per October 20th 2021

Terms and conditions

USER TERMS AND CONDITIONS

Effective date: October 2021

These are the user terms and conditions ("User Terms and Conditions") of Mobility Solutions and Services B.V. (hereinafter to be referred to as: "Hely"; "We"; "Us" or "Our"), a company located at Stationsplein 19A in (3818 LE) Amersfoort. Hely is listed at the Chamber of Commerce under number 71891463. 

By using or visiting Hely's mobile (or other) applications, websites or other services (hereinafter to be referred to jointly as: "the Service"), you thereby agree to be bound by these User Terms and Conditions. The Service is owned and managed by Hely. These User Terms and Conditions relate to your rights and obligations. If you do not wish to be bound by these User Terms and Conditions, do not use or visit the Service.

Briefly summarised, these matters are regulated in these User Terms and Conditions:

1. Applicability and definitions

    1. These User Terms and Conditions apply to any offer by Hely and to any agreement.

    2. Hely may modify and/or supplement these User Terms and Conditions at any time. Changes to the User Terms and Conditions will be announced beforehand. The most current version of the User Terms and Conditions can be accessed via the website and will be brought to the User’s attention via the application. If the User continues using the application after these User Terms and Conditions have been modified and/or supplemented, the User will thereby be indicating that he/she/it accepts the modified User Terms and Conditions. If the User does not agree to the modified User Terms and Conditions, the User may no longer use the Service. The User can terminate his/her/its Package through the Customer Service Department by mail, after which the User may no longer use the Service.

    3. In these User Terms and Conditions, the following terms, indicated each time with a capital letter, have the following meanings:

2. Basic conditions

    1. Hely reserves the right to modify or terminate the Service or access to the Service for any reason whatsoever, without prior notice, at any time and without being liable to the User.

    2. Hely reserves the right to deny access to the Service to any person at any desired time and for any reason whatsoever.

    3. The User agrees that he/she/it is responsible for any mobile data costs the User incurs in using the Service.

3. The Service

    1. By using the Service, Users can make a Reservation and/or Claim a Vehicle. Hely will ensure that the User’s Reservation and Claim are registered with the Partner selected by the User or with Hely itself.

    2. Upon completion of the Reservation and/or when the User has Claimed a Vehicle, an Agreement for using the Vehicle will be formed between the User and the Partner/Hely. The Partner's user terms and conditions may apply to this Vehicle Agreement. 

    3. Unless the User Claims a Vehicle from Hely, Hely merely plays an automated, facilitating role in creating a Reservation for a Partner Vehicle and will not be a party to the Vehicle Agreement.

4. Registration and Account

    1. Hely's Users must create an Account, to which the following minimum requirements will apply:

      1. the User is at least 18 years old; 

      2. the User demonstrably resides in the Netherlands;

      3. the User has had a valid Dutch driving licence for at least 1 year, or a validly issued driving licence from the European Union, Turkey, Iceland, Serbia, Ukraine, Canada or the United States of America;

      4. the User demonstrably has a current account at a bank in the Netherlands, or a credit card.

    2. If the User does not have a driving licence as described in article 4.1(c), it is possible to create a ‘BikeOnly’ Account. With this Account, Bikes, E-Bikes and Cargo Bikes can be rented. This Account requires an alternative registration process by which the User needs to utilise an online identification tool assigned by Hely, like iDIN. The User can only prove his/her/its identity by means of iDIN if he/she/it has a current account with a bank in the Netherlands. If the User does not have a driving licence as referred to in article 4.1(c) or a current account as referred to in article 4.1(d), that the User can contact Hely’s Customer Service department for manual registration.

    3. If the User’s driving licence is revoked or lost, that the User’s right to drive a Vehicle lapses with immediate effect, for as long as that licence is revoked or lost. The same applies to driving bans. Users are obliged to notify Hely immediately of any revocations or restrictions with respect to their right to drive, driving bans taking effect or temporary withdrawal or suspension of their driving licence.

    4. The User must at all times be available for contact with Hely in connection with a Reservation and the use of the Service and guarantees that the Account contains a valid and personal telephone number.

    5. The User must keep his/her/its Log-In Information strictly confidential and private. Hely is entitled to assume that anything occurring in or with the User's Account is done by the User or under the User's supervision and/or responsibility. The User agrees that he/she/it will not sell, transfer or lend out his/her/its Account, User name or other Account-related rights. It is prohibited to create an Account for a third party or to use a third party's Account.

    6. The User may not reverse-engineer Hely’s app. All User requests to Hely’s APIs must be made via Hely’s app.

    7. If the User believes or knows that his/her/its Account is being misused, the User must report this to Hely as soon as possible. Hely will take appropriate measures in that instance.

    8. The User declares that all the information he/she/it provides or provided when creating an Account is correct, accurate, complete and current, and the User agrees that he/she/it must update his/her/its own Account information to keep it correct and accurate.

    9. Hely may, at its discretion, determine whether an Account will be provided.

    10. Hely may modify or delete Accounts, profiles, data or other information at any time. 

    11. If Hely believes that the User is violating the law or these User Terms and Conditions, or suspects that there is a fraud risk, Hely may exclude the User from the Website or App (in whole or in part). Hely may, for example, exclude the User from the App by:

      1. deleting the User's Account; or

      2. blocking the User's access to areas of the Website or App.

5. Duration, Termination and Fees

    1. All Fees applied by Hely are inclusive of VAT.

    2. Hely's Packages are offered with or without a fixed monthly amount. The terms and conditions applicable to the Packages, such as the List of Fees, discounts and benefits, are published on the Website. The Fee for a Package will be collected each month by direct debit, in the first week of the following month. The User must have a sufficient balance on the bank account specified by him or her, such that Hely can collect the amount for the services periodically by means of direct debit or any other payment method specified by the User when registering. 

    3. If, in a current month, Hely is of the opinion that the outstanding Fees have become too high the User must make an interim payment at Hely's request. The User cannot make use of the Service until the interim payment has been made and processed by Hely.

    4. The Package period is at least one month, after which the Package will automatically be extended, by one month at a time.

    5. The Package may be terminated in writing, by regular or electronic mail, taking into account the notice period. If notice of termination is given within the first month of the Package, the Package will be terminated at the end of the first month. If notice of termination is given after the first month of the Package, the notice period will be one month.

    6. One year after the Agreement is entered into, any discount arrangements will automatically lapse. Any promotional terms and conditions that may apply to discount arrangements are published on the Website.

    7. If collection of a Fee fails or the Fee is otherwise not paid or not paid on time within the set 14-day payment term, the User will be in default by operation of law, without any notice of default being necessary. The User will then also owe Hely collection costs amounting to at least €40,-.

    8. Without prior consent of Hely, the User is not allowed to set off any Fee due against any claim the User may have on Hely. The User may not suspend his payment obligations without the prior consent of Hely.

    9. If the User is in default or fails to fulfil any of his/her/its obligations, all reasonable judicial and extrajudicial collection costs will be for the account of the User. In any case the User must pay the statutory extrajudicial costs of collection as described in the Decision compensation of extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten), or the relevant statutory equivalent.

    10. The actual judicial and execution costs, as well as any other reasonably necessary costs, will be for the account of the User, in addition to any compensation provided for by law.

    11. If the User is in default because, for example, Fees cannot be collected by Hely, Hely may close that User's Account or suspend other forms of service provision during that default.

    12. Hely may increase the Fees at any time. If the User does not agree to a Fee increase, the User has the right to terminate the Agreement.

    13. The Fee for Use is listed in the App. After the Use ends, Hely determines the Fee for the Use based on the List of Fees, the Vehicle used and the duration of the Use of the Vehicle.

    14. If the User objects to the calculation of the Fee for using a Vehicle, this must be indicated to Hely's Customer Service Department within 3 x 24 hours after the Use ends.

    15. Hely offers the option of a group Account, such as Hely For Business, by means of which the Fees incurred by multiple Users may be paid by one (legal) person. Within a group Account one User will have administrative privileges. This User will be responsible for adding or removing other Users to the group Account, and will be responsible and liable for the (payment) obligations of all Users within the group. 

6. Use of Vehicles

    1. The User may not use the Service for illegal or unauthorised purposes. The User agrees to any laws, rules or provisions applicable to his/her/its use of the Service.

    2. The Use of Vehicles for personal transport services as determined in the Transport services act 2000 ("Wet personenvervoer 2000") is not allowed. In addition, it is prohibited to use Vehicles for the purpose of performing a delivery or transport service, for cross-country drives, motor sport events, demonstrations, tests, parades or any form of racing.

    3. If the User wants to take a Vehicle abroad, he/she/it will need to obtain prior written consent from Hely’s Customer Service Department. If the User does not obtain such consent, Hely will be authorised to terminate the Reservation with immediate effect, to collect (or have a third party collect) the Vehicle abroad and repatriate it, and to charge the User for those repatriation costs as well as a fine in accordance with the costs and fines overview published on the Website. If this occurs, Hely will never be obliged to pay damages to the User or to any third party or company.Hely charge or petrol cards are only valid in the Netherlands; the User must pay for any charging and/or filling up abroad.

    4. The User uses a Vehicle in accordance with the manufacturer’s user manual, the standards of decency and observes the applicable traffic and parking rules. The User will treat the Vehicle with due care and will act as a responsible road user.

    5. Vehicles are opened and closed using the Hely App linked by the User. When in Use, the Vehicle must be locked by means of the key.

    6. If a Reservation is made for a specific time period, the User must bring the Vehicle back within this period. If the User does not return the Vehicle at the agreed time and location and does not end the Use in accordance with these User Terms and Conditions, the User will owe a fine as set out in the fines overview on the Website. If the User returns the Vehicle before the reserved end time of the journey, the Vehicle will become available for a new user. The entire reserved period will still be charged, however.Hely asks the User to refrain from reserving or using the Vehicle longer than necessary if the maximum daily fee has been reached, and to make the Vehicle available to a new User as soon as possible.

    7. The User must inspect the Vehicle visually before using it and, if there are defects, report them to Hely's Customer Service Department. If the User makes longer drives, he/she/it must regularly check the fluid levels and tyre pressure and, where required, replenish them.

    8. The User will secure the Vehicle against theft, in particular by closing the windows and turning on the central locking (if the Vehicle is a Car) or by locking it up and attaching the additional chain lock to a fixed object (if the Vehicle is a Bike).

    9. The User may only let another person (e.g. a friend or relative) drive the Car if that person also has an Account, is accompanied by the User in the Car, and Hely has been able to verify that person’s driving licence.

    10. If a warning light on the Car's dashboard lights up, the User will immediately pull over and contact Hely to discuss whether the journey can continue.

    11. Fines imposed on Hely by third parties, such as parking fines and tickets for traffic violations, will be paid by the User. Any costs which Hely must incur as a result of the User's conduct will be paid by the User, in accordance with the fines overview on the Website.

    12. The petrol card or charge card/tag for the Vehicle may only be used for the intended Vehicle. In the event of breach of this provision, Hely will report it to the police and charge costs and impose a fine on the User, in accordance with the fines overview on the Website.

    13. The User is fully liable for all damage suffered by Hely, Partners and/or third parties as a result of the User's failure to (fully) comply with its obligations. The User accepts responsibility as described in these User Terms and Conditions, as well as the obligation to fully cooperate with the handling of any damage. The User accepts the fines overview on the Website. All costs and penalties stated will be automatically collected from the bank account number known to Hely. When the User accepts the User Terms and Conditions he/she/it gives Hely permission to collect these amounts. 

    14. Hely cannot guarantee that the Vehicle will be free from defects at all times. If a Vehicle can no longer be driven/ridden due to a defect, Hely will not be liable for any costs the User has to incur as a result, such as costs for alternative transport.

    15. Hely endeavours to have the App function as well as possible, but cannot guarantee that the software will be completely safe and free from defects and errors. The App or telecom providers may also be (temporarily) unavailable due to a disruption, leading to the User being unable to lock the Vehicle. The User must then contact Hely’s Customer Service department as soon as possible and not leave the Vehicle unattended.

    16. The User may not copy or manipulate the Vehicle's key or lock, or read them out using IT methods. In the event of a breach of this provision, Hely may recover all costs and any damage arising from it from the User.

    17. The User may never drive/ride the Vehicle when under the influence of alcohol, drugs, medicine or other substances (such as laughing gas) that may affect his/her driving ability. A strict alcohol ban applies, i.e. a maximum blood-alcohol level of 0.0%. If the User acts in breach of this obligation, Hely will be entitled to charge costs and impose a fine on the User, in accordance with the fines overview on the Website.

    18. The User may not disable the passenger-seat airbag, unless this is necessary in order to transport children or babies that require a specific seating height / child seat. If the User disables the passenger-seat airbag, it must be enabled again upon termination of the Vehicle Agreement. If the User acts in breach of this obligation, Hely will be entitled to charge costs and impose a fine on the User, in accordance with the fines overview on the Website.

    19. The User must keep the Vehicle clean and should never leave any kind of waste inside the Vehicle. The Vehicle should not be used to transport highly flammable, toxic or otherwise dangerous substances or materials, in so far as the amount thereof significantly exceeds standard household amounts. The User may not smoke inside the Vehicle, or let passengers do so. The same applies to sexual acts. If the User acts in breach of this obligation, Hely will be entitled to charge costs and impose a fine on the User, in accordance with the fines overview on the Website.

    20. The User may not use the Vehicle to transport items or substances/materials whose nature, size, shape or weight affect driving safety or could damage the interior of the Vehicle. The User may not use the Vehicle to transport animals, unless the animal in question is in a locked cage that is safely stored in the boot of the Vehicle.

7. Accidents, damage, defects and repairs

    1. In the event of loss or theft of or damage to a Vehicle, the User must contact Hely's Customer Service Department as soon as possible, irrespective of whether it occurred before, during or after the Use and irrespective of whether the User caused it. In the event of theft, Hely will report it to the police and the User will be obliged to provide any assistance required in that respect.

    2. In the event of damage or an accident, the User is obliged to follow Hely's instructions and to stay with the Vehicle until breakdown assistance has arrived. Calling breakdown assistance without Hely's knowledge or consent will be at the risk and expense of the User.

    3. The User may not leave the location of the accident until:

  1. Hely and/or the police has collected all the required information about the accident;

  2. after consultation with Hely, measures have been taken to secure evidence, where applicable; and

  3. the Vehicle has been transferred to a towing company, or has been parked safely or moved by the User, after consultation with Hely.

  1. In the event of an accident, the User may not accept liability or issue a similar statement. If the User issues a statement accepting liability, such statement will only apply to the User. Hely will not be bound to this acceptance of liability or to any statements or promises.

  2. Irrespective of whether an accident that the User has to report to Hely was caused by the User or a third party, the User will be required to fill out a European Accident Statement  and return it to Hely within five (5) days. If Hely does not receive a written claim notice within this period, the accident will not be covered by the insurance. In that case, Hely reserves the right to charge all costs and damage related to the accident to the User, in particular costs and damage with respect to individuals, items and Vehicles.

  3. In the event of damage, only Hely may decide where a Vehicle will be repaired. The User will not repair or alter the Vehicle, or have a third party do so.

8. Insurance cover

    1. All Cars and E-Scooters have third-party insurance.

    2. The User's liability for damage to the Vehicle is limited on the basis of the following provisions: if the Vehicle is damaged while being used by the User, or if the User causes damage, the User will be liable for an excess (even if the User let a third party drive the Vehicle, as referred to in Article 6.9). The excess amount that applies depends on the Package the User has chosen; this is published on the Website.

    3. The limitations of liability apply if (i) the Vehicles were used in accordance with these User Terms and Conditions, and (ii) any damage was reported without undue delay and in accordance with these User Terms and Conditions.

    4. The limitations of liability do not apply in the event of:

  1. gross breaches of the obligations under the Agreement;

  2. failure to report accidents or damage;

  3. damage caused by intent or gross negligence; or

  4. mechanical damage to the Vehicle that was caused by faulty operation of the Vehicle by the User (e.g. damage to the engine due to filling it up with the wrong fuel).

  1. If the User acts in contravention of an obligation under these User Terms and Conditions and the insurer does not therefore have a payment obligation, the insurance cover referred to in article 8.1 will not apply.

9. Termination of the Vehicle Agreement

    1. After Use, the Vehicle must be returned to the Hely Hub and locked. If it is an electric Vehicle, the User must connect it to the charging station – if it is a Car, using a charging card or tag – and make sure that the Vehicle’s charging process has been initiated. If the Vehicle is a non-electric Car, it should be returned with the tank at least 1/3 full. If the tank is not 1/3 full, it should be filled up using the Car's petrol card.

    2. If the Vehicle is a Car, the User will ensure that the handbrake is on, all windows and doors are fully closed and all lights are off.

    3. The User must ensure that the Use has ended completely before leaving the Vehicle. If the User leaves the Vehicle without having ended the Use, the Vehicle Agreement will continue at the expense of the User.

    4. If the Use cannot be ended, the User must report this to Hely immediately and stay with the Vehicle until Hely has decided on the further course of action. Any additional costs that may be incurred will be reimbursed after Hely has checked them, provided that the User is not in default. The User is in default if, for instance, the Vehicle does not allow the Use to be ended because the petrol card, charging card/tag or keys (if applicable) are not inside the Vehicle and/or the doors have not been locked.

    5. In the event of an accident or a defect that renders the Vehicle inoperable, the Use will in any event end when the Vehicle is transferred to Hely or a third party engaged by Hely.

10. Third Parties

    1. To perform the Service, Hely utilises Partners' services, and any additional terms and conditions of these Partners apply to the use of the Service. 

    2. The Service, the App and the Website may include links to third parties' mobile (or other) applications, websites or functions. Hely does not monitor these third parties' web services or other content. The User expressly acknowledges and accepts that Hely is not in any way responsible or liable for such third-party services or functions. 

11. Intellectual property rights

    1. Any intellectual property rights to the App, such as intellectual property rights to the product summaries, the App itself or the Website, are fully vested in Hely or its licensors. Nothing in these User Terms and Conditions is intended to transfer any of Hely's intellectual property rights.

    2. Upon creating an Account, Hely will grant a limited, royalty-free, non-sub-licensable, non-transferable and non-exclusive right to use the App.

    3. Notices or statements regarding intellectual property rights may not be removed, made illegible, hidden or modified in any way whatsoever.

12. Limitation of liability

    1. In so far as legally permissible, Hely is not liable for damage ensuing from providing the App or from a breach in the performance of the Agreement. 

    2. If, despite the foregoing, Hely nevertheless turns out to be liable, Hely's liability will be limited to compensating direct damage up to, at most, an amount of €100,-. 

    3. Direct damage means: 

      1. material damage to objects;

      2. reasonable costs incurred to avoid or limit direct damage, which may be expected as a result of the event on which the liability is based;

      3. reasonable costs incurred to ascertain the cause of the damage.

    4. Hely is not responsible for the actions, content, information or data of third parties, and the User indemnifies Us and Our directors, officers, employees and agents against any claims or damage which may ensue in any way from a claim against such third parties.

    5. The User agrees that any claim he/she/it has and which ensues from the relationship with Hely must be submitted within one year after the claim arose, otherwise his/her/its claim against Hely will be time barred.

13. Privacy and security

    1. Hely respects the User's privacy. Hely handles and processes any personal data processed during the use of the Service in accordance with the General Data Protection Regulation (GDPR). 

    2. For more information about privacy, please refer to Our privacy policy on the Website www.hely.com/privacy. 

14. Miscellaneous

    1. If a provision in these User Terms and Conditions turns out to be invalid or non-binding, the User will still be bound by the other provisions in these User Terms and Conditions. Hely will replace the invalid or non-binding provisions with provisions which are binding and the purport of which is as far as possible the same as that of the provisions that are being replaced, taking into account the purpose of these User Terms and Conditions.

    2. Dutch law exclusively applies to Agreements, and any non-contractual obligations ensuing from them between Hely and the User to which these User Terms and Conditions pertain. 

    3. If the User is of the opinion that Hely is failing to provide the Service, the User may contact Hely’s Customer Service department. If the User and Hely fail to agree on a solution, the User may submit a written complaint to support@hely.com. Any disputes which arise between the User and Hely in connection with these User Terms and Conditions or Agreements ensuing from them will be settled in the first instance by the competent court of the Amsterdam District Court.

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