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

2. Operational Area

• The operational area is defined as the geographical borders of the city your start your subscription with in the Netherlands. Bike 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 web 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 credit or debit card.
• A one-off Deposit will be charged will be charged to the Subscriber’s payment card and will be held by MOBY for the Term. At the completion of the Term the Subscriber shall return the bike and equipment to the store and subject to the bike package being returned undamaged the deposit shall be refunded in full to their payment card. In the event that the bike package isn’t returned undamaged, the necessary charges will be applied to the deposit and any additional charges will be charged to the Subscribers payment card. Any overdue rental fees will also be deducted from the Deposit or charged to the Subscriber's payment card.
• Theft & Missing Items. The Subscriber will be charged for these in accordance with the Replacement Value other than where theft coverage applies as per clause 7 hereto.
• The Subscriber will be charged for any non wear and tear damage during the Term.
• The Subscriber will be charged for any damage due to not storing the bike in a protected place where the bike could be affected from the elements. I.e Rusting.
• MOBY may amend the Subscription Fee with at least one Term’s notice.
• The Subscriber will be liable for a €25 cleaning fee if the bike is returned to the store in a condition deemed not clean. The bike should be returned in the same condition it was received. In the event this is the case the subscriber will be liable.

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 directly at the service locations.
• 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. Theft Cover

• When signing up for a subscription theft cover is applied to the bike during the Term. This cover however is not always guaranteed and MOBY cannot be liable if a claim for theft is made and is unsuccessful. The locking and reporting rules as described below must be followed to enable a claim to be made.

• Locking rules

• The bike(s) must always be locked using the lock provided by MOBY to an immovable object.
• In the event you lose this lock, the Subscriber must not use the bike and then contact MOBY within 24 hours to purchase a replacement lock.
• The Subscriber is completely liable for the Replacement Value of the bike package until a replacement lock is provided by MOBY.
• The Subscriber must follow the locking instructions as demonstrated by the MOBY representative when receiving the bike package.
• Locking procedure: HOME

• Lock the bike in a private secure storage location only accessible and controlled by the Subscriber.
• Remove the battery from the bike and store this safely.
• Remove the key when locking the bike.

• Locking procedure: Deliveries / Work

• Lock the bike to an immovable object for no more than 24 hours.
• Remove the battery from the bike and store this safely.
• Remove the key when locking the bike.

• Reporting a theft

• If your bike is stolen you must report this to the police within 24 hours of the theft and obtain a police reference number.
• You will need to report this to MOBY via email within the 24 hours of the theft.

• MOBY will send a claims form that will need to be completed to make a claim on the cost of the bike to the Subscriber.
• Details that will be required for the form include but not limited to:

• The police reference number.
• A picture of the bike lock key within 24 hours of the theft.
• A picture of where the bike was stolen within 24 hours of the theft.

• MOBY will then submit the claim for review.
• An admin fee of  €100 is charged for making a claim, whether successful or unsuccessful.
• If the claim by the Subscriber is successful, paid in full to MOBY and the admin fee has been paid, then MOBY will provide the Subscriber with a replacement bike package.
• If the claim is unsuccessful the Subscriber will be liable for the Replacement Value.

9. 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.

10. 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.

11. 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 support@monymove.com

On agreeing to this Agreement you confirm that you have read and understood the Terms of this Agreement. By paying for 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.