Art. 2. Rental fee The rental fee (the 'Rent') is defined in accordance with the Lessor’s current price list at the moment of entering into the rental agreement. The Price List is deposited and available for inspection by the Lessee at the branch offices of the Lessor.
Art. 3. Payment In solemn acceptance and execution of the Rental Agreement, the Lessee expressly consents to the ensuing payment terms:
- Payment Method: The Rent and associated charges, as detailed in the invoice, are to be paid by Debit/Credit Card at the branch offices unless an alternative payment arrangement has been agreed upon in writing.
- Reservation Deposit: A pre-agreed amount specified in the Rental Agreement will be reserved on the Credit Card for each e-bike (€250 deposit) and e-cargo bike (€500 deposit) rented. This reservation is solely for securing the rental and covering potential damages. No reservation deposit is required for regular bike rentals, tandems or cargo bikes.
- ID Verification: For every bike rental, the Lessee's ID document number will be verified for record-keeping purposes.
- Cash Payment: In the event that payment by Credit/Debit Card is not feasible, the Lessee may make the payment in cash at the shop of Het Zwarte Fietsenplan/Black Bikes.
- Guarantee: The contractually agreed guarantee is utilized to cover payment for all amounts owed under the rental agreement by the Lessee to the Lessor.
- Waiver of Liability: The Lessor waives all liabilities, claims, and damages caused by the inability of the Lessee to use or make use of the rented bicycle(s).
- Cancellation Policy: In the event of cancellation with at least 48 hours' notice, the Lessee is eligible for a full refund or rental credit. Cancellation requests must be submitted via email to reservations@black-bikes.com.
Art. 4. Hire Period The Hire Period outlines the duration of the bicycle rental, and various conditions govern its commencement, termination, and potential extensions. It is crucial for the Lessee to adhere to the specified terms to ensure a smooth rental experience.
- Commencement of Hire Period: The hire period begins at the specified start time outlined in the rental agreement.
- Return of the Bicycle(s): The hire period concludes upon the return of the rented equipment, as specified in the rental agreement (the 'Hire Period'). The Lessee is responsible for adhering to the agreed-upon return date and time.
- Extension of Hire Period: Extension of the Hire Period is permissible only with the explicit permission of the Lessor and is subject to the payment of the applicable extension fees, as specified under the terms of the agreement.
- Early Return: Early return of the bicycle(s) terminates the rental agreement. However, it does not entitle the Lessee to any discount or refund on the contractual or extended Hire Period Rent.
- Return Deadline: The Lessee is required to return the bicycle(s) no later than the date specified in the rental agreement.
- Failure to Return: If the Hire Period or the agreed extension expires without the bicycle(s) being returned at the branch offices of the Lessor, the Hire Period is considered to continue until the bicycle(s) are returned by the Lessee or collected by the Lessor. Extension fees must be paid upfront at one of the Black Bikes rental desks.
- Non-Judicial Termination: Notwithstanding the conditions outlined above, in case of failure to return, the Lessor is authorized to non-judicially terminate the rental agreement. The Lessor may promptly claim back the bicycle(s) or recover the bicycle(s) from wherever they are, against the fees specified under the terms of the agreement. This authority is also granted to the Lessor when the Lessee breaches certain clauses or conditions of the rental agreement.
Art. 5. Covenant of Bicycle Use In delineating the parameters of usage, the following articulates the contractual obligations and responsibilities governing the Lessee in the proper utilization and care of the rented bicycle(s). The stipulations set forth herein establish the legal framework for the Lessee's conduct during the hire period.
- Normal and Appropriate Use: The bicycle(s) may only be used in a normal and appropriate manner by the individual(s) specified in the rental agreement.
- Return Condition: The Lessee is responsible for returning the bicycle(s) at the branch offices in a clean, complete, and the same condition in which it was received.
- Handling and Care: The Lessee must handle the bicycle(s) with care and in an appropriate manner to ensure its proper functioning and condition.
- Loss Prevention: The Lessee is obliged to take all necessary steps and precautions to prevent the bicycle(s) from loss, damage, or theft during the hire period.
- Restricted Areas: The bicycle(s) may not be used on beaches and in the dune area unless metaled or paved roads are available for usage.
- Single Occupancy: Regular bicycle(s) and e-bikes(s) may only be used by one person at a time, with the exception of an infant who can be seated in a Black Bikes Child seat. The cargo bike and cargo e-bike may only be used for seating children.
Art. 6. Damages, Loss, and Theft In explaining the legal parameters surrounding damages, loss, and theft, it is important to outline the responsibilities and obligations involved in these occurrences:
- Damages, Theft, and Loss Liability: Mandatory guarantee against damages and theft is included per bicycle in each Rental Agreement. The Lessee is responsible for any damages, theft, or loss of the rented bicycle(s) and its components, such as chains, battery, charger, display, locks, and keys, during the rental period, up to an amount determined by the Lessor according to established regulations.
- Guarantee Coverage: We provide mandatory guarantee coverage that extends solely to the bicycle(s) itself. The following situations apply:
- If the bike is not present but the keys are handed to us: a deductible of €100 applies for regular bicycles and €330 for cargo bikes, tandems, and E-bikes. For the cargo E-bike, the deductible is €850. Extra accessories and locks on the bikes are charged on top.
- If the bike is not present and both keys cannot be presented, the Lessee must compensate the Lessor with an amount equal to the replacement value of the bicycle(s). The charges amount to €430 for a regular bicycle and €1430 for a special bicycle (cargo bike, tandem, or E-bike), with an additional €70 for the locks. For the cargo E-bike, the charges amount to €4850 for the bike and €150 for the locks.
- If the bike is returned without keys: the Lessee must pay a deductible of €50 for a regular bicycle, tandem, or cargo bike and €100 for an E-bike and cargo E-bike.
- Accessories such as child seats (front €110 and back €130), helmets (€40), and front carriers with baskets (€50) are not covered by guarantee. While the e-bike and cargo e-bike and their locks are guaranteed, the battery (€700), charger (€250), display (€150), charger adapter (€70), and disk lock (€30) are not covered by guarantee. If these items are not returned, the Lessee is liable for these additional costs. If the bicycle(s) are seized and returned to the Lessor, the Lessee will be reimbursed the compensation paid, minus any remaining Rent/extension fees.
- Liability and Damages: The bicycle(s) are guaranteed against damages but not liability. If the Lessee fails to reimburse the Lessor, the case will be transferred to an international collection agency. The third party will collect internationally on behalf of the Lessor. All costs incurred by this third party will be charged to the Lessee, with a minimum of €750 per bicycle, in addition to the cost of replacing the bicycle, its chain lock, and any outstanding charges.
Art. 7. Costs Incurred During the Hire Period The Lessee bears responsibility for all charges, rates, and taxes associated with the rented bicycle(s). Similarly, any costs arising from the utilization of the bicycle(s) are the financial responsibility of the Lessee, encompassing but not confined to expenses related to storage, maintenance, and repairs.
Art. 8. Handling of Personal Data The personal data of the Lessee, as outlined in the rental agreement, will be processed by the Lessor in compliance with the Dutch Data Privacy Act (Wet Bescherming Persoonsgegevens). This processing is essential for the Lessor to effectively execute the agreement, offer optimal services, and promptly furnish the Lessee with product information and personalized offers. Any objections raised by the Lessee against the processing of personal data for the purpose of direct mailing will be duly respected and upheld by the Lessor.
Art. 9. Lessor's Liability The Lessor is not responsible for any damage caused by the Lessee's illegal, improper, or careless use of the bicycle(s). Additionally, unless the Lessor is intentionally or grossly negligent, they are not liable for damages resulting from:
- Hidden defects in the equipment, regardless of the cause.
- Theft, loss, damage, confiscation, or seizure of the bicycle(s).
Art. 10. Company Identification (Chamber Of Commerce) KvK Amsterdam Registration: 50.11.75.80 (Value Added Tax) VAT Number: NL 82.25.60.264.B01 IBAN Number: NL13INGB0652635768
Art. 11. Jurisdiction These Terms and Conditions are subject to and governed by the laws of The Netherlands.