Terms and Conditions

 

By taking out a Subscription or purchasing a Voucher, the Holder of the subscription/voucher certifies to have read these General Terms and Conditions, the Rental Rate List and Manual (available on the website www.blue-bike.be) and accepts these unreservedly.

  1. Details of Blue-mobility

Blue-mobility nv, company with registered office in 2060 Antwerp, Carnotstraat 39, enterprise number BE 0832-369-965, acting as the provider of these services in the context of the Blue-bike project.

Blue-mobility may be contacted via:

E-mail: info@blue-bike.be

  1. Definitions

Registration benefit:

Under the agreements between Blue-mobility and certain partner organisations (full list: http://www.blue-bike.be/nl/partners), the members of these organisations have the right, upon their enrolment, to hire two free Blue-bikes. To enjoy this benefit, the Subscriber must prove that he is a member of one of these partner organizations through his registration or card number.

Subscription:

The contract between Blue-mobility and the Subscriber, on which basis the latter receives a Blue-bike card which enables him to rent a Blue-bike under the General Terms and Conditions.

Blue-bike card:

A non-nominative card that is provided to the Subscriber upon taking out a Subscription in order to rent a Blue-bike according to a post-paid system. This card shows the number of rentals and their respective duration. Each rental is billed in accordance with the Rental Rate List and the conditions described in these General Terms and Conditions.

Subscriber/Holder of a subscription:

The natural or legal entity who has bought a Subscription from Blue-mobility (registration form can be found on the website: http://www.blue-bike.be/nl/lid-worden).

Holder of a Voucher:

The natural or legal entity who has bought a Voucher from Blue-mobility which entitles him to rent a Blue-bike under the conditions specified on the Voucher.

Blue-bike

Bicycle hired by Blue-mobility.

Blue Mobility:

Blue-mobility nv or one of its authorized representatives

Blue-bike user:

The individual who actually uses the Blue-bike card or Voucher.

 

Personal Blue-bike account:

The secure web pages entitled 'Login' where the Holder can gain access via a personal login and where personal data are being kept, such as, but not limited to, vehicle routing, billing and mailing address.

Rental Rate List:

List stating the rates for, amongst others, the rental of a Blue-bike, the costs in case of loss and/or theft of any object rented from Blue-mobility, the dispatch of correspondence via regular mail, indemnifications, and suchlike.

The Rental Rate List can be found on the website www.blue-bike.be and can also be requested from Blue-mobility.

Voucher:

Voucher in the form of a non-nominative unique code with a prepaid value with which you can rent a Blue-bike under the conditions specified on the voucher.

  1. Purchase a Subscription

A potential Subscriber shall register in the manner as described on the website.

Anyone older than 18 years of age and who meets all conditions stated in these General Terms and Conditions may register as a Subscriber.

On registration, the prospective Subscriber is offered the choice between a (personal) Subscription and Corporate Subscription.

Collaborators and officials of enterprises, administrations, and organizations who as competent representatives have been empowered to conclude a Subscription on behalf of the enterprise or administration or organization, are entitled to register as Corporate Subscribers. In the event that the said individuals should appear not to be the competent representatives of the enterprise, the administration, and the organization in question, and the enterprise, the administration, and the organisation in question should, for that reason, dispute the validity of the Subscription, all costs that Blue-mobility might or could incur in consequence thereof shall be charged to the natural person who applied for the Subscription. Under this Corporate Subscription, it is possible to pool collaborators of the enterprise or organization who have received permission from their employer to use the services offered by Blue-mobility. The data on the routes of all users within the organisation shall be combined and the corporate Subscriber shall be invoiced for the total. As for any other modalities, the corporate Subscriber shall be equated with the individual Subscriber and bound by all obligations and modalities as described in the present General Terms and Conditions.

Blue-mobility shall be entitled to reject registration requests from new users at all times, and this without providing reasons and at its own discretion.

  1. Conclusion of the Subscription

The Subscription is final when the Subscriber receives confirmation from Blue-mobility that his Subscription has been accepted and his Blue-bike card activated. Blue-mobility activates the Blue-bike card no later than three working days following receipt of the direct debit instruction or payment by credit card.

The annual registration fees are payable as soon as the Subscription is created. Then the cost of rental is to be paid according to the terms of Article 14.

The registration benefits can only be requested during the first year of the registration as indicated in the Rental Rate List. In any event, the Subscriber is only entitled to one registration benefit, even if he is a member of several partner organizations of Blue-mobility.

  1. Duration and Cancellation of the Subscription

The Subscription is valid for one year.

Upon expiry, unless the Subscriber explicitly sends a message to Blue-mobility at least 14 working days before the expiry of the Subscription (by e-mail: info@blue-bike.be or via the website: www.blue-bike.be), the Subscription will be automatically renewed for a further one-year period under the terms in the Rental Rate List that apply at the time of extension.

  1. Right of withdrawal

If the Subscriber is a company or a natural person acting for purposes within the framework of his trade, business, craft or own self-employed activity, he cannot exercise any right of withdrawal.

If the Subscriber is a natural person acting for purposes outside the scope of his trade, business, craft or own self-employed activity, he has a right of withdrawal of 14 days from the conclusion of the contract (registration of a Subscription or purchase of a Voucher). In accordance with Article VI.53, 1° of the Economic Law Code, the Subscriber, however, loses his right of withdrawal if the Voucher was used while he was exercising his right of withdrawal.

To use his right of withdrawal, the Subscriber notifies Blue-mobility of his decision before the withdrawal period expires. In order to do this, he can:

  1° either make use of the withdrawal form enclosed

  2° or send an unequivocal statement to terminate the contract.

The form of the statement described above must be sent to info@blue-bike.be with a clear indication of 'withdrawal' in the reference.

  1. Obligations on the part of Blue-mobility

For the entire duration of the Subscription, Blue-mobility undertakes to make every effort to ensure the availability of a Blue-bike, at any Blue-bike rental point.

Blue-mobility is not liable for indirect damage that the User of Blue-bike may incur as a result of the temporary unavailability of a Blue-bike at a certain rental point.

Blue-mobility ensures that the User will be given a Blue-bike in a good and safe condition, meets the legal requirements and is equipped with the necessary means for the User to protect the bike against theft.

  1. Obligations on the part of the Holder of the subscription/voucher

The Holder of the subscription/voucher is solely legally and financially liable to Blue-mobility.

If the Holder of the subscription/voucher is not the User of Blue-bike, he stands surety for the latter, and he is fully liable to Blue-mobility, both in terms of cost for the rental and for any non- compliance with obligations by the User, and particularly those in Articles 9)9 and Error! Reference source not found.10 of these General Terms and Conditions, as well as for any harmful consequences that might ensue for Blue-mobility.

 

  1. Obligations on the part of the User of Blue-bike

Before use, the User of the Blue-bike performs a simple visual inspection and report any visible defects to Blue-mobility, either through their representatives or through the automated rental system.

After using the Blue-bike, its User must return the bicycle to the point where he hired it, in the same operating condition as that in which it was given, provided that the bicycle was received in perfect condition. The User of the Blue-bike, however, is entitled to return the bike to the rental point or back into the automatic lending station where it was taken within fifteen minutes of receipt, free of charge, if the Blue-bike proves defective and this defect is not attributable to the User of the Blue-bike.

The User of the Blue-bike uses the bike with due care. This means that he respects the traffic laws and regulations, uses the Blue-bike only on public roads, where its use is permitted, and that he does not put himself or others in danger.

When parking the bike, the User always locks the Blue-bike with the padlock provided. In case the Blue-bike is found left unattended and unlocked, it may be seized by Blue-mobility or by one of its mandataries. The Subscriber shall be informed of this as soon as possible and any ensuing costs may be recuperated from him.

The User of the Blue-bike does not make any changes to the bike (except adjust the height of the saddle).

The User of the Blue-bike may not carry people on the Blue-bike.

The User of the Blue-bike may be a minor, provided he is at least 14 years old. Blue-bikes shall not be rented out to minors under 14 years of age, not even when they are accompanied by an adult. If Blue-mobility establishes that this provision is breached, the Subscriber will be liable for any damage that might arise from this unauthorized use suffered by anyone.

The User of the Blue-bike affirms to be in good physical condition and to satisfy all legal stipulations pertaining to the use of the Blue-bike in question. Furthermore, the User declares to have taken out third-party civil liability cover and to maintain this policy for the entire duration of the Subscription period.

  1. Conditions for the use of Blue-bikes

The rental period is limited to 72 hours.

With a Subscription, you can rent up to two bikes simultaneously by using the card twice in succession.

The rental point is the location where the Blue-bike is collected. If the User of a Blue-bike returns the bike to a rental point other than where it was collected, then the Holder of the subscription/voucher will be charged a supplement, the amount of which is laid down in the Rental Rate List.

If the User of the Blue-bike does not return the bike within 72 hours, Blue-mobility will charge the Holder of the subscription/voucher a supplement on top of the amount for the rent as specified in the Rental Rate List.

If the User of a Blue-bike fails to return the bike within seven days from the day it was hired, then the Holder of the subscription/voucher will be charged a flat rate of 350 euros. For another Blue-bike that is not returned within seven days from the day it was hired, an amount equivalent to the actual retail price of a new Blue-bike will be charged to the Holder of the subscription/voucher. As long as this amount is not paid, the cost of rent and the supplements will continue to rise at the expense of the Holder of the subscription/voucher.

If the User of the Blue-bike, however, does return the bike within three months after the day it was hired (but after the above-mentioned period of seven days in the preceding paragraph), the above-mentioned lump sum of 350 euro will be deducted from the amount which the Holder of the subscription/voucher owes Blue-mobility, namely the amount of the rent and any supplements corresponding to the entire period during which the Holder of the subscription/voucher was responsible for the Blue-bike. It goes without saying that this reduction only applies if the Blue-bike is returned in its normal state.

If the User of the Blue-bike returns the bike more than three months after the day it was hired, the lump sum of 350 euros will nevertheless be paid to Blue-mobility to offset administrative costs and commercial losses suffered by Blue-mobility due the absence of the Blue-bike. This amount will be added to the cost of rent and any supplements for the entire period in which the Holder of the subscription/voucher was responsible for the Blue-bike.

  1. Damage to the Blue-bike and repairs

Each case of damage to the Blue-bike during the period of use shall be borne by the Holder of the subscription/voucher. Blue-mobility shall notify the Holder of the subscription/voucher in writing of the nature of the damage and the amount of the repair costs. The Holder of the subscription/voucher has four weeks to object to the amounts claimed, if necessary. If the Holder of the subscription/voucher does not reply, Blue-mobility will charge him the repair costs.

The User of the Blue-bike is strictly prohibited to repair the Blue-bike off his own bat or to have this done by a third party, except in case of a puncture. The Holder of the subscription/voucher shall be charged for any repair prohibited by this provision or incorrect repair.

The Holder of the subscription/voucher must notify Blue-Mobility of any damage to the Blue-bike as quickly as possible (via: info@blue-bike.be).

  1. Loss and Theft

In case of loss, theft or damage to the Blue-bike card, the Subscriber must notify Blue-mobility by e-mail (info@blue-bike.be) as quickly as possible so that Blue-mobility can cancel the Blue-bike card. If this is not done, then the Subscriber is fully liable for the consequences of the use of this card. The responsibility, however, is limited to the maximum amount specified in the Rental Rate List. Moreover, the Subscriber shall play the replacement costs based on the Rental Rate List.

In case of loss or theft of the Blue-bike, the Holder of the subscription/voucher shall be liable for damages Blue-mobility thus incurs, up to the maximum amount specified in the Rental Rate List per incident and per Blue-bike for the entire duration of the bike rental.

The Holder of the subscription/voucher is only liable, however, up to the amount according to the "excess" as defined in the Rental Rate List, if the User of the Blue-bike can prove that he locked the Blue-bike using the padlock provided and that he handed over the key to Blue-mobility, along with the confirmation of the declaration of the theft.

In the event of loss of the Blue-bike key, the Holder of the subscription/voucher shall be liable for payment of its replacement cost as stated in the Rental Rate List.

  1. Communication of Personal Data and Privacy Protection

The Subscriber shall at all times be responsible for the correctness of the data he communicates to Blue-mobility. Any modification of data, such as the change of a physical or electronic address, must be immediately updated by the Subscriber in the Personal Blue-bike account or by sending an e-mail to info@blue-bike.be.

Blue-mobility monitors the privacy of its customers and, in line with this, acts in accordance with the provisions of the Belgian Privacy Act (Act of 8 December 1992 protecting personal privacy in relation to processing personal data).

By sharing your personal data with Blue-mobility (identity, age, gender, physical and electronic address, bank account number), you agree formally with the following conditions under which Blue-mobility collects, processes and passes on your personal data. Where appropriate, you should ensure that these conditions are communicated to the persons to whom the personal data relate and that they accept them.  

These personal data are stored and handled by Blue-mobility nv, Carnotstraat 39, 2060 Antwerp, enterprise number BE 0832-369-965.

Your data will be used to handle your requests and orders or to render the necessary services or offer assistance. They can also be used for surveys and assessments (e.g. the survey on the development of electric blue bikes and their charging infrastructure). Blue-mobility can also archive the data about travel behaviour, locations and hours of movement without restriction. In this case, Blue-mobility ensures the anonymity of these data.

Blue-mobility undertakes to handle this information in accordance with the provisions of the Act of 8 December 1992 on the protection of privacy. It agrees that said handling of these data always takes place under its supervision as responsible party for the processing of personal data and that where the data are used for surveys and evaluations, this is done anonymously.

Blue-mobility may pass on certain personal data to third parties who act as subcontractors on behalf of Blue-mobility. In that case, they only have access to the information necessary to fulfill their mission.

In case the Subscriber takes advantage of a promotional offer by Blue-mobility in collaboration with one or several partners, it is possible that one of the conditions for being able to enjoy the benefits of the offer requires the Subscriber’s acceptance of being contacted via e-mail by Blue-mobility or by the partner in question. Where appropriate, the Subscriber accepts that Blue-mobility, if necessary, shares certain personal data with the partner in question. 

In accordance with the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data, the customer is entitled to oppose the processing of his data for direct marketing purposes, to peruse his data and correct them, and, as appropriate, to remove them at any time. For this purpose, it suffices to send a letter to the postal address of Blue-mobility or e-mail to info@blue-bike.be, with proof of identity.

  1. Payment and Billing

When paying by direct debit:

When the Subscriber opt for direct debit, he must fill out the registration form on the website www.blue-bike.be, by means of which he authorises Blue-mobility (SEPA) for the direct debit and he is required to send the signed form to the postal address of Blue-mobility, 2060 Antwerp, Carnotstraat 39. In doing so, he authorises Blue-mobility to collect the money owed automatically.

The subscription fee shall be debited at the latest two months following the inception of the subscription term in question.

The rental cost is laid down once a month and is consistent with the use of the previous month. Before the money owed is collected, which is done once a month, Blue-mobility sends an invoice with the date of collection. If the amount due for the month in question is not more than EUR 5, Blue-mobility reserves the right to collect this amount the next month.

When paying by credit card

If the Subscriber opts for payment by credit card (VISA, MasterCard or e-Maestro), then he authorises Blue-mobility to pass on the details of his card and his electronic signature to Ogone to collect the outstanding sums.

The subscription costs shall be collected immediately following the start of the subscription period in question.

The rental cost is laid down once a month and is consistent with the use of the previous month. Before the money owed is collected, which is done once a month, Blue-mobility sends an invoice with the date of collection. If during the previous month, there were fewer than two rentals of a Blue-bike, Blue-mobility reserves the right to withdraw the total amount due the following month.

Before the amounts are deducted from the credit card, Blue-mobility will send an invoice with the amount payable.

When paying by bank transfer:

If the Subscriber opts for payment by bank transfer, it shall be incumbent on him to settle the invoiced amount within 14 days of receipt of invoice by transfer payment into the account number provided by Blue-mobility. The rental cost is laid down once a month and is consistent with the use of the previous month. If during the previous month, there were fewer than two rentals of a Blue-bike, Blue-mobility reserves the right to withdraw the total amount due the following month.

Blue-mobility shall in that case automatically deduct the amount allotted as the applicable discount on the subscription fee from the annual subscription cost.

  1. Late payment

The Subscriber is late with the payment if he does not pay by the date specified in Article 14, according to the payment method chosen by him.

In that case, Blue-mobility will notify the Subscriber. The Subscriber is required to regularise the situation within the next 14 days. If the situation is not regularised within this period, then Blue-mobility reserves the right to cancel the card of the Subscriber.

Payments after this last period incur interests equal to 10% by law and without notice of default, as well as (also by law and without notice) a fixed compensation of 10% of the invoice amount by way of penalty clause, with a minimum of 75 euros.

  1. Modification

Blue-mobility reserves the right to modify the Rental Rate List or these General Terms, provided this is notified one month before its entry into force:

  1. Complaints

Each complaint must be submitted in good time to:

Blue-mobility, 2060 Antwerp, Carnotstraat 39.

Complaints that are submitted within one month following the date of the incident that sparked the complaint shall, in any event, be considered timely. Blue-mobility shall, within four weeks, respond in writing to written complaints or inform the Holder of the subscription/voucher, within this term, which the company considers a reasonable delay required for a reply. This notification may also contain a request for further details and for submission of more detailed documentation which, in the opinion of Blue-mobility, is needed to prepare a suitable response. If the parties do not succeed to reach an agreement on the resolution of the complaint, then either party may refer the matter to a competent court, as provided for by Article 18)18.

  1. Applicable law and competent court

The present General Terms and Conditions are governed by Belgian law. Any dispute around their implementation and consequences that cannot be settled amicably, will be submitted to the territorially competent courts under Article 624 of the Judicial Code.