Rental agreement - terms of use

between

Movelo

and

User

hereinafter referred to as "user".

1. Subject matter of this agreement

This agreement regulates the rental of e-bikes with Movelo Share under the following conditions:

1. The user uses Movelo Share exclusively via the Movelo Smartphone App. To do this, the user needs an active user account.
2. Use: only for business purposes, no private trips.
3. Liability: User
4. Payment / rates: User
5. Invoicing compensation in case of private trips: n/a (private trips not permitted).

2. Registration

1. The user must be at least 16 years old at the beginning of registration.
2. The registration can be done via the registration form in the app or via an invitation by e-mail.
3. Registration form Standaard
   1. Once the relevant personal data has been submitted, Movelo will decide whether to accept the request to open a user account.
   2. Movelo can reject applications without giving reasons.
   3. If the request is not accepted, the user has no right to information about the reasons for this.
   4. The acceptance of the request is communicated to the user by e-mail. The user is asked to create his personal access data. After successful entry of the access data, the user has created a user account.
4. Invitation to register by e-mail
   1. Movelo decides whether to send the user an invitation by e-mail.
   2. The user is not entitled to an invitation.
   3. If the user is not invited, he has no right to information about the reasons for this.
   4. The user is asked to create his personal access data. After successfulentry of the access data, the user has created a user account.

3. User account

1. The user is responsible for creating his access data (username, password). The user ensures that his personal data is protected against unauthorized access by third parties.
2. The user can change his password at any time and as often as he wants. If abuse is suspected, the user is obliged to inform Movelo immediately.
3. If changes occur in the user's personal data during the business relationship between the user and Movelo, the user undertakes to correct his data via the App or to inform movelo of this by e-mail.
4. Movelo has the right to deactivate the user account.
   1. If deactivated, the user's right to use Movelo Share expires.
   2. The user has no right to  information about the deactivation of his user account.
5. The user has the right to delete his user account.
   1. The user submits the request for deletion to Movelo and sends an e-mail with his first and last name, e-mail address and the reason for the request.
   2. After acceptance of the request for deletion, all user data will be anonymized and deleted.
   3. Systemof the user account is not possible.
   4. The user is informed of the successful deletion of his user account.

4. Start and duration of the rental agreement

1. The user has the right to use e-bikes via the App via his personal and active user account.
2. The user has no legal claim to the rental of an e-bike.
3. The user can rent an e-bike directly or reserve it for a time in the future.
4. The user can cancel a reservation with due observance of the cancellation period and without giving reasons.
5. The rental period is limited.  The rental period is determined on the basis of the start of the rental and the chosen rate.
6. The user is obliged to return the e-bike without defects at the agreed place and at the latest at the agreed return time.
7. If the user continues to use the e-bike after the end of the agreed rental period, the rental agreement will not be deemed to have been extended.
8. Movelo reserves the right to impose a penalty if the rental period is exceeded that at least covers its costs.

5. Conditions

1. Subletting to or use by third parties is prohibited.
2. The user undertakes to handle the e-bike carefully and professionally.
3. The user undertakes to charge the e-bike exclusively at Movelo charging stations or with the original charger of the drive manufacturer.
4. The user undertakes to observe all regulations, traffic rules and technical rules relevant to the use.
5. Information about the use of the e-bikes can be viewed via the Smartphone App.
6. The user may only use E-bikes that are free of defects.
7. The e-bike must always be locked correctly and securely.
8. The e-bikes may not be used:
   1. for passengertransport;

0. 2. by persons who are under the influence of alcohol or drugs;
   3. in case of strong winds and/or gusts of wind;
   4. for driving without hands on the wheel;
   5. if the E-bike  is not trafficsafe
1. The following is prohibited:
   1. Exceeding the permissible total weight of the e-bike. This means that the weight of (A) the e-bike, (B) the rider and (C) the transport items together must remain below the permitted total weight of the E-bike.

9. 2. Assembly of parts on the e-bike.
   3. Changes to the e-bike.
10. After the user has received the return confirmation, he may no longer use the e-bike. This also applies if Movelo has terminated the rental agreement remotely.

6. Liability
   1. Business use

1. This article 6.1 applies insofar as the user uses the e-bike for business purposes. Business use exists if:
   1. there is  a valid employment relationship between the user and the Klant (employer);

1. 2. the user uses the e-bike for business trips during working hours;
   3. the user uses the e-bike for commuting.
2. Fines resulting from the commission of criminal and administrative violations during the use of the e-bike are at the expense of the user.
3. Liability during the rental period:
   1. Costs for personal injury to the user are borne by the user.

3. 2. Costs for damage to the e-bike are borne by the user.
   3. costs for theft of the e-bike are borne by the user.
   4. Costs for damage to third parties are borne by the user.
4. Claims for damages against third parties must be assigned to the user.
5. In the event of damage resulting from intent or deliberate recklessness on the part of the user, the Customer may sue the user for compensation.
   2. Private use

1. This article 6.2 applies insofar as the user uses the e-bike for private rides.
2. Fines resulting from the commission of criminal or administrative offences during the use of the e-bike shall be borne by the user.
3. Liability during the rental period:
   1. Costs for personal injury to the user are borne by the user.

3. 2. Costs for damage to the e-bike are borne by the user up to a maximum of EUR 150 net.
   3. The user owes EUR 150 net in case of theft of the e-bike.
   4. Costs for damage to third parties are for the account of the user.
4. If the Customer declares itself willing to bear the costs as mentioned in (c) under (ii) and (iii), Movelo transfers its claims against the user to the Customer. For that case, the user expressly gives Movelo permission to share the necessary rental and personal data with the Customer once.

7. Defects / damage to the e-bike

1. At the beginning of the rental process, the user must check whether the e-bike is free of defects.
2. If the user discovers a defect, this must be reported to Movelo immediately, truthfully and in detail via the App.

8. Behaviour in the event of an accident

1. Accidents must be reported to Movelo immediately via the App (damage report). The following information may be provided:
   1. Description of the event giving rise to the damage:
      1. Nature of the event: accident;
      2. Injured: yes / no;
      3. Place of the accident (including address details);
      4. Contact details of the persons involved in theaccident.
      5. Description of the facts

1. 2. Description of the damage caused:
      1. Description of damage to the rented e-bike;
      2. Description of any personal injury.
2. If other persons besides the user are involved in the accident, this must be reported to the police.
3. If the user culpably violates this notification obligation, he is liable for the damage of Movelo as a result of the violation of this obligation.

9. Behaviour in the event of theft

1. The user undertakes to adequately protect the e-bike against theft by closing the integrated U-lock when leaving the e-Bike.
2. In the event of theft of an e-bike, the user must report this to the police and immediately report the theft to Movelo.

10. Liability movelo

1. Movelo is not liable for damage to the e-bike that was already present and known when entering into the agreement.
2. Movelo is not liable for damage to objects (e.g. smartphones) that are transported by e-bike, unless the damage is due to its intent or deliberate recklessness.
3. For the rest, the liability of Movelo is excluded, except in case of intent or deliberate recklessness.

11. Praise

1. Registration is free of charge.
2. In the case of private  and business use , the user may be charged a rental price, which is characterized as such and is further regulated in Article 12.

12. Rent

1. In the event that the user owes a rental price for the use of Movelo SHARE, movelo will charge this rent to the user by using its own virtual currency.
2. The internal currency is called "Credit".
   1. Credit account
3. The User's Credits are administered by Movelo via a Credit account in the user's name. There are no costs for the user.

1. The user can request the current balance of his Credit account at any time via the App.
2. The App shows the user how to buy new Credits.
   2.  Buy credits

1. The user can buy redits (EUR2Credits) online via the App C.
2. Users within the Netherlands can choose from the following payment methods:
   1. PayPal

2. 2. SEPA direct debitmandate
   3. Credit card
   4. IDeal
3. Users outside the Netherlands can choose from the following payment methods:
   1. PayPal

3. 2. Credit card
4. After purchase, the Credits are  immediately credited to the user's Credit Account.
5. The Credits obtained  are valid indefinitely.
6. An exchange of Credits in euros is excluded.
   3. Direct rental

When entering into a direct rental of an e-bike, the user's Credit account is immediately debited at the chosen rate.

1. 4. Reservation / rent in the future

When an e-bike is reserved for the future, the user's Credit account is immediately debited at the rate chosen.

1. 5. Cancellation of the rent

In the event of cancellation, the Credits at the rate chosen will  be credited to the user's Credit Account.

1. 6. Late return of the E-bike

If the user returns the e-bike too late, he is obliged to compensate movelo for any resulting damage.

1. 7. Not using an E-bike

If the user, after entering into (i) a direct rental or (i) a reservation for a rental in the future, does not actually use the rental, the debited Credits remain  due in the amount of the chosen rate.  The user is not entitled to a refund.

0. 8. Accident / damage
1. In the event of an accident or damage caused by third parties during an active rental, the user is entitled to a refund of the Credits at the   chosen rate.
2. The refund will be made to the user's Credit account .
   9. Price increase / rate change

Movelo is entitled to change its rates once a quarter as a result of changing market conditions, changes in the purchase costs or in changes with regard to VAT.

13. Ontbindingsrecht

1. The user has the right to terminate this agreement withoutgiving any reason  until a period of fourteen days has elapsed after the day on which this agreement was concluded.  The moment of sending the request for dissolution is decisive.
2. The right of dissolution is exercised by an unambiguous statement to Movelo by letter, fax or e-mail. The user can use the attached cancellation form for this, but is not obliged to do so.
   1. Consequences of dissolution

1. If the user dissolves this agreement in accordance with Article 13, Movelo must refund all payments made by the user within fourteen days after receipt of the declaration of dissolution.
2. For this refund, the same means of payment will be used as for the original transaction, unless expressly agreed otherwise.  Nofees will be charged for this refund.
   2. Commencement of performance of the agreement before expiry of the termination period

1. The user expressly agrees that Movelo can start with the execution of this agreement before the expiry of the dissolution period as referred to in Article 13 under .
2. The user declares to be aware that with the start of execution of this agreement he loses his right to dissolution with regard to the services already provided.
   3. Example dissolutionform

The sample form for exercising the right of cancellation  can be downloaded free  of charge by the user.

0. 4. Applicable law and dispute resolution
1. This agreement including article 13.4 under (b) and any non-contractual obligation arising out of or in connection with this agreement are governed exclusively by Dutch law.
2. All disputes arising on the basis of or in connection with this agreement, including disputes about the existence and validity thereof and non-contractual obligations, will be settled by the District Court of Amsterdam.