycle. If the key gets lost or damaged, the Customer must request a new key from MiBike LLC. The costs involved amount to USD 15 per key.
3.5 The Rental Customer will not be allowed to have copies made of the key or to have more than one key in their possession, also on account of the risk of theft. A key that was previously reported lost that is recovered must immediately be returned to MiBike LLC.
3.6 The Bicycle may contain advertisements. The Rental Customer must immediately contact MiBike LLC if the advertisement has been damaged or if an advertisement completely disappears from the Bicycle.

  1. Conditions

4.1 The Rental Customer makes normal use of the Bicycle and takes due care of the Bicycle. 4.2 The Bicycle is intended exclusively for personal use by the Rental Customer. 4.3 The Rental Customer must have a MiBike Account. 4.4 The Bicycle will always remain the property of MiBike LLC. The Rental Customer will not be allowed to create or grant any security interest or other right in respect of the Bicycle for a third party’s benefit. 4.5 The Rental Customer will be personally liable for compliance with the General Terms and Conditions. 4.6 The Rental Customer will be responsible for passing on changes to the data known to MiBike LLC, such as a new address, in good time. 4.7 The Rental Customer 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 legally binding contracts to be able to subscribe for a MiBike LLC. Minors may subscribe under the supervision of an adult.

  1. MiRepairs

5.1 MiBike LLC aims to Repair a Bicycle within 48 hours after the Customer has contacted MiBike LLC by telephone, via e-mail, WhatsApp or the MiBike LLC App and the bike has been retrieved by a MiBike specialist. MiRepairs take place by appointment with the Customer. 5.2 If this target time is not achieved, the Rental Customer cannot claim any compensation or payment. 5.3 MiRepairs will only take place in case of a defect, loss or theft of the Bicycle, and only within the city limits in which MiBike LLC is active. 5.4 If the Rental Customer unjustly requests a Repair (an ‘Unjustified MiRepair’), MiBike LLC will be entitled to charge 20USD in call-out charges. If the Rental Customer fails to appear at an appointment that was made for MiRepairs, this will also be regarded as an Unjustified MiRepair. 5.5 When MiBike LLC exchanges a Bicycle, the Rental Customer will transfer the Bicycle to MiBike LLC including the corresponding key.

  1. Term of the Subscription and cancellation

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 based on the monthly rate. 6.3 The cancellation period of the Subscription is one month. From the day that the written cancellation of the Subscription by the Rental Customer has been received by MiBike LLC via e-mail, the Subscription will continue for one more month, which means that the Subscription ends one month after the day on which MiBike LLC has received the cancellation (the ‘End Date’). 6.4 After cancelling the Subscription, the Rental Customer will be entitled to use the Bicycle and will be obliged to pay the costs of the Subscription until the End Date. 6.5 The Rental Customer must hand in the Bicycle and the key to MiBike LLC on the End Date at the latest. 6.6 If the Rental Customer hands in the Bicycle before the End Date, this will end all rights of the Rental Customer under the Subscription, without prejudice to the Rental Customer’s obligation to pay the full Subscription costs until the End Date. 6.7 Before the Bicycle has been handed in to MiBike LLC, the Rental Customer may reverse the cancellation at any time and reactivate the Subscription by sending an e-mail to MiBike LLC. 6.8 In the event that the Customer would like to take out a new Subscription within six months after the End Date of the Subscription, they will owe an amount of USD 60 in start-up costs for this. 6.9 If the Bicycle has not been transferred to MiBike LLC by the Rental Customer on the End Date at the latest, the Rental Customer will owe a penalty of USD 5 for each day until the Bicycle has as yet been transferred to MiBike LLC or the Subscription has been reactivated, this subject to a maximum of seven days. 6.10 If the Bicycle has not been transferred to MiBike LLC within seven days of the End Date and the Subscription has not been reactivated, MiBike LLC will report a theft by the Rental Customer. In that case, the Rental Customer will also be obliged to compensate MiBike LLC for the loss suffered, which will be established for each type of Subscription and can be found in Table 1, without prejudice of the right of MiBike LLC to request full compensation of the loss suffered by it, to the extent that it exceeds the sum of the established compensation, depending on the type of Subscription. 6.11 The Renter is aware that the Bicycle could be owned by a leasing company. If the Bicycle is owned by a leasing company, the Renter will be obliged, on the leasing company’s demand, to either hand in the Bicycle to the leasing company (subject to reimbursement for the remainder of the rental period) or to be discharged from their obligations by paying the leasing company the future rent, as the leasing company may choose.

Type of Subscription

Established compensation

The Dutchman

USD 350

 

 


Table 1: Amount of compensation for each type of Subscription

  1. Theft or loss

7.1 Always it is the Rental Customers responsibility to ensure the Bicycle is locked properly in a secure area. 7.1.1 In the event of the loss or theft of the Bicycle, the Rental Customer will be obliged to report this to MiBike LLC within 24 hours, and to report this loss or theft to the police together with an employee of MiBike LLC. In that event, the Rental Customer will owe an excess, which is different for each type of Subscription. The applicable excess for each type of Subscription is included in Table 2. After the report has been completed, the Rental Customer will receive a replacement Bicycle from MiBike LLC.

Type of Subscription

Established excess

The Dutchman

USD 399

 

 


Table 2: Amount of excess for each type of Subscription  

7.2 If the Rental Customer does not, or not in good time, report a loss or theft of the Bicycle, the Rental Customer will owe MiBike LLC the compensation established in Table 1. 7.3 In order to prevent incidents such as loss, theft and damage, the Bicycle must always be locked. Where possible, the Bicycle must be secured to an object. 7.4 If the Bicycle is not locked/secured and an incident occurs, including vandalism, loss or theft, the Rental Customer will owe a negligence surcharge. This sum will be in addition to the excess and can be found in Table 3, depending on the type of Subscription.

Type of Subscription

Established negligence surcharge

Original Subscription

USD 100


Table 3: Amount of negligence surcharge for each type of Subscription

7.5 If a missing or stolen Bicycle is recovered within the term of the Subscription, the Rental Customer will be credited no more than the excess paid. MiBike LLC will determine this amount based on the condition of the Bicycle and any other costs. 7.6 If it turns out that the Rental Customer has provided incorrect information that disadvantages MiBike LLC, MiBike LLC will be entitled to add an unfairness surcharge of USD 100. This amount will be in addition to the excess and any negligence surcharge. 7.7 If parts of the Bicycle are missing or stolen, MiBike LLC will be entitled to charge this to the Rental Customer up to the amount of the excess at most. A price list of the parts of each type of Bicycle and Subscription may be requested from MiBike LLC. 7.8 If the Bicycle has been removed by the municipality, the Rental Customer will have a minimum of three days to collect the Bicycle from the municipal bicycle depot. Any costs for obtaining the Bicycle or other costs will be payable by the Rental Customer. If the Bicycle is removed by the municipality, this will be regarded as an Unjustified MiRepair. After the Bicycle has been available at the depot for a minimum of three days, MiBike LLC will collect the Bicycle and will contact the Rental Customer to deliver a new Bicycle. MiBike LLC will be entitled to charge costs for this to the Rental Customer, such as any costs for obtaining the Bicycle and the costs of an Unjustified MiRepair.

  1. Damage

8.1 The Rental Customer will report damage to the Bicycle caused by vandalism to MiBike LLC within 24 hours. 8.2 In the event of damage and wear and tear to the Bicycle other than what can be expected from normal use, such at the discretion of MiBike LLC, MiBike LLC reserves the right to recover the associated costs from the Rental Customer. 8.3 If there is any damage caused by the contributory fault or fault of a third party, the Rental Customer will be obliged to submit to MiBike LLC 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 https://ridemibike.com/pages/contact-us. If the contact details of the third party are not submitted, the damage will be charged to the Rental Customer.

  1. Payments

9.1 When taking out a Subscription, the Rental Customer will also be obliged to give a direct debit mandate to have the monthly Subscription costs and other costs owed debited to the stated MiBike Account. 9.2 In the event of additional costs charged, such as the excess and surcharges, MiBike LLC will be entitled to first require payment thereof before providing a new Bicycle to the Rental Customer. If the Rental Customer indicates that they can pay the outstanding amount and this turns out not to be the case, this constitutes an Unjustified MiRepair, and costs may be charged for this. 9.3 If Subscription costs or other costs cannot be debited or are wrongly reversed, the Rental Customer will be in default by operation of law. In that case, the Rental Customer will receive a demand to pay the amount due within fourteen days. MiBike LLC may engage a collection agency if the amount due has not been paid within the period of fourteen days. All additional administrative costs and extrajudicial collection costs will be payable by the Rental Customer.

  1. Liability

11.1 If the Rental Customer puts a Bicycle into use, this will be construed as evidence that it functions properly and does not show any defects. 11.2 If the Rental Customer doubts the safety of the Bicycle, they must immediately contact MiBike LLC. 11.3 The Rental Customer uses the Bicycle at their own risk. 11.4 MiBike LLC will not be liable for any damage or harm suffered by the Rental Customer as a result of using the Bicycle, save in the case of willful conduct or gross negligence on the part of MiBike LLC. 11.5 The Rental Customer will be responsible for communicating any defects and/or damage to the Bicycle in good time. 11.6 the Rental Customer is advised to always ride on specified bike paths or roads deemed safe for bicycling, taking the bike “off road” or into “unsafe biking conditions, will be seen as a breach of contract. 11.7 The Rental Customer is advised to always following local bicycling law, including but not limited to, use of hand signals, helmets, lighting for day and night riding, …

 

  1. Change

12.1 MiBike LLC reserves the right to change the costs of a Subscription. Changes will be communicated to the Rental Customer via e-mail at least two months before the effective date. 12.2 Changes in the General Terms and Conditions will be communicated at least one month before the effective date by means of an announcement on the website www.MiBike LLC.nl and an e-mail to the Rental Customer. 12.3 MiBike LLC will always be entitled to transfer its claims against the Rental Customer, of any nature whatsoever, to third parties. 12.4. The Rental Customer may change the Subscription into a more expensive Subscription free of charge, in which case MiBike LLC will make an appointment and arrange the exchanging of the Bicycle for a Bicycle that is in line with the new Subscription. If the Rental Customer wishes to downgrade their Subscription within six months of commencement of a Subscription, MiBike LLC will be entitled to charge the costs of an Unjustified MiRepair for this.

  1. Failure to fulfil obligations

13.1 MiBike LLC will be entitled to terminate the Subscription with immediate effect, either wholly or partially, or to cancel the Subscription by means of a written notice to the Rental Customer if:

  • the Rental Customer fails to fulfil their obligations under the Subscription;
  • the Rental Customer 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 Rental Customer or if they are put into bankruptcy or liquidation;
  • the Rental Customer is placed under guardianship or is allowed to participate in the debt restructuring scheme for natural persons;
  • the Bicycle or other goods of the Rental Customer are attached, and this negatively influences the fulfilment of their obligations under the Subscription;
  • the Rental Customer, in the opinion of MiBike LLC, abuses the service offered by MiBike LLC;
  • the Rental Customer deliberately provides incorrect information to MiBike LLC, or
  • the Rental Customer otherwise should no longer be deemed able to fulfil the obligations under the Subscription.

13.2 The Rental Customer has the right to immediately terminate the Subscription if MiBike LLC has repeatedly and/or seriously failed to fulfil its obligations described in the General Terms and Conditions.

  1. Privacy

14.1 MiBike LLC 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.RIDEMIBIKE.COM. Questions or remarks in this regard may be addressed AT https://ridemibike.com/pages/contact-us

 

  1. Applicable law. Disputes

15.1 California 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 California.  


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