Article 2 Payment
a. The rental fee as well as all other rental agreement amounts due as stated in the account must be paid in cash at the Lessor’s address, unless agreed written otherwise. b. If and when payments are not made in cash Lessor is entitled to the right to increase the amounts of outstanding payments with an interest of five percent (5%) on a monthly basis. This increase is considered to be a condition under which an extension of payment is granted, notwithstanding the continued obligation of Lessee to make payments in cash. The increase becomes effective one month after the invoice date during which Lessor reserves the right to, when Lessee after summons fails to comply, increase the total outstanding amount with collection, litigation and other collection fees, including but not limited to fees for counsel and incurred non-judicial costs. c. The deposit mentioned in the contract serves to payment of all which the Lessee owes to the Lessor on the basis of the rental agreement unabated the obligation of the Lessee to fulfil the potential remaining amount in cash after calculation of the deposit and unabated the right of the Lessor to full damage restitution. d. Lessor waives all liabilities, claims and damages caused by the inability of Lessee to use or make use of the rented bicycle(s) and/or scooter(s). e. In any such cases (recital ‘d.’ above) the obligation of Lessee to pay the Rent and other associated charges as specified on the invoice in full remains unchanged, unless, in connection with the Rent, Lessee demonstrates beyond doubt that the inability to use or make use of the rented bicycle(s) and/or scooter(s) is caused by a defect which was already present at the start of the Hire Period.
Article 3 Hire period
a. The hire period is the period between the start of the hire and the return of the equipment as specified in the rental agreement. b. Extension of the Hire Period takes place only with permission of Lessor and against the (extension) fees as specified under article 1. c. Early return of the bicycle(s) and/or scooter(s) terminates the rental agreement and does not imply any rights on a discount on the contractual or extended Hire Period Rent d. The bicycle(s) and/or scooter(s) has (have) to be returned no later than at the date of return which is mentioned in the rental agreement. e. If and when the Hire Period or the agreed extension of the Hire Period expires with more than 15 minutes without the bicycle(s) and/or scooter(s) being returned at the location as specified in the rental agreement, the Hire Period is considered to continue until the bicycle(s) and/or scooter(s) is (are) returned by Lessee or received by Lessor, against the fees specified under article 1, increased with a fine of 50% of the rental fee for each day the bicycle(s) and or scooter(s) are not returned or collected too late and unabated the right of compensation of the potential costs and losses by the Lessor. f. Notwithstanding the conditions of the recital 3.e. above, in such a case, Lessor is authorised to non-judicially terminate the rental agreement and without delay claim back the bicycle(s) and/or scooter(s) or recover the bicycle(s) and/or scooter(s) from whomever and regardless where it is (they are). This authority is also granted to Lessor when Lessee breaches certain clauses in or conditions under the rental agreement.
Article 4 Use
a. The bicycle(s) and/or scooter(s) can only be used in accordance with their main purpose and by the riders mentioned in the rental agreement. The bicycle(s) must be returned at the location as specified in the rental agreement clean, complete and in the same condition in which Lessee received it (them). b. Lessee must handle the bicycle(s) and/or scooter(s) with care and in an appropriate fashion. Furthermore, Lessee is obliged to take all necessary steps and precautions to prevent the bicycle(s) and/or scooter(s) against loss and from being damaged or stolen. c. The bicycle(s) cannot be used: • In loose sand • For racing and mutual contests • To loan or sub rent to third parties • By more than one person at the time, with the exception of an infant with a maximum weight of 35 kilograms who be seated in a Tuut Tuut childseat d. In any case the scooter(s) cannot be used: • On the unpaved road
• In the forest and dunes • For racing and mutual contests • To loan or sub rent to third parties • By more than two persons • For a weight higher than 150 kg e. The scooter will be delivered with a full tank of gasoline by the Lessor, at the return the Lessee must also deliver the scooter with a full tank of gasoline. If the Lessee fails to do this an extra amount of 12,50 euros will be charged for each scooter. f. The rent is for the risk of the Lessee and his eventual co-lessees. The lessor can in no way be held responsible for damage or injury brought upon oneself or to third parties. Traffic fines and costs involved are for the Lessee and give the Lessor the right to charge the Lessee with the fine.
Article 5 Damage, loss, theft
a. In case of not accepting an insurance the Lessee will be held responsible for theft of the bicycle(s) or parts of it, as well as bicycle keys, helmet and chain(s)/lock(s), against amounts determined by the according to normal standards by the Lessor. b. In case of not accepting an insurance 300 euros will be charged for a bicycle in case of theft. In case of loss/theft of an e-bike 1400 euros will be charged. c. The scooters of Tuut tuut rental are insured by means of a third party insurance. The Lessee agrees to a limited insurance coverage with a personal risk of 150 euros for each event. The Lessee acknowledges to be responsible for all possible damage occurred to the rented item unregarded being caused by culpability of Lessee or third party. The personal risk of 150 euros for each event can be bought off by the Lessee for an amount of 10 euros for each scooter. d. The Lessee is responsible for damages on and loss of the bicycle(s) or parts of it, as well as bicycle keys, helmet and chain(s)/lock(s), against amounts determined by the according to normal standards by the Lessor. f. When parking the scooter the Lessee should at all times use the included lock and secure this lock to the back wheel. Costs for replacing a missing scooter will be fully charged on the Lessee with a maximum amount of 1500 euros. This is not covered by the personal risk insurance offered by the Lessor. g. In case of loss/theft of the bicycle(s) and/or the scooter(s) the Lessee must report directly to the local police station. Thereafter the Lessee delivers a copy of this report to the Lessor. Thereby the Lessee delivers the key of the safety lock and the key of the battery (in case of e-bike) at the Lessor’s address h. The Lessee is responsible for damages on and loss of the bicycle(s) and/or scooter(s) or parts of it, as well as bicycle/scooter keys, helmet and chain(s)/lock(s), against amounts determined by the according to normal standards by the Lessor. i. In case of breakdown the lessee will contact the lessor as soon as possible. If the lessor and lessee agree that the defect has occurred after “normal” use (article 4) the lessor will try to repair the technical malfunction. If this is not possible the lessor will arrange (a) replacement bicycle(s) and/or scooter(s). When no replacement bicycle(s) and/or scooter(s) are at hand the lessee has the right of refund of the rental amount, minus the already rented time. j. After ending the rental agreement the Lessor determines as soon as possible whether there is damage to or loss of the bicycle(s) or parts of it. Thereafter the Lessor informs the Lessee of the cost due to Lessor. The costs will be withheld from the deposit. In case of further costs the lessee will be charged with an invoice. In case of the damage being inflicted by a third party the Lessee is entitled to reclaim these costs of third parties.
Article 6 Costs during the Hire Period
All charges, rates and taxes in connection with the bicycle(s) are at the expense of the Lessee. Alike, all costs relating to the use of the bicycle(s) are at the expense of the Lessee, including but not limited to storage, maintenance and repair.
Article 7 Personal data
Personal data of the Lessee which are mentioned in the rental agreement will be processed by Lessor in accordance with the Dutch Data Privacy Act (Wet Bescherming Persoonsgegevens). This process allows Lessor to execute and deliver the agreement, render optimal services, and timely provide Lessee with product information and personal offers. Objections by Lessee to processing personal data for the purpose of direct mailing will be sustained by Lessor.
Article 8 Reservations and cancel
a. No reservation costs will be charged. Should you have to cancel unexpectedly, this can be done free of charge provided by a written announcement (email) 24 hours in advance, otherwise one day will be charged. •