Terms of Service our way!
Terms of service E-Scooters Texel
Company E-ScootersTexel (hereafter: E-ScootersTexel) is registered with the Chamber of Commerce under number 82479909 and is located at Nollekoog 5 (1796 ML) in De Koog.
Article 1 - Definitions
- In these general terms and conditions the following terms are used in the following sense,
unless expressly stated otherwise: 2. Lessor: E-ScootersTexel rents out electric scooters of various models and types to Companies and Consumers, hereinafter referred to as E-ScootersTexel. 3. Consumer: the natural person who is not acting in the course of a profession or business. 4. Company: the natural or legal person who is acting in a professional or commercial capacity. 5. Renter: the Consumer or Business that enters into an agreement (at a distance) with E-ScootersTexel. 6. Driver: the actual person who drives the Hired Vehicle. 7. The Hired Vehicle: the electric scooters offered by E-ScootersTexel are electric scooters of various models and types intended for hire. 8. Services: the Service that E-ScootersTexel offers is the renting out of electric scooters. 9. Offer: Any written Offer to the Renter for rental, including quotations. 10. Agreement: the (distance) agreement for services which the Renter has ordered and with which these General Terms and Conditions form an indissoluble whole. 11. Website: the website used by E-ScootersTexel, which is : www.e-scooterstexel.nl.
Article 2 - Applicability
- These general terms and conditions apply to every Offer made by E-ScootersTexel and every
Agreement between E-ScootersTexel and the Hirer, and to any Service offered by E-ScootersTexel.
- Before a (distance) Agreement is concluded, the Renter will receive these
general terms and conditions. If this is not reasonably possible, E-ScootersTexel will indicate to the Renter the manner in which the Renter may inspect the general terms and conditions.
- It is not possible to deviate from these general terms and conditions. In exceptional situations, it is possible to
general terms and conditions if this has been explicitly agreed in writing with E-ScootersTexel.
- These general terms and conditions also apply to supplementary, amended and follow-up agreements with the Hirer.
These general terms and conditions also apply to supplementary, amended and follow-up agreements with the Renter.
- In the event that one or more provisions of these general terms and conditions are partially or wholly null and void or
null and void, the other provisions of these general terms and conditions will remain in force and the null and void provision(s) will be replaced by a provision with the same purport as the original provision.
- Uncertainties about the content, explanation or situations that are not regulated in these general
conditions must be assessed and explained in the spirit of these general terms and conditions.
- If these general terms and conditions refer to she/he, this should also be interpreted as a reference to he/she/they.
As a reference to he/she/it, if and insofar as applicable.
Article 3 - The Offer
- All offers made by E-ScootersTexel are without obligation, unless expressly stated otherwise in writing.
indicated otherwise in writing. If the Offer is valid for a limited period, or subject to specific conditions, this will be explicitly stated in the Offer. An offer is not deemed to have been made until it has been confirmed in writing.
- E-ScootersTexel is only bound by an Offer if acceptance thereof is confirmed in writing by the Renter.
acceptance thereof by the Hirer in writing. Nevertheless, E-ScootersTexel has the right to refuse an Agreement with a potential Hirer for a reason that is justifiable for E-ScootersTexel.
- The Offer contains such a description of the Service offered and the corresponding prices.
prices. In principle, E-ScootersTexel works on the basis of fixed rates. These rates depend on the type of electric scooter as well as other factors, including the rental period and any other particulars as stated in the Offer. The description is detailed in such a way that Renter will be able to make a proper assessment of the Offer. Manifest errors or mistakes in the Offer cannot bind E-ScootersTexel. Any illustrations and specific details contained in the Offer are merely indicative and cannot constitute grounds for any compensation or for dissolving the (distance) Agreement. E-ScootersTexel cannot guarantee that the colours in the illustration correspond exactly to the actual colours of the rented item.
- Delivery times and periods stated in the E-ScootersTexel Offer are indicative only and do not give the Hirer any right to rescind or cancel the Contract if exceeded.
E-ScootersTexel's Offers are indicative and, unless expressly agreed otherwise, do not entitle the Hirer to dissolution or damages if they are exceeded.
- A compound quotation does not oblige E-ScootersTexel to deliver part of the goods included in the
included in the offer at a corresponding fraction of the stated price.
Article 4 - Realisation of the Agreement
- The hirer must first make a reservation on the basis of the E-ScootersTexel offer before an Agreement can be
an Agreement can be concluded.
- When making a reservation through the E-ScootersTexel website, the Hirer is obliged to pay the hire price of the Hired Vehicle (including VAT).
of the Hired Vehicle (including VAT) in the manner indicated by E-ScootersTexel. The Hirer and/or Driver is also obliged to show his driving licence to E-ScootersTexel.
The hirer is entitled to reschedule the reservation free of charge up to two days before the start.
In case of cancellation within 48 hours before the start of the rental period, 25% of the rental price will be charged to the
E-ScootersTexel will charge the Hirer 25% of the rental sum. Cancellation takes place in the manner indicated by E-ScootersTexel.
- In the event that the Hirer fails to appear at the agreed time or if the Hirer fails to
the Hirer does not collect the Hirer within 1 hour after the agreed time, the Hirer will be charged the entire hire price, unless the Hirer proves that no costs or lower costs were incurred by E-ScootersTexel.
- At the moment when the Hirer takes possession of the Hired Vehicle, a fixed-term agreement will be
When the Hirer takes possession of the Hired Vehicle, an Agreement is formed for a definite period of time with a maximum hire period of 3 hours or a half day, unless the Parties agree otherwise.
An Offer is made by E-ScootersTexel in writing.
In the event that the Hirer has accepted the Offer by concluding an Agreement with E-ScootersTexel, the Hirer will
E-ScootersTexel will confirm the Agreement with the Renter in writing (by e-mail).
- In the event that the acceptance deviates (on minor points) from the Offer, E-ScootersTexel is not bound by it.
E-ScootersTexel is not bound by it. The Hirer must pay the entire offer or invoice, unless the Hirer can prove in writing that a different agreement has been made.
- E-ScootersTexel is not bound by an Offer if the Hirer could reasonably have expected or should have
if the Renter could reasonably have expected or should have understood that the Offer contains an apparent error or clerical error. The Renter cannot derive any rights from such a mistake or slip of the pen.
- E-ScootersTexel may - within the bounds of the law - ascertain whether the Renter can meet his payment obligations.
can meet her payment obligations. If, on the basis of this, there are good reasons not to enter into the Agreement, E-ScootersTexel is entitled to refuse an offer and/or Agreement, while stating its reasons, or to attach special conditions to its execution.
Article 5 - Rental period and termination
- The rental period shall be entered into for a definite period of time and shall end by operation of law on the agreed
date and time.
- The Hirer as well as E-ScootersTexel can terminate the agreement in whole or in part in writing without further notice of default and with immediate effect in the following cases
part in writing with immediate effect in the following cases:
a. If one of the Parties has been granted a moratorium, a petition has been filed for bankruptcy or the business concerned terminates by liquidation or otherwise than by merger or reconstruction of the business;
b. If the Renter dies;
c. Should circumstances arise of such a nature that fulfilment of the Agreement is impossible or can no longer be demanded in accordance with standards of reasonableness and fairness, or should any other circumstances arise of such a nature that unaltered continuation of the Agreement can no longer be reasonably expected, such as incorrect information. Claims of E-ScootersTexel on the Renter are immediately due and payable in the event of premature termination. If the termination is attributable to the Renter on account of intent or gross negligence, E-ScootersTexel reserves the right to claim additional compensation.
The Renter is obliged to lend E-ScootersTexel his cooperation at the first request.
The Agreement ends when the agreed rental period ends.
Clause 6 - Execution of the Agreement
- If and in so far as required for the proper execution of the Agreement, E-ScootersTexel has the right
entitled, at its own discretion, to have certain activities carried out by third parties.
- The Hirer is responsible for ensuring that all information indicated by E-ScootersTexel as being
E-ScootersTexel of which the Renter should reasonably understand that they are necessary for the execution of the Agreement, are provided to E-ScootersTexel in a timely manner. In the event that E-ScootersTexel is not provided in good time with the information necessary for fulfilment of the Agreement, E-ScootersTexel will be entitled to suspend fulfilment of the Agreement and/or to charge the Renter for the additional costs arising from the delay in accordance with the usual rates.
- All rights and obligations ensuing from this agreement are valid for the benefit and at the expense of the
detriment of the authorised Directors.
Article 7 - Hirer's obligations
- Prior to taking possession of the Hired Vehicle, the Hirer shall have been in possession of a valid driving licence for at least one year as well as a valid identity card or passport.
valid driving licence as well as a valid identity card or passport. In the event that the Hirer is unable to provide these documents at E-ScootersTexel's first request, E-ScootersTexel will cancel the Agreement without the Hirer being entitled to claim any compensation. E-ScootersTexel is entitled to demand additional documents.
- The Hirer must inspect the Hired Vehicle when it is made available. In doing so, the Hirer should
The Hirer is deemed to have received the electric scooter undamaged unless the Hirer has notified E-ScootersTexel in writing at the time of receipt of the Hired Product of any apparent anomalies or defects.
- The Hirer is obliged to investigate how the Hired Vehicle is to be used in accordance with the user instructions supplied.
instructions supplied with it. E-ScootersTexel is not liable for any loss as a result of the Hirer making improper use of the Hired Vehicle. The accompanying user instructions are at all times authoritative in this respect.
- Only those persons who are designated in the hire agreement as Driver - possibly also in the capacity of Hirer - may use the Hired Vehicle.
may drive the Hired Vehicle provided they have the necessary authority and capacity and are mentally and physically fit to drive the Hired Vehicle.
- The Hirer is forbidden to lend the Hired Vehicle to any third party or person not designated as Driver.
The Hirer is prohibited from lending the Hirer to any third party or person not designated as Driver. Only in an exceptional case and with the express and prior written consent of E-ScootersTexel this may be waived.
Hirer is obliged to cooperate with E-ScootersTexel at the first request.
The Hirer is at all times personally responsible for the proper and careful use of the Hired Vehicle during the agreed hire period as if it were his own.
during the agreed hire period as if it were his own property, in accordance with the given use and maintenance instructions. The Hirer must at all times keep the Hirer in good condition.
- The Hirer shall refrain from the use of alcohol and drugs during the use of the electric scooter.
- The Hired Vehicle may only be used on the public roads of Texel. The Hirer may not leave the island of
Texel. In any case the Rented Vehicle may not be used for (i) driving lessons, (ii) motor sport purposes (including racing events), (iii) safety training, (iv) commercial passenger transport, (v) hire to others and (vi) the transport of flammable, toxic or otherwise dangerous substances.
- On termination of the Contract the Hirer shall return the Hired Vehicle in good condition,
cleaned at the location agreed with E-ScootersTexel at the agreed time of return. The Hirer is obliged to follow all instructions for a correct collection of the Hired Items from E-ScootersTexel. The Electric Scooter does not have to be returned with a charged battery.
- If the Electric Scooter is not at the agreed location and at the agreed time of
If the Electric Scooter is not at the agreed location and at the agreed time of return, E-ScootersTexel will charge Renter €10 for every hour the Electric Scooter is late, with a maximum of €40.
- In the event that Renter fails to perform the above-mentioned obligation, or refuses to give back the
In the event that the Hirer fails to perform the above obligation or refuses to give possession of the Hired Vehicle to E-ScootersTexel, the Hirer will be liable to pay E-ScootersTexel an amount equal to the market value of the Hired Vehicle as assessed by an independent third party. E-ScootersTexel will also be entitled to claim the costs it has incurred in making an unsuccessful attempt to recover the Hired Vehicle.
- The Hirer is obliged to pay any penalties incurred as a result of and during the use of the Hired Plant,
E-ScootersTexel is therefore entitled to recover any fines etc. from the Renter. Should the Renter fail to pay the fines on time, and E-ScootersTexel receive a reminder to do so, E-ScootersTexel is entitled to pass on the increase as well as extra administration costs.
- The Hirer is obliged to impose the obligations and prohibitions set out in this Article on the actual
Driver, passengers and other users of the Electric Scooter and to see to it that they comply with them.
Article 8 - Obligations of E-ScootersTexel
- E-ScootersTexel guarantees the soundness of the Hired Items and the quality of the goods supplied, as well as that the Contract will be performed to the best of its ability.
and for performing the Contract to the best of its ability. However, the guarantee excludes all consequences of normal use (wear and tear), injudicious use, or use contrary to the user manual and/or instructions provided by E-ScootersTexel.
- E-ScootersTexel delivers the electric scooter with the agreed accessories and specifications and
with the equipment required in the Netherlands, clean, well maintained, with a fully charged battery and, in so far as E-ScootersTexel is aware or should be aware, in a technically sound condition.
- Prior to the rental, E-ScootersTexel will draw up a report (together with the Renter) in which
any damage which has already been done to the electric scooter.
- E-ScootersTexel is obliged to give the Renter the required documents prior to the rental period.
- E-ScootersTexel has to make sure that in the electric scooter a Dutch language
E-ScootersTexel must ensure that a Dutch instruction document is present in the electric scooter, as well as a list of telephone numbers the Renter can use within and outside opening hours of E-ScootersTexel.
- E-ScootersTexel will take care of instructions concerning adequate breakdown assistance in the Netherlands. Roadside assistance abroad
abroad only applies if it has been agreed that the electric scooter may also be used abroad.
- The E-Scooter is not liable for any damage to the vehicle,
If the damage is caused by the motorist's own actions, the Supplier will not be liable for any loss or damage suffered by the motorist. If the breakdown is the result of personal fault, the costs of assistance will not be reimbursed by E-ScootersTexel.
- Upon collection by E-ScootersTexel, the Hired Vehicle will be checked for any damage and a final invoice will be drawn up.
a final invoice will be made whereby any unreported damage and/or depreciation will be charged to the Hirer.
Article 9 - Delivery
- In the event that the commencement, progress or delivery of the Hired Plant is delayed because, for instance
If the Client fails to provide all requested information or fails to do so on time, fails to provide adequate cooperation or if there are other circumstances that are at the expense and risk of the Client, E-ScootersTexel will be entitled to a reasonable extension of the delivery period.
- The Hirer must declare E-ScootersTexel to be in default in writing and allow it a reasonable period of time to
still be able to deliver.
- The Hirer is obliged to take possession of the Hired Items at the time they are made available to it in accordance with the
The Hirer is obliged to take possession of the Hired Product at the time when it is made available to him in accordance with the Contract.
- In the event that the Hirer refuses to take delivery or for any reason whatsoever fails to
instructions necessary for delivery, E-ScootersTexel is entitled to store the rented object at the expense and risk of the Hirer. This may also involve administration costs. The Renter is in such a case obliged to insure the delivery and to keep it insured until dispatch or delivery can still take place.
- In the event that E-ScootersTexel requires information from the Hirer within the framework of performance of the
Agreement, the delivery period shall commence after the Renter has made these available to E-ScootersTexel.
- Deliveries will only be made if all outstanding costs in relation to the rental amount
has been paid, unless otherwise agreed.
- E-ScootersTexel reserves the right to refuse delivery if there is a well-founded fear and/or reason
for non-payment is present.
Article 10 - Condition of the Electric Scooter
- Any visible defects or shortages must be reported in writing within 1 hour after delivery to
E-ScootersTexel in writing within 1 hour after delivery at email@example.com or via telephone number +31 (0) 637409556. If such a defect has not been reported to E-ScootersTexel within this period, the right to complain about visible defects will lapse.
- Invisible defects are defects that the Renter could not have discovered on thorough inspection of the goods received and that he could not reasonably have expected to discover.
discovered and could not reasonably have discovered, must be reported toE-ScootersTexelin writing immediately after discovery of that defect. If no claim is made immediately with regard to discovered invisible defects, the Renter's right to claim with regard to those defects lapses.
- In the event that the Hirer exercises his right of complaint, he shall, so far as reasonably practicable, return the Hired Plant and all fittings to
In the event that the Hirer exercises his right of complaint, he shall, insofar as reasonably possible, return the Hired Vehicle and all accessories to E-ScootersTexel in their original condition and packaging, stating reasons and submitting relevant evidence, so that the representative of E-ScootersTexel concerned is immediately given the opportunity to check the complaints submitted.
- The renter is not entitled to make a claim in the event of minor deviations that are considered acceptable in the trade, such as, for example
deviations, such as, for example, a deviation in colour.
- E-ScootersTexel will, to the extent possible, provide a replacement Electric Scooter. All
E-ScootersTexel will provide a replacement Electric Scooter, to the best of its ability, at the expense and risk of E-ScootersTexel, unless it is proven that the defect was caused by intent or gross negligence on the part of Renter.
- If replacement is impossible, E-ScootersTexel will refund the agreed rental price to the Hirer.
The Hirer will be reimbursed with the agreed rental price. Refunds to the Renter will be processed as quickly as possible, but may take up to 30 days after receipt of the return. Refunds will be made to the account number previously stated.
Article 11 - Damage
- Any damage or loss must be reported to E-ScootersTexel immediately, but within 1 hour at the latest, by means of the
E-ScootersTexel by means of the claim form or repair form on the Website. If agreed, E-ScootersTexel will take care of further settlement of the damage.
- The hirer must report the damage form to E-ScootersTexel as fully as possible and within 24 hours of the damage occurring.
E-ScootersTexel within 24 hours of the damage occurring. The damage form can be consulted on the Website.
- After the Hirer has reported damage by means of the form provided by E-ScootersTexel, which can be
The Hirer must refrain from using the Hired Vehicle in any way until E-ScootersTexel has repaired or replaced the Hired Vehicle.
- In the event of any defects or damage to or with the Hired Vehicle known or apparent to the Hirer or loss of the Hired Vehicle by E-ScootersTexel
the Hirer is obliged not to leave the Hirer behind without having properly protected it against the risk of damage or loss.
- In the event that E-ScootersTexel disputes the facts stated by the Hirer with respect to the cause of the damage, the Hirer
In the event that E-ScootersTexel disputes the facts stated by the Hirer with regard to the cause of the loss, the Hirer will be required to prove its factual allegations.
Article 12 - Prices
- All rates stated in the offer and the Agreement are inclusive of VAT and exclusive of any
expenses and other additional costs, unless explicitly stated otherwise. During the term of validity of the Offer, the prices will not be increased, except for changes in VAT rates and other price increases pursuant to laws and regulations.
- Additional costs and expenses may include, but are not limited to: Roadworthiness costs, collection and
delivery costs, fully charged battery, cleaning costs and extras or accessories. The refuelling costs that are charged are in accordance with the prices of the petrol station at the time.
- Rental prices already agreed upon shall not, in principle, be adjusted, except for changes to the
Already agreed rental prices are in principle not adjusted, except for changes in the annual indexation on the basis of the applicable standards and any costs for increases in VAT rates and cost increases of third parties which can reasonably be charged on to the Renter.
Article 13 - Payment and collection policy
- The hirer is required to make 100% payment prior to the hire period in the manner indicated by
E-ScootersTexel, unless otherwise agreed.
- The hirer cannot derive any rights or expectations from an estimate issued in advance, unless
Parties have expressly agreed otherwise. Objections by the Renter to the amount of the invoice do not suspend the payment obligation.
- In the event of the liquidation, bankruptcy, seizure or suspension of payments of the Renter, the claims of
of E-ScootersTexel are immediately due and payable.
- E-ScootersTexel is entitled to have the payments made by the Hirer go first of all
in the first place to the deduction of the costs, then to the deduction of the interest falling vacant, and finally to the deduction of the principal sum and the current interest. E-ScootersTexel may, without thereby being in default, refuse an Offer of Payment, if the Renter indicates a different sequence of allocation. E-ScootersTexel can refuse full payment of the principal sum, if the interest that has fallen due, the current interest and the costs are not also paid.
- All payment periods set by E-ScootersTexel are final deadlines. When the Renter does not
If the Hirer does not fulfil her obligation to pay and has not done so within the set payment term of 14 days, the Hirer, being a Company, will be in default. The Tenant, being a Consumer, shall first receive a written reminder with a term of 14 days after the date of the reminder to fulfil the payment obligation with a specification of the extrajudicial costs if the Consumer does not fulfil her obligations within that term, before she is in default.
- From the date on which the Hirer is in default, E-ScootersTexel will, without further notice of default being required
claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale in the Decree on compensation for extrajudicial collection costs of 1 July 2012.
- If E-ScootersTexel has incurred more or higher costs, which are reasonably necessary,
these costs are eligible for compensation. Judicial and execution costs incurred are also to be borne by the Renter.
Clause 14 - Limitation of liability
- If the execution of the Agreement leads to liability on the part of E-ScootersTexel vis-à-vis the Hirer or third parties, liability is limited to that which
the Renter or third parties, liability will be limited to the amount charged by E-ScootersTexel in connection with the Agreement in respect of direct loss, save in the event of gross negligence or wilful misconduct on the part of E-ScootersTexel. Liability is in any event limited to the maximum amount paid out by the insurance company.
- E-ScootersTexel is not liable for consequential loss, indirect loss, trading loss, loss of earnings and/or losses suffered, missed savings.
and/or losses sustained, lost savings, and damage due to business stagnation. Damage resulting from the use of goods supplied by E-ScootersTexel in no way qualifies for compensation.
- Use of the rented item is at the Hirer's own risk. The Hirer must ascertain that
The Hirer must ascertain the fact that, in view of the nature of the Hired Goods, the necessary extra care and/or caution in respect of the Hired Goods is required. E-ScootersTexel is not liable for any consequential loss as a result of the Hirer having a breakdown en route. E-ScootersTexel will in such a case endeavour to repair the breakdown in good time by either supplying a new electric scooter or carrying out the necessary repairs.
- E-ScootersTexel shall not be liable for any improper use of the Hired Vehicle beyond its control during the rental period.
during the rental period. The Hirer must use the Hired Vehicle in accordance with E-ScootersTexel's manual and instructions and the user guide provided. E-ScootersTexel shall never be liable for any defects arising after the conclusion of the rental agreement.
- The renter is liable for damage, loss or non-compliance with any provision of the
rental agreement. Renter is obliged to return the electric scooter in the condition in which Renter received it from E-ScootersTexel. Damage to brakes, drive train and pure breakage are not to be considered as accident damage and will be for Renter's account.
- The Hirer is liable for all damage that E-ScootersTexel suffers as a result of any event
during the rental period as well as all damage which is in any way connected to the rental of the electric scooter and which should not reasonably have been for the account of E-ScootersTexel. Renter is liable for all traffic offences and administrative offences, all violations of legal provisions, as well as the actions of a Driver as if they were the Renter's own actions.
- E-ScootersTexel is in no way liable if the Renter fails to take out adequate and sufficient insurance.
adequate and sufficient insurance.
- Any costs for repairs, replacement or repair are at the expense of the Renter if they are the result of
Any costs for repairs, replacement or restoration are at the expense of the Hirer if they are the result of improper use of the Hired Vehicle. Improper use will in any event mean that the Hired Vehicle is used in breach of Article 7.11 of these General Conditions or in any other way connected with it. E-ScootersTexel hereby reserves the right to claim additional compensation insofar as the actual costs incurred by it exceed the value of the item to be replaced. In the event of damage to the rented item due to careless handling by the Hirer itself, the Hirer shall be liable for any reduction in the value of the rented item.
- Damage to or loss of the Hired Party due to theft and/or vandalism, including reduction in value of the Hired Party
The Hirer shall bear the risk and expense of any damage to or loss of the Hired Plant as a result of theft and/or vandalism, including loss of value of the Hired Plant. The Hirer is itself responsible for taking any necessary legal measures and/or follow-up steps.
- E-ScootersTexel will not be liable for any items that are left behind when the Hired item is returned or for any responsibility that the Hirer may have for the items left behind.
E-ScootersTexel is not liable for any items left behind when the Hired Vehicle is returned or for any responsibility for their safekeeping or storage.
- In the event of a breach of the handover obligation by more than one Hirer, each Hirer will be
Each Hirer is severally liable for the entire debt.
- E-ScootersTexel is not liable for loss of any nature whatsoever that is caused by
E-ScootersTexel has assumed incorrect and/or incomplete details provided by the Renter, unless E-ScootersTexel was aware of such incorrectness or incompleteness.
- E-ScootersTexel is not liable for damage that is or may be the consequence of any act or omission on the part of the Hirer, as a result of (inadequate) information provided by E-ScootersTexel.
(imperfect and/or incorrect) information on the website(s) or those of linked websites.
- E-ScootersTexel cannot be held liable for errors and/or irregularities in the functionality of
the website and/or breakdowns or the unavailability (temporary or otherwise) of the website for any reason whatsoever.
- E-ScootersTexel does not guarantee the proper and complete transmission of the contents of and
E-ScootersTexel is not liable for the correct and complete transmission of the content of emails sent by/on behalf of E-ScootersTexel, nor for their timely receipt.
- All claims by the Renter on account of shortcomings on the part of E-ScootersTexel lapse if
these have not been reported in writing and with reasons to E-ScootersTexel within one year after the Renter was aware or could reasonably have been aware of the facts on which it bases its claims.
- The Hirer indemnifies E-ScootersTexel against any claims by third parties who incur losses in connection with the
execution of the Agreement and which are attributable to the Renter.
Article 15 - Transfer of risk
The risk of loss of or damage to the Hired Plant shall pass to the Hirer at the time when it is actually delivered to the Hirer and thereby comes under the control of the Hirer or any third party designated by the Hirer.
Article 16 - Force majeure
- E-ScootersTexel cannot be held liable if, as a result of force majeure, it is unable to fulfil its obligations
obligations under the Agreement, nor can it be obliged to fulfil any obligation if it is prevented from doing so as a result of a circumstance that is not its fault and for which it cannot be held accountable by virtue of the law, a juristic act or generally accepted practice.
- Force majeure shall in any case be understood to mean, but not be limited to, that which is stated in the law and jurisprudence
(i) force majeure affecting E-ScootersTexel's suppliers, (ii) deficiency of goods, equipment or materials supplied by third parties, (iii) government measures, (iv) electricity failure, (v) failure of internet, data network and telecommunications facilities (e.g. as a result of cybercrime and hacking): cybercrime and hacking), (vii) natural disasters, (vii) war and terrorist attacks, (viii) general transport problems, (ix) strikes at the business of E-ScootersTexel, (x) seizure of any kind and for any reason(xi) unavailability of the rented electric scooter or rented electric scooters due to technical defects, The electric scooters are rented out by E-ScootersTexel at regular intervals,it may therefore happen that, due to damage or sudden breakdowns, defects or other technical problems, despite efforts by E-ScootersTexel to remedy this, not enough electric scooters are available for hire, and (xi) other situations which, in the opinion of E-ScootersTexel, are beyond its control and which temporarily or permanently prevent it from fulfilling its obligations.
- E-ScootersTexel is entitled to invoke force majeure if the circumstance preventing
(further) fulfilment occurs after E-ScootersTexel should have fulfilled its obligation.
- During the period of force majeure, the parties may suspend the obligations arising from the
Agreement during the period of force majeure. If this period lasts longer than two months, either party will be entitled to dissolve the Agreement, without any obligation to pay the other party damages.
- Insofar as E-ScootersTexel has already partially fulfilled its obligations under the
E-ScootersTexel has already partially fulfilled its obligations arising from the Agreement or will be able to fulfil them, and that part fulfilled or to be fulfilled has independent value, E-ScootersTexel is entitled to separately invoice the part already fulfilled or to be fulfilled respectively. The renter is obliged to pay this invoice as if it were a separate Agreement.
Article 17 - Intellectual property rights
- All intellectual property rights of E-ScootersTexel are vested exclusively in E-ScootersTexel and are not transferred to the Renter.
2. The Renter is forbidden to disclose and/or reproduce, alter or make available to third parties any documents that are subject to E-ScootersTexel's IP rights and copyrights without the express prior written permission of E-ScootersTexel. Should the Renter wish to make changes to goods delivered by E-ScootersTexel, E-ScootersTexel must give its explicit approval of the proposed changes.
Article 18 - Penalty
In the event of damage to or failure to return the rented item (in good time) and/or in the manner E-ScootersTexel has instructed, the Hirer will be liable to pay an immediately payable penalty up to a maximum of the market value of the rented item as assessed by an independent third party and as notified in advance to the Hirer, unless E-ScootersTexel can demonstrate that it has suffered a greater loss as a result of the Hirer's actions and that such loss cannot reasonably be charged to E-ScootersTexel.the Hirer, unless E-ScootersTexel can demonstrate that it has suffered more damage as a result of the Hirer's actions and that this damage should not reasonably be at the expense of E-ScootersTexel.
Article 19 - Privacy, data processing and security
- E-ScootersTexel will treat the (personal) data of the Hirer and Users of the website(s) with care, and will only use such data in accordance with the privacy
website(s) and will use them only in accordance with the privacy statement. If so requested, E-ScootersTexel will inform the person concerned accordingly. Questions regarding the processing of personal details and further information can be put by e-mail to firstname.lastname@example.org.
- If, on the grounds of the Agreement, E-ScootersTexel is required to provide security for information
this security will comply with the specifications agreed and will be of a security level that is not unreasonable, given the state of the art, the sensitivity of the data, and the costs involved.
- E-ScootersTexel can follow the Electric Scooter by means of a tracking system. If Renter does not
If the Renter does not wish that E-ScootersTexel can follow his location, the Renter cannot use the Rented Vehicle. The data will be stored by E-ScootersTexel during 4 weeks, after which it will be destroyed.
Article 20 - Complaints
- If the Hirer is not satisfied with the service or Services of E-ScootersTexel or has any other complaints, the Hirer is
the Renter is obliged to report these complaints as soon as possible, but no later than within 7 days after the relevant reason that led to the complaint. Complaints can be reported by telephone or by e-mail to email@example.com with the subject "Complaint".
- In case of complaints, a consumer should first turn to the entrepreneur. If the shop is
affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur(www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has a current membership viahttps://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute commission appointed by Stichting WebwinkelKeur, the verdict of which is binding and both entrepreneur and consumer agree to this binding verdict. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform(http://ec.europa.eu/odr).
- The complaint must be sufficiently substantiated and/or explained by the Renter for E-ScootersTexel to be able to deal with it.
E-ScootersTexel will deal with the complaint.
- E-ScootersTexel will respond to the complaint in substance as quickly as possible, but no later than within 14 working days of receipt of the complaint.
respond to the complaint in terms of content.
- The parties will endeavour to reach a solution together.
Article 21 - Applicable law
- Dutch law applies to every agreement between E-ScootersTexel and the Renter. The
The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
- E-ScootersTexel reserves the right to amend these General Terms and Conditions. The most recent version
of the general terms and conditions can be found on the Website.
- Any disputes arising from or as a result of the Agreement between E-ScootersTexel and the Hirer will be
All disputes arising from or as a result of the Agreement between E-ScootersTexel and the Renter will be settled by the competent court of North Holland, Alkmaar location, unless mandatory law stipulates another competent court.
De Koog, 20 April 2021
Last modified on: 03/03/2022