Agreement for a bike package rental between “Subscriber” and  Moby bikes Netherlands B.V. (“Moby”)

1. Definitions:

The definitions and rules of interpretation in this Clause shall apply to this Agreement.

• Subscriber - the individual who signs up for a subscription with MOBY whose details are provided above.
• Bike Package - All the items included within the subscription which includes a bike, battery, charger, lock, key and other items if added on.
• Term - the length of this Agreement
• Operational Area - The Operational Area is defined based on your subscripion
• Equipment - All the items included within the Bike Package.
• Subscription - A weekly or monthly plan for a Bike Package
• Vehicle Provider - The vehicle provider is the company that is paying for the subscription fees for the subscribers.

2. Operational Area

• The operational area is defined as the geographical borders of the city your start your subscription with in the Netherlands. Bikes are not allowed to be operated outside of these areas or in between territories.

3. Term

• From the date of starting your subscription in the app the subscription will continue until you cancel this agreement.

4. Subscriber Obligations:

The Subscriber will

• Inform MOBY of any changes to their personal details.
• Provide a valid form of Identification (Passport, Driving License or Government issued ID).
• Be at least 18 years of age.
• Be responsible for risk of theft, safe riding and storage of the bike package during the Term.
• Check the Equipment regularly and report any bike or battery defects to MOBY within 24 hours and shall not ride the bike or use the battery until the defects are repaired by MOBY.
• Not repair or use any third party to repair any Equipment, only using MOBY’s repair centres which are suggested through the webapp.
• Only use Equipment provided by MOBY with the bike.
• Not modify the Equipment in any way, including branding.
• Will pay all Fees and Charges when due.
• Only charge batteries when in view of the subscriber and will not leave unattended.
• Charge batteries in a safe location and not charge when damaged, dropped or overheating. It is extremely important that these conditions are followed.
• Ensure the bike is stored in a dry location where it is protected from the elements.
• Assume all liability and risk for the bike during the term of this agreement.

5. Fees and Charges 

• A weekly Subscription Fee will be charged to the Subscriber’s vehicle provider. At the completion of the Term the Subscriber shall return the bike and equipment to the store. In the event that the bike package isn’t returned undamaged, the necessary charges will be applied to the vehicle provider and any additional charges.

6. Title and risk

• At all times MOBY retains ownership of all items included within the bike package. Risk shall pass to the Subscriber on collection of the bike package.

7. Servicing and Maintenance

• MOBY will ensure that the bike is to safe to ride when handing over to the Subscriber.
• Included in the subscription is general wear and tear maintenance.  
• Damage as mentioned is charged to the Subscriber’s vehicle provider.
• Wear and tear is deemed as general wear and tear, if the vehicle is mistreated then the rider is charged as damage. See the full breakdown of wear and tear vs damage attached to the onboarding message.
• MOBY Reserves the right to update the wear and tear vs damage sheet at anytime, it will not take affect until 7 days from when it is updated.

8. Termination

• Termination by MOBY:

• MOBY shall have the right to Terminate this Agreement immediately if the Subscriber is not observing any its obligations as outlined under clause 3 or with one Term’s notice for any reason whatsoever.

• Termination by Subscriber:

• The Subscriber may Terminate the Agreement with one Term’s notice for any reason whatsoever.

9. Governing law and jurisdiction

• This Agreement and any dispute or claim (including a non-contractual dispute or claim) arising out of or in connection with it shall be governed by and construed in accordance with Dutch Law.
• The courts of Netherlands shall have exclusive jurisdiction to settle any dispute or claim (including any non-contractual dispute or claim) arising out of this Agreement.

10. Privacy:

• MOBY Bikes Limited considers the protection of your personal data to be important. How we  protect your personal data is explained in our Privacy Statement. This can be consulted at https://www.mobybikes.com/privacy-policy/. Questions or remarks in this regard may be addressed to itsupport@monymove.com

On agreeing to this Agreement you confirm that you have read and understood the Terms of this Agreement. By starting the bike rental in the app, you also agree that you take full responsibility of the bike package and that you have received the bike package in good condition accepted by you.