Terms of service
Version: November 2023
0. Company Description
BikeFlip is a circular bicycle rental company for refurbished (children's) bicycles, offering exchange and repair service for a fixed monthly fee.
1. Definitions
In these General Terms and Conditions, the following terms are defined as:
- Subscription: The agreement between BikeFlip and the Renter for the use of the Bicycle by the Renter or User, as well as any other agreement between BikeFlip and the Renter.
- General Terms and Conditions: These general terms and conditions of BikeFlip, applicable to every Subscription.
- End Date: The date on which the Subscription ends by cancellation by the Renter as set out in Article 6.3;
- Bicycle: The bicycle provided to the Renter by BikeFlip under the Subscription for use by the Renter and User in accordance with these General Terms and Conditions;
- Renter: Any natural person or legal entity that enters into a Subscription with BikeFlip;
- User: Any natural person or legal entity for whom the BikeFlip subscription is concluded ('the user');
- Improper flip: A Flip or Repair that cannot be executed due to the absence of the Renter or for any other reason than stated in 5.4. For this, EUR 20,- call-out charges are billed by BikeFlip to the Renter. The meaning is assigned in Article 5.5;
- BikeFlip: BikeFlip B.V., Industrieweg 34-15, Maarssen, Chamber of Commerce: 78207487
- Flipping: The resolution by BikeFlip of a problem for the Renter or User related to the Bicycle by exchanging it for another (e.g., larger size) Bicycle.
- Repair: The resolution of a problem by BikeFlip for the Renter or User related to defects of the Bicycle by repairing it. If the problem cannot be solved on-site, BikeFlip will perform a Repair Flip. In a Repair Flip, the bicycle is exchanged for another Bicycle of the same size, attempting to exchange for a comparable Bicycle in terms of model, color, and specifications.
2. Applicability
2.1 These General Terms and Conditions apply to every Subscription between BikeFlip and the Renter.
2.2 Agreements between BikeFlip and the Renter deviating from, or in addition to, these General Terms and Conditions are only valid if they are expressly and in writing confirmed by a regional manager of BikeFlip.
2.3 All amounts mentioned by BikeFlip include VAT.
3. Subscription
3.1 The Renter and User are provided with a Bicycle or other product in the form of a Subscription for the duration of the Subscription.
3.2 The Bicycle is delivered with a lock, with at least one key. A Bicycle larger than 18 inches is standardly delivered with front and rear lights.
3.3 The Subscription entitles to flipping and repairs (see further Article 5). This includes:
- Free repair of defects to the Bicycle caused by wear and normal use of the Bicycle. Examples of such defects are a flat tire or a too loose chain;
- If necessary, free exchange of the Bicycle within the limits where BikeFlip is active.
3.4 If the Renter or User loses or damages a key(s) making the lock inoperable, a new lock must be requested from BikeFlip. The cost for this is EUR 15,- per lock for the Renter.
3.5 The Bicycle may be provided with an advertising expression. If the advertising expression is damaged, or an advertising expression completely disappears from the Bicycle, the Renter must immediately contact BikeFlip.
4. Conditions
4.1 The Renter and User are required to make proper use of the Bicycle as is customary in social traffic.
4.2 The Bicycle is intended solely for personal use by the Renter and User.
4.3 The Renter must have a SEPA bank account number or credit card.
4.4 The Bicycle remains the property of BikeFlip at all times. The Renter is not allowed to establish or grant any (security) right on the Bicycle for the benefit of a third party. BikeFlip retains the right to inspect the bicycle at all times.
4.5 The Renter is personally liable for compliance with the General Terms and Conditions.
4.6 The Renter is responsible for timely reporting changes in the data known to BikeFlip, such as a new address. In case of an incorrect address during the flipping of a bicycle, it is considered an Improper Flip, and BikeFlip has the right to charge EUR 20,- call-out costs to the Renter.
4.7 The Renter and User may not make modifications to the Bicycle that cannot be removed without damaging the Bicycle.
4.8 The Renter must be 18 years or older and capable of acting to be able to enter into a subscription. The Subscription is generally concluded in the name of the parent(s) and/or guardian of the User, with the Renter providing BikeFlip with the full name and address of the User. In exceptional cases, minor Users can subscribe with the consent of a parent or guardian.
5. Repair and Flipping
5.1 BikeFlip aims to repair and/or flip a bicycle within 48 hours after the Renter contacts BikeFlip by phone, email, WhatsApp, or the Renter's account. Flipping and repairs are done by appointment with the Renter.
5.2 If this target time is not met, the Renter cannot claim any compensation or reimbursement.
5.3 Repair and/or Flipping at the BikeFlip workshop is always possible within the opening hours of BikeFlip. Repair and Flipping at home is possible within the limits of the places where BikeFlip is active.
5.4 Repair and Flipping at home without call-out charges take place in the following cases:
- Repair in case of a defect to the bicycle caused by normal use and can be repaired at home.
- Flipping in case of a defect to the Bicycle that cannot be repaired at home, i.e., a Repair Flip. The old bicycle is exchanged for another Bicycle of the same size, attempting to exchange for a comparable Bicycle in terms of model, color, and specifications.
- Flipping for a larger size Bicycle after a reasonable time. The user has outgrown the Bicycle and requires a larger fitting Bicycle.
- In case of loss or theft of the Bicycle if the procedure in Article 7.1 is followed.
5.5 Flipping or Repair at home with call-out charges (EUR 20,-), i.e., an Improper Flip/Repair, takes place in the following cases:
- Flipping for a different size within a period of 2 months because the wrong size was ordered;
- Flipping for a bicycle of the same size, for different specifications, such as a different color, another model, more or fewer gears, and/or a different type of brake;
- Flipping for a bicycle of the same size, for a lock with multiple keys instead of 1 key (see Article 3.2);
- Repair of a defect to the bicycle caused by abnormal use of the bicycle and/or minor maintenance to the bicycle, such as raising a saddle and replacing the battery in bicycle lights;
- If the Renter and/or the Bicycle does not appear at a scheduled appointment to Flip, making Flipping impossible;
- If the address is incorrect, making the Flip and/or Repair impossible.
No call-out charges will be calculated for the above cases if the Renter brings the bicycle to the BikeFlip workshop themselves to perform the action, except for repairs due to abnormal use of the Bicycle.
5.6 When exchanging a Bicycle by BikeFlip, the Bicycle including the lock and key(s) is transferred by the Renter to BikeFlip.
6. Duration of Subscription and Cancellation
6.1 The Subscription is concluded for a period of one month. After the expiration of this term, the Subscription is tacitly extended for a period of one month each time. The minimum duration of the subscription is 3 months.
6.2 The notice period for the Subscription is one month. From the day the written cancellation of the Subscription by the Renter is received by BikeFlip by email, the Subscription continues for one month so that the Subscription ends one month after the day on which the cancellation is received by BikeFlip (the 'End Date').
6.3 After cancellation, the Renter has the right to use the Bicycle until the End Date and the obligation to pay the costs of the Subscription.
6.4 The Bicycle and the key must be delivered by the Renter to a BikeFlip location no later than the End Date. Only in consultation and exceptionally can the Renter and BikeFlip agree that BikeFlip will pick up the Bicycle within the delivery area. When the Bicycle needs to be picked up, EUR 20,- call-out charges can be charged by BikeFlip to the Renter.
6.5 If the Bicycle is delivered by the Renter before the End Date, this ends all rights of the Renter under the Subscription without prejudice to the obligation of the Renter to pay the full subscription costs until the End Date.
6.6 Before the Bicycle is delivered to BikeFlip, the Renter can at any time cancel the cancellation and reactivate the Subscription by email to support@bikeflip.nl.
6.7 The Subscription can only be definitively terminated when the Bicycle is delivered to BikeFlip. As long as the Bicycle is not delivered, the subscription continues.
7. Theft or Loss
7.1 In the event of loss or theft of the Bicycle, the Renter is obliged to report this to BikeFlip within 24 hours, hand over the key of the Bicycle to BikeFlip, and make a report together with a BikeFlip employee. The deductible for theft of the Bicycle in the Subscription is EUR 40,–. The Renter receives a replacement Bicycle from BikeFlip after the report is completed.
7.2 If the Renter does not, or does not timely, report the loss or theft of the Bicycle, or the bicycle key cannot be handed over by the Renter to BikeFlip, the Renter is liable to BikeFlip for compensation of EUR 100,–.
7.3 If a missing or stolen Bicycle is found within the duration of the Subscription, the Renter will be credited with a maximum of the paid deductible. BikeFlip determines the amount of this credit based on the condition of the Bicycle and any other costs.
7.4 If it turns out that the Renter has provided incorrect information to the detriment of BikeFlip, BikeFlip has the right to charge a dishonesty surcharge of EUR 100,–. This amount is in addition to the deductible.
7.5 When parts of the Bicycle are missing or stolen, BikeFlip has the right to charge this to the Renter up to the amount of the deductible. A price list of parts per type of Bicycle and Subscription can be requested from BikeFlip.
7.6 If the Bicycle has been removed by the municipality, the Renter has at least three days to collect it themselves from the municipal (bicycle) depot. Any acquisition costs or other costs are for the account of the Renter. The removal of the Bicycle by the municipality will be considered as an Improper flip. After the Bicycle has been available at the depot for at least three days, BikeFlip will pick up the Bicycle and contact the Renter to deliver a new Bicycle. BikeFlip has the right to charge costs for this to the Renter, such as any acquisition costs and the costs of an Improper flip.
8. Damage
8.1 Damage to the Bicycle caused by vandalism is reported by the Renter to BikeFlip within 24 hours.
8.2 If there is damage and wear to the Bicycle other than can be expected by normal use, at the discretion of BikeFlip, BikeFlip reserves the right to recover the costs thereof from the Renter.
8.3 If damage is caused by the (co)fault of a third party, the Renter is obliged to provide the contact details of this third party and a situation sketch signed for agreement by both parties to BikeFlip. If no contact details of the third party are provided, the damage will be charged to the Renter.
9. Payments
9.1 The Renter is obliged to pay the monthly subscription fees and other due costs by bank transfers to the specified account number when entering into a Subscription. BikeFlip can collect (with permission) a continuous monthly direct debit for this. The subscription fees are scaled at €3 per month for the balance bikes, €5 per month for the small sizes (scooter up to 12-inch wheels), €8.50 per month for the middle sizes (14 inches up to 20-inch wheels), and €12.50 per month for the large sizes (22 inches up to 28-inch wheels). Some luxury or rare bicycles deviate from this pricing and cost more than the usual costs for that size. If the subscription fees are increased, the Renter will be informed in writing at least two months before the change.
9.2 For additional charged costs such as the deductible and surcharges, BikeFlip has the right to first demand payment thereof before delivering a new Bicycle to the Renter. When the Renter indicates being able to pay the outstanding amount and this turns out not to be the case, it is considered an Improper Flip and costs can be charged for this.
9.3 When the subscription or other costs are not received by BikeFlip on the indicated term, the Renter is in default by operation of law. The Renter then receives a reminder to still fulfill the owed within fourteen days. If the owed is not fulfilled within the term of fourteen days, BikeFlip can engage a collection agency. All additional administration costs and extrajudicial collection costs are for the account of the Renter. In case of non-payment, BikeFlip can terminate the subscription and the bicycle must be delivered to BikeFlip or will be picked up from the Renter.
10. Turning in Old Bicycle
10.1 It is possible for the Renter to turn in their old bicycle at the start of the Subscription in exchange for a discount on the Subscription.
10.2 The discount is determined per bicycle and must be approved by both the Renter and BikeFlip. If the Renter and BikeFlip do not agree on the amount of the compensation, the old bicycle will not be accepted by BikeFlip.
10.3 If a Renter deliberately wants to turn in a bicycle of which the Renter is not the owner, the Subscription will be terminated immediately, and a report will be made to the police.
11. Liability
11.1 When the Renter takes a Bicycle into use, this is considered proof that it functions properly and shows no defects.
11.2 If the Renter has doubts about the safety of the Bicycle, immediate contact must be made with BikeFlip.
11.3 The use of the Bicycle by the Renter and User is at the own risk of the Renter and User.
11.4 BikeFlip is not liable for any damage suffered by the Renter or User as a result of using the Bicycle, unless there is intent or gross negligence on the part of BikeFlip.
11.5 The Renter is responsible for timely reporting any defects and/or damages to the Bicycle.
12. Changes
12.1 BikeFlip reserves the right to change the costs of a Subscription. Price increases will be announced to the Renter by email at least two months before the effective date.
12.2 BikeFlip has the right at any time to transfer its claims on the Renter, for whatever reason, to third parties.
13. Non-compliance with Obligations
13.1 BikeFlip has the right to terminate or cancel the Subscription in whole or in part with immediate effect by means of a written notice to the Renter if:
- The Renter is in default with the fulfillment of their obligations under the Subscription;
- The Renter applies for (provisional) suspension of payment or is granted (provisional) suspension of payment;
- Bankruptcy is applied for the Renter, or he is declared bankrupt;
- The Renter is placed under guardianship or admitted to the debt restructuring scheme for natural persons;
- Seizure is imposed on the Bicycle or on other goods of the Renter, and this adversely affects the fulfillment of his obligations from the Subscription;
- The Renter, according to BikeFlip's judgment, abuses the service offered by BikeFlip;
- The Renter intentionally provides incorrect information to BikeFlip, or
- The Renter is otherwise deemed no longer capable of meeting the obligations from the Subscription.
13.2 BikeFlip has the right to immediately take back the Bicycle if the Subscription is terminated as described in Article 13.1.
13.3 The Renter has the right to terminate the Subscription immediately if BikeFlip has repeatedly and/or seriously failed to meet its obligations as described in the General Terms and Conditions.
14. Privacy
14.1 BikeFlip considers it important to protect your personal data properly. How BikeFlip does this is described in the Privacy Statement. This can be consulted via www.bikeflip.nl/privacy. For questions or comments about this, you can contact us at support@bikeflip.nl.
15. Applicable Law and Disputes
15.1 Only Dutch law applies to the Subscription and the General Terms and Conditions.
15.2 All disputes arising from or related to the Subscription will exclusively be submitted to the competent court in Utrecht.
