The General Terms and Conditions

Index

The General Terms and Conditions Deluxe 7
The General Terms and Conditions e-Kick




The General Terms and Conditions
Deluxe 7

1. Definitions

The General Terms and Conditions feature the following defined terms:

Subscription:

The agreement between Swapfiets and the Renter concerning the Renter's use of the Bicycle in return for payment of the Subscription cost in accordance with these General Terms and Conditions.

Terms and Conditions:

These general Terms and Conditions.

End Date:

The date on which the Subscription ends due to termination by the Renter as explained in Article 6.3.

Bicycle:

The Bicycle made available to the Renter by Swapfiets based on the Subscription for use by the Renter in accordance with the Terms and Conditions.

Renter:

Any natural or legal person who concludes a Subscription with Swapfiets;

Improper Swap:

Has the definition as explained in Article 5.4.

Swapfiets:

Swapfiets Denmark ApS, Lyskær 3 C, DK-2730 Herlev, Central Business Register (CVR) no . 39584867.

Swapping:

The solution provided by Swapfiets for the Renter concerning the Bicycle, by either repairing or exchanging it for another Bicycle.

 

2. Applicability

2.1 The Danish version of the Terms and Conditions remains leading at all times, this translation is only provided for communication.
2.2 These Terms and Conditions apply to every Agreement between Swapfiets and a Renter. 
2.3 Agreements between Swapfiets and Renter in deviation from, or in addition to, these Terms and Conditions are valid only if explicitly confirmed by Swapfiets, e.g. via e-mail. 
2.4 All amounts mentioned by Swapfiets include VAT.

3. Subscription

3.1 For the duration of the Subscription the Renter will have a Bicycle. 
3.2 The Bicycle comes with a ring- and chain-lock, with 1 key. 
3.3 The Subscription entitles Renter to free Swapping (see Article 5). 
3.4 Swapfiets always has a spare key of the Bicycle. When the key gets lost or damaged a new key has to be requested from Swapfiets. Delivery of a newkey incurs costs of DKK 115 per key. 
3.5 Due to the risk of theft, the Renter is forbidden from making copies of the key and from having more than one key in possession. A key that was given as missing must be returned to Swapfiets immediately upon recovery. 
3.6 The Bicycle can feature advertisements. If the advertisement is damaged, or not present anymore, the Renter should notify Swapfiets immediately.

4. Terms and Conditions

4.1 The renter shall ensure that all reasonable care is taken when using the Bicycle. 
4.2 The Bicycle is intended only for personal use by the Renter. 
4.3 The Bicycle remains the possession of Swapfiets at all times. The Renter is prohibited from assuring a third party any rights to the Bicycle. 
4.4 The Renter is responsible for compliance with the Terms and Conditions. 
4.5 The Renter may not make any changes to the Bicycle that cannot be removed without damaging the Bicycle. 
4.6 The Renter will be responsible for passing on changes to the data known to Swapfiets, such as a new address, in good time.  
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 Swapfiets. Minors may subscribe under the supervision of an adult. 

5.  Swapping

5.1 Swapfiets strives to Swap a Bicycle within a day from the Renter contacting Swapfiets via either phone, e-mail, or Whatsapp. The place of Swapping will be agreed with the Renter. Clause 7.1 applies.
5.2 The Renter cannot claim compensation if the Swap takes place outside of the 24-hour time period. 
5.3 Swapping takes place only in case of a defect which is caused by ordinary wear and tear, loss, or theft of the Bicycle and only within the zip codes in which Swapfiets is active. Examples of defects caused by ordinary wear and tear include: Flat tires, a broken chain, a torn saddle, and broken lighting.
5.4 When the Renter requests a Swap on unaccepted grounds (an ‘Improper Swap’) Swapfiets has the right to charge a DKK 150 front fee. When the Renter fails to appear at a scheduled Swapping, this will also be considered an Improper Swap.
5.5 When Swapping a Bicycle, the Renter must transfer both the Bicycle and the key to Swapfiets.

6.  Subscription Term and Termination

6.1 The Subscription has a runtime of one month. After this term the Subscription is tacitly extended for a period of one month. The first payment covers the rest of the current month plus one month.
6.2 The Subscription cost for the first month will be determined on a pro rata basis of the remaining number of days in the month. 
6.3 The Renter forfeits the cancellation right under section 18 of the Danish Consumer Contracts Act, as the Renter has expressly consented to commence performance of the service by way of delivery of the Bicycle before the expiry of the 14 days' cancellation right and as the Renter has expressly acknowledged that the Renter will lose the right to cancel upon performance of the service.
6.4 The termination period is one month. From the day the Renter’s termination has been received by Swapfiets, the Subscription runs for one month. The End Date will be one month after termination notice.
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 Swapfiets no later than the End Date. 
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 Renter’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 Swapfiets. The e-mail must be received by Swapfiets on the day preceding the End Date.
6.9 If the Renter wishes to enter another Subscription within six months of the End Date, a startup cost of DKK 450 is applicable. 
6.10 When the Bicycle is not returned on or before the End Date a DKK 70 daily fine is applicable for every day from the End Date until return of the Bicycle, with a maximum of 7 days. 
6.11 If the Bicycle has not been transferred to Swapfiets within seven days of the End Date and the Subscription has not been reactivated, Swapfiets will report a theft by the Renter. In that case, the Renter will also be obliged to pay compensation to Swapfiets, which will be established for each type of Subscription and can be found in Table 1, without prejudice of the right of Swapfiets to request full compensation of the loss sustained by it, to the extent that it exceeds the compensation, depending on the type of Subscription.

Type of Subscription

Established Compensation

Deluxe Subscription

DKK 3,450

 

Table 1: Amount of compensation for each type of Subscription

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 missing

7.1 In the event of the loss or theft of the Bicycle, the Renter will be obliged to report this to Swapfiets within 24 hours, and to hand over to Swapfiets the key to the Bicycle, and to report this loss or theft to the police within 48 hours. 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 Swapfiets.

Type of Subscription

Established deductible

Deluxe Subscription

DKK 450


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 Swapfiets, the Renter will owe Swapfiets the compensation established in Table 1.
7.3 To minimize cases of theft, loss, or damage the Bicycle must always be double locked using ring- and chain-lock. Wherever possible the Bicycle should be attached to an object with the chain-lock. 
7.4 If the Bicycle is not double locked and an incident occurs, including 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.

Type of Subscription

Established Surcharge

Deluxe Subscription

DKK 3,450


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

7.5 When a stolen Bicycle is retrieved within the within the term of the Subscription the Renter will be, at a maximum, be credited with the paid deductible. Swapfiets determines this amount based on the state of the Bicycle and other eventual costs. 
7.6 If the Renter does not supply Swapfiets with correct information concerning the Bicycle a disinformation charge of DKK 750 will be applicable in addition to the possible deductible and negligence charges. 
7.7 When parts of the Bicycle are missing or stolen Swapfiets has the right to charge the Renter to a maximum of the deductible price. A specified item list is available at request from Swapfiets.
7.8 If the Bicycle is removed by the municipality, this will be regarded as an Improper Swap. Swapfiets will collect the Bicycle and will contact the Renter to deliver a new Bicycle. Swapfiets will be entitled to charge costs for this to the Renter, such as any costs for obtaining the Bicycle and the fee for an Improper Swap.

8.  Damage

8.1 The Renter must report damage to the Bicycle as a result of vandalism to Swapfiets within 24 hours of the Renter's knowledge of the vandalism. 
8.2 In the event of damage or wear and tear to the Bicycle other than what is to be expected from normal use Swapfiets reserves the right to recover the costs from the Renter. 
8.3 In case of damage caused by a third party, or third party liability, the Renter is obliged to supply Swapfiets with the contact information of the third party and a situation description agreed on by both parties. An accident form can be found on www.swapfiets.dk. If no contact information is supplied all costs shall be charged to the Renter.

9.  Payments

9.1 The Renter is obliged to authorize a credit card or MobilePay payment, as applicable, for the monthly subscription costs and any other eventual charges at the start of the Subscription. 
9.2 In case of extra charges, such as deductibles or fees, Swapfiets reserves the right to demand payment before supplying the Renter with a new Bicycle. 
9.3 When the Subscription costs cannot be written off or are wrongfully cancelled, the Renter is in default. The Renter will receive a reminder to pay the due amount within 14 days. If the amount is not fulfilled within an additional 10 days, Swapfiets will place the claim for collection. All extra costs, interest and extrajudicial costs are at the expense of the Renter.

10. Trading in old bicycle

10.1 It is possible for the Renter to trade in an old bicycle at the start of the Subscription for compensation in the form of a discount on the Subscription. 
10.2 The discount is determined per bicycle, and must be agreed upon by the Renter and Swapfiets. If the Renter and Swapfiets cannot agree upon a discount then the bicycle will not be taken in for trade by Swapfiets. 
10.3 If the Renter intends to trade in a bicycle that is not the possession of the Renter than the Subscription will be immediately terminated and the authorities will be notified.

11. Liability

11.1 The Renter must examine the Bicycle upon delivery. If the Renter commences with use of a Bicycle, this will be regarded as proof that the Bicycle is functioning properly. 
11.2 The Renter must give immediate notice to Swapfiets of any defects on the Bicycle, 
11.3 The use of the Bicycle is at the own risk of the Renter. In case of doubts on the Renter’s part concerning the safety of the Bicycle, the Renter should contact Swapfiets immediately.
11.4 Swapfiets is not liable for any damage suffered by the Renter as a result of using the Bicycle, unless there is intentional or gross negligence on Swapfiets’s part . 

12. Amendments

12.1 Swapfiets reserves the right to change the costs of a Subscription. Changes will be communicated to the Renter via e-mail at least two months before the effective date.
12.2 Changes to the Terms and Conditions will be made known at least one month before becoming applicable, by a notification on www.swapfiets.dk and via an e-mail to the Renter. 
12.3 Swapfiets reserves its right to transfer its claims on the Renter to a third party at all times.
12.4 The Renter may change the Subscription into a more expensive Subscription (to the extend such subscription is available) free of charge, in which case Swapfiets 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, Swapfiets will be entitled to charge the costs of an Improper Swap for this.

13. Non-compliance with obligations

13.1 Swapfiets reserves the right to terminate (completely or partially) the Subscription via a written notification to the Renter in case of:

  • The Renter is in default concerning obligations rendered in the Subscription;

  • Bankruptcy or restructuring proceedings are commenced against the Renter;

  • The Renter enters a debt relief programme;

  • Seizure of the Bicycle preventing the Renter from fulfilling his obligations from the subscription;

  • The Renter is misusing the offered services;

  • The Renter willfully provides Swapfiets with incorrect information;

13.2 The Renter has the right to terminate the Subscription immediately in case Swapfiets has seriously failed to fulfill its obligations from the Terms and Conditions.

14. Privacy

14.1 Swapfiets 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://swapfiets.nl/en/privacy/. Questions or remarks in this regard may be addressed to privacy@swapfiets.com

15. Applicable law. Disputes

15.1 The Subscription and the Terms and Conditions are exclusively applicable under Danish law. 
15.2 All disputes arising from, or related to, the Subscription will be exclusively submitted to the Copenhagen City Court.

www.swapfiets.dk Version 2.0 maj 2019

Terms & Conditions
e-Kick

1. Definitions

The General Terms and Conditions feature the following defined terms:

Subscription:

The agreement between Swapfiets and the Renter concerning the Renter's use of the e-Kick in return for payment of the Subscription cost in accordance with these General Terms and Conditions.

Terms and Conditions:

These general Terms and Conditions.

End Date:

The date on which the Subscription ends due to termination by the Renter as explained in Article 6.3.

e-Kick:

The e-Kick made available to the Renter by Swapfiets based on the Subscription for use by the Renter in accordance with the Terms and Conditions.

Renter:

Any natural or legal person who concludes a Subscription with Swapfiets.

Improper Swap:

Has the definition as explained in Article 5.4.

Swapfiets:

Swapfiets ApS, Langebrogade 5, DK-1411 Copenhagen K, Central Business Register (CVR) no. 39584867.

Swapping:

The solution provided by Swapfiets for the Renter concerning the e-Kick, by either repairing or exchanging it for another e-Kick.



2. Applicability

2.1 The Danish version of the Terms and Conditions remains leading at all times, this translation is only provided for communication

2.2 These Terms and Conditions apply to every Agreement between Swapfiets and a Renter.

2.3 Agreements between Swapfiets and Renter in deviation from, or in addition to, these Terms and Conditions are valid only if explicitly confirmed by Swapfiets, e.g. via e-mail.

2.4 All amounts mentioned by Swapfiets include VAT.

3. Subscription

3.1 For the duration of the Subscription the Renter will have an e-Kick.

3.2 The e-Kick comes with a cable lock with one key.

3.3 The Subscription entitles Renter to free Swapping (see Article 5).

3.4 Swapfiets always has a spare key to the e-Kick. If the Renter loses a key, they must request a new key from Swapfiets. The costs involved amount to DKK 115 per key.

3.5 Due to the risk of theft, the Renter is forbidden from making copies of the key and from having more than one key in possession. A key that was given as missing must be returned to Swapfiets immediately upon recovery.

3.6 The e-Kick may contain advertisements. The Renter must immediately contact Swapfiets if the advertisement has been damaged or if an advertisement completely disappears from the e-Kick.

4. Conditions

4.1 The Renter makes normal use and takes due care of the e-Kick, in accordance with the instructions given by Swapfiets.

4.2 The e-Kick is intended only for personal use by the Renter. The Renter is not allowed to use the e-Kick as an entrepreneur (i.e. using the e-Kick for e.g. the professional delivery of goods is prohibited). In the event of a breach of this obligation the Renter shall pay a contractual penalty in an adequate amount, however not more than DKK 4.115. The precise amount of such contractual penalty shall be determined by Swapfiets. Such contractual penalty shall be without prejudice to any other rights of Swapfiets, including but not limited to a right to claim damages and to terminate the subscription in accordance with Clause 13 of the General Terms and Conditions.

4.3 The e-Kick remains the possession of Swapfiets at all times. The Renter is prohibited from assuring a third party any rights to the e-Kick.

4.4 The Renter is responsible for compliance with the Terms and Conditions.

4.5 The Renter may not make any changes to the e-Kick that cannot be removed without damaging the e-Kick and is not permitted to manipulate in any way the electronics, motor and/or software of the e-Kick

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

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 Swapfiets. Minors may subscribe under the supervision of an adult.

5. Swapping

5.1 Swapfiets strives to Swap a e-Kick within 24 hours from the Renter contacting Swapfiets via either phone, email, or WhatsApp. The place of Swapping will be agreed with the Renter. Clause 7.1 applies.

5.2 The Renter cannot claim compensation if the Swap takes place outside of the 24-hour time period.

5.3 Swapping takes place only in case of a defect which is caused by ordinary wear and tear, loss, or theft of the e-Kick and only within the zip codes in which Swapfiets is active. Examples of defects caused by ordinary wear and tear include: Flat tires, a broken chain, a torn saddle, and broken lighting.

5.4 When the Renter requests a Swap on unaccepted grounds (an ‘Improper Swap’) Swapfiets has the right to charge a DKK 150 front fee. When the Renter fails to appear at a scheduled Swapping, this will also be considered an Improper Swap.

5.5 When Swapfiets exchanges a e-Kick, the Renter will transfer the e-Kick to Swapfiets including the battery and the corresponding key.

6. Term of the Subscription and termination

6.1 The Subscription has a runtime of one month. After this term the Subscription is tacitly extended for a period of one month. The first payment covers the rest of the current month plus one month.

6.2 The Subscription cost for the first month will be determined on a pro rata basis of the remaining number of days in the month.

6.3 The Renter forfeits the cancellation right under section 18 of the Danish Consumer Contracts Act, as the Renter has expressly consented to commence performance of the service by way of delivery of the e-Kick before the expiry of the 14 days' cancellation right and as the Renter has expressly acknowledged that the Renter will lose the right to cancel upon performance of the service.

6.4 The termination period is one month. From the day the Renter’s termination has been received by Swapfiets, the Subscription runs for one month. The End Date will be one month after termination notice.

6.5 The Renter has the right to use the e-Kick 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 e-Kick and key are to be submitted to Swapfiets no later than the End Date.

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

6.8 Prior to returning the e-Kick on the End Date the Renter can cancel the termination free of charge by sending an email to Swapfiets. The e-mail must be received by Swapfiets on the day preceding the End Date.

6.9 If the Renter wishes to enter another Subscription within six months of the End Date, a startup cost of DKK 450 is applicable.

6.10 When the e-Kick is not returned on or before the End Date a DKK 70 daily fine is applicable for every day from the End Date until return of the e-Kick, with a maximum of 7 days.

6.11 If the e-Kick has not been transferred to Swapfiets within seven days of the End Date and the Subscription has not been reactivated, Swapfiets will report a theft by the Renter. In that case, the Renter will also be obliged to pay compensation to Swapfiets, which will be established at DKK 4.115, without prejudice of the right of Swapfiets to request full compensation of the loss suffered by it, to the extent that it exceeds the sum of DKK 4.115.

6.12 The Renter is aware that the e-Kick could be owned by a leasing company. If the e-Kick is owned by a leasing company, the Renter will be obliged, on the leasing company’s demand, to either hand in the e-Kick 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 e-Kick, the Renter will be obliged to report this to Swapfiets within 24 hours, to hand over to Swapfiets the keys to the e-Kick, and to report this loss or theft to the police together with an employee of Swapfiets. In that event, the Renter will owe a deductible of DKK 600. After the report has been completed, the Renter will receive a replacement e-Kick from Swapfiets.

7.2 If the Renter does not, or not in good time, report the loss or theft of the e-Kick, or if the Renter cannot hand over the e-Kick keys to Swapfiets, the Renter will owe Swapfiets the amount of DKK 4.115.

7.3 In order to prevent incidents such as loss, theft and damage, the e-Kick must always be locked with the provided cable lock. The e-Kick should be attached to an object using the cable lock at all time. Wherever possible, the e-Kick should be stalled indoor.

7.4 When a stolen e-Kick is retrieved within the within the term of the Subscription the Renter will be, at a maximum, be credited with the paid deductible. Swapfiets determines this amount based on the state of the e-Kick and other eventual costs.

7.5 If the Renter does not supply Swapfiets with correct information concerning the e-Kick a disinformation charge of DKK 750 will be applicable in addition to the possible deductible and negligence charges.

7.6 When parts of the e-Kick are missing or stolen Swapfiets has the right to charge the Renter to a maximum of the deductible price. A specified item list is available at request from Swapfiets.

7.7 If the e-Kick is removed by the municipality, this will be regarded as an Improper Swap. Swapfiets will collect the e-Kick and will contact the Renter to deliver a new e-Kick. Swapfiets will be entitled to charge costs for this to the Renter, such as any costs for obtaining the e-Kick and the fee for an Improper Swap.

8. Damage and servicing

8.1 The Renter must report damage to the e-Kick caused by vandalism to Swapfiets within 24 hours of the Renter's knowledge of the vandalism.

8.2 Swapfiets reserves the right to check the condition of the e-Kick. Customer shall cooperate with any necessary servicing or maintenance, on demand by Swapfiets.

8.3 In the event of damage and wear and tear to the e-Kick other than what can be expected from normal use, such at the discretion of Swapfiets, Swapfiets reserves the right to recover the associated costs from the Renter.

8.4 In case of damage caused by a third party, or third party liability, the Renter is obliged to supply Swapfiets with the contact information of the third party and a situation description agreed on by both parties. An accident form can be found on www.swapfiets.dk. If no contact information is supplied all costs shall be charged to the Renter.

9. Payments

9.1 The Renter is obliged to authorize a credit card payment, as applicable, for the monthly subscription costs and any other eventual charges at the start of the Subscription.

9.2 In case of extra charges, such as deductibles or fees, Swapfiets reserves the right to demand payment before supplying the Renter with a new e-Kick.

9.3 When the Subscription costs cannot be written off or are wrongfully cancelled, the Renter is in default. The Renter will receive a reminder to pay the due amount within 14 days. If the amount is not fulfilled within an additional 10 days, Swapfiets will place the claim for collection. All extra costs, interest and extrajudicial costs are at the expense of the Renter.

10. Liability

10.1 The Renter must examine the e-Kick upon delivery. If the Renter commences with use of a e-Kick, this will be regarded as proof that the e-Kick is functioning properly.

10.2 The Renter must give immediate notice to Swapfiets of any defects on the e-Kick.

10.3 The use of the e-Kick is at the own risk of the Renter. In case of doubts on the Renter’s part concerning the safety of the e-Kick, the Renter should contact Swapfiets immediately.

10.4 Swapfiets is not liable for any damage suffered by the Renter as a result of using the e-Kick, unless there is intentional or gross negligence on Swapfiets’s part.

11. Amendments

11.1 Swapfiets reserves the right to change the costs of a Subscription. Changes will be communicated to the Renter via e-mail at least two months before the effective date.

11.2 Changes to the Terms and Conditions will be made known at least one month before becoming applicable, by a notification on www.swapfiets.dk and via an email to the Renter.

11.3 Swapfiets reserves its right to transfer its claims on the Renter to a third party at all times.

12. Failure to fulfil obligations

12.1 Swapfiets reserves the right to terminate (completely or partially) the Subscription via a written notification to the Renter in case of:

  • The Renter is in default concerning obligations rendered in the Subscription;
  • Bankruptcy or restructuring proceedings are commenced against the Renter;
  • The Renter enters a debt relief programme; Seizure of the e-Kick preventing the Renter from fulfilling his obligations from the subscription;
  • The Renter uses the e-Kick contrary to the provisions in the General Terms and Conditions (e.g. the provisions in clause 4);
  • The Renter is misusing the offered services;
  • The Renter willfully provides Swapfiets with incorrect information;

12.2 The Renter has the right to terminate the Subscription immediately in case Swapfiets has seriously failed to fulfill its obligations from the Terms and Conditions.

13. Privacy

13.1 Swapfiets 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://swapfiets.dk/en/privacy/​. Questions or remarks in this regard may be addressed to ​privacy@swapfiets.com​.

14. Applicable law. Disputes

14.1 The Subscription and the Terms and Conditions are exclusively applicable under Danish law.

14.2 All disputes arising from, or related to, the Subscription will be exclusively submitted to the Copenhagen City Court.

www.swapfiets.dk Version 1.0 November 2019

Version 2.0  May 2019

Version 1.0 25-06-2018