Article 1: Definitions
The customer's personal account that allows them to view and edit their data and use the service.
The 9292 app and Moves by 9292 app ("the app") are mobile applications belonging to REISinformatiegroep. The app serves as a means of access, as far as technically possible, for buying, reserving and renting services through connected mobility providers.
The services provided by 9292 to the customer through which on-demand mobility is offered through the provision of the app, mobility service and means of transport.
The period during which the customer rents the means of transport.
The agreement entered into between 9292 and the customer, arising from the Framework Agreement, which details the rental of a means of transport.
The time between the start of a rental and the end of a rental, calculated as per the rental agreement.
A natural person, entity or company (the latter two hereinafter collectively referred to as 'Corporate Clients') that is successfully and properly registered with 9292 and has entered into a valid Framework Agreement with 9292.
Providers of mobility services offered in the app with whom 9292 has directly or indirectly entered into an agreement. Currently affiliated mobility providers are further specified in these Terms & Conditions and are subject to change.
A service provided by 9292 to a customer through which the customer can access public transport, shared bicycles, shared scooters, shared cars, parking facilities and other mobility solutions.
The agreement entered into between 9292 and the customer, under which the customer can use the app. The Framework Agreement is generated by creating an account and thereby accepting the General Terms & Conditions.
Means of transport
Means of transportation used as part of the service.
Article 2: Registration & Account
- The access tool for buying, reserving and renting mobility services through connected mobility providers is the app, which requires the customer logging into the account.
- The customer is not allowed to create multiple accounts.
- To reserve, rent and use the mobility service, the customer must have a mobile phone that meets the technical requirements for the app. When downloading the app, it will automatically check whether the mobile phone meets the necessary requirements. 9292 does not guarantee compatibility. The responsibility for the possibility of mobile data communication and any charges relating to data transmission lies with the customer.
- It is forbidden to read, copy or manipulate (access to) the app using IT means. Any such infringement or attempt to do so will lead primarily to exclusion from the app and all costs of the infringement in the event of any resulting damage will be borne by the customer.
- The customer is obliged to report irregularities concerning the account or, if relevant, the app to 9292 immediately via 9292 customer service in order for 9292 to take appropriate measures and prevent abuse. The customer will be informed of the action taken via email.
- The customer themselves is responsible for keeping their personal login details confidential and shall never sell, transfer, lend or otherwise allow them to be used by third parties. Within this context, 9292 expressly disclaims any liability.
- 9292 has the right to refuse a customer’s registration for whatever reason.
Article 3: Booking, entering into and termination of lease agreement
- During the term of the Framework Agreement, activated customers can use their account via the app to make a reservation for an intended rental. A reservation for a rental is only final after confirmation by 9292. Each confirmed rental leads to a separate Rental Agreement under the applicability of the Framework Agreement and these Terms & Conditions of Use.
- The maximum rental time of a means of transport as per the Rental Agreement is 1 (one) day (twenty-four hours). 9292, or the mobility provider on behalf of 9292, is entitled to terminate a Rental Agreement if the maximum rental time has been exceeded.
- The Rental begins with the conclusion of the Rental Agreement and ends when Customer has properly terminated the rental transaction in accordance with the provisions of clause 10 or when 9292 or the mobility provider on behalf of 9292 has terminated the Rental Agreement.
- The customer is obliged to check the means of transport for visible defects, damage and severe soiling or dirt before driving and to report this to 9292 via the customer service department. Customer Service will assess the nature and severity of the defects, damage and/or dirt or soiling. For the damage to be attributed to the perpetrator, the report must be made before the lock is unlocked or the engine is started. The customer is obliged to report the relevant data completely and truthfully. 9292 is authorised to prohibit the use of the means of transport if 9292 considers it necessary (e.g. if safety during during travel appears to be at risk).
- 9292 is authorised, at any time, to withdraw the means of transport in consultation with the customer and replace it with a similar means of transport.
Article 4: Driving licence & verification of driving licence
- Some mobility providers require a driving licence. If so, 9292 will carry out a validation check. For these services, the customer must:
a) be at least a minimum of 18 years of age and be in possession of a driving licence for at least 1 (one) year;
b) have a valid driving licence to drive a passenger car (B) or a moped (AM) in the Netherlands;
c) have a valid driving licence with them at all times during the rental of the means of transport;
d) meet all conditions and restrictions, if any, included in their driving licence.
- 9292 only accepts driving licences after (electronic) verification.
- If verification reveals that fraud may have occurred, 9292 will report this to the police.
- Immediately after revocation or loss of the driving licence, the driving licence for the means of transport lapses for the duration of the loss or revocation. The same applies to the duration of a driving ban. The Customer shall immediately report any revocation or restrictions of their driving licence, driving bans taking effect or temporary seizure or temporary suspension of their driving licence to 9292.
Article 5: Rates & payment terms
- The customer agrees to pay prices at the rate applicable at the time of the start of the Rental Agreement. All fees and charges are listed in the applicable fee schedule, which is subject to amendment from time to time. These are the final prices (including the then applicable VAT). Rental time is rounded to whole minutes.
- 9292 is entitled to collect the amount due for the rental, penalties and damages, everything due under this Rental Agreement, from the customer's credit/debit card or bank account.
- Payment is due at the end of the Rental Agreement. Payments are made according to the payment method chosen in the app. The Customer is obliged to ensure that the (bank) account or credit/debit card on which the debit or (SEPA) direct debit takes place, or any other selected payment method, has sufficient funds and is in the name of Customer or the business details known to 9292 (in the event the Customer is allowed to use a business credit card for the payment for a rental).
- If the amount debited is recovered by the bank due to a reason attributable to the customer, the relevant bank charges will be borne by the customer.
- To prevent credit card fraud, 9292 reserves the right to carry out (security) checks at any time. Furthermore, 9292 can, at the time of entering the credit card details, check whether the credit card is registered with the issuer in the customer's name, is registered as lost, stolen, expired and/or the spending limit is sufficient for the intended reservation. Should any suspicion of abuse arise from these checks, 9292 is entitled to suspend and terminate its obligations under the Framework/Rental Agreement without prior notice. If any fraud does turn out to have occurred, 9292 will report this to the police.
- In the event and as long as a Customer fails to fulfil any payment obligation towards 9292 or fails to do so in a timely manner, 9292 shall be entitled to suspend its obligations under the Framework/Rental Agreement.
- If customer does not fulfil their payment obligations on time, they shall owe statutory interest on the outstanding amount. In case of non-payment or late payment by the Customer, collection costs will be calculated in accordance with Article 2 of the Decree on Compensation for Extrajudicial Collection Costs of 27 March 2012.
Article 6: General customer obligations/prohibitions
- The customer is obliged to:
a) use the rented means of transport with due care and, in particular, to comply with the manufacturer's user manual (see app), the driving instructions and the prescribed maximum speeds and speeds;
b) immediately report any damage to the means of transport and/or (serious) contamination to the 9292 customer service department;
c) lock the means of transport at the (interim) end of the use period via the 9292 app;
d) ensure the means of transport is only used in a traffic- and operationally-safe condition;
e) return the means of transport in the condition in which it was received. Defects and damages must be reported by the Customer to 9292 at the start of the rental. Failing to do, the Customer shall be deemed to have received the means of transport in good and sound condition.
f) comply with all legal obligations in connection with the use of the means of transport, in particular under the applicable traffic laws.
- The customer is prohibited from:
a) driving the means of transport under the influence of alcohol, drugs or medicines that may affect driving ability. There is a strict alcohol ban and a resulting maximum blood-alcohol level of 0.0;
b) Using the means of transport for cross-country driving, motor sport events or any form of racing;
c) Using or parking the means of transport on unpaved roads and private land;
d) Using the means of transport for vehicle testing, driving lessons or for commercial passenger transport;
e) Using the means of transport for transporting highly flammable, toxic or otherwise dangerous substances to the extent that they significantly exceed normal household quantities;
f) Using the means of transport to transport objects or substances which, because of their nature, size, shape or weight, could endanger driving safety or damage the interior of the means of transport;
g) Using the means of transport to commit offences;
h) Fouling or soiling the means of transport;
i) Carrying more passengers than the number permitted;
j) Personally carrying out repairs or modifications to the means of transport or having them carried out by another party;
k) Transporting children or toddlers;
l) Driving or using the means of transport outside the Netherlands;
m) Allowing persons other than the customer who concluded the Rental Agreement to drive the means of transport.
- The use of the means of transport and related accessories is entirely at the customer's expense and risk.
Article 7: Accidents, damage and/or defects to or loss of means of transport
- Accidents, theft, damages and defects occurring during the rental must be reported immediately by the customer to 9292's customer service.
- The customer must ensure that all accidents or theft involving the means of transport are reported to and recorded by the police. If the police refuse to record the details of an accident, the customer should immediately report this to 9292 customer service and provide proof of this. In such a case, the customer should discuss the further procedure with 9292 customer service and follow its instructions. This procedure applies regardless of whether the accident was caused by the customer or a third party. The customer may only leave the scene of the accident or theft after:
a) the acquisition of the details of the accident or theft by the police has been completed, or, if this is not possible, after 9292's customer service has been informed in accordance therewith, and
b) in consultation with 9292 and any evidence protection and damage limitation measures have been undertaken, and
c), in the event of an accident, the means of transport has been handed over to a towing company, or has otherwise been safely parked or moved by the customer following agreement with 9292.
- In the event of an accident in which the means of transport was involved, the customer may not accept liability or make a similar declaration. Nevertheless, if the customer makes a declaration accepting liability, it shall only apply to the customer personally. Neither 9292 nor mobility provider and (its) insurers are bound by this statement or commitment.
- Regardless of whether an accident or theft was caused by customer or a third party, a claim form will be made available to the customer after reporting the accident or theft. This is usually present in or with the means of transport. This claim form must be returned to 9292 in full within 7 days. If no written claim notification is received by 9292 within this period, the accident or theft cannot be dealt with by the insurance. In this case, 9292 shall be entitled to charge to the customer all costs and damage to persons, objects and vehicles relating to the accident or theft.
- Damage costs relating to damages to the means of transport shall in all cases accrue to 9292 and, to the extent required, the customer will assign the claim for compensation to 9292. If these fees are received by the customer, the customer must pay them to 9292 without receiving a request to do so.
- At 9292's request, the customer shall at all times communicate the exact location of the means of transport and allow the vehicle to be inspected.
- If a means of transport is removed by a public and/or private authority as a result of improper, illegal and/or dangerous parking and/or storing of a means of transport, all costs shall be fully borne by the customer.
Article 8: Liability of 9292
1. To the extent permitted within mandatory (consumer) law, 9292 shall not be liable to the customer, unless there is intent or deliberate recklessness on the part of (executives of) 9292.
2. 9292 cannot be held responsible for items left by the customer or its passengers in, on or over a means of transport.
Article 9: Customer liability, penalties and exclusion from use
- The Customer shall be liable to 9292 for any loss suffered by 9292 as a result of the Customer's failure to comply with any obligation under the Framework/Rental Agreement.
- The customer is liable to 9292 for any damage they have inflicted or caused. This includes (without being exhaustive) damage to or the theft or loss of the means of transport and accessories. In the case of liability of a customer who is not at all or only partially insured, the customer is liable for the uninsured part and the customer indemnifies 9292 against all third party claims.
- In the event of an accident that is the customer’s fault, the customer's liability also extends to incidental damages, such as expert fees, towing costs, depreciation, costs due to lost rental income, lower insurance premiums and administrative costs.
- The means of transport are insured by 9292 or the mobility provider. The amount of the excess per claim or theft and the corresponding conditions are set out in the fee schedule.
- The excess applicable in any case shall be paid by customer to 9292 upon first request.
- The customer is liable to 9292 for the consequences of traffic violations or offences committed by the means of transport. The customer shall pay all resulting penalties and costs and fully indemnifies 9292 against any third party claims. For processing traffic violations (warnings, charges, fines, etc.), the customer must pay a processing fee to 9292 for each incident. The amount of the processing fees are specified in the applicable fee schedule.
- In the event the customer causes an accident outside the work area, the customer will bear the costs arising from the return of the means of transport to the work area after completion of repairs.
- The customer is responsible for terminating the rental within the working area. If the customer drives the means of transport 'empty' (i.e. it no longer has battery capacity) and is currently outside the operating area, the customer shall inform 9292 immediately. The mobility provider will transport the vehicle to the working area as soon as possible. The customer will pay a fee to 9292 for this in accordance with the fee schedule.
- The customer will pay a penalty in accordance with the fee policy if they allow a person other than themselves to use the means of transport, without prejudice to 9292's right to claim damages.
- In case of breach of the Framework Agreement and/or Rental Agreement, 9292 may temporarily or permanently deactivate the relevant account with immediate effect. This exclusion will be communicated to the customer by email.
Article 10: Termination of rental
- If the customer wishes to terminate the rental, they are obliged:
a) to park the means of transport properly and in compliance with traffic regulations in a non-paid parking space in the public area;
b) not to terminate the rental on private property or a business premises (e.g. car parks, back gardens, etc.). The ban also applies to parking spaces for customers of shopping centres, supermarkets, restaurants, etc. The means of transport should be accessible to everyone at all times.
- The rental period can only be terminated:
a) when the means of transport is within the limits of the working area. Working area boundaries can be viewed online in the app. The display in the app is used for orientation and no rights can be derived from it.
b) if a mobile phone/data connection can be obtained at the location of the means of transport. If this is not the case, the means of transport should be parked elsewhere by the customer.
- The end of a rental process is initiated when the customer ends the rental process via the app. When the transport vehicle has confirmed the end of the rental process by locking the central locking system, the rental period has effectively ended. If the customer leaves the means of transport while the rental period is not terminated or if the provisions of Article 10 paragraphs 1 and 2 of these conditions are not met, the rental shall continue at the customer's expense.
- If the rental cannot be terminated, the customer is obliged to report this to 9292 without delay and stay with the means of transport until 9292 customer service has decided on the relevant course of action. Any additional rental costs incurred will be refunded to the customer after verification by 9292, if the customer is not in arrears. For example, a customer is in arrears if the means of transport does not allow a termination of the rental period because the means of transport is outside the working area or has not been checked out via the app.
- In the event of an accident rendering the means of transport inoperable, the rental period will ultimately end when the means of transport is handed over to the breakdown company.
Article 11: Distance purchase/contract
- When entering into the Agreement, the customer gives the express consent as defined in Art. 6:230p Sub D that compliance has begun. When entering into the Rental Agreement, the customer acknowledges that the Rental Agreement after the termination of the Rental Agreement as defined in Art. 11 has been fully complied with by 9292. The Customer hereby makes the express declaration as defined in Art. 6:230p Sub D that they waive the right of termination after the Agreement has been executed.
Article 12: Intellectual Property
- All intellectual property rights, including, but not limited to, trademark rights, trade name rights, database rights and/or copyrights, in respect of the website and app and the content placed thereon, such as texts, articles, images, photographs, names, logos and icons, belong exclusively to 9292 and/or its licensors. If you wish to make further use of these intellectual property rights, please contact 9292 for a licence. 9292 and/or its licensors expressly reserve all rights.
Article 13: Your data
- 9292 takes privacy very seriously and therefore treats personal data with extreme care. The Privacy Statement sets out how 9292 processes personal data and what 9292 uses it for. By accepting these Terms & Conditions of Use, you agree to the contents of the Privacy Statement.
Article 14: Changes
- 9292 reserves the right, where necessary, to amend the Terms & Conditions of Use. The Customer will be notified about this via the app and by email. The Customer must object within 1 (one) month of notification of any changes. Any Rental Agreement concluded after the aforementioned notification shall constitute proof of the customer's acceptance of the change.
- Changes to these Terms & Conditions of Use and/or tariffs will take effect on the date as published. Until the effective date of the change, the unchanged Terms & Conditions of Use and tariffs will remain in force.
Article 15: Notifications & complaints
- Unless expressly stated otherwise, all messages to 9292 will be sent via email to email@example.com. Any notifications can be reported via the email address provided by the customer to 9292 during the registration process. If the customer has a complaint about 9292, they can contact the 9292 service desk at firstname.lastname@example.org within a reasonable period of time after discovering the issue. 9292 will respond no later than 14 days after receipt of the complaint.
Article 16: Applicable law
- There are no verbal agreements dissenting from this agreement. Amendments and supplements must be agreed in writing. Email will suffice as written agreement.
- In the event of there being versions of these Terms & Conditions of Use in a language other than Dutch, the Dutch text will take precedence.
Utrecht, January 2023