- We are a shared mobility platform for renting (electric) box bikes.
- If you have successfully registered with us as a User of the BAQME App, you will still need to make sure that you link a means of payment to your account and verify your identity. Once these steps are completed you can start riding our box bikes.
- Before you start your ride, always check carefully if the box bike is damaged and/or has other defects. This way you ensure a safe ride.
- During the ride you take care of the box bike using common sense and you are responsible for everything that happens with it. Also for fines and damages. You trust our services and we trust that you handle our products with care.
- Once your ride is over you return the box bike to your neighbourhood, lock the box bike as indicated and end the ride in the BAQME App. Together we prevent theft and vandalism of the box bikes in your neighbourhood and allow others to be able to use them.
- If something is not right, before, during or after the ride, please let us know so we can find a solution together to avoid problems in the future.
Last modified on: 1 October 2020
Article 1. Definitions
- Terms and Conditions: these terms and conditions.
- BAQME: trade of name of Baqme B.V., located at Hondecoeterstraat 7-2, 1071 LP Amsterdam and registered at the Netherlands Chamber of Commerce with no. 80046622, with the following website: https://www.baqme.com/.
- Services: use of the mobility sharing platform of BAQME for temporarily using shared vehicles and/or bikes which are available for the User to rent via the BAQME App.
- User: the natural or legal person who has entered into an Agreement with BAQME. The user must be at least 18 years of age or older.
- Shared Vehicle: all vehicles, including bikes and box bikes, whether with electric assistance or not, that are offered within the BAQME app to the User for renting.
- BAQME App: our mobile applications that provide the User access to the BAQME platform.
- Operating Area: geographic area indicated in the BAQME app which sets the geographic limits of where the Shared Vehicle can be rented and returned once the use of Services have ended. User will always receive a notification if she attempts to end the Services outside of the Operating Area.
- Agreement: the agreement between BAQME and User under which BAQME provides its Services tot he User, and of which the Terms and Conditions are inseparable.
Article 2. Applicability and Interpretation
- The Terms and Conditions shall apply to and be part of any (legal) act relating to the preparation and execution of the Agreement and Services. The Terms and Conditions also apply to all subsequent Agreements between User and BAQME, if User has accepted its legitimacy in a previous Agreement. With the voluntary registration in the BAQME App by the User, User acknowledges and accepts the applicability of the Terms and Conditions and privacy statement of BAQME.
- In the event that, in addition to these Terms and Conditions, other specific product, promotion or service conditions apply, those conditions also legitimately apply, however in the event of conflicting conditions, User may always rely on the most favourable condition to the User.
Article 3. Conclusion of the Agreement
- User will receive access to the BAQME App and our Services after downloading the BAQME app and successfully registering via the BAQME app, including completion of an identity verification process. In doing so, BAQME will request personal and payment details of the User in order to complete the registration process. An explanation of the handling and processing of this data is available in our privacy statement.
- After the registration process has been successfully completed, at the full discretion of BAQME, the Agreement between User and BAQME is concluded. User must comply with the conditions set by BAQME during the registration process in the BAQME App.
- If the User has accepted the offer electronically, BAQME immediately confirms the receipt of acceptance of the offer electronically. As long as the receipt of the acceptance has not been confirmed, User will have the option to terminate the Agreement.
- In any event, an offer is presumed to have been accepted if the Agreement is executed without contradiction.
Article 4. Execution of the Agreement
- Once the Agreement has been concluded, the User is free to make use of our Services.
- Via the BAQME App, User can reserve and/or rent the Shared Vehicle. The start of the rental period and/or reservation and subsequent end, will be shown in the BAQME App. BAQME has the right to refuse a reservation or rental in the event that no Shared Vehicle is available or when BAQME has reasonable grounds for the refusal.
- User is charged for reserving and/or renting the Shared Vehicle as indicated in the BAQME App and/or on the BAQME website.
- If User chooses to reserve the Shared Vehicle, the User must unlock the Shared Vehicle within the time frame indicated on the BAQME App and/or on the BAQME website. The rental period of the Shared Vehicle effectively begins once the Shared Vehicle has been unlocked. In the event that the User does not unlock the Shared Vehicle within the indicated time frame, the reservation is expired. BAQME will not be deemed liable in such an event.
- When the User wants to end the rental period of the Shared Vehicle, she is obliged to complete the following steps:
- first place the Shared Vehicle within the Operating Area.
- then physically lock the vehicle as indicated in the BAQME App, including using the lock chain to attach the Shared Vehicle to a fixed object.
- finally the User ends the rental period and our Services in the BAQME App.
- The rental of the Shared Vehicle and subsequently the offering of the Services end after the User has completed the aforementioned steps and after BAQME has confirmed the ending of the rental period and the Services in the BAQME App through a notification. The costs renting the Shared Vehicle and rendered Services continue until the User has completed the aforementioned steps.
- In order to promote shared mobility and to protect the User, the maximum rental period of the Shared Vehicle is set at 24 hours of continuous use. User is required to end the rental period and Services by following the aforementioned steps within this maximum time frame. BAQME may choose to set a limit on the maximum amount payable by the User to BAQME for the User’s own financial protection.
- User is required to do all that is reasonably necessary and desirable to enable the timely and adequate execution of the Agreement and associated Services. In particular, User shall ensure that information, which BAQME indicates as necessary or to which the User should reasonably understand is necessary for the conclusion and execution of the Agreement and Services, is provided to BAQME in a timely manner. User is required to notify BAQME immediately of changes to their personal and/or payment details through the BAQME app or via firstname.lastname@example.org.
- In the event of, and to the extent that, a proper execution of the Agreement and Services so requires, BAQME has the right to engage third parties in the conclusion and/or execution of the Agreement. The Terms and Conditions shall also apply to activities conducted by third parties under the Agreement. These third parties not authorized to act on behalf of BAQME.
- User is liable for the Shared Vehicle that she has rented. User shall before, during and after the rental period act as good family in her car of the Shared Vehicle. All Shared Vehicles have a maximum load capacity of 140kg.
Article 5. Duration and end of the Agreement
- User and BAQME enter into the Agreement indefinitely. During the duration of the Agreement, User may use the Services. The Services start and terminate at each rental period of the Shared Vehicle, where the Agreement is continuous.
- User can cancel the Agreement at any time with a notice period of one month. A settlement of outstanding payments will take place upon cancellation. The legal relationship between User and BAQME does not end until User has fulfilled all of its (financial) obligations towards BAQME. For the sake of completeness: the end of the Agreement does not entail that the User is dismissed from her outstanding payments to BAQME.
- BAQME, at its own discretion, may terminate the Agreement at any time without a notice period in the event the User repeatedly failed to comply with these Terms and Conditions.
- BAQME may suspend or terminate the Agreement at any moment without any liability towards any damages if:
- User has been declared bankrupt or included under the WSNP (Wet Schuldsanering Natuurlijke Personen).
- User has been granted suspension of payments.
- If BAQME believes that User has repeatedly failed to comply with the obligations under these Terms and Conditions.
- If the payment method, provided by the User and associated with this Agreement, is no longer valid, has expired, has repeatedly had insufficient balance, and/or is blocked.
- In the event that User shares her account with others.
- Obligations that are, by nature, to continue after the end of this Agreement, remain in force without any doubt even after the end of the Agreement and shall apply to User and/or its legal successors.
Article 6. Price and payments
- User pays BAQME the amount equivalent to the Services rendered and as stated in the BAQME App and/or the BAQME website. All prices that are listed by BAQME are in euros. BAQME has full discretion on price changes and is entitled to make these changes at any moment of its choosing, but will at all times inform the User in advance via the BAQME App and/or the BAQME website.
- All prices that are listed by BAQME include sales taxes (VAT) and other levies imposed by governments, unless stated otherwise.
- The costs associated with the Services rendered by the User are determined based on the start of the rental period of the Shared Vehicle and the total number of minutes that the rental period lasts. User is charged for the Services based on total usage.
- User has given BAQME permission to potentially collect outstanding payment obligations in respect of the Services and Agreement through a direct debit of the User’s bank account or her credit card (hereafter: “direct debit”). In the event of that the direct debit does not work for any reason, BAQME will make a second direct debit attempt. If the second attempt fails as well, Articles 6.6 and 6.7 shall apply.
- User also has the ability to purchase ride credit in Euros. The ride credit is a prepayment to the costs associated with the Services. The ride credit is shown is a credit balance in the BAQME App, under My wallet. The credit balance has a maximum balance of €125 and can only be used for payment of the costs associated with Services rendered as described in articles 6.2 and 6.3. The User cannot use the credit balance for any other means. Ride credit in Euros is also provided occasionally in the context of promotional activities. The same provisions apply when using the credit balance.
- The User has the right to be fully refunded the amount available on her credit balance if BAQME decides to terminate this Agreement. In the event that BAQME terminates this Agreement, as a result of gross negligence by the User or a failure to comply with her obligations as mentioned in article 7, there shall be no refund of the available credit balance. User may not ask for an interim refund of her available credit balance. Ride credit that has been obtained through promotional activities cannot be refunded.
- If a price is based on information provided by the User, which turn out to be incomplete or inaccurate, BAQME has the right to change the price, even after the Agreement has been concluded and Services provided. User has the right to terminate the Agreement within 30 days after these changes have been processed.
- In the event that the User does meet her payment obligations in a timely manner, she will be reminded by BAQME to do so and given notice period of 14 days after receipt of the reminder to meet her outstanding payment obligations.
- In the event of a late payment, User will be obligated to pay BAQME the amount due and in addition a statutory interest on that amount. User will be liable for all full reimbursement of all expenses made in relation to payment collection, including costs for lawyers, bailiffs and debt collection agencies. Is the User is a consumer, the collection fee mentioned in this article applies in the event of a late payment to the amount due and the statutory interest due after to 14-day period has expired, in accordance with the Wet Incasso Kosten.
- BAQME may inform itself, within legal boundaries, whether the User is able to fulfil its financial obligations, as well as any other factors that will help BAQME assess the responsible conclusion of the Agreement with the User. If, on the basis of this information gathering, BAQME has reasonable grounds not to enter into the Agreement, it shall be entitled to refuse an Agreement or to attach special conditions, such as prepayment or deposit, for the execution of the Agreement.
Article 7. User obligations
- User must check the Shared Vehicle for damages and/or other shortcomings that may inhibit a proper use of the Shared Vehicle before starting a rental period with that respective Shared Vehicle. In the event that the User finds damages and/or other shortcomings, User is obligated to immediately report that to BAQME before using the Shared Vehicle. If the User rents an electric Shared Vehicle, the User is obligated to check if there battery has been sufficiently charged. BAQME strives to always offer electric vehicles that are fully charged, however BAQME does not guarantee that the Shared Vehicle is able to reach the maximum distance as indicated in the BAQME App and/or on the BAQME website.
- The User always remains responsible for deciding whether the Shared Vehicle is suitable for use. In the event that the User decides to start using the Shared Vehicle without consulting with BAQME as it relates to circumstances mentioned in Article 7.1, the User accepts full responsibility as a result of using the Shared Vehicle. In that case, BAQME will not be liable for any direct or indirect damages.
- In case of any defects to the Shared Vehicle during the rental period, or in the event of theft or loss of the Shared Vehicle, User is obligated to immediately contact BAQME by calling our support line at 085 – 06 04 227. In case of theft of the Shared Vehicle during the rental period User will also notify the local authorities as soon as possible, but always within 24 hours, file a report and send a copy of that report to BAQME electronically by emailing email@example.com.
- In the event that User and BAQME disagree regarding the physical state of the Shared Vehicle during the rental period, or regarding theft or loss of the Shared Vehicle during the rental period, it is ultimately up to BAQME to determine a resolution based on reasonable grounds.
- After use of the Shared Vehicle, User is required to leave the vehicle in the condition it was when the rental period began. This includes, but not limited to, ensuring the Shared Vehicle is clean and no personal belongings have been left behind in the vehicle. BAQME asks User to apply generally accepted decency standards in doing so. In case the User does not leave the Shared Vehicle in the proper state, BAQME may decide to charge additional costs to the User. In case of repeated negligence, BAQME has the right to terminate the Agreement without notice, in which case BAQME will not be deemed liable for any damages as a result of the termination of the Agreement.
- The User is not allowed to make any (physical) changes to the Shared Vehicle.
- User is obligated to comply with local traffic rules and regulations that apply and act responsibly on the road while using the Shared Vehicle. Fines for violation of local laws and regulation such as unlawful parking, and any administrative costs associated, during the use of the Shared Vehicle are at the full expense of the User.
- The User is required to rent the Shared Vehicle solely for personal use. It is not allowed for the User to have the Shared Vehicle be used by others.
- If a Shared Vehicle can no longer be used by other Users as a result of (gross) negligence by the User, the User will be fully responsible for potential damages incurred.
- When parking the Shared Vehicle during the rental period, User must lock the Shared Vehicle as has been indicated to the User through the BAQME App and/or the BAQME website.
- For the sake of completeness, BAQME states that inspecting the Shared Vehicle by the User before and after the rental period is the sole responsibility of the User. If the User does not adequately inspect the Shared Vehicle, and if need be, BAQME has not been notified of any existing damages or malfunctioning, then BAQME will assume these issues have been caused by the User. Any costs associated with resolving those issues will be the at the expense of the User.
- In the event that the Shared Vehicle has not been properly locked, the rental period has not been ended by the User or the Shared Vehicle has not been returned to the Operating Area, then BAQME has the right to deem the User responsible for any damages as a result of theft or vandalism.
- Use of the Shared Vehicle is at the own risk of the User. The User is liable for all that happens while the Shared Vehicle is being rented.
Article 8. Processing of personal information
- BAQME processes personal information to conclude and execute the Agreement and Services. The way BAQME uses this information is explained in our privacy statement which can be found in the BAQME App, the BAQME website or by asking BAQME to share a copy electronically by sending us an email at firstname.lastname@example.org.
- BAQME reserves the right to unilaterally amend the privacy statement.
- The User provides personal information to BAQME and the BAQME App stores and processes this data.
Article 9. Liability
- BAQME has liability insurance against third parties as it relates to the Services through the BAQME App.
- BAQME is responsible to ensure the Shared Vehicle are ready for use on the road. BAQME complies with the maintenance requirements of the Shared Vehicle. These obligations do not relieve the User of its own obligations as mentioned under Article 7.1. Visible defects should be reported to BAQME prior to using the Shared Vehicle. The User should not use the Shared Vehicle in case of any doubt, as a result of User’s inspection of the Shared Vehicle, that the vehicle is unexpectedly not ready for use on the road.
- BAQME may choose to take out theft insurance with respect to the Shared Vehicles. The theft insurance is only applicable if the Shared Vehicle has been locked properly BAQME can check whether that is indeed the case. Theft as a result of not or improper locking of Shared Vehicle by the User will be at the expense and risk of the User.
- BAQME is not liable for the consequences of traffic violations or offences committed by the User during the rental period. User will pay all resulting fines, charges and additional costs and exempts BAQME from any claims by third parties.
- User is liable for any damage that she has caused to the Shared Vehicle. This applies to negligence during the rental period by the User with theft or loss of the vehicle as a result and/or conduct by the User that are in violation of the Agreement and these Terms and Conditions.
- Damages refer to all direct and indirect damages.
- User is fully liable for any damages and/or injuries to others or property while using the Shared Vehicle. User does not hold BAQME liable for any damages or claims by others.
- In the event that User acts in violation of one or more of her obligations mentioned in these Terms and Conditions, User must fully compensate BAQME for all damages caused to BAQME.
- BAQME will not fulfil any obligations under the Agreement or these Terms and Conditions if BAQME is prevented from complying as a result of force majeure.
- Force majeure shall also refer to, but not exclusively, equipment failures, malfunctions of business, equipment or software, general transportation problems and the like.
- The liability restrictions set out in the Agreement apply, except when damages can be related to deliberate recklessness by BAQME.
Article 10. Use of the BAQME App
- In order to rent and use a Shared Vehicle an Agreement must be concluded and the User must have successfully completed the registration process in the BAQME App.
- User must self-ensure safe use of the BAQME App. This implies that the User keeps her password to the BAQME App strictly secret and changes it regularly through the BAQME App, or at least when there is an indication that a third party may have gained access to the password.
- User is liable for all damages to the Shared Vehicle (physical damages, theft, loss, etc.) caused by the loss of User’s password to the BAQME App, unless this is not allowed under mandatory law.
- The BAQME App works on a mobile phone. BAQME cannot guarantee compatibility of the User’s mobile phone with the BAQME App. User must ensure her mobile phone is sufficiently charged for User to use the BAQME App before, during and after the Services. That is not the responsibility of BAQME. In that context, User acknowledges that the Services can only be used and ended with the BAQME App on the User’s mobile phone. User bears all costs of its provider regarding the use of the BAQME App on her mobile phone.
- User may not modify, copy or use the BAQME for purposes other than as mentioned in these Terms and Conditions. In case User uses the BAQME App for purposes other than mentioned in these Terms and Conditions or uses the BAQME App improperly, then User will be liable for all damages incurred by BAQME as a result.
- If the BAQME App does not work, or the use of the User’s account shows issues, then User should report this to BAQME as soon as possible, or at least within 24 hours. BAQME shall inform the User through e-mail regarding the actions taken to resolve the issues.
Article 11. Changes to the Terms and Conditions
- BAQME reserves the right to unilaterally amend or supplement these Terms and Conditions. Amendments shall also apply to Agreements already concluded, subject to a period of 30 days after publication of the amendment.
- Changes will be announced through https://www.baqme.com/, the BAQME App, per e-mail to User, or through a different communication channel where BAQME can prove that the User has received the announcement. Changes that are minor or non-substantive can always be made without any notification tot he User.
- If the User wishes not to accept any changes to these Terms and Conditions, the User may inform BAQME within 30 days after the announcement of the changes. BAQME may decide to reconsider implementing the changes. In the event of BAQME deciding not to withdraw the changes, the User may end the Agreement on the date of which the changes take effect.
Article 12. Final provisions
- Dutch law applies tot the Agreement.
- To the extent that mandatory law is not stipulated otherwise, all disputes that could arise as a result of the Agreement will be settled under the Dutch court in the district where BAQME is located.
- In these Terms and Conditions, “written” also means communication by e-mail and fax, provided that the identity of the sender and integrity of the e-mail can be reasonably established.
- If a provision in the Agreement or these Terms and Conditions is found to be inaccurate, that shall not affect the validity of the entire Agreement or these Terms and Conditions. BAQME will adopt a new provision as a replacement, which will narrate as much as legally is possible the purpose of the original provision.
- BAQME is entitled to transfer its rights and obligations arising from the Agreement to a third party that acquires BAQME or BAQME’s business activities.
For questions you can always contact us via the contact details below.
Baqme B.V. (BAQME)
1071 LP Amsterdam
Tel: 085 – 06 04 BAQ (085-2270604)