BAQME is a shared mobility platform for (electric) vehicles. Below are the Terms and Conditions that apply if you enter into an agreement with BAQME and use our services. We have summarized the key points of the terms and conditions below, however this does not replace the terms and conditions. They will continue to apply in its entirety.

Summary: 

  • We are a shared mobility platform for renting (electric) cargo bikes. 
  • Once you have successfully registered as a User in the BAQME App, you must ensure that you link a payment method to your account. 
  • Before you set off, carefully check whether the cargo bike is damaged or shows any other defects. This way, you can always travel safely. 
  • During the ride, you are responsible for the cargo bike and everything that happens to it, using common sense. If you encounter a problem with the bike, you must stop riding immediately and contact our customer service. You remain responsible for any fines and damages. We trust that you will handle the cargo bike well. 
  • After the ride, lock the cargo bike properly and end the ride as described in the BAQME App. This prevents theft in your neighborhood and allows your neighbors to use the cargo bikes easily. You should never leave the bike with an open lock. 
  • If anything is not right during or after the ride, report this to us. We can work together to find a solution to prevent issues next time. 

Last modified on: November 1, 2024 

Article 1. Definitions 

  1. General Terms and Conditions: these general terms and conditions. 
  1. BAQME: trade name of Baqme B.V. located at Bovendijk 132, 3045 PC Rotterdam, registered with the Chamber of Commerce under number 80046622, also found at https://www.baqme.com/. 
  1. Service or Services: the use of BAQME’s shared mobility platform for (electric) shared vehicles that Users can rent through the BAQME App for a specific period, regardless of the User’s location, including the use of these shared vehicles. 
  1. User: the natural person or legal entity who has entered into an Agreement with BAQME for the purpose of using shared vehicles. Users must be at least 18 years old. In the General Terms and Conditions, the User is referred to in feminine singular, which also means male or gender-neutral renters. 
  1. Shared Vehicle: all vehicles, including bicycles and cargo bikes, whether electric or not, offered for rent in the BAQME App. 
  1. BAQME App: our mobile applications that provide access to the BAQME platform. 
  1. Shared Area: a geographically defined area or location in the BAQME App where the Shared Vehicle can be rented and the rental can be terminated. Users always receive a notification when they attempt to terminate the rental of the Shared Vehicle outside the Shared Area. 
  1. Agreement: by creating an account through the BAQME App, an Agreement is established between the User and BAQME under which BAQME provides its Services to the User, and the General Terms and Conditions apply. 

Article 2. Applicability and Interpretation 

  1. The General Terms and Conditions apply to and are part of every (legal) act related to the preparation, establishment, or execution of the Agreement and the Service(s). The General Terms and Conditions also apply to all future Agreements between the User and BAQME, provided the User has accepted their validity in a previous Agreement with BAQME. By voluntarily registering in the BAQME App, the User accepts the applicability of the General Terms and Conditions and the privacy statement of BAQME. 
  1. In the event that specific product, action, or service conditions also apply alongside these General Terms and Conditions, those conditions also apply; however, the User may always invoke the applicable provision that is most favorable to them in the case of conflicting provisions. 

Article 3. Establishment of the Agreement 

  1. The User gains access to the BAQME App and BAQME’s Services after downloading the BAQME App and successfully registering through the BAQME App. BAQME will request certain personal and payment information from the User to complete the registration process. How BAQME handles this data is stated in BAQME’s current privacy statement. 
  1. After successful registration, including linking the payment system by the User in the BAQME App, the Agreement between the User and BAQME is established, and the User agrees to the General Terms and Conditions. The User must comply with the conditions set by BAQME during the registration process in the BAQME App. 

Article 4. Execution of the Agreement 

  1. Once the Agreement has been established, the User can make use of the Services. The Agreement is personal, and the User is not permitted to share their account with third parties. 
  1. The User can only reserve the Shared Vehicle for rent through the BAQME App. The User must exclusively scan a QR code attached to the bike through the BAQME App and not through another application to ensure that they are reserving the bike via the correct BAQME page. The reservation, rental, and end of rental are confirmed in the BAQME App. BAQME has the right to refuse a reservation or rental if no Shared Vehicle is available or if BAQME can reasonably demonstrate why it refuses the use. 
  1. Costs will be charged for reserving and renting the Shared Vehicle, as indicated within the BAQME App and/or on the BAQME website. 
  1. Before starting the ride, the User goes through the instructions displayed in the BAQME App. This includes checking the battery level on the bike computer. The User agrees to the battery level by starting the ride. BAQME is not obliged to refund the ride costs if these instructions are not correctly followed or if the battery level proves insufficient for the intended use. 
  1. After reserving the Shared Vehicle, a time frame will be indicated in the BAQME App within which the lock of the Shared Vehicle must be opened by the User. The rental of the Shared Vehicle actually starts when the lock is opened. If the User does not pick up the Shared Vehicle within the indicated time frame, the reservation is canceled. BAQME is not liable for this. 
  1. If the User wishes to terminate the rental of the Shared Vehicle, they are required to follow these steps: i) first, the Shared Vehicle must be placed within the Shared Area indicated in the BAQME App, and ii) then the User must end the Service in the BAQME App so that the Shared Vehicle is physically locked. The User must check that the Shared Vehicle is actually locked. If a chain lock is present on the Shared Vehicle, it must be secured to a fixed object, such as a bike rack. 
  1. The rental of the Shared Vehicle, and thus the Service, ends after the User has completed the aforementioned steps and after the BAQME App has confirmed the termination of the rental of the Shared Vehicle and thus the termination of the Service via a message or notification in the BAQME App. The costs for the rental of the Shared Vehicle and thus the Service continue until the moment of the aforementioned notification. 
  1. To promote the concept of shared mobility, the User is only allowed to rent or use the Shared Vehicle for a maximum of 24 consecutive hours. The User is required to terminate the rental of the Shared Vehicle within the maximum time duration. BAQME may choose to set a limit on the rental costs of the Shared Vehicle. 
  1. The User is obliged to do and refrain from anything reasonably necessary and desirable to enable timely and correct execution of the Agreement and the associated Services. In particular, the User must ensure that all data, which BAQME indicates as necessary or which the User reasonably should understand to be necessary for executing the Agreement and Services, is provided to BAQME in a timely manner. The User is required to timely update any changes to their personal and/or payment details within the BAQME App or inform BAQME via support@baqme.com. 
  1. If and to the extent that good execution of the Agreement or Service requires it, BAQME has the right to engage third parties in the execution of the Agreement. The General Terms and Conditions also apply to the work performed by third parties in the context of the Agreement. These third parties are not authorized to act on behalf of BAQME. 
  1. The User is liable for the rented Shared Vehicle during the Service. The User will take care of the Shared Vehicle as a good custodian before, during, and after the ride. 
  1. The cargo bikes have a maximum load of 140 kg. The User is not allowed to exceed the maximum load. In addition to the User, a maximum of 1 person aged 12 or older may accompany the User on the Shared Vehicle, provided the maximum load is not exceeded. 

Article 5. Duration and Termination of the Agreement 

  1. The User and BAQME enter into the Agreement for an indefinite period. During the duration of the Agreement, the User can make use of the Services. The Services are initiated and concluded each time the Shared Vehicle is rented, while the Agreement continues. 
  1. Both the User and BAQME may terminate the Agreement at any time with a notice period of one month. However, the legal relationship between the User and BAQME only ends definitively after the User has fulfilled all their financial obligations towards BAQME. For completeness: the end of the Agreement does not mean that the User is released from their payment obligations towards BAQME. 
  1. BAQME may also terminate the Agreement at any time without observing a notice period and without being liable for damages if: 
  1. the User has been declared bankrupt or included in the Dutch WSNP; 
  1. the User has been granted a suspension of payment; 
  1. the payment method linked to the Agreement is no longer valid, has expired, has insufficient balance (repeatedly), or is blocked; 
  1. the User shares their account with third parties; 
  1. BAQME determines that the User does not use the Shared Vehicle safely or in accordance with traffic regulations; 
  1. the User, in BAQME’s opinion, does not comply with the (other) obligations under these General Terms and Conditions. 
  1. Obligations that are intended to continue even after the end of the Agreement remain in full force and effect and apply to the User and their legal successors. 

Article 6. Price and Payment 

  1. The User pays BAQME the amount as stated in the BAQME App. All prices stated by BAQME are in euros. BAQME is entitled to adjust prices and notify this via the BAQME App. The User can view the current prices through the BAQME App. In the event of a price change, BAQME is not obliged to notify the User of this price change in advance. 
  1. All prices stated by BAQME are inclusive of value-added tax (VAT) and other levies imposed by the government, unless otherwise stated. 
  1. The costs of the Service for the User are determined based on the start time of the rental of the Shared Vehicle and the total number of minutes that the rental lasts as well additional costs for starting a ride or reserving a Shared Vehicle. Based on the total usage, it will be settled with the User’s credit balance or deducted directly if payment details are stored. 
  1. The User must pay the costs for BAQME’s Services in advance by transferring a sum of money using the BAQME App. The User’s balance is indicated as credit balance in the BAQME App, under “My Wallet.” The User must deposit a minimum balance. This balance can only be used to pay for the costs of the Services. The User cannot use the balance for other purposes. BAQME may provide additional credit (bonus credit) as part of promotional activities. 
  1. The User does not earn interest on the balance in the Wallet. 
  1. The use of Services by the User, as well as damages and fines caused by the User, will be automatically settled with the prepaid balance in the Wallet. 
  1. BAQME advises the User to carefully assess what balance is appropriate for replenishing the Wallet. Balance in the Wallet expires two years after the last deposit and can no longer be used thereafter. Within six months after the expiration date, the User can request BAQME to refund the expired balance by returning the amount via the originally used payment method. After this period, the User’s right to reimbursement of the balance expires. 
  1. Unused bonus credit also expires two years after the User received the bonus credit. Any bonus credits obtained through BAQME’s promotional activities will never be paid out. 
  1. If the User wishes to have credit from their Wallet transferred to their bank account at any time, they must send an email to support@baqme.com. 
  1. For payment and reimbursement of (expired) Wallet credit, BAQME charges administrative fees, which will be deducted from the amount to be paid out. Payment of the remaining amount will take place within three months after the request. 
  1. If the User does not comply with their obligations under these General Terms and Conditions, BAQME has the right to terminate the Agreement without refunding the User’s credit. 
  1. The credit and the right to payout of the credit in the Wallet expire when BAQME terminates the (Wallet) Services, provided BAQME has informed the User at least 12 months in advance. 
  1. If a price for the Service is based on data provided by the User and this data proves to be incorrect, BAQME has the right to adjust the price accordingly, even after the Agreement has already been established and the Service has been terminated. 
  1. If the User does not timely comply with their payment obligations, BAQME will remind the User of the late payment through a payment reminder, in which the User is given a period of 14 days after receipt of this payment reminder to fulfill their payment obligation. 
  1. If payment is subsequently not made, the User, in addition to the amount owed and the legal interest due thereon, is obliged to compensate both extrajudicial and judicial (collection) costs in accordance with the law. 
  1. BAQME has the right, within legal limits, to investigate whether the User can meet their payment obligations, as well as to examine all facts and factors relevant to responsibly entering into the Agreement. If BAQME has good reasons based on this investigation not to enter into the Agreement, it is entitled to refuse this reasoned or to attach special conditions to the execution of the Agreement, such as advance payment. 

Article 7. User Obligations and Use of the Shared Vehicle 

  1. The User must check the Shared Vehicle for damage and/or other conditions before use. If the User finds damage and/or other conditions on the Shared Vehicle, they are obliged to report this immediately and before use to BAQME. If the User finds damage that makes the Shared Vehicle (potentially) unfit for traffic, the User is not permitted to use the Shared Vehicle. If the User encounters damage and/or other conditions during use that make the Shared Vehicle (potentially) unfit for traffic (for example, if the brakes of the Shared Vehicle lack sufficient braking power), they must immediately cease use and inform BAQME. If the User is in doubt, they must consult BAQME at all times. If the User rents an electric Shared Vehicle, they are obliged to check that the battery is sufficiently charged for the intended use. BAQME aims to always provide a fully or sufficiently charged electric shared vehicle, but cannot guarantee the range of the Shared Vehicle due to use by third parties. 
  1. It is up to the User to determine whether the Shared Vehicle is suitable for use. If the User decides to start and/or continue using the Shared Vehicle without consulting BAQME about the circumstances mentioned in paragraph 1 of this article, the User is liable for the consequences of this use of the Shared Vehicle. In that case, BAQME is not liable for any direct or indirect damage and any consequences thereof. 
  1. The User is obliged to use the Shared Vehicle safely and carefully, observe the applicable traffic rules and legislation, and behave as a responsible road user. Additionally, the User is not allowed to reach speeds of more than 25 km/h with the Shared Vehicle. 
  1. Fines and administrative costs resulting from violations of laws and regulations by the User during the Service, such as improper parking, are at the User’s expense and risk. 
  1. Use of the Shared Vehicle is at the User’s own risk. The User is liable for everything – including damage to the Shared Vehicle, third-party properties, and personal damage – that occurs during the rental of the Shared Vehicle. 
  1. Defects or damage to the Shared Vehicle, or theft or loss of the Shared Vehicle, must be reported immediately to BAQME by calling the support service or emailing support@baqme.com or calling 085 – 06 04 227. In the case of theft during the rental of the Shared Vehicle, the User must also report this to the police as soon as possible, but always within 24 hours, and provide a copy of the report to BAQME by sending an email to support@baqme.com. 
  1. If the User and BAQME disagree about a defect in the Shared Vehicle during the rental period, or about loss or theft of the Shared Vehicle during that period, it is up to BAQME to make a final decision based on reasonable grounds. 
  1. The User is obliged to leave the Shared Vehicle in a tidy state after use and must adhere to the applicable standards of decency. If it turns out that the Shared Vehicle has not been properly left, the resulting costs may be charged to the User. In case of repeated negligence, BAQME reserves the right to terminate the Agreement immediately without notice. This does not lead to any liability for damages on the part of BAQME. 
  1. The User is not allowed to make (physical) modifications to the Shared Vehicle. 
  1. The User is required to personally use the Shared Vehicle during the Service. It is not permitted for the User to allow a third party to use the Shared Vehicle. 
  1. If a Shared Vehicle cannot be used for rental to another user due to intentional or (gross) negligence by the User, the User is responsible and liable for the (consequential) damages. 
  1. When temporarily parking the Shared Vehicle, the User must lock the Shared Vehicle, as explained to the User through communication via the BAQME website and within the BAQME App. 
  1. For completeness, BAQME states that the inspection of visible defects in the Shared Vehicle by the User before and after the Services is the User’s responsibility. If it is not inspected correctly and if necessary, a report is not made to BAQME, any deficiencies will be deemed to be caused by the User. These will then be the User’s responsibility. 
  1. When the Shared Vehicle is not properly locked, the rental of the Shared Vehicle is not terminated by the User, and/or the Shared Vehicle is not left within the Shared Area, BAQME can hold the User responsible for any damage due to vandalism or theft as a result of this. 

Article 8. Data Processing 

  1. BAQME processes personal data when offering and executing the Agreement and its Services. The current privacy statement is available in the BAQME App, on the BAQME website, or can be requested from BAQME by submitting a request via email to support@baqme.com. 
  1. BAQME reserves the right to unilaterally amend the privacy statement. 
  1. The User provides personal data to BAQME, and the BAQME App stores and processes this personal data. 

Article 9. Liability 

  1. BAQME regularly checks whether each Shared Vehicle is roadworthy. BAQME thus fulfills its maintenance obligations regarding the Shared Vehicle. However, BAQME cannot exclude that third parties may cause damage to its vehicles. Therefore, the User has the obligation as mentioned in Article 7, paragraphs 1 and 2. Visible defects must be reported to BAQME before using the Shared Vehicle, and the User must not take the Shared Vehicle into use if their inspection shows that the Shared Vehicle is unexpectedly not roadworthy. 
  1. BAQME may choose to take out theft insurance for the Shared Vehicle. This theft insurance only applies if the Shared Vehicle is properly locked. BAQME can check whether this was the case via the lock. Theft of the Shared Vehicle due to the User not locking the Shared Vehicle is at the User’s expense and risk. 
  1. BAQME is not liable for the consequences of traffic violations or offenses committed with the Shared Vehicle by the User, or that were committed during the period that the User was responsible for the Shared Vehicle. The User pays all resulting fines, levies, and costs and fully indemnifies BAQME against any claims from third parties. 
  1. The User is liable for all damage they have caused to or by the Shared Vehicle. This applies in cases of negligence during the rental of the Shared Vehicle with loss or theft of the Shared Vehicle as a result, and/or in case of actions by the User that are contrary to the Agreement and/or these General Terms and Conditions. 
  1. Damage is understood to mean all direct and indirect damage. 
  1. The User is fully liable for (consequential) damage and/or injury to the User or third parties, or to the property of the User or third parties caused during the rental with the Shared Vehicle. The User indemnifies BAQME for any consequential damage and claims from third parties resulting from such damage and/or injury. 
  1. If the User acts contrary to one or more of their obligations arising from these General Terms and Conditions, the User must fully compensate BAQME for any resulting damage. 
  1. BAQME cannot be held to comply with any obligation from the Agreement or Service if BAQME is prevented from doing so due to force majeure. BAQME is not liable for any damage resulting from force majeure. 
  1. Force majeure is also understood to mean, but not exclusively, equipment malfunctions, defects in items, equipment or software, general transportation issues, and such. 
  1. The liability limitations from this Agreement apply unless and to the extent that the damage is the result of intent or willful recklessness on the part of BAQME. 

Article 10. Use of the BAQME App 

  1. To use a Shared Vehicle, an Agreement must have been established and a successful registration must have been completed in the BAQME App. 
  1. The User must ensure that they use the BAQME App safely. This means that the User keeps their password for using the BAQME App strictly confidential and changes it regularly, in any case if there are reasons to do so because a third party has discovered the User’s password. 
  1. The User is liable for all damage (damage, loss, theft, etc.) caused by the loss of their password for the BAQME App, unless this cannot be done based on mandatory law. 
  1. The BAQME App works on a mobile phone. BAQME cannot guarantee whether the User’s mobile phone is compatible with the BAQME App. The User must ensure that their phone is sufficiently charged to use the BAQME App both before, during, and after the Service. In this context, BAQME points out to the User that the Service can only be used and terminated via the BAQME App on the User’s mobile phone. BAQME is not responsible and not obliged to reimburse any costs or damages due to an insufficiently charged phone. The User bears the costs of their provider concerning the use of the BAQME App on their mobile phone. 
  1. The User may not modify, copy, or otherwise use the BAQME App differently from the intended use as described in these General Terms and Conditions. If the User uses the BAQME App other than for the intended use or uses the BAQME App unlawfully, the User is liable for all damages suffered by BAQME as a result. 
  1. If the BAQME App is not working or if the User’s account shows irregularities, the User must report this as soon as possible, within 24 hours, to BAQME. The User will be informed via email about the measures to be taken or that have been taken. 

Article 11. Right of Withdrawal 

  1. The User has the right, according to the applicable standard regarding consumer and user rights, to withdraw from the agreement concluded with BAQME within fourteen (14) calendar days after the registration date without having to state the reason for withdrawal. To exercise the right of withdrawal, the User must explicitly notify BAQME by sending an email to support@baqme.com before the aforementioned period expires. BAQME may then request verification of the User’s identity to ensure that the correct Agreement and account are terminated. 
  1. If the Service has not yet started before the withdrawal period has expired, the full amount paid will be refunded to the User. If the User has already (multiple times) used the Services before the withdrawal period has expired, BAQME will refund the amounts paid to the User, except (i) the amounts spent on the Service(s) and (ii) the amount of costs, fines, and damages arising from the use of the Service(s). The administration costs will also be charged. In other words: the remaining Wallet credit minus the previously mentioned amounts will then be paid out. 

Article 12. Amendment of General Terms and Conditions 

  1. BAQME reserves the right to unilaterally change or supplement these General Terms and Conditions. Changes also apply to already concluded Agreements with a notice period of 30 days after the announcement of the change. 
  1. Changes are announced via https://www.baqme.com/, the BAQME App, via email to the User, and/or through another channel with which BAQME can send the notification to the User. Non-material changes of minor importance can be implemented at any time and do not require notification. 
  1. The User agrees to the (new) general terms if they accept them or after notification and after the entry into force of the general terms, uses or continues to use BAQME’s services. 

Article 13. Final Provisions 

  1. Dutch law applies to the Agreement and the General Terms and Conditions. 
  1. To the extent that mandatory law does not prescribe otherwise, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where BAQME is located. 
  1. If a provision in the Agreement or General Terms and Conditions is found to be invalid or voidable, this does not affect the validity of the entire Agreement or General Terms and Conditions. In that case, BAQME will establish one or more new provisions that, as much as legally possible, reflect the intent of the original provision. 
  1. BAQME is entitled to transfer its rights and obligations arising from the Agreement to a third party that takes over BAQME or the business activities of BAQME. 

For questions, you can always contact BAQME via the contact details below. 

Baqme B.V. (BAQME)  

Bovendijk 132  
3045 PC Rotterdam  
Nederland  

E-mail: support@baqme.com  
Telephone: 085 – 06 04 227  

Additional costs  

BAQME assumes that the User complies with the General Terms and Conditions and rules. The User does not need to worry about BAQME charging additional costs in that case. However, if the rules are not followed properly, BAQME may charge additional costs or damages, as mentioned below. 

Reason  Costs  
Administrative and transaction fees for refunding credit balance €3  
Administrative costs (for example, in case of fines, third-party costs, chargebacks, reminders) €7  
Administrative costs for a criminal offense / special situation Maximum €55  
Costs for incorrect parking, ending the ride, or the bike not fully in view when taking a photo to end the ride Maximum €55  
Cleaning the vehicle after blameworthy behavior Maximum €55  
Not checking the Shared Vehicle for defects and/or damage before use Maximum €55  
Passing on third-party costs, fines, and damage to the vehicle Equal to invoice from third parties 
Using the Shared Vehicle under the influence of drugs and/or alcohol €250  
Allowing a third party to drive the vehicle €250  
Deductible in case of damage or theft due to negligence €2,500