The General Terms and Conditions
The General Terms and Conditions feature the following defined terms:
Subscription: the agreement between UniBikes and the Renter concerning the use of the Bicycle by the Renter as well as any other agreement between UniBikes and the Renter;
General Terms and Conditions: these General Terms and Conditions of UniBikes apply to every subscription;
End Date: the date on which the Subscription ends due to termination by the Renter as explained in Article 6.3;
Bicycle: the Bicycle made available to the Renter by UniBikes based on the Subscription for use by the Renter in accordance with the General Terms and Conditions;
Renter: any natural or legal person who concludes a Subscription with UniBikes;
Improper Rent: has the definition as explained in Article 5.4;
UniBikes: UniBikes IVS, with its registered office in Rødovre, and its principal place of business at Ægirsgade 33, 2 th. value added tax identification number 39189577;
UniService: the solution provided by UniBikes for the Renter concerning the Bicycle, by either repairing or exchanging it for another Bicycle.
2.1 These General Terms and Conditions apply to every subscription between UniBikes and a Renter.
2.2 Agreements between UniBikes and Renter in deviation from, or in addition to, these General Terms and Conditions are valid only if they explicitly and in writing are confirmed by a Regional Manager of UniBikes via an e-mail.
2.3 All amount mentioned by UniBikes include VAT.
3.1 For the duration of the subscription the renter will have a Bicycle.
3.2 The Subscription entitles to free UniService (see Article 5). This means:
• the free repair of defects on the Bicycle due to wear and tear caused by normal use of the Bicycle. Examples of such defects include: a flat tire, a broken (chain) guard, a torn saddle and broken lighting;
• the free Bicycle UniService within the city limits in which UniBikes is active
3.3 The bike can be provided with an advertisement. If the advertisement is damaged or is completely removed from the Bicycle, the Renter should notify UniBikes immediately.
4. Terms and Conditions
4.1 The Renter normally uses the Bicycle and takes care of the Bicycle with due care and diligence.
4.2 The Bicycle is intended exclusively personal use by the Renter.
4.3 The Renter must be in possession of a SEPA bank account number.
4.4 The Bicycle remains the property of UniBikes at all times. The Renter is prohibited to establish or grant any (security) right to the Bicycle for use by a third party.
4.5 The renter is personally responsible for compliance with the General Terms and Conditions.
4.6 The renter may not make any changes to the Bicycle that cannot be removed without damaging the Bicycle.
5.1 UniBikes aims to rent a Bicycle within 24 hours after the Renter has contacted UniBikes via telephone, e-mail or Whatsapp. UniService takes place by appointment with the Renter.
5.2 If this target time period is not met, the Renter cannot claim any compensation or remuneration.
5.3 UniService takes place only in the case of a defect, loss or theft of the Bicycle and only within the city limits in which UniBikes is active.
5.4 When the Renter requests a wrongly rent (an ‘Improper Rent’), UniBikes has the right to charge 100 DKK call-out charges. When the Renter fails to appear at a scheduled rent, this will also be considered an Improper Rent.
5.5 When UniService a Bicycle, the Renter transfers both the Bicycle and the key to UniBikes.
6. Subscription Term and Termination
6.1 The subscription is concluded for a period of one month. After expiry of this term, the Subscription is renewed tacitly for a period of one month.
6.2 The Subscription costs for the first month will be determined on a pro rate basis of the remaining number of days in the respective month based on the monthly rate.
6.3 The period of notice of Termination of the Subscription is one month. From the day that the written notice of Termination of the Subscription by the Renter is received by UniBikes via e-mail, the Subscription is still active for one month, so that the Subscription ends one month after the day on which the notice of Termination is received by UniBikes (the ‘End date’).
6.4 After the notice of Termination, the Renter has the right to use the Bicycle and the obligation to pay the costs of the Subscription until the End Date.
6.5 The Bicycle are to be submitted to UniBikes by the Renter no later than the End Date.
6.6 In the case that the Bicycle is returned by the Renter before the End Date, all rights of the Renter under the terms of the Subscription are terminated.
6.7 Prior to returning the Bicycle to UniBikes, the Renter can cancel the Termination at any time and reactivate the Subscription by means of an e-mail to UniBikes.
6.8 In the event the Renter wants to conclude a new Subscription within three months after notice of Termination of his Subscription, an amount of 200 DKK for start-up costs is payable.
6.9 If the Bicycle has not been returned to UniBikes by the Renter no later than the End Date, the Renter shall owe a penalty of EUR 50 DKK per day until the Bicycle has been returned to UniBikes, or the Subscription has been reactivated, this with a maximum of seven days.
6.10 If the Bicycle is not returned within seven days of the End Date to UniBikes and the Subscription is not reactivated, subsequently UniBikes will report a theft by the renter. In that case, the Renter is also be obligated to compensate UniBikes for suffered damage, which is set at 5000 DKK, without prejudice to UniBikes’ right to full compensation for the suffered damage, as far as it exceeds the amount of 5000 DKK.
7. Theft or missing
7.1 In case of loss or theft of the Bicycle, the Renter is obliged to notify UniBikes within 24 hours, to return the keys of the Bicycle to UniBikes and file a police report together with an employee of UniBikes. In this case, the Renter owes a deductible of 500 DKK and receives a replacement Bicycle from UniBikes.
7.2 If the renter does not, or not in time, reports the loss or theft of the Bicycle, or does not return the key to UniBikes, the Renter owes UniBikes an amount of 5000 DKK.
7.3 To prevent incidents such as loss, theft and damage, the Bicycle should always be locked wherever possible, the Bicycle should be attached to an object if possible with a chain lock.
7.4 If the Bicycle is not locked/attached and there is an incident, including a case of vandalism, loss or theft, the Renter will owe a negligence surcharge of 1000 DKK. This amount is in addition to the deductible of 500 DKK.
7.5 When a lost or stolen Bicycle is found within the term of the Subscription, the Renter will be credited with a maximum of the paid deductible. UniBikes determines this amount based on the condition of the Bicycle and possible other costs.
7.6 If it becomes apparent that the Renter provided incorrect information to the disadvantage of UniBikes, UniBikes is entitled to charge an unfairness surcharge of 1500 DKK. This amount is in addition to the deductible and possible negligence surcharge.
7.7 If parts of the Bicycle are missing or stolen, UniBikes has the right to charge this to the renter up to the maximum amount of the deductible.
8.1 The Renter must report damage to the bike caused by vandalism to UniBikes within 24 hours.
8.2 In case of damage or and wear and tear to the bike other than what is to be expected by normal use, at the discretion UniBikes, UniBikes reserves the right to recover the costs from the Renter.
8.3 In case of damage caused by (contributory) negligence of a third party, the Renter is obliged to provide UniBikes with the contact details of this third party and a situation description signed in agreement by both parties. If no contact details of the third party are submitted, the damage will be charged to the Renter.
9.1 At concluding of a Subscription, the Renter is obliged to have an authorisation for direct debit of the monthly subscription costs and other costs due charged against the specified account number.
9.2 In case of additional charges levied, such as deductible and surcharges, UniBikes reserves the right to demand payment thereof before providing the Renter with a new Bicycle. If the renter indicates that the outstanding amount can be met and this turns out not to be the case, then there is an Improper Rent and as a result costs can be charged.
9.3 When the Subscription or other costs cannot be debited or are wrongly reversed, the Renter is legally in default. The renter will then receive a reminder to still pay the amount due within fourteen days. If the amount due is not fulfilled within the period of fourteen days, UniBikes can engage a collection agency. All additional administrative costs and extrajudicial collection costs are at the expense of the Renter.
10.1 If the Renter puts a Bicycle to use, this will be regarded to as proof that it is functioning properly and shows no defects.
10.2 In case of doubt by the Renter concerning the safety of the Bicycle, UniBikes must be contacted immediately.
10.3 The use of the Bicycle by the Renter is at the renters own risk.
10.4 UniBikes is not liable for any damage suffered by the Renter as a result of using the Bicycle, unless there is wilful conduct or gross negligence on the part of UniBikes.
10.5 The renter is responsible for the timely notification of any defects and/or damages to the Bicycle.
11.1 UniBikes reserves the right to change the costs of a Subscription. Renter will be given notice on the changes by e-mail at least two months before the commencement date.
11.2 Amendments to the General Terms and Conditions will be notified by means of an announcement on the website www.UniBikes.dk and via e-mail to the Renter at least one month before the commencement date.
11.3 UniBikes has the right to transfer its claims on the Renter to third parties at all times and for whatever reason.
12. Non-compliance with obligations
12.1 UniBikes reserves the right to terminate the Subscription with immediate effect in whole or in part by means of a written notification to the renter, in case of:
• the Renter is in default with regard to his/her obligations under the Subscription;
• the Renter applies for (provisional) suspension of payment or (provisional) suspension of payment is granted to him/her;
• the bankruptcy of the Renter is applied for, or if he/she is declared bankrupt;
• the Renter is placed under guardianship or a debt management scheme for natural persons is being applied to him/her;
• the Bicycle or other goods of the Renter is/are confiscated at the expense of the Renter and this affects the fulfilment of the obligations from the Subscription;
• according to UniBikes, the renter misuses the service provided by UniBikes;
• the Renter intentionally provides incorrect information to UniBikes, or
• the Renter should not be presumed to be able to fulfil the obligations from the subscription any more.
12.2 The Renter has the right to terminate the Subscription with immediate effect if UniBikes has repeatedly and/or seriously failed to fulfil its obligations as described in the General Terms and Conditions.
13. Digital data and en privacy
13.1 When starting a Subscription, the Renters information is incorporated in a file. This file is used for following purposes:
• for the performance of our services (such as delivering of our products);
• for the marketing and sales activities such as providing the best possible information about our (other) products and services;
• for market research;
• for both statistical analyses as well as analyses per company.
13.2 UniBikes does not provide data of renters to third parties, except in cases where this is necessary for the performance of our services. In such cases, permission for the use of this information is restricted to the specified purpose.
13.3 The party responsible for the data processing is UniBikes IVS, Damhusdalen 75, 2610 Rødovre. The Renter can at all times and without any costs, obtain insight in his/her information and request changes to the information. The Renter can also, al all times, object to receiving information from UniBikes via e-mail, phone, mail and/or Whatsapp.
14. Applicable law. Disputes
14.1 The Subscription and the General Terms and Conditions are exclusively applicable under Danish law.
14.2 All disputes arising from or related to the Subscriptions will be exclusively submitted to the competent court of Glostrup.