Frankenstein Bike Rental

1. Definitions

In these general terms and conditions, the following definitions apply:

Subscription: the agreement between Roestug and the User for the use of a Bike, as well as any other agreement between Roestug and the User.

Subscription Period: the duration of a Subscription as agreed upon during the Ordering Process, as described in Article 9.

Subscription Fee: the amount the User owes Roestug for the use of the services provided under a Subscription.

Bike: a bicycle made available by Roestug for use by the User during the Subscription Period in accordance with these terms.

Ordering Process: the process by which a person subscribes to a bike subscription via the website or another platform provided by Roestug.

Repair Service: the service offered by Roestug whereby repairs to the Bike are carried out to ensure it remains functional.

Theft Coverage: an optional plan that protects the User from costs in the event of loss or theft of the Bike, as described in Article 12.

Roestug: the company Roestug, located at Campus 1 in Zwolle, registered with the Dutch Chamber of Commerce under number 80332080.

User: any natural person who enters into a Subscription with Roestug.

Website: the official website of Roestug (www.roestug.nl), where the User can subscribe and find information.

Service Area: the region where Roestug provides its services, as indicated during the Ordering Process.

Accessories: any items made available by Roestug, such as bike crates or light sets, which can be used in addition to a Subscription.

2. Applicability

2.1. These general terms – including any attachments relevant to the specific Subscription – apply to every agreement between Roestug and the User.

2.2. Deviating or additional agreements are only valid if expressly confirmed in writing by Roestug.

2.3. Unless otherwise stated, all prices mentioned by Roestug include applicable taxes.

3. Subscription

3.1. The User receives confirmation of the order once the Ordering Process is completed. The Subscription starts when the User receives the Bike, unless otherwise stated in the confirmation or Subscription.

3.2. The User must be at least 18 years old to subscribe. Minors may use the Bike under the supervision of a legal guardian responsible for the Subscription.

3.3. Roestug reserves the right to verify identity documents digitally. The Subscription is only activated after the required documents have been submitted. In cases of suspected fraud, Roestug may report this to the authorities.

3.4. Roestug may deny a Subscription request for reasons such as:

a. Inability to provide a valid residential or business address;

b. Previous termination of a Subscription due to non-compliance;

c. Use of an unsuitable payment method.

3.5. A one-time fee may be charged depending on choices made during the Ordering Process.

3.6. The Bike is to be picked up at Campus 1 in Zwolle. Roestug checks the User's personal details at pick-up. Any changes to this information must be reported promptly.

3.7. The User may use the Bike during the Subscription Period in accordance with the terms and must pay the monthly Subscription Fee in advance. If the Subscription starts or ends mid-month, the fee will be calculated pro rata.

3.8. If the Subscription is made via the Website, the User has the right to cancel within 14 days after receiving the Bike. Any costs will be charged pro rata, along with any one-time fee, if applicable.

3.9. The Bike may only be used in the country where the Subscription was activated.

3.10. During the Subscription, the User is entitled to free repairs and replacement of the Bike, as described in Article 8.

4. Types of Bikes

4.1. Roestug reserves the right to determine which type of bike is available in each service area and which Subscription type applies (e.g., private or commercial use). Roestug may change this offering at any time.

4.2. The Bike and any accessories (e.g., lights and keys) remain the property of Roestug. Ownership is not transferred to the User.

4.3. Each bike is labeled with a unique identification number. If this becomes unreadable or damaged, the User must notify Roestug immediately.

4.4. Roestug does not guarantee a specific color, design, or configuration beyond the specifications stated in the Subscription.

4.5. The bike may be equipped with a connectivity device allowing Roestug to track data like location and mileage, especially in cases of loss, theft, or misuse.

4.6. For e-bikes, Roestug reserves the right to adjust motor performance to optimize battery use or prevent misuse.

4.7. Roestug may place advertisements on the bike. Any damage to these ads must be reported immediately.

5. Keys and Locks

5.1. Roestug provides the User with a key for the locks. A spare key is kept by Roestug.

5.2. The User may not duplicate the key. Lost or damaged keys must be replaced via Roestug, potentially at a cost.

6. Use of the Bike

6.1. Use includes riding, pushing, parking, charging, and storing the bike.

6.2. The User is responsible for regularly checking and maintaining the bike, including brakes, lights, and tire pressure. The bike must be brought in for service at least once every 3 months.

6.3. If damage or defects are identified, the bike may only be pushed or parked until inspected. Issues must be reported immediately.

6.4. Only Roestug-supplied chargers and batteries may be used with e-bikes. Defects must be reported immediately.

6.5. The bike may only be used on paved roads, unless otherwise agreed.

6.6. The bike is for personal use only. Subletting, reselling, or lending is not permitted.

6.7. The User must comply with applicable laws and regulations, including speed limits and parking rules, and is responsible for any required licenses or insurance.

6.8. If the User’s driving privileges are revoked, Roestug must be notified immediately.

6.9. The bike may not be used under the influence of alcohol, drugs, or while medically impaired.

6.10. The bike must not be overloaded.

6.11. Transporting people or animals on the rear rack is prohibited unless specifically allowed in the Subscription.

6.12. Tampering with or modifying the bike is prohibited.

6.13. Roestug may inspect, maintain, or replace the bike during the Subscription Period.

6.14. Wearing a CE-certified helmet is strongly recommended for e-bike use.

7. Subscription Terms

7.1. Student Subscriptions:

Roestug may convert a student subscription to a standard subscription if:

• The user turns 26, or
• The student subscription has been active for 4 years.
• This conversion may result in changes to subscription costs.

7.2. Private Use:

A regular subscription may only be used for personal use. If the bike is used for commercial purposes (e.g., delivery services), Roestug may:

• Charge additional fees;
• Convert the subscription to a commercial one.

7.3. Commercial Subscription:

With a commercial subscription, the bike may be used for work such as delivery or business purposes.

7.4. Usage Monitoring:

Roestug reserves the right to monitor bike usage. In case of violations, the subscription may be modified or terminated.

8. Repairs and Swap Service

8.1. When is it applicable?

You may request repairs or a bike swap if:

• The vehicle is damaged or defective;
• The vehicle was stolen and you are not responsible.

8.2. Costs:

Repair and swap services are included in your subscription, provided you meet the conditions and all payments are up to date. The maintenance condition outlined in article 6.2 also applies. If the User fails to meet this requirement, repair costs may be charged.

8.3. How does it work?

The User is responsible for delivering the damaged bike to the Roestug location at Campus 1 in Zwolle. After inspection, the User may receive a replacement bike if one is available. Roestug reserves the right to repair the defective bike within three days without issuing a replacement.

9. Subscription Term

9.1. Monthly subscription:

A monthly subscription runs for one month and is automatically renewed. You can cancel at any time with a one-month notice period.

9.2. Subscription with minimum term:

A subscription with a minimum term cannot be canceled early. After the minimum term, it becomes a monthly subscription unless canceled.

9.3. Termination:

Both parties may terminate the subscription within the agreed notice periods.

10. Termination and Returning the Vehicle

10.1. Return of vehicle:

Upon termination, you must return the vehicle and accessories (e.g. battery, keys, chargers) to the Roestug University at Campus 1 by the end date. If Roestug must collect it, you’ll be charged €5 per km from Campus 1 in Zwolle. Termination only becomes effective once the vehicle is received. You remain responsible for subscription payments until then.

10.2. Canceling the termination:

You can cancel the termination by emailing Roestug at least one day before the end date. Once returned, the subscription cannot be reactivated for free.

10.3. Late returns:

If you do not return the vehicle on time or within seven days after immediate termination, the termination is considered canceled and the subscription continues.

10.4. Loss or non-return:

If Roestug terminates the subscription and the vehicle is not returned within seven days, it is considered lost and you must pay €250.

10.5. Roestug-initiated termination:

Roestug may terminate your subscription with one month’s notice if:

• Services are discontinued in your area;
• Products change significantly;
• Your service area changes.
• In this case, return the vehicle per article 10.1.

11. Theft or Loss

11.1. Secure parking:

Always lock the vehicle using the provided lock, and, when possible, secure it to an object.

Batteries must also be secured. If not properly secured, you may be held liable for damage, loss, or theft.

11.2. Reporting theft or loss:

Report theft or loss within 24 hours. Bring the key to your replacement appointment.

For e-bikes, report the theft to the police.

11.3. Fees for theft or loss:

You are liable for €250 in case of loss or theft. An extra €75 is charged if you fail to report it on time or return the key.

11.4. False information:

If you provide false information, you are fully liable for any damages and additional fees may apply.

11.5. Damage recovery:

Roestug may recover any actual losses caused by theft or damage to the bike or battery.

11.6. Recovered vehicle:

If the stolen vehicle is recovered, Roestug may refund part of the fee depending on its condition.

11.7. Government removal:

If the vehicle is removed by authorities, Roestug will contact you about recovery. You are responsible for all associated costs.

12. Theft Protection

12.1. Theft Coverage:

If you opted for theft coverage, your liability for loss or theft is reduced to €50.

You must still follow all security and reporting rules from Article 11.

13. Damage and Accidents

13.1. Report damage:

You must report any damage to Roestug within 24 hours, or as soon as reasonably possible.

13.2. Damage fees:

You are liable for repair or replacement costs if the bike is damaged.

13.3. Failure to report damage:

Failure to report damage may result in extra charges and third-party claims.

13.4. Third-party responsibility:

If someone else caused the damage, provide their contact details to Roestug within 24 hours.

13.5. Liability:

You are only liable for damage caused by your actions. If a fault in the vehicle causes the issue, Roestug is liable.

14: Data protection and privacy

14.1. Roestug processes the User’s personal data in accordance with applicable privacy legislation and its own privacy policy, which is available on the Website.

14.2. Roestug collects and processes data such as name, contact details, payment information, and usage data of the bicycle in order to execute the Subscription and improve its services.

14.3. In the case of bicycles equipped with a Connectivity Device, Roestug may collect location data and other usage statistics. This data will primarily be used for operational purposes, including in cases of theft, misuse, or maintenance.

14.4. Roestug will not share personal data with third parties unless required by law or necessary for the performance of the agreement (e.g., for payment processing or legal compliance).

14.5. The User has the right to request access to their data, request corrections, or request deletion of their personal data, as described in the privacy policy.

14.6 Copies of ID cards or passports will be destroyed once the subscription term has ended.

15: Force Majeure

15.1. Roestug is not liable for any failure or delay in performing its obligations if this is the result of a force majeure event.

15.2. Force majeure refers to any event beyond Roestug's reasonable control that temporarily or permanently prevents the fulfillment of its obligations, including but not limited to: war, natural disasters, pandemics, government measures, power failures, strikes, or disruptions in communication networks.

15.3. In the event of a force majeure situation, Roestug will inform the User as soon as possible.

15.4. If the force majeure situation continues for more than 30 days, both the User and Roestug have the right to terminate the Subscription without further obligations.

16. Liability

16.1. Roestug is not liable for any damage or injury (including fines or other monetary penalties) incurred by the User as a result of using the rented product, except in cases of willful misconduct, gross negligence, or if exclusion of liability is not permitted under mandatory law.

16.2. Nothing in this agreement excludes Roestug's liability for death or personal injury resulting from Roestug's negligence.

16.3. The User is personally responsible for complying with these general terms and conditions.

16.4. The User shall indemnify Roestug upon first written request against any fines or other monetary penalties imposed on Roestug as a result of the User’s use of the rented product.

16.5. The User shall hold Roestug harmless and indemnify Roestug upon first written request for any compensation, fines, penalties, or other monetary sanctions imposed by third parties—including public traffic authorities—or any loss incurred by Roestug due to the User's breach of obligations under this rental agreement or these general terms and conditions. Roestug may cooperate with authorities and provide requested information in this context.

16.6. Roestug has the right to pay amounts owed by the User on their behalf and to recover such amounts from the User. Roestug reserves the right to charge an administration fee per incident.

17. Amendments

17.1. Roestug reserves the right to make reasonable adjustments to the rental fee in case of cost changes, such as those due to legislation or annual price indexation. Such changes will be communicated at least one month before taking effect by email. The User may not terminate the rental agreement due to price changes, unless the User is a consumer, in which case the User may cancel the agreement with written notice.

17.2. Roestug may unilaterally amend the rental agreement (including pricing and website information) due to changes in product/service offerings, technical, commercial or legal considerations, or shifting market conditions. Changes will be communicated at least one month in advance via email and the website. Consumers have the right to terminate the agreement from the date the new terms take effect.

17.3. The User may change to another rental plan with a higher monthly fee and the same or longer duration at no cost. Roestug will coordinate the exchange of the product.

17.4. Changing the service area is only allowed with Roestug's explicit approval and becomes effective after written confirmation.

18. Termination

18.1. Roestug may terminate the rental agreement, in whole or in part, with immediate effect and written notice if the product is lost or stolen, or if the User:

a. fails to meet their obligations, including payment;

b. uses the product contrary to the terms;

c. files for or receives suspension of payment;

d. files for or is declared bankrupt;

e. is placed under guardianship or debt rescheduling;

f. abuses the rental service;

g. provides Roestug with false information;

h. behaves aggressively or threateningly toward Roestug or its employees.

18.2. Upon termination, Roestug may immediately recover or locate the product using technology or inspections.

18.3. Both Roestug and the User may cancel the agreement at any time with a one-month notice, except consumers who may use their right of withdrawal.

18.4. The User may terminate the agreement immediately if Roestug seriously or repeatedly fails to meet its obligations.

19. Miscellaneous

19.1. The User is deemed to agree to these general terms without reservation.

19.2. Roestug may share the User’s data with authorities as required by law.

19.3. Roestug may assign its claims against the User to third parties.

19.4. Roestug reserves the right to offer individual promotions or extensions to the User with additional conditions.

19.5. All notices must be made in writing, including by email.

19.6. If there is a conflict between the rental agreement and these general terms, the agreement takes precedence.

19.7. The Dutch version of these terms prevails over translations.

19.8. If any provision of these terms is invalid or unenforceable, the remaining provisions remain valid. Roestug and the User will agree on a replacement provision aligned with the original intent.

20. Applicable Law and Disputes

20.1. Dutch law exclusively applies to the rental agreement and these general terms and conditions.

20.2. All disputes will be submitted exclusively to the competent court in Amsterdam, unless another court is designated under mandatory legal provisions.