Center Parcs

Rental Agreement - Terms of Use

between


Fietsnedhereinafter referred to as "Customer" and Userhereinafter referred to as "User"

1 Subject matter of the contract

This agreement applies to the rental of eBikes from movelo SHARE under the following conditions:

  1. The rental agreement between movelo and the User is concluded under Belgian law. In the event of any discrepancies between the Belgian and the foreign language version, Belgian law shall apply.
  2. The User uses movelo SHARE exclusively via the movelo smartphone app. To do this, the User needs an active user account.
  3. Use: Private use
  4. Liability in the event of damage: User for private use
  5. Billing of damage incurred in the context of Private use: User
  6. Payment / Mandatory rates: Yes, private use subject to mandatory charges

2 Registration

  1. The User must be 18 years of age or older at the start of registration.
  2. The User can register via the registration form in the app or by means of an invitation email.
  3. Application
    1. After transferring the relevant personal data, movelo will decide whether to accept the request to open a user account.
    2. Movelo may reject requests without giving reasons.
    3. If the request is not accepted, the User has no right to information.
    4. If the request is accepted, the User will be notified by email. The User will be asked to provide his/her personal access data. After successfully entering the access data, the user has created a user account.
  4. Invitation to register
    1. Movelo determines whether or not to send the user an invitation email.
    2. In principle, the User is not entitled to an invitation.
    3. If it is decided not to send the User an invitation, the User will not be entitled to information.
    4. The User will be asked to provide his/her personal access data. After successfully entering the access data, the user has created a user account.

3 User Account

  1. The user is responsible for providing his/her access data (username, password). The User must ensure that his/her personal access data is protected from unauthorized access by third parties.
  2. The User may change his/her password at any time and as often as desired. In the event of any suspicion of misuse, the User is obliged to inform movelo immediately.
  3. Should changes occur in the User's personal data during the business relationship between the User and MEADOW, the User is obliged to correct his data via the app or to notify MOVELO by email.
  4. Movelo has the right to deactivate the user account.
    1. In the event of deactivation, the user's right to use movelo SHARE will lapse.
    2. The User has no right to be informed about the deactivation of his/her user account.
  5. The User has the right to delete his/her user account.
    1. The User must send the deletion request to movelo in an email stating the surname, first name, email address and the reasons for deletion.
    2. Upon successful acceptance of the request, all user data will be anonymized and deleted.
    3. Restoring the user account later is not an option.
    4. The user will be notified that his/her user account has been successfully deleted.

4 Start and duration of rental

  1. The User has the right to use eBikes via the App by means of his/her personal access (active user account).
  2. The User can rent an eBike directly or reserve it for a time in the future.
  3. The User may cancel a reservation in accordance with the notice period and without giving reasons.
  4. The rental period is limited; Start and end are derived from the start of the rental and the chosen rate (rental duration).
  5. The User is obliged to return the eBike in a non-defective condition at the agreed place and at the latest at the agreed time of return.
  6. If the user continues to use the eBike after the expiry of the agreed rental period, the rental will not be automatically extended.
  7. If the rental period is exceeded, movelo reserves the right to enforce payment of a mandatory penalty.

5 Terms of Use

  1. Subletting or use by third parties is prohibited.
  2. The User undertakes to handle the eBike with care and skill.
  3. The User undertakes to charge the eBike exclusively at movelo charging stations or with the original charger of the motor manufacturer.
  4. The User undertakes to comply with all regulations, traffic rules and technical rules relevant to the use. This applies in particular to country-specific traffic rules.
  5. Information about how eBikes work can be viewed via the smartphone app.
  6. The User may only use eBikes without defects.
  7. The eBike must always be locked correctly and securely.
  8. The eBikes may not be used:
    1. for the transport of additional passengers
    2. by persons under the influence of alcohol or drugs (threshold of zero %)
    3. in extreme wind or weather conditions
    4. for hands-free driving
    5. if the eBike is not ready to ride
  9. The following is prohibited:
    1. Exceeding the permissible total load capacity of the eBike (weight of the eBike + weight of the driver + weight of the objects transported <= permissible total weight)Maximum 130kg
    2. Attaching parts to the eBike
    3. Modifications to the eBike
  10. After the User has received confirmation of the return, the User may no longer use the eBike. This also applies in the event of termination of the lease by movelo via remote maintenance.

 

 

 

 

6 Liability

6.1 Operational use

  1. Fines for committing administrative violations while using the eBike are borne by the user.
  2. Liability during the rental
    1. Costs for personal injury of User are for the account of the tenant
    2. Costs for damage to the eBike are borne by the renter up to a maximum amount of ......
    3. Costs for theft of eBikes are for the account of the renter who has locked the bike, there are no costs, if this is not the case, a fee of 1250 will have to be paid.
    4. Costs for damage caused to third parties are borne by the tenant
  3. Claims for damages against third parties are assigned to the tenant.
  4. In the event of damage caused by intent or gross negligence on the part of the User, the Client may assert its claims against the User.

7 Defects/damage to the eBike

  1. At the beginning of the rental process, the User must check that the eBike is free of defects.
  2. If the User becomes aware of a defect, this must be reported to movelo immediately, truthfully and in detail via the app.

8 What to do in the event of an accident involving third parties

  1. Accidents must be reported to movelo directly via the app ("Damage Notice").
    1. Circumstances of the damage incident:
      1. Type: Accident
      2. Blessures: Ja/Nee
      3. Accident location: Exact addressAddress: Persons involved in the accident
      4. Taking into account the circumstances of the accident
    2. Description of the damage:
      1. List of damage to the rental property
      2. List of damage to the persons involved in the accident
  2. If there are people involved in the accident, the police must be notified.
  3. Upon request, the User must prepare a detailed accident report and send it to movelo.
  4. If the user imputably violates this reporting obligation, he/she is fully liable for the damage resulting from the violation of this obligation.

9 What to do in case of theft

  1. The user undertakes to secure the eBike sufficiently against theft (to lock the integrated U-lock when leaving the eBike).
  2. In the event of theft, a report must be made to the police and the park must be alerted immediately.

10 Liability of movelo

  1. Movelo is not liable for material defects that are visible at the start of the rental period.
  2. movelo is not liable for damage to items (including, but not limited to, smartphones) carried by eBike, unless caused by intent or gross negligence on the part of movelo.
  3. All other liability of movelo is excluded, except in the case of intent or gross negligence.

11 Rental subject to mandatory costs

  1. movelo settles the use of movelo SHARE with the User against its own virtual currency.
  2. The internal currency is called the "Credit".

12.1 Credit Account

  1. The User has their own credit account.
  2. The User can access the current account status of his/her credit account at any time via the App.
  3. The app will then instruct the User on how to obtain new Credits.

12.2 Purchasing Credits

  1. The user can purchase online credits (EUR2Credits) through the app.
  2. Movelo offers various payment methods, subject to reservation. (e.g., PayPal, SEPA Direct Debit, Credit Card, etc.)
  3. After purchase, the Credits will be credited directly to the User's credit account.
  4. Acquired credits are valid indefinitely.
  5. Credits cannot be redeemed in EUR.

 

 

12.3 Direct rental

  1. When creating a direct rental of an eBike, the amount of the selected rate (Credits) will be immediately debited from the User's credit account.

12.4 Reservation/rental in the future

  1. When reserving an eBike, the amount of the selected fare (Credits) will be debited directly from the User's credit account.

12.5 Cancellation of a rental

  1. In the event of cancellation, the Credits indicated in the tariff will be credited to the User's credit account.

12.6 Late termination of the lease

  1. In the event of late return of the eBike, the User is obliged to pay reasonable compensation.
  2. Movelo reserves the right to charge compensation to the user.

12.7 Rental/reservation does not take effect

  1. In the event that the User does not start with a rental subject to mandatory fees, the User will not be entitled to a refund of Credits at the rate booked.
  2. Credits due through the booked fare will not be refunded.

12.8 Accident/Damage

  1. In the event of an accident or damage caused by third parties during an active rental period, the User is entitled to a refund of the Credits of the booked rate.
  2. The repayment will be credited to the User's credit account.

12.9 Price increase/exchange rate change

  1. Movelo is entitled to adjust the rates once a quarter.
  2. The adjustment may relate to changing market conditions, in the event of significant changes in procurement costs, changes in value added tax or tender prices.

13 Other

  1. Belgian law applies.
  2. There are no verbal side agreements.

3.      Competent court: Court of First Instance Limburg, Hasselt division