Terms and conditions

1. Definitions

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

Subscription:
The agreement between Instabike and renter concerning the use of the bike and possible connected products or services.

General Terms and Conditions:
Current Terms and Conditions, which apply to each subscription.

End date:
The date which marks the end of the subscription, which is decided upon by a cancellation of the renter.

Bike:
The transport or city bike, which Instabike makes available to the renter, and which the renter must use in accordance with these Terms and Conditions.

Renter:
A natural or legal person who agrees to a subscription with Instabike.

Instabike Store:
A service point, the address of which is listed on the Instabike website.

Instabike:
Instabike BV, registered office at Rokin 105-A in Amsterdam, KvK 69884919.

2. Applicability

2.a.These General Terms and Conditions apply to each subscription signed between Instabike and renter.
2.b.You can only deviate from these General Terms and Conditions after email confirmation from Instabike.

3. Prices

3.a.The prices for an Instabike are all-inclusive. Possible costs for repairs are billed to Instabike, following what is stated in articles 7 and 8.
3.b.All named prices are including VAT.

4. Subscription

4.a.A subscription gives the renter the right to use one bike, which will not be shared with others.
4.b.The Instabike bike, which the renter has a right to from the starting date of the subscription, is to be collected from one of the Instabike stores. If Instabike cannot make a bike available within 24 hours, for example due to a waiting list, then the contribution for the period until a bike is available is paid back.
4.c.During the period of the subscription, the renter has a right to free repairs. This only applies to repairs of defects that occurred through normal use of the bike.
4.d.The renter is not permitted to make changes to the bike that cannot be undone without causing damage.
4.e.The renter should have a SEPA bank account with enough balance for the monthly direct debit.
4.f.The renter is personally responsible for abiding by these General Terms and Conditions.

5. Key loss

5.a.If a renter loses a key to the bike or if the key breaks, then he or she can request a new one and pick it up at Instabike for € 15 per key.
5.b.The renter is not permitted to have an extra key made, nor to have more than one key per lock in his or her possession.
5.c.If the renter finds a previously reported bike key again, then he or she must immediately bring it to one of the Instabike stores.

6. Use of the bicycle

6.a.The renter is only allowed to use the bike as it is meant to be used, and is to behave like a good renter and cyclist.
6.b.The Instabike bike may only be used by the renter.
6.c.The Instabike bike may only be used for private use.
6.d.The Instabike bike remains the complete property of Instabike. The renter can therefore not create any (security) interest regarding the bike for any third parties.

7. Reparations

7.a.When the renter’s Instabike bike is broken, he or she can get it repaired for free by Instabike.
7.b.The renter should bring the bike in for repairs at one of the Instabike stores. The addresses and opening hours can be found on www.instabike.eu.
7.c.Instabike will repair the bike within 8 hours after the renter reports himself there. If the damage is too big to repair within the space of 8 hours, the renter will receive a replacement bike.
7.d.The renter does not have the right to compensation for potential transportation costs and the time during which he or she cannot use the broken bike.
7.e.Repairs are only free if they concern damage which occurred through normal use of the bike. This could include things like a flat tire, brake problems, a broken saddle and lighting which no longer functions.

8. Damage that occurs from anything other than normal use

8.a.If Instabike determines that the damages have been caused by wrong use of the bike, then Instabike has the right to request a normal market remuneration for the repair.
8.b.If the damage to the bike was caused by vandalism, then the renter should report this to Instabike within 24 hours.
8.c.If the damage was (partially) caused by a third party, then the renter is required to provide the contact details of this party to Instabike, as well as a European Damage form which has been filled out by both parties.
8.d.If no contact details are provided to Instabike in a situation as described in the previous paragraph, then the damages must be paid by the renter.

9. Theft and loss

9.a.If the bike went missing or was stolen, then the renter must report this to Instabike within 24 hours. He or she is required to hand over the keys from the frame lock and chain lock to Instabike and to report this (online). (NB: Making a false police report is a crime). Bike details like the frame number can be received upon request.

9.b.If the bike went missing and the renter parked the bike in a spot where parking was not allowed, then he or she has to enquire at the municipal bike depot whether the bike is there. In that case, the costs for picking up the bike at the bike depot have to be paid by the renter. On top of the bike depot costs, €12,50 will be charged for picking up the bike. Aside from this, €20 will be charged in case the chain lock has to be replaced.
9.b.Due to the risk of theft, the renter should lock the bike with the frame lock and the cable lock at all times. If possible, the renter should lock the cable lock to a fixed object.
9.d.If the bike was locked with both locks and still gets stolen, then the renter pays a deductible excess.For a transportbike, the deductible is €50,00. 
For a citybike, the deductible is €75,00.
9.e.If the bike was not locked with both locks at the moment of theft or when it went missing, then the renter is to pay an additional compensation of €65.
9.f.The renter owes a deductible of € 375 in case:
I : He or she did not report the theft or the bike going missing (or did not report this on time).
II : He or she cannot return the bike key to Instabike.
9.g.The Instabike system is based on trust. When it appears that the renter has provided wrong information about theft or loss of the bike, then the renter owes Instabike a fine of €95. This amount is separate from the €45 deductible and from the €65 additional compensation for negligence.
9.h.If a stolen bike is found again while the renter still has a subscription with Instabike, then he or she will receive the following refund from Instabike:
I : The deductible, if the bike was locked with two locks. Potential costs for repair or renovation of the returned bike will be deducted from this amount. The additional compensation of €65 due to negligence will not be returned.
II : €280 if a renter could not hand over a key to Instabike when the bike was stolen, and paid €375 at the time. In this case, a negligence surcharge of €95 applies. Potential costs for repair or renovation of the returned bike are deducted from the €280 which is to be returned to the renter.
9.i.If parts of the bike are missing or have been stolen, then Instabike has the right to charge the renter for this. The maximum amount that applies here is the deductible amount, €45. At request, Instabike will provide the renter with a price list for the bike parts.

10. Handing in old bike

10.a.The renter has the option to swap his or her old bike for a discount on the subscription. The discount is decided and determined on a bike-by-bike basis. Both the renter and Instabike will give their approval to the agreement regarding the value of the old bike.
10.b.If the renter hands in an old bike which does not belong to him or her, then the subscription will be terminated immediately. All costs will be paid by the renter and a police report will be made.

11. Liability

11.a.The renter should check the bike when he or she first receives it. The moment he or she agrees to use the bike, then this is seen as proof that the bike functions well and that no parts are broken or missing.
11.b.As soon as the renter suspects that the bike is damaged to such an extent that safe use of the bike can no longer be guaranteed, then he or she must directly contact or visit Instabike.
11.c.If the bike is broken or parts are missing, then the renter is responsible for notifying Instabike of this.
11.d.. The use and handling of the Instabike bike is completely at the renter’s own risk.
11.e.With the exception of intent or gross negligence on the part of Instabike, Instabike is in no way responsible for any damages to the renter due to use of the bike.

12. Payment

12.a.Payments can only occur via direct debit. If the renter has a subscription, then he or she is required to authorise the monthly subscription costs (and other owed costs) through direct debit.
12.b.In the event that extra costs are charged, then Instabike has the right to only deliver a new bike once the extra costs have been paid.
12.c.In the event that the subscription costs or other owed costs are not deducted from the renter, or if these payments are unjustly refused by the renter, then the renter will be held in default by operation of law. In that case, Instabike will send the renter a reminder, in which it is noted that the amount must be paid within 15 days. If the amount has not been paid within these 15 days, then Instabike has the right to engage a collection agency. All additional costs that are connected to receiving the owed amount are to be paid by the renter.

13. Payment

13.a.Instabike has the right to change subscription costs. Instabike will notify the renter of any potential changes by email, at least two months before the price alteration.
13.b.Potential changes of the General Terms and Conditions will be announced by Instabike at least one month before the effective date via www.instabike.eu as well as an email to the renter.
13.c.Instabike has the right to transfer claims on the renter to third parties.

14. Length and cancellation of the subscription

14.a.The subscription started by a renter at Instabike is always valid for one month. After this month, the subscription will be tacitly renewed on a month-to-month basis.
14.b.The costs for the first month are determined based on the remaining days in the calendar month.
14.c.The minimal rental period is 3 months. After these 3 months, the subscription’s notice period is one month. Termination is only possible via email. Once Instabike has received the termination request, then the subscription will continue for another month. The subscription’s end date is therefore exactly one month from the day on which Instabike received the termination request by email.
14.d.The bike, keys and other belongings that were present on or attached to the bike when it was first received are to be handed over in one of the Instabike stores, at the latest on the termination date of the subscription.
14.e.If the renter returns the bike to Instabike after the termination request, but before the termination date, then all rights from the subscription are immediately voided. No refunds are possible for this period.
14.f.If the bike still has not been returned to Instabike on the termination date, then the renter owes Instabike a fine of €6 per day, with a maximum of 7 days. If the renter takes out a new subscription within this period, then the fine only continues until the moment when he or she takes out the new subscription.
14.g.If the bike still has not been returned after 7 days, and the subscription has also not been reactivated, then Instabike will report this as theft to the police.
14.h.Once this has been reported to the police, then the damages for stealing the bike will be fixed at €375. Instabike has the right to demand that the renter pays this amount. Moreover, Instabike reserves the right to demand that the renter pays additional potential damages on top of this amount.

15. Niet-nakomingen verplichtingen huurder

15.a. Instabike reserves the right to dissolve or terminate the subscription immediately (completely or partially) by means of an email to the renter if:
I . The renter does not comply with his or her obligations from these General Terms and Conditions.
II . The bike or other property belonging to the renter are confiscated, which then hinders compliance with his or her obligations.
III . The renter intentionally gave wrong information to Instabike.
IV . It can be reasonably assumed that the renter can or will no longer comply with his or her obligations from the subscription.
V . Instabike honestly judges that the renter is abusing the services.
VI . The renter is involved with suspension of payment, bankruptcy, placement under guardianship or the statutory debt restructuring of natural persons.
15.b.If Instabike does not comply with its obligations under these General Terms and Conditions several times, or to a severe degree, then the renter has the right to immediately cancel the subscription. This should happen by email, and the reasons should be mentioned.

16. Data protection

16.a.When a renter starts a subscription, we will collect his or her data in a file. This file will and/or can be used for the execution of our services, marketing and sales activities, market research, and statistical (company) analyses.
16.b.Instabike does not provide third parties with these data, unless this is necessary for a normal execution of the offered services. If data are shared, then the use of these data is limited to what is strictly necessary in terms of the goal.
16.c.The renter can always get access to his or her data for free, and can make adjustments to these data if necessary. Moreover, the renter can always object to receiving information from Instabike.

17. Applicable law

The Dutch law is applicable to all subscriptions and to these General Terms and Conditions.