Rental Conditions for Bike Rental Veerhaven Texel
The payment receipt also serves as the rental contract.
We use the Bovag rental conditions, with the exception of article 6: Cancellation.

DEFINITIONS
In these conditions, the following definitions apply:

• Bike: a two- or more-wheeled vehicle powered by human strength via pedals, with a maximum speed of 25 km/h, including the accessories rented.
• Renter: the natural or legal person who concludes the rental agreement as the renter.
• Lessor: the natural or legal person who concludes the rental agreement as the lessor.
• Consumer: the renter who is a natural person and has concluded the rental agreement for purposes outside their business or professional activity.
• Damage of the lessor: the financial loss suffered by the lessor due to: damage (including abnormal wear) or loss of the bike, accessories (such as a key), or bike parts. This damage includes, among other things, the costs of replacing (accessories and parts of) the bike and the loss of rental income.
• Rider: the actual operator of the bike.
• Written: in writing or electronically.

Article 1 – Applicability
These general conditions apply to rental agreements for bikes between the lessor and the renter.

Article 2 – The Offer
The renter may choose whether the lessor makes an offer in writing or verbally.
An offer may be revoked if it depends on the availability of a bike. Otherwise, the offer cannot be revoked for 14 days. The offer can be accepted immediately after it is made.
The offer contains a complete and accurate description of:

• the bike;
• the rental period;
• the rental amount;
• the method of payment;
• any additional costs;
• the amount of the deductible, and whether this deductible can be waived;
• the possible security deposit or other means of providing security. This security deposit is a minimum of €50 and a maximum of €100 per bike and can be paid in cash or by other means;
• the fact that acceptance of the offer is not without obligation.
  The offer includes the opening hours of the business and the phone number where the business can be reached.
  These general conditions are included with the offer. If it is not possible to provide them with the offer, they will generally be provided at the time of concluding the agreement, but if a rental agreement is made by phone, they will be sent later.Article 3 – The Agreement
  The agreement is established by acceptance of the offer. The lessor confirms the verbal agreement in writing; however, if this does not occur, the agreement remains valid.
  The rental agreement applies for the period and rate as stated in the rental agreement or as otherwise agreed. The rental agreement specifies the day and time when the rental period begins and ends.Article 4 – The Price and Price Changes
  The rental amount and any additional costs are agreed upon in advance. This also applies to any possibility of changing the price during the term. The rental amount will be clearly stated in the rental agreement.
  If a price change occurs within three months after the conclusion of the agreement, it will not affect the agreed price.
  The consumer may terminate the agreement if the price increases after three months from the conclusion of the agreement but before the rental period has started.
  The second paragraph does not apply to price changes resulting from the law, such as an increase due to VAT.
  Only costs that have been agreed upon can be charged to the renter. However, the renter must pay compensation to the lessor if there is a reason for it.

  Article 5 – The Rental Period and Exceeding the Rental Period
  The renter must return the bike no later than the day and time when the rental period ends. The address is specified in the rental agreement. If another address has been agreed upon, the bike must be returned there on time. The lessor must accept the bike during opening hours.
  The renter may only return the bike outside opening hours or to another address with the lessor’s permission.
  If the bike is not returned as agreed after the end of the (possibly extended) rental period, the lessor may immediately reclaim the bike. The contractual obligations of the renter remain in effect until the bike has been returned to the lessor.
  If the renter does not return the bike on time, the lessor may charge the renter 20% of the daily rental price for each hour the bike is late. After a delay of five hours, a daily rate of up to 1.5 times the daily rental price may be charged. Additionally, the lessor may request compensation for damages, both for existing damages and for damages that may arise later. If it becomes impossible to return the bike, no higher rental price will be charged. The increase in the rental price does not apply if the renter can demonstrate that the delay in returning the bike is due to force majeure.

  Article 6 – Cancellation
  If an agreement is canceled by the renter, the lessor will charge the following cancellation fees:

  • From the moment of reservation up to 8 full calendar days before the rental day: 25% of the rental amount;
  • For cancellations between 7 and 4 calendar days before the rental day: 35% of the rental amount;
  • For cancellations between 3 and 1 calendar day before the rental day: the full rental amount;

  Additionally, you can choose to reschedule your reservation at any time. The cost for rescheduling your reservation is always €5.00 each time you wish to change the date. You will retain your reservation, including the amount you paid for the bikes (excluding service fees and rescheduling costs), and we will place this in our archive once the rescheduling fee is paid.
  In case of cancellation on the same day, we always charge the full rental amount. The reservation can still be moved to another date. The costs we charge for cancellation on the same day, and moving to another day, are €5 per reserved item plus €5 for rescheduling.
  For the above conditions, the paid €2 service fee is non-refundable.
  We will also charge the transaction fees associated with your chosen payment method (on average 1.9% of your rental amount).

  Article 7 – Payment
  At the beginning of the rental, the lessor may request payment of a security deposit.
  Once the bike is returned, the lessor will refund the security deposit, either in cash or via bank transfer. The lessor may deduct any outstanding costs from this amount.
  In the event of damage to the lessor, this will also be deducted from the security deposit. The refund will take place as soon as it is clear how much is remaining. The refund will definitely occur within two months. If the damage exceeds the amount of the security deposit, the lessor will charge the renter for the additional costs.
  If another person has caused damage to the lessor and the lessor has received full compensation for this from that third party, the security deposit will be refunded within 14 days after the damage has been recouped. The lessor will make an effort to recover damages caused by third parties as soon as possible and will keep the renter informed of these efforts.
  If the rental period begins within three months of concluding the agreement, the lessor may request an advance payment of up to 50% of the rental amount. Unless otherwise agreed, the rental amount for the rental period must be paid in full. Other amounts must be paid within ten days of receipt of the invoice. The renter must pay the owed amount before the payment due date. If not, the lessor will send a free payment reminder after the due date and give the renter the opportunity to pay the outstanding amount within fourteen days of receiving this reminder. If payment is still not made after the reminder period, the lessor is entitled to charge interest from the moment of default. This interest is equal to the statutory interest rate. Any legal and extrajudicial costs incurred to enforce payment of a debt may be charged to the other party. The amount of these costs is subject to (statutory) limits, which can be adjusted in favor of the renter.

  Article 8 – Obligations of the Renter
  The renter must treat the rented bike properly and ensure it is used as intended. For example, the renter should handle the charger with care and charge it regularly. It is prohibited to use the bike on a circuit or on terrain for which the bike is not suitable. The bike must always be locked with the provided locks, preferably to a fixed object.
  The renter must return the bike in the same condition as it was received. This means, for example, that the renter must reverse any modifications made to the bike. The renter has no right to compensation for any improvements made to the bike that need to be removed.
  The renter must securely fasten any luggage on the bike. No adults are allowed to ride on the back, only children in a child seat. The maximum load for the luggage carrier is 25 kilograms.
  The renter must ensure that no one uses the bike who is unable to do so due to a physical or mental limitation.
  The renter may not sub-rent the bike.
  The renter may not take the bike off Texel.
  If the bike is damaged, Article 10, paragraph 1 applies, and the renter may not continue to ride if this makes the situation worse.
  The renter is required to inform any persons allowed to use the bike about the rental rules and ensure they comply with them.
  The renter must handle the bike keys with care.

  Article 9 – Instructions for the Renter
  If the bike is visibly damaged, has suffered any damage, or is missing, the renter must follow these instructions:

  • The renter informs the lessor about the issue;
  • The renter does what the lessor requests;
  • The renter provides all information and relevant documents to the lessor or their insurer, either proactively or in response to a request;
  • The renter leaves the bike in a manner that adequately protects it from damage or loss;
  • The lessor may seek compensation from a third party. It is also possible that a third party believes the lessor owes them compensation and that the lessor wishes to contest this. In such cases, the renter must cooperate.
    In the event of the bike being lost, the renter is required to report it to the local police. The renter is also obligated to fully cover the costs of the bike. If the bike is returned to the lessor, the renter will receive the paid costs back.

  Article 10 – Obligations of the Lessor
  At the moment the lessor provides a (electric) bike to the renter, it will include the agreed accessories and specifications, as well as the equipment required by law in the Netherlands. The bike will also be clean, well-maintained, and (as far as known or apparent to the lessor) in good technical condition. For electric bikes, the battery will be fully charged.
  The renter receives a free upgrade if no bike can be provided from the agreed category. Such an upgrade is not possible if the agreed bike is already in the highest category.
  The rental agreement includes phone numbers where the renter can reach the lessor during and outside opening hours.
  Adequate breakdown assistance is available on Texel.
  Adequate breakdown assistance includes offering replacement transport by the lessor if a defect in the bike needs to be repaired. If the breakdown is due to the renter’s fault, the costs of assistance will not be reimbursed by the lessor.
  The lessor will inspect the bike for any damage immediately upon its return by the renter. This applies both when returning the bike to the original location and when returning it to another branch of the same store.
  In the case of damage to the bike, the costs of repatriating the bike will be borne by the lessor, unless the second paragraph of Article 12 applies.

  Article 12 – Defects in the Bike and Liability of the Lessor
  When the renter requests the lessor to resolve defects, the lessor must generally do so. However, this is not required if a defect cannot genuinely be resolved. It is also not required if it would be unreasonable for the renter to ask the lessor to address the defect, considering the costs the lessor would have to incur. If the renter is liable to the lessor for the defect or its consequences, the lessor is also not obligated to resolve the defects, even if the renter has requested this.
  If someone who has suffered personal injury can claim this damage from their liability insurer or has received another benefit for it, the lessor is not liable for this personal injury.
  However, the provisions in Article 13, paragraph 2 do not apply in cases of personal injury if the lessor was aware or should have been aware of the defects at the time of making the rental agreement, or if the defects were caused by intentional actions or gross negligence on the part of the lessor.
  The stated range of an electric bike is no more than an estimate.

  Article 13 – Damage and Repairs
  Repairs to the bike are the responsibility of the lessor, unless the damage is due to careless use of the bike.
  The renter may only have someone other than the lessor repair the bike after obtaining permission from the lessor. The lessor will grant this permission if it is reasonably necessary, considering the defect itself and other circumstances.
  As an exception to paragraph 2, the renter is allowed to repair or replace flat tires and light bulbs and batteries for the bike’s lighting at their own expense and risk without needing the lessor’s permission.
  If the bike is damaged during the rental period, the renter must return the damaged bike to the location where it was rented. The parties may agree that the damage can be reported at another location.
  The renter must report any damage to the bike to the lessor as soon as reasonably possible.
  If the lessor fails to repair the rented bike in a timely manner when they should, the renter may arrange for the repair themselves and request reimbursement for their reasonable costs.
  The lessor is obligated to compensate for damage that has arisen from a defect in the bike in the following situations:

  • The defect was already present at the time of entering into the rental agreement, and the lessor was aware of it or should have been aware of the defect;
  • The defect was present at that time, but the lessor informed the renter that the bike did not have the defect at the time of the agreement;
  • The defect arose after the rental agreement was made but is attributable to the lessor.Article 14 – Termination of the Rental Agreement
    The lessor may terminate the rental agreement and reclaim the bike at the moment when:
    • The renter fails to fulfill one or more of their obligations during the rental period, unless this is not serious enough to justify termination;
    • The renter dies, is placed under guardianship, applies for suspension of payments, is declared bankrupt, or falls under the Natural Persons Debt Restructuring Act;
    • The lessor becomes aware of circumstances such that if they had known of them, they would not have entered into the rental agreement with the renter in this manner. In that case, the lessor may continue to demand compensation for costs, damages, and interest.
      The renter must cooperate fully with the lessor to return the bike.
      The lessor is not liable for damages to the renter resulting from termination under this article.

    Article 15 – Complaints and Mediation
    Complaints regarding the execution of the agreement must be submitted to the lessor, fully and clearly described, in a timely manner after the renter discovers that something has gone wrong, in their opinion. If the renter is late, they may lose their rights.

    Article 16 – Dispute Resolution
    Disputes between the renter acting for purposes outside their business or professional activities and the lessor concerning the formation or execution of agreements regarding services and goods provided or to be provided by the lessor may, subject to the provisions hereinafter, be submitted by either the renter or the lessor to the Vehicle Rental Disputes Committee. Address: The Disputes Committee, P.O. Box 90600, 2509 LP The Hague (visiting address: Borderwijklaan 46, 2591 XR The Hague).
    A dispute will only be considered by the Disputes Committee if the renter has first submitted their complaint to the lessor in a timely manner. A dispute arises if the complaint of the renter is not satisfactorily resolved by the lessor and/or through the mediation attempt by BOVAG Mediation.
    If the complaint does not lead to a resolution, the dispute must be submitted in writing or in another form determined by the Disputes Committee no later than 12 months after the date on which the renter submitted the complaint to the lessor. A dispute exists after the complaint handling by the lessor and/or via the mediation attempt by BOVAG Mediation has not been resolved.
    When the renter submits a dispute to the Disputes Committee, the lessor is bound by this choice. If the lessor wishes to submit a dispute to the Disputes Committee, they must ask the renter to indicate within five weeks whether they agree to this. The lessor must announce that after the aforementioned period, they will feel free to submit the dispute to the court.
    The Disputes Committee makes decisions in accordance with the provisions of the applicable regulations. The decisions of the Disputes Committee are made as binding advice under that regulation. The regulation will be sent upon request. A fee is due for the handling of a dispute.
    Only the court or the aforementioned Disputes Committee has the authority to take cognizance of disputes.

    Article 17 – Performance Guarantee
    BOVAG guarantees compliance with the binding advice of its members if the lessor does not comply with the binding advice, unless the member decides to submit the binding advice to the court for review within two months of its dispatch, and the judgment in which the court declares the binding advice non-binding has become final.
    The guarantee provided by BOVAG concerns a maximum amount of €450 to be paid by BOVAG against the assignment of the renter’s claim. For amounts greater than €450 per dispute, BOVAG will pay the maximum amount of €450 to the renter under the same conditions. For the excess, the renter is offered to assign their claim to BOVAG, after which BOVAG will, if necessary, seek payment in court. BOVAG undertakes in that case to transfer collected funds to the renter.
    The guarantee mentioned in paragraph 2 does not apply if a court annuls the binding advice. In the event of bankruptcy, suspension of payments, or termination of the lessor’s business, BOVAG will only pay an amount of up to €450 per dispute, and the guarantee only applies if the renter has fulfilled the formal obligations to submit the dispute to the Vehicle Rental Disputes Committee before such a situation arises.

    Article 18 – Processing of Personal Data of the Renter and the Driver
    The personal data specified in the contract will be processed by the lessor as the responsible party under the Data Protection Act in a personal registration. This processing allows the lessor to implement these terms, execute the agreement, provide the renter or driver with optimal service and current product information, and offer personalized offers to the renter or driver. The renter and driver may request access to and correction of the processed personal data and file an objection. In the case of direct mail, such a protest will always be honored.

    Article 19 – Applicable Law
    Dutch law applies to this agreement unless, under mandatory law, the law of another country is applicable.

    Complaints Handling System – Bike Rental Veerhaven Texel

    Purpose and Principles
    The complaints handling system is designed to address customer complaints in an efficient, fair, and transparent manner. We strive to provide the highest quality of service and view complaints as an opportunity to improve our service.

    Complaints Procedure
    2.1. Information Provision
    Customers are actively informed about how to submit a complaint. This information is clearly visible in the following places:

    • On our website
    • At our store, at the counter
    • Through our customer service (by phone and email)

    2.2. Submitting a Complaint
    Customers can submit a complaint in the following ways:

    • In the store: A customer can personally report a complaint at the counter of Bike Rental Veerhaven Texel.
    • By phone: Complaints can be reported via our phone number 0222319588 or 0647430768 (WhatsApp).
    • Email: Customers can send their complaints to info@veerhavenfietsen.nl.

    2.3. Acknowledgment of Receipt
    Upon receiving a complaint, we send the customer an acknowledgment of receipt within 3 working days. This acknowledgment includes:

    • That we will process the complaint and immediately include an assessment in this email.

    3. Assessment and Resolution
    3.1. Internal Assessment
    After receiving a complaint, it is internally assessed by the responsible department (rental, repair, or delivery). This step includes:

    • Investigation: The complaint is investigated by an employee.
    • Solution Discussion: If necessary, contact is made with the customer to gather additional information or to seek a solution together.

    3.2. Response Time
    Within a maximum of 5 working days after receiving the complaint, the customer will receive a proposed solution. If the investigation takes longer, the customer will be informed about the delay and the expected response date.

    3.3. Solution
    We aim to resolve a complaint completely within 10 working days. Proposed solutions may include:

    • Compensation: Refund of an amount or a discount for the next time.
    • Repair or Replacement: Of the rented or repaired product.
    • Apologies: In cases of human error.

    Communication and Transparency
    To ensure transparency:

    • Customers are kept informed about the progress of their complaint.
    • We ensure that the entire process is clear and understandable, both verbally and in writing.

    Registration and Analysis
    All complaints are documented and recorded in a central database, including:

    • The nature of the complaint.
    • The date of submission.
    • The progress and resolution.

    We periodically analyze this data to identify common issues and further improve our processes.

    Summary of the Complaints Process:

    • Submit a complaint (in-store, by phone, via email, or through the website).
    • Acknowledgment of receipt within 2 working days and a response or; see 3.
    • Investigation and proposed solution within 5 working days.
    • Provide a solution or apology within 10 working days.

    This system provides clear guidelines for both customers and employees, ensuring a structured and transparent handling of complaints. It not only helps resolve issues but also enhances the overall customer experience.