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General terms and conditions

By making a booking with Stichting Gorinchem Citymarketing (h.o.d.n. VVV Gorinchem), you agree to the following General Terms and Conditions. These General Terms and Conditions apply to all users of services of Stichting Gorinchem Citymarketing. fietsverhuur is also subject to the General Terms and Conditions of the rental company, Cycleshare. These can be found at the bottom of this document.

1. General

1.1 These general terms and conditions apply to programmes (city walks, arrangements, day trips) organised by the Gorinchem Citymarketing Foundation.

1.2 The Gorinchem Citymarketing Foundation may amend these general terms and conditions. The most recent version of the general terms and conditions is available via the website.

2. Conclusion of agreement

2.1 There is an agreement when Stichting Gorinchem Citymarketing has sent a confirmation to the customer or client in writing or by email.

3. Payment

3.1 Payment shall be made by invoice, or by PIN or cash payment in the ticket shop at the start of the programme, within the specified period. Payment cannot be made directly to the guide or programme supervisor.

3.2 Payment of invoices must be made within the period stated on the invoice.

3.3 The Gorinchem Citymarketing Foundation is entitled to request a deposit.

4. Cancellation by Gorinchem Citymarketing Foundation

4.1 The Gorinchem Citymarketing Foundation has the right to decide to cancel a programme.

4.2 In this case, the customer will be informed immediately.

4.3 Any monies already paid will then be refunded.

4.4 The Gorinchem Citymarketing Foundation accepts no liability for any damage and/or costs whatsoever on the part of the client if the programme cannot take place as a result of cancellation.

5. Cancellation by the customer

5.1 Cancellation by the customer must be in writing and dated.

5.2 Cancellation of a group booking is possible, always supported by reasons, up to one week before the start of the programme at the latest.

5.3 If a group booking is cancelled within one week before the start of the programme, no costs will be refunded.

5.4 Cancellation of an individual booking can, always supported by reasons, be made at least 48 hours before the start of the programme.

5.5 If an individual booking is cancelled within 48 hours before the start of the programme, no costs will be refunded.

5.6 In consultation, the booking can be moved to another date or time.

6. Agreements with third parties

6.1 If the client outsources arrangements with third parties to Stichting Gorinchem Citymarketing (such as contacts with catering establishments, museums, canal cruise companies, etc.), contact regarding the booking will always take place via Stichting Gorinchem Citymarketing.

6.2 If the client, against the agreements with Stichting Gorinchem Citymarketing, contacts third parties about the booking, all agreements made by Stichting Gorinchem Citymarketing become null and void.

6.3 This provision has been included to prevent duplicate bookings or divergent arrangements.

7. Liability

7.1 Participation in programmes of the Gorinchem Citymarketing Foundation is entirely at your own risk.

7.2 The Gorinchem Citymarketing Foundation cannot be held liable in any way for delays, schedule changes, delays in the performance of services by third parties due to force majeure.

8. Complaints

8.1 If a participant has a complaint, this should be reported immediately to the representative of Stichting Gorinchem Citymarketing. The latter will investigate whether the reason for the complaint can be removed immediately.

8.2 If direct submission of a complaint is not possible, or if the complaint is not satisfactorily resolved, it must be submitted in writing, stating reasons, to the Gorinchem Citymarketing Foundation, Grote Markt 17, 4201 EB Gorinchem, at the latest within 14 days thereafter.

9. Disputes

9.1 Disputes with participants will as a rule be settled amicably.

10. Applicable law

10.1 All our agreements and everything related to them are governed exclusively by Dutch law.

General terms and conditions Fietsverhuur

Supplier: CycleShare BV, Loodstraat 20, 2718 RW Zoetermeer

E-mail: info@cycleshare.nl internet www.cycleshare.nl

Tel. +31 (0) 88 408 1111

KvK: 59695021 VAT: NL853607796B01

Article 1: Definitions

In these General Terms and Conditions, the following definitions apply:

  • CycleShare BV located at Loodstraat 20, 2718 RW in Zoetermeer;
  • Tenant: the natural or legal person who enters into a Rental Agreement with CycleShare;
  • Rental Agreement: the agreement between CycleShare and the Renter under which CycleShare rents out Bicycles and Accessories to the Renter;
  • General Terms and Conditions: these General Terms and Conditions; -
  • Bicycles: all bicycles offered for hire by CycleShare, which explicitly includes E-scooters and (various variants of) bicycles; -
  • Accessories: the items offered for hire by CycleShare that can be mounted on or to the bicycle and/or form part thereof, including but not limited to locks and keys, child seats, bicycle trailers, bicycle bags, navigation systems and map holders; -
  • Rental Location: the place where the bicycles and Accessories offered for rent by CycleShare are issued and collected; -
  • Damage: the pecuniary loss suffered by Cycleshare as a result of: 1. Damage, including, but not limited to, a condition of a Bicycle or parts thereof and/or Accessories, which does not fit normal wear and tear or loss of a Bicycle and/or Accessories (such as, but not limited to, the (contact) key, alarm system and documentation, such as Registration papers or parts thereof. This damage includes the costs of replacement of (parts of) the Bicycle and the loss of rental income; 2. damage inflicted with or by the Bicycle to persons or property, for which Cycleshare , or the licence plate holder (in the case of an E-scooter) or the liability insurer of the Bicycle is liable towards third parties. -
  • Driver: the actual driver of the Bicycle; -
  • Rent: the total amount to be paid by Tenant.

Article 2: Applicability of the General Terms and Conditions

The General Conditions apply to every offer relating to and every Rental Agreement between Cycleshare and Tenant, to the extent not expressly deviated from in writing.

Article 3: Conclusion of the Rental Agreement

1. A Rental Agreement is only concluded after the Renter has taken possession of the Bicycle and/or Accessories.

2. The Renter is severally liable to Cycleshare for the performance of his/her obligations under the Rental Agreement, also where the Bicycle and/or Accessories are used by third party(ies).

Article 4: Start and end of the Rental Agreement

1. The Rental Agreement commences at the time of taking receipt of the Bicycle(s) and Accessories and is entered into for the duration as stated in the Rental Agreement.

2. The Renter is obliged to return the Bicycle(s) and Accessories, which shall at all times remain the property of Cycleshare , to the Rental Location or another location previously agreed in writing at the latest at the time specified in the Rental Agreement.

3. Extension of the duration of the Rental Agreement can only take place after written consent of the Rental Location.

4. If the Bicycle(s) and Accessories show any defect not attributable to the Renter that prevents normal use, the Renter will be allowed to return the Bicycles and Accessories to the Rental Location within 15 minutes of the start of the Rental Agreement. The Rental Agreement will then be terminated and the Renter will be entitled to a refund of the paid rental fee.

5. Premature return of the bicycle(s) and accessories at the Rental Location, other than as referred to in the previous paragraph, will terminate the Rental Agreement without the Renter being entitled to a reduction or restitution of (part of) the rental sum.

Article 5: Tenant's obligations

1. Without prejudice to the following, the Renter shall treat the Bicycle/Bikes as befits a good Renter and ensure that the Bicycle/Bikes are used in accordance with their purpose.

2. The Renter is forbidden to use the Bicycle(s) on a circuit or on terrain for which the Bicycle(s) is not suitable or on terrain of which the Renter or driver have been informed that entering such terrain is at their own risk. Bikes and Accessories may under no circumstances be used in dunes or on the beach.

3. The Renter is obliged to observe all applicable traffic rules.

4. The Renter is obliged to return the Bicycle(s) to the Rental Location in their original state.

5. Renter is obliged to carefully secure the load of the Bicycle(s).

6. Only persons named as drivers in the Rental Agreement may drive the E-scooter. Renter is not allowed to put the Scooter(s) at the disposal of a person not named as driver in the rental agreement. The Renter shall carefully ensure that none of the persons named as drivers in the rental agreement drive the E-scooter if they are unauthorised to do so or are obviously mentally or physically unfit.

7. If an E-scooter is involved, all persons designated as drivers in the Rental Agreement must hold a valid driving licence.

8. The Renter is not allowed to re-rent the Bicycle(s).

9. The Renter is not permitted to use the Bicycle/Bikes for driving lessons or for transporting persons for payment, or to hold competitions, speed, driving ability or reliability tests with the Bicycle/Bikes.

10. The Renter is not allowed to take bicycles subject to registration outside the borders of the Netherlands.

11. In the event of damage or defects to the Bicycle(s) known or observable to the Hirer, the Hirer shall not be permitted to use the Bicycle(s) if this may lead to aggravation of the damage or defects, or to reduction of road safety.

12. Hirer is obliged to impose the obligations and prohibitions of this article on driver, passenger and other users of the Bicycle(s) and to ensure compliance with them.

13. Tenant shall, among other things, treat with care the keys belonging to the Bicycle/Bikes and the documents belonging to the Bicycle/Bikes (such as the vehicle registration certificate).

Article 6: Instructions for the Renter

1. Hirer must keep the tyre pressure at the right level.

2. Renter is obliged to return the bicycle(s) clean.

3. In the event of defects, damage or loss of the bicycle known or visible to the Renter, the Renter is obliged to - to report this as soon as possible; - to follow the instructions of Cycleshare; - to provide all information and documents relating to the event to CycleShare or its insurer, upon request and without being asked; - not to leave the bicycle(s) behind without having properly protected it against the risk of damage or loss; - to provide all requested cooperation to the persons designated by Cycleshare in order to obtain compensation from third parties or to defend itself against third-party claims. In the absence of the aforementioned notification, the Hirer shall be deemed to have received the bicycle(s) in good condition.

4. In the event of accidents, damage or loss, the Tenant is additionally obliged: - report to the local police; - submit a fully completed and signed damage report form to Rental Location as soon as possible; - refrain from admitting guilt in any form.

5. Hirer is obliged to impose the obligations and prohibitions of this article on driver, passengers and other users of the Bicycle(s) and to ensure compliance with them.

6. Tenant shall inform Cycleshare as soon as possible of: - disruption of the operation of the odometer as soon as Tenant may reasonably assume that there is such a disruption; - the occurrence of an event causing or reasonably likely to cause damage to, with or by the Bicycle(s); - breakdown of the Bicycle(s); - loss of or otherwise loss of control over the Bicycle(s), parts and accessories thereof; - seizure of the Bicycle(s); - and about other circumstances about which Cycleshare should reasonably be informed.

7. If Cycleshare is required to provide information to authorities about the identity of the person who at any time drove or used the Bicycle(s), Tenant shall answer questions posed by Cycleshare in connection therewith as soon as possible.

8. The Renter will inspect the Bicycles and Accessories upon receipt and report any defects to the Rental Location. In the absence of such notification, the Renter shall be deemed to have received the Bikes and Accessories in good condition.

9. The Renter may not transport any persons other than the driver on the Bicycles, other than those using the Accessories provided for that purpose.

10. The Renter will take all possible precautions against damage, loss and/or theft of the Bikes and Accessories. When storing the Bikes and Accessories the Renter will always lock the Bikes and Accessories with the lock(s) mounted on the Bikes and Accessories. When storing the Bikes, the Renter shall remove all loose and theft-sensitive Accessories and carry them with him.

11. The Renter will not make any changes to the Bikes and Accessories.

Article 7: Obligations of Cycleshare

1. Cycleshare shall provide the Renter with Bikes and Accessories that are in a good and safe condition, meet the legal requirements and are equipped with the necessary means for the Renter to protect the Bikes and Accessories against theft.

2. If and insofar as Cycleshare uses a third party for the rental of the Bicycles and Accessories, Cycleshare shall enable this third party to fulfil CycleShare's obligations under the Rental Agreement.

3. If an E-scooter is involved, Cycleshare shall hand the Renter the required documents prior to the rental period.

4. Cycleshare shall ensure that Dutch-language instructions are provided with an E-scooter.

5. Cycleshare states the level at which the tyre pressure should be maintained.

6. In case of a breakdown, Tenant should contact Cycleshare to discuss how the breakdown can be remedied.

Article 8: Rental fee, payment and costs

1. Prior to the use of the Bicycles and Accessories, the Renter is obliged to pay the rental fee and a deposit as stated on the Rental Agreement.

2. In the event that without the written permission of Cycleshare the agreed rental period is exceeded by more than 30 minutes, the Hirer shall owe rent for the period of excess plus a penalty of €25.00 for each day that the bicycle(s) is (are) returned late (whereby a part of a day is counted as a whole day), without prejudice to Cycleshare's right to full damages. The Renter is obliged to pay the total amount due to the Rental Location upon returning the Bikes and Accessories.

3. The provisions of paragraph 2 of this article shall not apply if the Hirer has notified CycleShare or the Rental Location prior to the expiry of the Rental Agreement, that as a result of a force majeure situation he is unable to return the Bicycles and Accessories in time and CycleShare or the Rental Location has agreed to return them at a later time.

4. If the Renter has not returned the Bicycles and Accessories on the previously agreed end date, the Renter shall be obliged to pay Cycleshare the replacement value of the relevant Bicycle within three days. As long as this amount is not paid, the Hirer shall also continue to owe rent and penalties. If the Hirer still returns the Bikes and Accessories at any time within three months after the agreed end date, the said amount shall be deducted from all that the Hirer owes Cycleshare. Payment of the aforementioned amount does not transfer ownership of the Bicycles and Accessories to the Renter; Cycleshare remains the owner of the Bicycles and Accessories at all times.

5. If applicable, the deposit will be returned after settlement of the outstanding costs as soon as the bicycle has been returned, unless there is damage to the bicycle. In the event of damage to the Bicycle, the deposit shall be returned to the extent that it exceeds the amount for which the Renter is liable. Such return shall take place as soon as it is sufficiently clear that there is such excess. In the event the Cycleshare damage is caused by third parties and Cycleshare has fully recovered the damage from such third parties, the deposit shall be returned within 14 days of the recovery of the damage. Cycleshare shall endeavour to recover damage caused by third parties as soon as possible. Cycleshare will keep the Renter informed of developments.

6. During the rental period, the costs related to the use of the Bicycle shall be borne by the Renter.

7. Costs not arising from the agreement cannot be charged.

8. If the Bicycle and/or Accessories show any defect not attributable to the Renter that prevents normal use, the Renter will be allowed to return the Bicycle and/or Accessories to the Rental Location within 30 minutes after the start of the Rental Agreement. The Rental Agreement will then be terminated and the Renter will be entitled to a refund of the paid rental fee.

Article 9: Liability for damage, loss and/or theft

1. CycleShare shall not be liable for any damage, direct or indirect and of any nature whatsoever, to the Renter or third parties, regardless of the manner in which it arose and the persons by whom it was caused, except insofar as the damage is the direct result of a manufacturing defect or culpable negligence on the part of CycleShare, in which case CycleShare shall only be obliged to compensate the damage up to a maximum of the amount paid out by its insurance company. CycleShare strongly recommends the use of helmets.

2. The Renter must report damage to, loss or theft of the Bicycles and Accessories, the bicycle key or the battery, as soon as reasonably practicable, to an employee of the Rental Location and/or to CycleShare via the e-mail address and/or telephone number listed on the Rental Agreement.

3. The Renter is liable to CycleShare for all damage caused to the Bicycles and Accessories during the rental period by whomever and in whatever manner. The Hirer is furthermore liable vis-à-vis CycleShare for any damage resulting from loss and/or theft of the Bicycles and Accessories. Where appropriate, the Hirer shall be held to compensate CycleShare in full for CycleShare's damages, including the actual costs of any repairs to and/or replacement of the Bicycles and Accessories as well as loss of rent. The Hirer is not liable for replacement costs if the Hirer has locked the Bicycles and Accessories with the locks fitted to the Bicycles or the locks provided for that purpose and has submitted the key(s) together with the police report to CycleShare or to the Rental Location.

4. Even if damage occurs to the Bicycles and Accessories during the rental period, the Renter must return the (damaged) Bicycles and Accessories to the Rental Location, unless other agreements have been made with Cycleshare or the Rental Location about this after the damage has been reported.

5. Any damages shall be paid by the Renter at the Rental Location on the previously agreed end date on which the Bikes and Accessories are to be returned. Cycleshare reserves the right to make an additional charge if the compensation proves insufficient.

6. Except for the situation described in the following paragraph of this article, the Hirer shall not be permitted to make or have repairs made to the Bicycles and Accessories, unless Cycleshare has given its express consent. CycleSharel shall only grant such permission if it is necessary, given the nature of the defect and the circumstances of the case.

7. The Renter is permitted, at his/her own expense and risk, to repair/replace flat tyres, lights and batteries of the bicycle lighting (or have them repaired) without Cycleshare's consent. Cycleshare is not obliged to reimburse these costs. The aforementioned goods become the property of Cycleshare.

Article 10: Defects of the E-scooter and liability of the Cycleshare

1. Cycleshare is obliged at the request of the Rental Location to remedy defects, unless this is impossible or requires expenditure that cannot reasonably be expected of Cycleshare in the given circumstances. This obligation does not apply if the Tenant is liable to Cycleshare for the occurrence of the defect and/or for the consequence of the defect.

2. Cycleshare shall not be liable for damage resulting from a defect in the E-scooter to the extent that the injured party is entitled to compensation under insurance or benefits from other sources.

3. This does not apply if Cycleshare knew or ought to have known of the defect or if Cycleshare can be blamed for intent or gross negligence in respect of the defect.

Article 11: Government measures and information to authorities

1. All sanctions and consequences of measures imposed by the authorities in connection with the bicycle being at the disposal of the Hirer or the use of the bicycle shall be for the account of the Hirer, unless they relate to a defect already present at the start of the hire or the sanctions relate to circumstances within the sphere of risk of Cycleshare.

2. If these sanctions and measures are imposed on Cycleshare, the Tenant shall be obliged to indemnify Cycleshare at its first request, whereby the Tenant shall additionally owe the costs of administration in and out of court, with a minimum of €25, - (incl. VAT). Cycleshare shall limit the damage as much as possible.

3. If Cycleshare provides information to authorities in connection with any behaviour or omission of Tenant, such as a traffic violation, Tenant shall be obliged to reimburse the related administration costs, with a minimum of €10, - (incl. VAT).

Article 12: Seizure of the E-scooter

1. In the event of administrative, civil or criminal attachment of the E-scooter, the Renter shall remain obliged to fulfil the obligations of the rental agreement, including the payment of the rental price, until the moment when the E-scooter is again in Cycleshare's possession free of attachments, unless the attachment is related to circumstances within Cycleshare's sphere of risk.

2. The tenant is obliged to indemnify Cycleshare for all costs arising from the attachment.

Article 13: Late payment

1. The payment terms stated in these general terms and conditions are deadlines, so that in the event of late payment the Renter will be in default without further notice of default.

2. If a payment term is exceeded, the Renter shall owe statutory interest on the amount due. If costs are incurred to collect the claim(s) of Cycleshare, the Renter shall also be liable for such costs. These extrajudicial collection costs will be fixed at the amounts specified below, without prejudice to Cycleshare's right to compensation of the actual costs. - € 44.00, including VAT, if the principal amount plus interest is €500.00 or less; - € 75.00, including VAT, if the principal amount plus interest is €5,000.00 or less; - € 768.00, including VAT, if the principal amount plus interest is €10.000.00 or less; - € 904.00, including VAT, if the principal plus interest amounts to € 20,000.00 or less; - € 1,158.00, including VAT, if the principal plus interest amounts to more than € 20,000.00.

Article 14: Premature termination of the agreement

In addition to the cases regulated by law, CycleShare may at any time (partially) dissolve, terminate or cancel the Rental Agreement in the event of any suspected or actual violation of the provisions of the Rental Agreement and these General Terms and Conditions. In such case, Cycleshare may demand the immediate return of the Bicycles and Accessories and take back the Bicycles and Accessories wherever and with whomever they are located, without any obligation to pay any damages or compensation to the Renter. In particular, CycleShare has this right if after the conclusion of the Lease Agreement circumstances come to its attention which give it good reason to fear that the Hirer will not fulfil its obligations or if Cycleshare has asked the Hirer at the conclusion of the Lease Agreement to provide security for fulfilment and such security is not provided or is insufficient.

1. Cycleshare is entitled to terminate the rental agreement without notice of default or judicial intervention and to regain possession of the Bicycle, without prejudice to its right to compensation for costs, damages and interest, if during the rental period the Renter fails to fulfil one or more of his obligations, fails to do so in time or in full, if the Renter dies is placed under guardianship, applies for a moratorium, is declared bankrupt, is subject to the Dutch Natural Persons Debt Rescheduling Act, or if Cycleshare becomes aware of circumstances of such a nature that had Cycleshare been aware of them it would not have entered into the rental agreement.

2. Tenant shall render all co-operation to Cycleshare in order to regain possession of the Bicycle.

3. If the Tenant dies before the rental agreement commences, the rental agreement will be considered dissolved without notice of default or judicial intervention.

4. Cycleshare shall not be liable for any damage resulting from the termination of the rental agreement.

Article 15: Complaints

1. Any complaints by the Hirer about the performance of the agreement must be made known to CycleShare or the Rental Location without delay, so that they can be addressed.

2. Should a complaint not be satisfactorily resolved, the Tenant may submit it to Cycleshare . in a timely, complete and clearly described manner. Complaints submitted within two months are in any case timely.

Article 16: Changes

1. Changes in and/or additions to these General Terms and Conditions must be made in writing. Verbal agreements on these will not be made.

2. If these General Conditions should conflict with one or more conditions included in the Rental Agreement, the conditions included in the Rental Agreement shall prevail.

3. Should individual points of these General Terms and Conditions be and/or become ineffective, this shall not alter the validity of the remaining points. In this case, the ineffective passage will be replaced by another passage which most closely approximates the original in meaning and content.

4. All amounts mentioned are subject to errors and changes.

5. These general terms and conditions apply from 1 January 2014. They apply until changes to the general conditions are indicated in writing by CycleShare.

Article 17: Processing of personal data of the Renter and of the driver

The personal data mentioned on the contract will be processed by CycleShare as the responsible party within the meaning of the Personal Data Protection Act in a register of personal data. On the basis of this processing, CycleShare can give effect to article 13 of these general conditions and execute the agreement.

Article 18: Applicable law

1. Every Rental Agreement between CycleShare and a Hirer and these General Terms and Conditions shall be governed by Dutch law.

2. Any disputes will be submitted to the competent court of the District Court in The Hague.

Article 19: Right of withdrawal

1. You have the right to cancel your order up to 14 days after receipt without giving reasons. You will then be credited with the full order amount including additional costs within 14 days. To exercise this right, please contact us at vvv@gorinchem.nl or info@cycleshare.nl.