LOAN BIKE AGREEMENT
General
Your VanMoof bike has been taken in for repair. As an extra service, VanMoof offers you a loan bike and, if applicable, accessories ('Loan Bike') for as long as the repair takes. Loan Bikes are available while supplies last when you hand in your own VanMoof bike physically to a VanMoof store, and they cannot be reserved. You may borrow the Loan Bike only if you agree to the applicable General Terms and Conditions of VanMoof and the following additional agreements ('Agreement') by scanning the QR code shown below.
- Obligations
- The customer ('Customer') has a VanMoof account linked to the VanMoof bike, and the bike in question is under repair at VanMoof.
- The Customer will make a visual inspection of the Loan Bike before use and must immediately report any observable defects.
- The Customer will use the Loan Bike with care, as expected of a good borrower. When storing the Loan Bike, the Customer must always lock it, using at least (depending on the type) the ring lock (Ring Lock) provided with the Loan Bike or the rear wheel lock (Kick Lock) integrated in the Bike and, where possible, also the chain lock provided with the Bike. The Customer must activate the alarm of the VanMoof bike in the VanMoof app when parking or storing it.
- The Customer is not allowed to make any changes to the Loan Bike by means of, for example, software, an application or other third-party material.
- The Customer will behave as a good borrower, will return the Loan Bike in the same condition as at the start of the loan period, will act in accordance with the law and regulations and will use the Loan Bike only on public (paved) roads.
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Damage and repairs
- If the Loan Bike is damaged during the loan period, the Customer must return the damaged Loan Bike to VanMoof, unless other agreements are made after the damage has been reported.
- The Customer must report damage incurred by the Loan Bike to VanMoof's Customer Service as soon as reasonably possible.
- Repairs to the Loan Bike are at the expense of VanMoof unless they are necessary as a result of negligent use of the Loan Bike by the Customer or by persons for whom the Customer is responsible. If VanMoof charges the Customer for the repair costs as a result of negligent use, VanMoof will inform the Customer in writing of the amount and nature of the damage.
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Loss and theft
- No later than 24 hours after discovery, the Customer must report the loss or theft of the Loan Bike to VanMoof's Customer Service and, if applicable, make a theft report to the police; a copy of the police theft report is to be sent to VanMoof at the e-mail address bikehunter@vanmoof.com.
- In the event of loss or theft of the Loan Bike, the Customer will pay VanMoof the sum of EUR 98 for the Bike Hunters. NB: The fact that the Customer has purchased the POM theft service for his/her own VanMoof bike does not alter this.
- During the period between receipt and return of the Loan Bike, the Customer is liable for any damage caused by loss or theft of the Loan Bike, up to a maximum amount of the value of the Loan Bike. However, the Customer will only have to pay the amount of the excess (EUR 98 for the Bike Hunters), provided that the Customer:
a.has locked the Loan Bike correctly and
b.has reported the theft to the police and has submitted a copy of the police theft report to VanMoof at the e-mail address bikehunter@vanmoof.com.
- The Customer is responsible for taking out liability insurance.
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Liability
- VanMoof is not liable for damage to and/or by the Customer by or in connection with the use of the Loan Bike.
- VanMoof is not liable for any consequential damage resulting from the fact that the Customer has been unable, temporarily or permanently, to use a Loan Bike.
- The Customer indemnifies VanMoof against claims from third parties pursuant to damage as referred to in clause 1.
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Returning the Loan Bike
- The Customer is obliged to return the Loan Bike (or have it returned) as soon as possible to the VanMoof store concerned at his/her own expense, no later than five working days after VanMoof has informed the Customer that the Customer’s own VanMoof bike has been repaired or that the Customer’s own VanMoof bike is to be returned because it has been declared a write-off.
- If the Customer has not returned the Loan Bike to VanMoof within five working days after repair, as referred to in clause 1 above, the Customer will pay VanMoof the sum of EUR 10 for each subsequent day that the Loan Bike has not been returned.
- If the Customer does not return the key, the lock or any accessory provided, the Customer will be liable for the cost of replacement.
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Miscellaneous
- If the Loan Bike indicates an error message or a defect, the Customer will immediately contact the VanMoof store concerned.
- Should the Customer be unable to comply with the obligations of this Agreement, the Customer is to contact the relevant VanMoof Store.
- The Customer and the VanMoof store concerned or Customer Support may make different arrangements by written agreement.
- In the event of any conflict between VanMoof's General Terms and Conditions and this Agreement, the provisions of this Agreement prevail.
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