Appendices Cover Agreement

APPENDIX A: SERVICE CONDITIONS

ARTICLE 1 – ROB SERVICE PACKAGE

1.1 When concluding the rental contract, the lessee is obliged to choose a repair, maintenance and tyre service package for the LO. Regarding this "service package" the renter can choose from one of the following three options:


1.2 Basic ROB service package: service costs related to repair, maintenance and/or tyre service are reimbursed up to an amount of EUR 85.00 gross (excluding VAT) per year. Service costs in excess of this amount are borne by the lessee. The renter can only choose the Basic ROB Service Package if the rental contract concerns a city bike.


1.3 Standard ROB service package: service costs related to repair, maintenance and/or tyre service are reimbursed up to an amount of 125.00 euro gross (excluding VAT) per year. Service costs in excess of this amount shall be borne by the tenant. If the rental contract concerns an E-bike - i.e. a bicycle that can be driven both by electricity and by pedals and that is further described under the road code ("E-bike") - at least the Standard ROB Service Package is required.


1.4 Premium ROB Service Package: all service costs related to repair, maintenance and/or tyre service will be reimbursed.


1.5 Speed-pedelec ROB service package: service costs related to repair, maintenance and/or tyre service are reimbursed up to 300 euros gross (excluding VAT) per year. The speed-pedelec ROB service package is included as standard in the interest rate when you choose a speed-pedelec. The basic, standard and premium ROB service packages are not applicable when taking a speed-pedelec into lease. Any service costs exceeding this amount shall be borne by the Renter.


1.6 All ROB service packages include repairs, annual maintenance and / or service work that is caused by wear and tear and that affects the safety or proper functioning of the LO. Service requests made in the last 6 months of the Interest Rate Contract are reviewed by LAB and are only honoured if the service request is necessary for the safety or good functioning of the LO. If LAB is of the opinion that there is no necessity as meant in the preceding sentence (to be determined in LAB's sole discretion), the service request can be refused by LAB.



ARTICLE 2 – EXCEEDANCE OF ROB SERVICE PACKAGE

2.1 Where in this article 2 "Lessee" is mentioned, this also refers to the user to whom the Lessee has made the LO available.


2.2 Before starting to execute a service request, the renter shall inform the supplier that the LO is property of Grenke, is part of LAB, and that the supplier is in principle not allowed to charge the renter for the costs, except as provided for under article 2.4 or 2.5 below.


2.3 In case the supplier is asked by the tenant to perform service work - under the ROB service package - with respect to the LO, the supplier shall check the outstanding budget with LAB before starting his work.


2.4 In case the supplier is informed by LAB that the cost of certain service work is (partly or entirely) outside the scope of the applicable ROB Service Package, the supplier shall, within 7 days, give notice thereof to the tenant. The Renter must agree in writing (e.g. by e-mail) that he will be charged for these services (in full or in part) and that he will pay the corresponding invoice from the Supplier. If the tenant is not willing to do so, the supplier is not entitled to carry out the service work.


2.5 If - upon enquiry by the supplier to LAB - it appears that the costs of carrying out the intended service work fall outside the applicable ROB service package or lead to an overrun of the annual maximum budget, the costs of such service work shall be for the account of the Lessee (wholly or partly). The renter shall then have to pay the related invoice from the supplier.


2.6 If the Tenant has the service activities or repairs that fall outside the chosen ROB service package carried out by a service provider who is not registered with LAB, the service provider concerned must meet reasonable requirements of competence. Such work shall then be at the risk and expense of the Renter.



ARTICLE 3 – OTHER SERVICE CONDITIONS FOR REGULAR MAINTENANCE AND NOT FOR DAMAGE

3.1 Repairs which are necessary as a result of an event or damage as referred to in the Conditions of Damage Protection shall be assessed and settled in accordance with the Conditions of Damage Protection and the relevant provisions of the General Terms and Conditions of Interest and are not part of the service packages.


3.2 Replacement of tyres due to normal wear and tear is free of charge for the Renter, provided the ROB service package has not been exceeded. The costs of replacing tyres are charged to the renter if there is a question of inexpert use of the LO or excessive wear and tear, for example by structurally low tyre pressure.


3.3 Replacement transport (rental bike) to bridge the period in which the Renter cannot dispose of the LO because of maintenance, repairs and replacement of tyres is not covered by the rental agreement in the case of regular maintenance and service. The costs of replacement transport are for the account of the Renter.


3.4 The rental company is not liable for damage that has occurred or is possibly related to the way in which maintenance or repair work has been carried out. The renter cannot derive any rights of suspension in respect of the payment obligations towards Grenke.


3.5 All costs related to maintenance, repairs and replacement of tyres, which are not covered by the renting contract, are at the expense of the renter and can be charged to the renter. 

APPENDIX B: DAMAGE PROTECTION CONDITIONS

The term "renter" in these Terms and Conditions of Damage Protection means not only the renter, but also the user to whom the renter has made the LO available.



ARTICLE 1 – Damage protection includes:

1.1 External damage such as:

  • (Collision) damage to the LO;
  • Damage to the LO caused accidentally by the renter;
  • Damage while the LO was parked (such as vandalism);
  • Damage in the form of theft or loss of the LO;
  • Damage to the LO (if the LO is found and recovered after theft).

 

ARTICLE 2 – IN CASE OF DAMAGE TO THE LO, THE FOLLOWING APPLIES

2.1 The renter must limit the damage as much as possible and bring the LO to the supplier as soon as possible. For this, the renter can go to the supplier who delivered the LO or to one of the participating Lease A Bike (LAB) suppliers (see www.lease-a-bike.be/en). The LAB-supplier repairs the damage and the repayment costs are paid directly to the supplier. The supplier is responsible for an itemised repair bill.


2.2 If not covered by Roadside Assistance (see Appendix C), the renter has, up to an amount of 200.00 euro per year:

  • right to reimbursement of costs for the transport as a result of an insured damage, in case of loss of operational reliability of the LO after an accident, technical defect or theft up to a maximum of 100.00 euro;
  • right to reimbursement of rental bike costs from the 2nd day up to 20.00 euro per day and up to 100.00 euro per claim. The supplier will add the cost of the rental bike to the repair bill.


2.3 If the repair costs exceed the insured amount minus the residual value, this is considered a total loss. In that case, no repairs will be made, but a new LO will be delivered. This new LO may not be more expensive than the original LO.


2.4 Accessories that are included in the lease contract and that are attached to the LO, are also covered by damage protection.

 


ARTICLE 3 – DAMAGE PROTECTION DOES NOT INCLUDE:

  • Damages that are covered by the manufacturer's warranty, including recalls and serial damage.
  • Accessories such as tools, spare parts, repair kits, drinking bottles and bicycle pumps that are not included in the renting contract and are separately connected to the LO.
  • Other parts mounted afterwards on the LO.
  • Damages caused by participation in cycle races and events with time measurement, where the aim is to reach the highest possible speed.
  • Damages caused deliberately by the renter.
  • Embezzlement.
  • Maintenance and inspection costs.
  • Damages because the driver of the LO was under the influence of alcohol, drugs or medicines to such an extent that driving is forbidden by law, or if the driver refuses to co-operate with an investigation into this.
  • Damages as a result of manipulation / modification of the drive system or safety system by conversion, installation or subsequent additions.
  • Damage caused by failure to comply with service, maintenance and repair instructions;
  • Wear and tear and gradually affecting weather conditions (such as scratches or damage to paintwork).
  • Damage to tyres, mudguards, chain guard, cable, bell, lights and damage caused by scratches and scrapes. This is compensated if at the same time there is damage to the rest of the LO.
  • Damage to the battery, while the battery is still working or damage to the battery as a result of a charging device other than that permitted by the manufacturer.
  • Damage due to normal use (i.e. traces of use and normal wear and tear).
  • Damage to parts and accessories that are not part of the lease contract and upholstery.
  • Damages ascertained at the time of the return of the LO.
  • Damage caused by war, riot or insurrection, terrorism, nuclear energy or radiation.

 


ARTICLE 4 – IN CASE OF THEFT AND LOSS:

4.1 The renter must take the original police report (stating the frame number of the LO) and the two original lock keys to the supplier.


4.2 The supplier checks all documents and contacts LAB. LAB takes care of the damage settlement.


4.3 The supplier helps the renter with the further settlement.


4.4 LAB settles the damage directly with the supplier after LAB has received all necessary documents.


4.5 If the stolen/lost LO is found afterwards, the renter contacts LAB as the owner of the LO remains.

 


ARTICLE 5 – DAMAGE PROTECTION DOES NOT APPLY:

5.1 If the LO was not locked or if the original keys cannot be given to LAB. At least 1 key must have traces of use.


5.2 If the LO is not equipped with an ART* (category 2 or higher for bikes and E-bikes, category 3 or higher for Speed Pedelecs) approved lock.


5.3 For bicycles without a fixed lock, such as All Terrain Bikes ("ATB") and racing bicycles that are not secured with an ART-approved cable lock to an immovable object, such as a fixed bicycle rack, tree or other object anchored to the ground.


5.4 With regard to freely accessible batteries, accessories or electronic controls, unless these are also secured or personally kept.


5.5 Theft of an ATB or road bike left visible in a motor vehicle with no signs of forced entry to the motor vehicle, or left on a bicycle or roof rack.



ARTICLE 6 – OTHER

6.1 The damage protection is only applicable if the renter of the LO is sufficiently careful. The renter must have done his best to prevent theft, loss, misplacement or damage. This is a tricky subject, because it often depends on the specific situation. The starting point is whether the lessee of the LO could reasonably have taken better measures to prevent damage. If that is the case, the damage is not covered by the damage protection.


6.2 Examples are:

  • If the LO is unattended and not locked;
  • if the keys are left unattended in clothing, bag or wardrobe;
  • If, when keys are lost, replacement keys are made and LAB is not notified.


6.3 If the damage is not covered by the damage protection according to these Damage Protection Terms, the Renter has to pay the damage to the LO himself.


6.4 In case of a damage case, the lessee may be required to transfer any claims under other insurances to Grenke. 

ANNEX C: BREAKDOWN TERMS

ARTICLE 1 – Grenke has sub-contracted the provision of breakdown services under the rental agreement to LAB. The services included therein are hereinafter referred to as "Roadside Assistance". In these Breakdown Assistance Terms, "User" means the actual user to whom the Renter has made the LO available. The breakdown assistance is subcontracted to VAB.


VAB

Statutaire naam: VAB NV

Vestigingsadres: Pastoor Coplaan 100 – 2070 Zwijndrecht

Telefoonnummer: +32 3 253 61 30

E-mailadres: [email protected]

Website: www.vab.be

BTW nummer: BE 0436 267 594


1.1 With Roadside Assistance, when the LO is immobilised, the User is entitled to technical (roadside) assistance and the preparation of the LO if it concerns minor interventions (brakes, tyres, chain, etc.) at the location where the User is situated. There is no entitlement to roadside assistance at the home address or within 1 km from the home address of the User.


1.2 If repairing the bicycle en route is not possible or will take longer than 45 minutes according to the mechanic, the User is entitled to transport him/herself and a maximum of one pillion rider to the starting or finishing point of the bicycle tour or to the bicycle repair shop. There is no entitlement to breakdown cover for breakdowns that fall outside the aforementioned criteria.


1.3 Breakdown Assistance is only offered for the LO whose rental contract was established via the LAB-Platform.


1.4 Breakdown Assistance is only available in Belgium, from 1 km distance from the User's place of residence or starting or ending point of the journey.


1.5 Roadside Assistance is only provided at locations which are freely accessible for the VAB assistance vehicle, at the discretion of VAB or the mechanic involved.


1.6 The right to roadside assistance starts 24 hours after the day that the LO is made available to the User and is valid for the duration of the rental contract for the LO.


1.7 Roadside assistance is provided 24 hours a day, 365 days a year.


1.8 Users do not pay any call-out charges, labour or material costs.


1.9 Roadside Assistance is only valid for the User and is not transferable. Roadside assistance is only offered to the User and only upon presentation of a valid identification document.


1.10 Breakdown Assistance can only be called via the LAB service line +32 3 253 62 55. The User has to give his breakdown policy number for identification purposes.


1.11 If the LO does not appear valid at the time of the request for assistance, the User will have to sign a document in which he agrees to pay the costs of the intervention by VAB before any services are provided, if afterwards it appears that the User was not entitled to breakdown assistance.


1.12 Cancellation of the request for assistance when a mechanic has already been called in may mean that the costs already incurred will be charged to a maximum of €145.00. The User will bear these costs. The same applies if the LO is not covered by the Roadside Assistance.


1.13 Roadside Assistance is valid for the duration of the rental contract for the LO. As soon as the rental contract ends, the Roadside Assistance ends as well.



ARTICLE 2 – General exclusions:

  • Interventions resulting from incidents that do not immobilise the LO.
  • Repair costs by the bicycle repairers and possible maintenance costs.
  • Costs resulting from services not requested from LAB-Assistance.
  • Any damage, breakdown or accident that occurs during races or organised tours.
  • This agreement does not cover theft or damage of objects or accessories of the LO as a result of breakdown or accident.
  • Assistance to the LO that is already at a recognised bicycle shop or repairer.
  • Removal of the LO by order of the authorities or the police
  • All cases of abuse and/or fraud.
  • Breakdown as a result of negligent maintenance
  • Interventions that are requested in places that are not accessible to intervention vehicles (e.g. forest path...)
  • Medical assistance to the User
  • Telephone charges to reach the assistance centre
  • Lost keys of a bicycle lock
  • Cost of spare parts or equipment fitted/used during the intervention. These costs will be invoiced by VAB to the Rental Company, which will in turn invoice those costs to the Renter via the LAB Platform in accordance with the Service Conditions as provided in Appendix A above. 

APPENDIX D: RETURN PROTOCOL

ARTICLE 1 – DEADLINES & RETURN

1.1 The LO must be returned to the business address of Grenke or to the custodian appointed by Grenke within 14 days of the end of the rental contract. If the depositary appointed by Grenke is the supplier, the supplier will check the LO on the basis of this Collection Protocol. The findings regarding the condition of the LO will be recorded in writing by the supplier in an inspection report. This inspection report is not only signed by the supplier, but also by the renter (or user to whom the renter has made the LO available).


1.2 Once the full term of the lease contract has been completed and all rental payments have been made, the lessee, or the user to whom the lessee has made the LO available, will be given the option to purchase the LO in the condition it is in at the time of the aforementioned inspection and as set out in the inspection report. If the LO is taken over, Grenke and LAB give no guarantee whatsoever regarding the quality and/or the state of the LO on the date of taking over.


ARTICLE 2 – INTAKE CONTROL

2.1 During the inspection by the supplier it is also assessed whether all parts and accessories that belong to the LO are present and whether the traces of use are in relation to the purpose and the duration of use of the LO. A distinction is made between acceptable traces of use and unacceptable traces of use (damage).


2.2 The following criteria are used to assess whether the LO has been returned with all parts that belong to the rental contract:

  • The LO must be returned in original condition (presence of battery, luggage carrier(s), lights, etc.);
  • All keys (minimum 2) must be present;
  • The guarantee certificate must be present (this only applies if the LO is handed over prematurely, i.e. before the full term of the lease contract is completed), and
  • All accessories included in the Interest Contract must be present.
  • In case the LO is a Speed Pedelec, the certificate of registration (part vehicle and part domicile), the certificate of conformity and the certificate of cancellation of the number plate have to be handed in as well.


2.3 If, during collection, it appears that not all parts belonging to the hire contract have been handed in, they must be handed in within 5 working days at the latest. If this term is exceeded, the costs for replacement of the parts concerned are at the expense of the renter. The following criteria are used to determine whether the traces of use on the LO are acceptable:

  • the LO must be fully functional;
  • The LO must be in sufficient state of repair, and
  • The traces of use are a result of normal use or normal wear and tear.


2.4 If it appears that the LO does not meet the criteria with regard to acceptable signs of use, the reasonable repair costs, to be determined by Grenke, are charged to the lessee.


2.5 Below is a (non-exhaustive) list of usage traces that are considered unacceptable (damage):

  • Parts not working;
  • missing parts;
  • Breakage, severe deformation or dents in parts;
  • deep scratches and abrasions which do not disappear when polished;
  • Damage or corrosion to the paintwork (e.g. due to bird droppings, stickers or sea climate);
  • Improperly repaired parts;
  • holes, corrosion or damage as a result of disassembly of accessories;
  • defective or cracked saddle;
  • defective inner and/or outer cables (brake or gear cable).

As an indication of the unacceptable traces of use considered by Grenke, some examples are given below. In case of doubt, the judgement of the rental company, tested by a recognised supplier of the brand concerned, is leading.