Student Mobility / Terms and conditions

General terms and conditions

Definitions

1. Student Mobility: International Student Services, established in Amsterdam, Chamber of Commerce no. 74122967.
2. Customer: the party which Student Mobility has entered into an agreement with.
3. Parties: Student Mobility and customer together.
4. Consumer: a customer who is an individual acting for private purposes

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Student Mobility.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by Student Mobility are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Student Mobility is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which Student Mobility could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
5. The price with regard to services is determined by Student Mobility on the basis of the actual working hours.
6. The price is calculated according to the usual hourly rates of Student Mobility, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
7. If the parties have agreed on a total amount for a service provided by Student Mobility, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
8. Student Mobility is entitled to deviate up to 10% of the target price.
9. If the target price exceeds 10%, Student Mobility must let the customer know in due time why a higher price is justified.
10. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
11. Student Mobility has the right to adjust prices annually.
12. Student Mobility will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
13. The consumer has the right to terminate the contract with Student Mobility if he does not agree with the price increase.

Payments and payment term

1. Student Mobility may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 7 days after delivery of the product.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Student Mobility having to send the customer a reminder or to put him in default.
4. Student Mobility reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

1. If the customer does not pay within the agreed term, Student Mobility is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Student Mobility.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Student Mobility may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Student Mobility on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Student Mobility, he is still obliged to pay the agreed price to Student Mobility.

Right of recovery of goods

1. As soon as the customer is in default, Student Mobility is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Student Mobility invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Student Mobility, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
• the product has not been used
• it is not a product that can spoil quickly, like food or flowers
• the product is not specially tailored for the consumer or adapted to its special needs
• it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
• the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
• the product is not a separate magazine or a loose newspaper
• the purchase does not concern an (assignment to) urgent repair
• the consumer has not renounced his right of withdrawal
2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
• on the day after the consumer has received the last product or part of 1 order
• as soon as the consumer has received the first the product of a subscription
• as soon as the consumer has purchased a service for the first time
• as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of withdrawal via info@studentmobility.nl, if desired by using the withdrawal form that can be downloaded via the website of Student Mobility, www.studentmobility.nl.
4. The consumer is obliged to return the product to Student Mobility within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of delivery costs

1. If the purchase costs and any other costs (such as delivery costs) are eligible for reimbursement according to the law, Student Mobility will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Student Mobility in time.
2. The costs for return are only reimbursed by Student Mobility if the complete order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. Student Mobility can appeal to his right of retention of title and in that case retain the products sold by Student Mobility to the customer until the customer has paid all outstanding invoices with regard to Student Mobility, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Student Mobility.
3. Student Mobility is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Student Mobility with any claim on Student Mobility.

Retention of title

1. Student Mobility remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Student Mobility under whatever agreement with Student Mobility including of claims regarding the shortcomings in the performance.
2. Until then, Student Mobility can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Student Mobility invokes its retention of title, the agreement will be dissolved and Student Mobility has the right to claim compensation, lost profits and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Student Mobility unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, Student Mobility has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Student Mobility.

Delivery period

1. Any delivery period specified by Student Mobility is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Student Mobility.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Student Mobility cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Student Mobility may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Student Mobility, failing which Student Mobility cannot be held liable for any damage.

Insurance

1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
• goods delivered that are necessary for the execution of the underlying agreement
• goods being property of Student Mobility that are present at the premises of the customer
• goods that have been delivered under retention of title
2. At the first request of Student Mobility, the customer provides the policy for these insurances for inspection.

Storage

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for Student Mobility, not obligations of results.
2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Performance of the agreement

1. Student Mobility executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Student Mobility has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that Student Mobility can start the implementation of the agreement on time.
5. If the customer has not ensured that Student Mobility can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

1. The customer shall make available to Student Mobility all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, Student Mobility will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required by Student Mobility and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Intellectual property

1. Student Mobility retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
2. The customer may not copy or have copied the intellectual property rights without prior written permission from Student Mobility, nor show them to third parties and / or make them available or use them in any other way.

Penalties

1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Student Mobility an immediately due and payable fine of € 1000 if the customer is a consumer and € 5000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Student Mobility including its right to claim compensation in addition to the fine.

Indemnity

The customer indemnifies Student Mobility against all third-party claims that are related to the products and/or services supplied by Student Mobility.

Complaints

1. The customer must examine a product or service provided by Student Mobility as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Student Mobility of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Student Mobility of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Student Mobility is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Student Mobility being forced to perform other work than has been agreed.

Giving notice

1. The customer must provide any notice of default to Student Mobility in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Student Mobility (in time).

Joint and several Client liabilities

If Student Mobility enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Student Mobility under that agreement.

Liability of Student Mobility

1. Student Mobility is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Student Mobility is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Student Mobility is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Student Mobility is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Student Mobility shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if Student Mobility imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Student Mobility is not permanent or temporarily impossible, dissolution can only take place after Student Mobility is in default.
3. Student Mobility has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Student Mobility good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Student Mobility in the fulfillment of any obligation to the customer cannot be attributed to Student Mobility in any situation independent of the will of Student Mobility, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Student Mobility .
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Student Mobility cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Student Mobility can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Student Mobility does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

1. Student Mobility is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Student Mobility with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with Student Mobility to third parties without the prior written consent of Student Mobility .
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Student Mobility had in mind when drafting the conditions on that issue.

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Student Mobility is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 14 juli 2021.

Student Mobility Rental Bikes

Summary and key elements of the T&Cs

Starting the subscription

1. Student is charges 1st month reservation fee when ordering a lease bike from Student Mobility, The pick-up is arranged at the University on a particular date.
2. If a student decides to enter into the subscription the pick-up date is also the start date of the subscription. If a student decides to waive the order, we will give a full refund.

Using the bike

3. Student Mobility expects that students to use and threat (only personal usage/no delivery etc.) the bike in good ownership.
4. In case the bike breaks-down without fault of the student, the bike is exchanged within 2-5 business days at the pick-up location (university).
5. In case a student loses the bike-key they have to report it and it is replaced. Additional charge is 15 EUR for a replacement.
6. In case the bike gets stolen, bike was locked and key is in still in possession, the bike will be exchanged within 2-5 business days and a deductible of 30 EUR is charged to the student.
7. In case the bike is totaled (total-loss) or is stolen and the student is to blame (f.e. unlocked or thrown under the bus) the student is charged the costs of the bike, the established compensation is 250 EUR per bike.

Ending/editing your subscription

8. You can end your subscription by login to https://studentmobility.nl/my-account/ and change your details in the tab “subscriptions”
9. When you started your contract on the 15th of the month and want to cancel your subscription you have to return the bike before the 15th of the following month. Returning the bike on the 20th for example costs you a new month (20 EUR). We cannot offer daily remuneration.
10. We will communicate several dates in June/July on which you can return your bike. We would highly appreciate if you could help us to collect the bikes at those moments.

Save travels and we hope you enjoy your iron stallion!

1. Definitions

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

Subscription:

 

the agreement between Student Mobility and the Renter for the use of the Bicycle by the Renter, as well as any other agreement

between Student Mobility and the Renter;

 

General Terms and Conditions:

 

these general terms and conditions of Student Mobility that apply to any Subscription;

 

End Date:

 

the date on which the Subscription ends by means of cancellation by the Renter as explained in Article 6.6;

 

Bicycle:

 

the bicycle or e-bike made available by Student Mobility to the Renter under the Subscription for use by the Renter in accordance with the General Terms and Conditions;

 

Renter:

 

any natural person or legal entity who takes out a Subscription with Student Mobility;

 

Unjustified Exchange:

 

has the meaning given to it in Article 5.4;

Student Mobility:

Student Mobility, a part of

International Student Services,

KVK registration: 74122967

VAT: NL003813167B73

Amstelbeststraat 16, 1096 GD,

Amsterdam, The Netherlands.

 

Exchange:

 

Student Mobility’ solving of a problem for the Renter concerning the Bicycle by either repairing the Bicycle or exchanging it for another Bicycle

 

2. Applicability

2.1 These General Terms and Conditions apply to any Subscription between Student Mobility and the Renter.

2.2 All amounts stated by Student Mobility include VAT.

3. Subscriptions

3.1 The Renter will have a Bicycle at their disposal for the term of the Subscription, in accordance with the chosen Subscription.

3.2 The Bicycle comes with a ring lock and a chain lock with one key.

3.3 Under the Subscription, the Renter is entitled to free Exchange (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.

3.4 Student Mobility always has a spare key to the Bicycle. If the key gets lost or damaged, the Renter must request a new key from Student Mobility. The costs involved amount to 15 EUR per key.

3.5 The Renter 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 Student Mobility.

3.6 The Bicycle may contain advertisements. The Renter must immediately contact Student Mobility if the advertisement has been damaged or if an advertisement completely disappears from the Bicycle.

4. Conditions

4.1 The Renter must make normal use of the Bicycle and take due care of the Bicycle.

4.2 The Bicycle is intended exclusively for personal use by the Renter. The Renter is not allowed to use the Bicycle for commercial purposes, such as the delivery of goods and/or food. In the event of a breach of this obligation the Renter shall pay a contractual penalty in an adequate amount, however not more than EUR 2000. The precise amount of such contractual penalty shall be determined by Student Mobility. Such contractual penalty shall be without prejudice to any other rights of Student Mobility, including but not limited to the right to claim damages and to terminate the subscription in accordance with Clause 14 of the General Terms and Conditions.

4.3 The Bicycle will at all times remain the property of Student Mobility. The Renter 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.

4.4 The Renter will be personally liable for compliance with the General Terms and Conditions.

4.5 The Renter will be responsible for passing on changes to the data known to Student Mobility, such as a new address, in good time.

4.6 The Renter may not make any changes to the Bicycle that cannot be removed without damaging the Bicycle and is not permitted to manipulate in any way the electronics and/or software of the Bicycle.

4.7 The renter must be at least 18 years old and able to enter into legally binding contracts to be able to subscribe for a Student Mobility. Minors may subscribe under the supervision of an adult.

4.8 A digital verification process of the correct identification document could be part of the order process upon delivery. Product will not be delivered when renter is not able to handover the correct identification documents. Student Mobility will report to the police when verification of the identity documents shows that there is a possibility of fraud.

5. Exchange

5.1 Student Mobility aims to Exchange a Bicycle within 48 hours after the Renter has contacted Student Mobility by telephone, via e-mail, WhatsApp or the Student Mobility App. Exchange takes place by appointment with the Renter.

5.2 If this target time is not achieved, the Renter cannot claim any compensation or payment.

5.3 Exchange will only take place in case of a defect, loss or theft of the Bicycle, and only within the city limits in which Student Mobility is active.

5.4 If the Renter unjustly requests an Exchange (an ‘Unjustified Exchange’), Student Mobility will be entitled to charge £20 in call-out charges. If the Renter fails to appear at an appointment that was made for Exchange, this will also be regarded as an Unjustified Exchange.

5.5 When Student Mobility exchanges a Bicycle, the Renter will transfer the Bicycle to Student Mobility including the battery (if relevant) corresponding key.

6. Term of the Subscription and cancellation

6.1 The term of your Subscription (the “Subscription Period”) is agreed upon in the Order Process. To the extent agreed in the Order Process, Student Mobility may charge you with a one-time fee. If you have ordered your Bicycle online, you have the right to cancel your subscription at any time within 14 days of receiving your Bicycle, but you must pay the costs for the Subscription for the time you have the Bicycle. If you ask us to collect the Bicycle we may charge you for the costs of collection.

6.2 In case of a monthly Subscription, the Subscription Period is one month from the date stated in the order process and automatically extends on a month-by-month basis, unless terminated in accordance with Article 6.1 or these Terms & Conditions. Both Student Mobility and Renter may terminate a monthly Subscription at any time with a notice period of one month.

6.3 If the Bicycle or any of the Accessories are not what you ordered or if they are not fit for purpose, you may ask us within the first 30 days to undertake an Exchange without charge or reject the Bicycle and cancel your Subscription. If you cancel your Subscription you must pay for the costs for the time you have the Bicycle.

6.4 From the day that the written cancellation of the Subscription by the Renter has been received by Student Mobility, the Subscription will continue for one more month, which means that the Subscription ends one month after the day on which Student Mobility has received the cancellation or after three months, whichever is the earlier (the ‘End Date’).

6.5 The Renter has the right to use the Bicycle until the End Date of the Subscription after termination notice. The Renter has the obligation to meet the costs of Subscription until the End Date.

6.6 The Bicycle and key are to be submitted to Student Mobility no later

(i) than the End Date,
(ii) the date on which the Subscription Period automatically ends, or
(iii) if you are exercising a right to cancel or reject, the end of the period in which you can do so.

6.7 If the Renter hands in the Bicycle before the End Date, this will end all rights of the Renter under the Subscription, without prejudice to the Customer’s obligation to pay the full Subscription costs until the End Date.

6.8 Prior to returning the Bicycle on the End Date the Renter can cancel the termination free of charge by sending an e-mail to Student Mobility (info@studentmobility.nl). The e-mail must be received by Student Mobility on the day preceding the End Date.

6.9 When the Bicycle is not returned on or before the End Date Student Mobility reserves the right to apply a daily fine of 5 EUR every day from the End Date until return of the Bicycle, with a maximum of 7 days.

6.10 If the Bicycle is not returned within seven days of the End Date to Student Mobility and the Subscription is not reactivated, subsequently Student Mobility will report a theft by the Renter. In that case, the Rental Customer will also be obliged to compensate Student Mobility 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 Student Mobility 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.


Type of Subscription

 

Established compensation

Original Subscription

250 EUR

 

 

Table 1: Amount of compensation for each type of Subscription

6.11 Student Mobility is at all times entitled to terminate the Subscription in the event of theft or on one of the grounds stated in Article 13.1, to track down the Bicycle and confiscate it immediately. In the case of an e-bike, Student Mobility may use the GPS tracker to track the location of the Bicycle.

6.12 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.

7. Theft or loss

7.1 In the event of the loss or theft of the Bicycle and/or the battery, the Renter will be obliged to report this to Student Mobility within 24 hours, to hand over to Student Mobility the key to the Bicycle, and to report this loss or theft to the police (aangifte doen). In that event, the Renter will owe a deductible, which is different for each type of Subscription. The applicable deductible for each type of Subscription is included in Table 2. After the report has been completed, the Renter will receive a replacement Bicycle from Student Mobility.

Type of Subscription

 

Established deductible

Original Subscription

30 EUR

 

 

Table 2: Amount of deductible for each type of Subscription

7.2 If the Renter does not, or not in good time, report a loss or theft of the Bicycle, or if the Renter cannot hand over the Bicycle key to Student Mobility, the Renter will owe Student Mobility the compensation established in Table 1.

7.3 In order to prevent incidents such as loss, theft and damage, the Bicycle must always be double locked with the provided ring lock and chain lock. Where possible, the Bicycle must be secured to an object using the chain lock. In addition, when connected to the Bicycle, the battery must always be secured with the provided lock.

7.4 If the Bicycle is not double locked/secured and an incident occurs, including vandalism, loss or theft, the Renter will owe a negligence surcharge. This sum will be in addition to the deductible and can be found in Table 3, depending on the type of Subscription. In addition, when connected to the Bicycle, the battery must always be secured with the provided lock.

Type of Subscription

 

Established negligence surcharge

Original Subscription

40 EUR

 

 

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

7.5 If the Renter has provided incorrect information that disadvantages Student Mobility, Student Mobility will be  entitled to add an unfairness surcharge of 100 EUR. This amount will be in addition to the deductible and any negligence surcharge.

7.6 If parts of the Bicycle are missing or stolen, Student Mobility will be entitled to charge this to the Renter up to the amount of the deductible at most. A price list of the parts of each type of Bicycle and Subscription may be requested from Student Mobility.

7.7 If the Bicycle has been removed by the local authority, Student Mobility will contact the Renter regarding the collecting process. Any costs for obtaining the Bicycle or other costs will be payable by the Renter. If the Bicycle is removed by the local authority, this will be regarded as an Unjustified Exchange. Student Mobility will be entitled to charge costs for this to the Renter, such as any costs for obtaining the Bicycle and the costs of an Unjustified Exchange.

8. Damage and servicing

8.1 The Renter will report damage to the Bicycle caused by vandalism to Student Mobility within 24 hours.

8.2 Student Mobility reserves the right to check the mileage and the condition of the Bicycle. Customer shall cooperate with any necessary servicing or maintenance, on demand by Student Mobility.

8.3 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 Student Mobility, Student Mobility reserves the right to recover the associated costs from the Renter (max. of 100 EUR).

8.4 If there is any damage caused by the contributory fault or fault of a third party, the Renter will be obliged to submit to Student Mobility 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://www.anwb.nl/binaries/content/assets/anwb/pdf/verzekeringen/schade-aangifteformulieren/europees-schade-formulier.pdf (in Dutch). If the contact details of the third party are not submitted, the damage will be charged to the Renter.


9. Accessories

9.1 Renter may add-on an Accessory Subscription to the Bicycle Subscription, provided the relevant Accessory is available in the city where Renter subscribed for a Bicycle.

9.2 The Accessory Subscription is a separate subscription and can be terminated independently of the Bicycle subscription.

9.3 Except for Clauses 3, 6.10, 7, 8 and 11, the provisions set out in the General Terms & Conditions apply mutatis mutandis to the Accessory Subscription, so that e.g. where “Bicycle” is used in these relevant provisions, this should instead be understood as “Accessories”. The amounts shown in Table 1, 2 and 3 of the General Terms & Conditions should be replaced by the amount shown in Table 4

9.4 In the event of the loss or theft of the Accessory, the Renter will be obliged to report this to Student Mobility within 24 hours. In that event, the Renter will owe a  deductible, which is different for each type of Accessory. The applicable deductible for each type of Accessory is included in Table 4.

Type of Accessory

 

Deductible

Basket, chain lock

15 EUR

Table 4: Amount of compensation for each type of Accessory

9.5 The Renter must report damage to the Accessory as a result of vandalism (in case the Accessory has become unusable) to Student Mobility within 24 hours of the Renter's knowledge of the vandalism. Student Mobility reserves the right to charge the Renter for the damage.

9.6 The Renter will receive a replacement Accessory from Student Mobility in case of theft of damage (referred to in paragraph 4 and 5 of this Article).

9.7 Any usage of the Accessory is at the sole risk and responsibility of Renter. Student Mobility is not liable for damages of any kind resulting from the use of the Accessory.

10. Payments

10.1 When taking out a Subscription, the Renter will also be obliged to provide payment details and authorisation for the Subscription costs and other costs owed.

10.2 In the event of additional costs charged, such as the deductible and surcharges, Student Mobility will be entitled to first require payment thereof before providing a new Bicycle to the Renter. If the Renter indicates that they are able to pay the outstanding amount and this turns out not to be the case, this constitutes an Unjustified Exchange, and costs may be charged for this.

10.3 If Subscription costs or other costs cannot be debited or are wrongly reversed, the Renter will be in default. In that case, the Renter will receive a demand to pay the amount due within fourteen days. Student Mobility 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 Renter.

11. Liability

11.1 If the Renter doubts the safety of the Bicycle, they must immediately contact Student Mobility.

11.2 The Renter uses the Bicycle at their own risk.

11.3 Student Mobility will not be liable for any damage or harm suffered by the Renter as a result of using the Bicycle, save in the case of willful conduct or deliberate recklessness on the part of Student Mobility.

11.4 The Renter will be responsible for communicating any defects and/or damage to the Bicycle in good time.

12. Amendments

12.1 Student Mobility reserves the right to change the costs of a Subscription. Changes will be communicated to the Renter via e-mail at least one months before the effective date. The Renter will not be permitted to terminate the Subscription due to a price change, unless the change takes place within three months of the conclusion of the Subscription and the Renter is a consumer.

12.2 Student Mobility has the right to unilaterally amend these General Terms and Conditions. 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.StudentMobility.nl and an e-mail to the Renter. If the amendment results in the Renter being provided with a performance which materially differs from the original performance, the Renter, who is a consumer, will have the right to terminate the Subscription as of the date on which the amended terms and conditions come into effect.

12.3 Student Mobility will at all times be entitled to transfer its claims against the Renter, of any nature whatsoever, to third parties.

12.4. The Renter may change the Subscription into a more expensive Subscription free of charge, in which case Student Mobility will make an appointment and arrange the exchanging of the Bicycle for a Bicycle that is in line with the new Subscription. If the Renter wishes to downgrade their Subscription within six months of commencement of a Subscription, Student Mobility will be entitled to charge the costs of an Unjustified Exchange for this.

13. Failure to fulfil obligations

13.1 Student Mobility 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 Renter if:

• the Renter fails to fulfil their obligations under the Subscription;
• the Renter 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 Renter or if they are put
into bankruptcy or liquidation;
• the Renter is placed under guardianship or is allowed to participate in the debt
restructuring scheme for natural persons;
• the Renter uses the Bicycle contrary to the provisions in the General Terms and Conditions
(e.g. the provisions in Clause 4);
• the Bicycle or other goods of the Renter are attached, and this negatively influences the
fulfilment of their obligations under the Subscription;
• the Renter, in the opinion of Student Mobility, abuses the service offered by Student Mobility;
• the Renter deliberately provides incorrect information to Student Mobility, or
the Renter otherwise should no longer be deemed able to fulfil the obligations under the
Subscription.

13.2 The Renter has the right to immediately terminate the Subscription if Student Mobility has repeatedly and/or seriously failed to fulfil its obligations described in the General Terms and Conditions. The foregoing does not affect the right of termination of the Renter who is a consumer.

14. Privacy

14.1 Student Mobility 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 https://studentmobility.nl/privacy-policy/ . Questions or remarks in this regard may be addressed to
privacy@studentmobility.nl

15. Applicable law. Disputes

15.1 These terms are governed by Dutch law and you can bring legal proceedings in respect of the
products in the Dutch courts.

Version 1.0 January 2022
Contact
info@studentmobility.nl
Student Mobility
KVK registration: 74122967 
VAT: NL003813167B73
Singel 413, 1012 WP
Amsterdam, The Netherlands 
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