Terms and Conditions

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions relate to the services offered by Blue-mobility nv under the Blue-bike brand. 

By signing up for a Membership, purchasing a Blue-bike ticket, using a Blue-bike voucher, or making use of any service offered by Blue-mobility, the person signing up for the Membership, purchasing the ticket, or using the Blue-bike voucher declares to have read these General Terms and Conditions and to accept them without any reservations. 

You cannot use Blue-bike’s services unless you agree to these General Terms and Conditions. 

1.     Details of Blue-mobility

Blue-mobility nv, Provinciestraat 53, 2018 Antwerp (Belgium), with company registration number BE 0832.369.965. 

Blue-mobility may be contacted via e-mail at info@blue-bike.be, or using the contact form on its website. During office hours, you can reach us by phone at 078 050 226.

2.     Definitions

Customers 

Members, purchasers of tickets, and users of vouchers shall be jointly and generally defined as Customers of the services offered by Blue-mobility in these General Terms and Conditions. 

Blue-bike  

Bike rented by Blue-mobility at a Blue-bike location. Blue-bike uses various rental technologies to allow its Customers to open the lock of a Blue-bike at a Blue-bike location and start a ride. The rental technology offered may vary depending on the location.  

For the operation of the rental technologies made available by Blue-bike and an overview of the rental technologies by location, please refer to the Blue-bike website. 

Blue-mobility provides both e-bikes and non-electric bikes. Where the difference is not relevant the term Blue-bike will be used in the terms and conditions specified below. Specific reference will be made in clauses that relate to e-bikes or non-electric bikes. 

User 

Any natural person using a Blue-bike. 

Blue-bike location 

Location where a Blue-bike can be rented and where the User can start and end a ride. 

Blue-bike account 

When a natural person or legal entity enters into a contract with Blue-mobility, Blue-mobility creates a Blue-bike account upon registration. 

Legal entities can request multiple accounts, in which case 1 main account will be identified as master for the other “sub accounts”. 

When an account is requested by a natural person, this account will be the main account. 

Blue-bike app 

Blue-mobility’s mobile application that can be downloaded for free from the Google Play Store or the Apple App Store and that may be required for renting a bike at a Blue-bike location depending on the rental technology made available by Blue-mobility at said location. As part of its obligation of means, Blue-mobility strives to make the Blue-bike app work on a wide range of devices. The company cannot be held responsible should the app fail to work on the User’s specific device. The Blue-bike app uses GPS and Bluetooth functionality on the User’s device. At pick-up and drop-off locations, the User’s device must be able to connect to the Internet. Some features are hardware-based (such as a GPS, Bluetooth, Internet connection, and so on) while some are software-based (such as app widgets), and some depend on the platform version. Not every device supports every feature, so you may not be able to use the Blue-bike app. 

My-Blue-bike application: 

The secure Internet pages under my.blue-bike.be, where the Main Account and Subaccounts can access their Blue-bike account. 

The Main Account and Subaccount can use their e-mail address and password to log into their Blue-bike account through the My-Blue-bike application and access and change their personal data and payment information. They can also use it to consult past rides. 

The Main Account has access to more extensive functionalities, in particular in the case of legal entities which can purchase tickets in the Blue-bike account. 

Blue-bike card 

A non-nominative card that is made available to Membership Holders and which can be used to rent a non-electric Blue-bike at Blue-bike locations equipped with a key distributor as a rental technology, provided the linked Membership is valid. 

Mobib card 

Card with a public transport pass, available from public transport providers such as the SNCB, De Lijn and STIB, to which a Blue-bike Membership can be linked. Users can rent non-electric Blue-bikes at Blue-bike locations equipped with a key distributor as a rental technology using a Mobib card, as long as the linked Membership is valid.  

Membership 

When the Main Account registers with Blue-bike, it signs up for a Blue Bike Membership. 

Any person who is 18 years of age or older, can sign up for a Blue-bike Membership. 

The Membership entitles the Main Account to rent a Blue-bike for the term of Membership. If the Main Account is a natural person, they can only sign up for a private Membership. 

If the Main Account is a legal entity, it must sign up for a corporate Membership. If the Main Account is a legal entity, it can also choose to sign up for one or more Memberships for one or more Subaccounts. The Subaccounts can then also rent a Blue-bike at any time during the term of Membership. A Membership is valid for a period of one year and is tacitly renewed as stipulated in Article 5.3. The Membership cost is set out in the Fee Schedule available on https://www.blue-bike.be/en/fees-and-deductibles. 

Blue-bike Ticket 

Blue-Mobility has concluded agreements with several Mobility-as-a-Service (MaaS) providers, enabling MaaS Providers to sell Blue-bike tickets to MaaS customers. 

A Blue-bike ticket entitles MaaS customers to rent a non-electric Blue-bike in accordance with the General Terms and Conditions. 

MaaS Providers purchase Blue-bike Tickets from Blue-mobility in accordance with the General Terms and Conditions as stipulated in the agreement between Blue-mobility and the MaaS Provider. 

Tickets have a limited validity that may vary depending on the MaaS Provider. 

The MaaS Provider collects all possible additional fees and charges associated with the renting of a Blue-bike from its Customer, such as but not limited to additional costs for long rides, loss, theft or damage caused by an act or omission of the User. Blue-bike tickets cannot be used to rent an e-bike. 

Blue-bike Voucher 

Legal entities can purchase vouchers through the My-Blue-bike application and make them available to third parties such as employees, customers and business associates. A voucher entitles the holder to rent a non-electric Blue-bike in accordance with these General Terms and Conditions. 

A voucher has a limited validity period that can be determined at the time of purchase. 

Blue-mobility shall bill all possible additional costs linked to the rental including but not limited to additional costs for long trips, loss, theft or damage caused by an act or omission of the User to the legal entity under whose Main Account said voucher was purchased. Blue-mobility reserves the right to recover these costs jointly and severally from both the Main Account and the User itself. 

In certain circumstances, vouchers may also be provided to Users by Blue-mobility itself as part of commercial promotions. Blue-bike vouchers cannot be used to rent an e-bike. 

 Partner benefit 

Blue-mobility enters into annual agreements with various partners. Under these agreements, partner members enjoy a specific benefit as set out in the agreement between Blue-mobility and the partner. To avail him/herself of this benefit, the Membership Holder must identify him/herself as a Member of the Partner using an affiliation number. The Membership Holder must enter the benefit code provided by the Partner when signing up for a Membership through Blue-bike’s website.

3.     Services offered by Blue-mobility under the Blue-bike brand

3.1. Blue-mobility makes available Blue-bike shared bicycles to Users at Blue-bike locations. 

Users can unlock these shared bikes using a rental technology. Blue-bike uses several different types of rental technologies. The rental technology offered may vary depending on the location. 

1. Blue-bike has locations with classic key locks (ringlock positioned on top of the rear wheel). At these locations, Users can retrieve the key to a bicycle from a key distributor using a Blue-bike card or a Mobib card. Upon approval of their Membership, Members are sent a Blue-bike card for this purpose. When signing up, Users can link their Membership to an existing Mobib card. In that case, they won’t be sent a Blue-bike card. The Blue-bike card is included in the initial Membership. A new card can be obtained for an existing Membership, although a fee applies. (See the Fee Schedule available on https://www.blue-bike.be/en/fees-and-deductibles). 

• Ticket or voucher holders can obtain the key to a Blue-bike with a classic key lock from the key distributor, entering the 10-digit code stated on a valid ticket or voucher on the key-distributor keypad. 

• In addition to locations with classic key locks, Blue-bike also has locations with digital locks. Users can rent Blue-bikes fitted with digital locks, using the Blue-bike app for Android and IOS devices. 

They can use their Blue-bike account credentials to log into the app and start rides based on their Membership. 

Holders of a Blue-bike ticket or a Blue-bike voucher can upload the ticket in the app by scanning the QR code stated on the ticket or clicking on the digital link included with the ticket or voucher. 

E-bikes shall always be equipped with digital locks and can only be rented by using the app. E-bikes can only be rented by membership holders and cannot be rented with a voucher or ticket. 

• Blue-bikes can only be rented at Blue-bike locations and must also be returned to a Blue-bike location. When a bicycle is rented, Blue-mobility records the start of a ride at the rental location. The ride can be ended by returning the key to a key-distributor or ending the ride in the app after returning the bike to a Blue-bike location. The rental technology used determines how the ride is ended: 
• Rides with Blue-bikes using a key from a key-distributor can only be concluded by returning the key to the key-distributor 
• Rides with Blue-bikes using a digital lock can only be concluded by ending the ride in the app.  

3.2.1. The price of a ride is determined on the basis of the type of bike (e-bike or non-electric bike), the pick-up and drop-off location and the time between the start and end of the ride. 

Users can pause a ride and lock the bike. This does not interrupt the duration of the ride. 

3.2.2. Blue-bike distinguishes between locations that belong to one and the same zone and those that do not belong to the same zone.  

3.2.3. When renting a Blue-bike from a non-zone location, Blue-mobility expects the ride to end at the start location. If the ride is ended at a location different from the starting location, a surcharge will be applicable. (See the Fee Schedule available on https://www.blue-bike.be/en/fees-and-deductibles.)  

3.2.4. When renting a Blue-bike at a location in a specific zone, the ride may be ended at any location that is part of the zone of the location where the ride was started without incurring a surcharge. 

3.2.5. Blue-mobility aims to always have bicycles available at its rental locations. To achieve this, the fare structure is designed to discourage people from renting bikes for periods longer than 24 hours. The price is increased incrementally for trips longer than 24 hours. 

3.2.6 Blue-mobility cannot guarantee that e-bikes will always be available at locations where they are provided. Our aim to always have bikes available at all rental locations does not take into account the type of bike. For example, at locations where both e-bikes and traditional bikes are provided we do not monitor whether both e-bikes and traditional bikes are always available. The number of bikes available at a specific location as shown in the Blue-bike app or on the Blue-bike website always reflects the combined total number of e-bikes and non-electric Blue bikes that are available.  

3.3. For the benefit of Users who experience technical problems when renting a bicycle or during a ride, Blue-mobility provides an SMS service: after the User sends an SMS, an employee of Blue-mobility or an external partner contacts the User who sent the SMS as soon as possible to provide support. 

If the User cannot continue the ride due to a bicycle defect and is at least 1.5 km from the lending location, he can make use of Ethias’s roadside bicycle assistance free of charge according to the conditions and modalities stated on https://www.blue-bike.be/en/news-and-events/bike-breakdown-whilst-out-cycling-call-ethias-assistance. 

If the User does not use Ethias’s roadside assistance, Blue-mobility will recover the additional costs for collection of the bicycle from the User’s Main Account. Blue-mobility reserves the right to recover these costs jointly and severally from both the Main Account and the User.

4.     Signing up for a Membership

4.1.        Natural persons can apply for an individual Membership, legal entities for a corporate Membership.

4.1.1.     Any natural person aged 18 years or older may apply for a Membership.

4.1.2.    Blue-mobility may refuse registrations from new Users at any time, without stating a reason and at its sole discretion.

4.1.3.    A partner benefit code may only be used during the first year of the Membership. When signing up for a Membership, a person can only have a single Partner benefit applied, even if that person is a member of several partner organisations of Blue-mobility.

4.2.        A Membership is concluded online through Blue-bike’s website (https://www.blue-bike.be/en/become-a-member). The Membership concluded through Blue-bike’s website is only final when Blue-mobility has approved the payment modalities and the Membership applicant has confirmed his e-mail address through the link in an automatic e-mail from Blue-mobility.

In so doing, the Customer certifies that the information provided by it in the application is true, complete, correct, and up-to-date to the best of its knowledge and that such information is in no way incomplete or distorted.

Failure to comply with this information requirement is explicitly seen as a serious breach of these General Terms and Conditions and entitles Blue-mobility to immediately suspend or temporarily block Membership and to claim fixed damages by operation of law as specified in our Fee Schedule. Blue-mobility reserves the right to recover these damages jointly and severally from both the Main Account and the User.

(See the Fee Schedule)

This does not affect Blue-mobility’s right to also recover the actual damages suffered from both the Main Account and the User.

4.3.        Changes in rates or in the available rental technologies cannot in any way give rise to a refund of any annual Membership fee already paid or due, nor to refunds of due amounts for unfinished rides or rides that remain unpaid. Rides are always charged at the tariff applicable on the date of concluding the ride. 

4.4.        A corporate Membership can be taken out by employees of companies, governments and organisations who are authorised to do so as legitimate representatives of their company, government or organisation. If the person signing up for the Membership is found not to be the legitimate representative of the company, government or organisation, and the company, government or organisation disputes the validity of the Membership for this reason, all resulting costs incurred by Blue-mobility shall be recovered from the natural person who signed up. However, Blue-mobility reserves the right to recover these costs jointly and severally from the legal entity involved (the company, government or organisation, etc.) if it appears that Blue-mobility could reasonably assume that the employee was authorised or was a legitimate representative of this legal entity.

4.5.        The Main Account that has signed up for a corporate Membership with Blue-bike may also sign up for one (or more) Membership(s) for one (or more) Subaccount(s). Each additional Membership must be linked to a unique e-mail address. Ride data from the Subaccounts will be grouped under the Main Account and billed to the Main Account. Otherwise, the Main Account of a Business Membership shall be treated in the same way as the Main Account of a private Membership, and all obligations and modalities as described in these General Terms and Conditions shall be applicable.

5.     Term and termination of Membership

5.1. Memberships are concluded for a term of one year. The Membership cost is set out in the Fee Schedule (https://www.blue-bike.be/en/fees-and-deductibles). 

5.2. The cost for a one-year Membership will be billed in the month following completion of registration for the Membership. The cost of renting a Blue-bike shall be billed and paid according to the provisions in Article 13. 

5.3. At the expiration date and unless Blue-mobility on the one hand or the Membership Holder on the other hand explicitly terminates the Membership no later than the day before the expiration date of said Membership, Membership shall automatically be renewed for a new period of one year according to the General Terms and Conditions and the Fee Schedule applicable at the time of renewal. The Main Account may cancel its Membership or Membership of Subaccounts through my.blue-bike.be or by e-mail – at the latest 14 days prior to the expiration date – to info@blue-bike.be. Upon cancellation by Blue-mobility, the Membership Holder shall be notified at the e-mail address provided when signing up for the Membership. 

5.4. In the event of continued non-payment or abuse by the Main Account or Subaccount, Blue-mobility may unilaterally cancel the Membership of the Main Account and any Subaccounts. 

5.5. The early termination of the Membership by the Main Account or by Blue-mobility cannot give rise to a refund of any annual membership fees already paid or owed, nor of any due amounts for rides that are still open or not yet paid.

6.     Right of withdrawal of Membership

6.1. If the Main Account is a company or a natural person acting for purposes as part of its commercial, industrial, artisanal, or self-employed activity, it cannot avail itself of any right of withdrawal. 

6.2. If the Main Account is a natural person acting for purposes outside the scope of his commercial, industrial, artisanal, or self-employed activity, said person has a right of withdrawal of 14 days starting from the starting date of the Membership. However, in accordance with Article VI.53, 1° of the Code of Economic Law, the Main Account loses this right of withdrawal if the Membership was already used at the time that this person elects to assert their right of withdrawal. 

To exercise this right of withdrawal, the Main Account must notify Blue-mobility of its decision before the expiration date of the withdrawal period. The Main Account may send an unambiguous statement for this purpose, effectively cancelling the Membership. 

The statement should be sent to info@blue-bike.be, clearly stating “withdrawal” in the subject header. 

7.     Obligations of Blue-mobility

7.1. Throughout the term of the Membership, Blue-mobility undertakes to make every effort to ensure the availability of a Blue-bike to the extent practicable and at any Blue-bike location. This standard constitutes an obligation of means on the part of Blue-mobility. 

However, our services may therefore not be available 24/7. There may be circumstances where our Services are interrupted, delayed, or unavailable, including due to scheduled or unscheduled maintenance, upgrades, urgent repairs, and force majeure caused by a third party. Blue-mobility reserves the right to suspend its Services in whole or in part when necessary for the legitimate interests of Blue-mobility such as, but not limited to: continuity of service, proper functioning of service and infrastructure, etc. 

Blue-mobility is not responsible and can in no way be held liable for indirect damages that the Blue-bike User may incur resulting from temporary unavailability of Blue-bikes at a Blue-bike location. 

7.2. Blue-mobility ensures that the User is issued a Blue-bike that is in a good and safe condition, complies with legal requirements. 

7.3. Blue-mobility strives to make the Blue-bike app work on a wide range of devices. The company cannot be held responsible should the app fail to work on the User’s specific device. 

7.4 Blue-mobility shall always ensure that e-bike batteries are charged at regular intervals. The distance indicated at a specific battery level is purely indicative. Blue-mobility shall not be liable if the full distance indicated cannot be completed with support, as this may vary depending on external circumstances such as temperature, wind, the cyclist’s weight, inclines on the route, etc. Blue-mobility cannot guarantee that e-bikes shall always be available with a fully charged battery. 

8.     Obligations of the Main Account

The Main Account is unambiguously legally and financially liable to Blue-mobility. 

If the Main Account is not the User of Blue-bike, it acts as guarantor for the User and is fully liable to Blue-mobility, both for the cost of rental and for any non-compliance with the obligations by the User, and in particular those contained in Articles 9, 10 and 11 of these General Terms and Conditions, as well as for any harmful consequences that would result from such non-compliance for Blue-mobility. 

9.     Obligations of the Blue-bike User

9.1. Before use, the Blue-bike User shall perform a simple visual inspection and report any clearly visible defects to Blue-mobility through the automatic rental system for bikes equipped with a key lock, or through the Blue-bike app for bikes equipped with a digital lock. In exceptional cases, the User may report defects by e-mail or SMS. 

9.2. After using a Blue-bike equipped with a key lock, the User must return the Blue-bike and key to a Blue-bike location equipped with a key distributor, in the same condition of operation as that in which he received it. The User is presumed to have received it in good condition and to have used it with due diligence. 

9.3. After using a Blue-bike fitted with a digital lock, the User must return the Blue-bike to a Blue-bike location, lock the digital lock (both the physical lock and in the app), and end the ride in the app. The User must leave the Blue-bike in the same state of operation in which he received it, provided that he is presumed to have received it in good working condition and to have used it with due diligence during the rental period. 

9.4. The Blue-bike User is entitled to return the bicycle free of charge, within 15 minutes of its receipt, to the Blue-bike location where the bicycle was rented if the Blue-bike has a defect and such defect is not attributable to the Blue-bike User. 

The Blue-bike User shall not knowingly ride a defective bicycle. Upon any use of a Blue-bike in a location in a specific zone, as described in Article 3.2.2., this 15-minute period may vary (information available on Blue-bike.be). 

9.5. The Blue-bike User uses the bicycle with care and due diligence. This includes respecting traffic laws and road codes, not endangering himself or others, and only using the Blue-bike on suitable terrain. The Blue-bike may not be used for racing, mountain-biking, stunts or tricks, nor to move through water (outside of normal traffic), etc. 

The User shall not carry a load of more than 10 kg in the basket of the Blue-bike. The User shall transport this load in a safe manner, which does not interfere with the proper and safe operation of the Blue-bike. 

9.6. When parking, the User must always lock the Blue-bike. For bikes fitted with a key lock, the ring lock mounted on the bike shall be locked and where possible secured in a compliant manner with the chain provided with the bike. For bikes fitted with a digital lock, the ride shall be paused in the app after which the ring lock of the digital lock that has been mounted on the bike must be locked. If the Blue-bike is found unattended and unlocked, it may be confiscated by Blue-mobility or one of its agents. The Main Account shall be notified of this as soon as possible and any associated costs shall be billed to the Main Account. 

9.7. Blue-bike Users are strictly prohibited from making any changes to the bicycle: dismantling, altering or manipulating parts, except adjusting the saddle height, shall be deemed a serious breach of these General Terms and Conditions and entitles Blue-mobility to immediately suspend or temporarily block Membership and to claim fixed damages by operation of law as specified in our Fee Schedule. Blue-mobility reserves the right to recover these damages jointly and severally from both the Main Account and the User. This does not affect Blue-mobility’s right to also recover the actual damages suffered from both the Main Account and the User. 

9.8. The Blue-bike must be used exclusively by 1 person at any given time. The Blue-bike User may not transport other persons on the Blue-bike. 

9.9. The User of the Blue-bike may be a minor, provided he is at least 14 years old. Any use is always under the responsibility of the parents or legal guardian. Blue-bikes may not be used by minors under the age of 14, even if accompanied by an adult. If Blue-mobility finds the User to be in violation of this provision, then the Main Account will be held liable for any damages against anyone that may result from this unlawful use. This shall also be deemed a serious breach of these General Terms and Conditions and entitles Blue-mobility to immediately suspend or temporarily block Membership and to claim fixed damages by operation of law as stated in our Fee Schedule. Blue-mobility reserves the right to recover this compensation jointly and severally from both the Main Account and the User. This does not affect Blue-mobility’s right to also recover the actual damages suffered from both the Main Account and the User. 

The Blue-bike User certifies that he is in good physical condition and meets all legal requirements to ride the Blue-bike. 

9.10. If the User chooses to use the cell phone holder or the basket, the User acknowledges and understands that: 

– Blue-mobility can neither be responsible nor liable for any loss or damage to the User’s cell phone resulting from the use of the cell phone holder. 

– use of the cell phone holder is at the User’s own risk. 

– use of the basket is at the User’s own risk, Blue-mobility can neither be responsible nor liable for any loss or damage of personal property that was placed in the basket. 

9.11 When using an e-bike it shall be up to the user to check that the battery level is sufficient for the distance they intend to cover. 

9.12 When using an e-bike the user shall not charge the battery themselves or ask a third party to charge it.

10. Conditions of use of Blue-bikes

10.1. The rental of a Blue-bike is billed on the basis of the type of bike (e-bike or non-electric), the duration of the ride and the Blue-bike location where the Blue-bike is rented and returned in accordance with the pricing per unit of time as stated on (www.blue-bike.be). A Blue-bike must be returned within 72 hours. Failure to return the Blue-bike within 72 hours shall give rise to surcharges as stated in the Fee Schedule available on our website (https://www.blue-bike.be/en/fees-and-deductibles). 

10.2. Blue-mobility reserves the right, in the absence of any response by the User after being contacted by Blue-mobility, to collect any bicycles that exceed the rental time of 10 calendar days, and return them to the starting location. The costs associated with this, plus any repair costs, shall be payable to Blue-mobility by the Main Account. 

10.3. If the User is still using the bicycle 30 or more days after the first rental day, the flat-rate surcharge, in addition to the fee for the duration of this period, as stated in the Fee Schedule shall be unambiguously payable by operation of law by the Main Account to Blue-mobility, in lieu of compensation for the administrative charges and commercial loss incurred by Blue-mobility. Any additional costs arising from damage to the bicycle or third parties or resulting from transportation may be billed in addition to these costs. This shall also be deemed as a serious breach of these General Terms and Conditions and entitles Blue-mobility to immediately suspend or temporarily block Membership and to claim fixed damages by operation of law as stated in our Fee Schedule. Blue-mobility reserves the right to recover this compensation jointly and severally from both the Main Account and the User. (See the Fee Schedule available on https://www.blue-bike.be/en/fees-and-deductibles.) 

This does not affect Blue-mobility’s right to also recover the actual damages suffered from both the Main Account and the User. 

10.4. One Membership can be used to rent a maximum of two Blue-bikes at the same time. 

10.5. If the User of a Blue-bike returns the bike to a Blue-bike location that is different from the location where he originally rented the Blue-bike , the Main Account will be billed a supplement, the amount of which is stated in the Fee Schedule available on https://www.blue-bike.be/en/fees-and-deductibles. The site surcharge does not apply to sites belonging to the same zone. 

11. Damage to the Blue-bike and repairs

11.1. Both the Main Account and the User are jointly and severally liable for any damage to the Blue-bike during the period of use. Blue-mobility shall notify the Main Account in writing by e-mail of the nature of the damage and the total cost of repair. The Main Account then has four weeks to submit any objections to the claimed amounts. If the Main Account fails to respond, Blue-mobility shall bill the Main Account for the total cost of repair. 

11.2. Blue-bike Users are strictly prohibited from carrying out any repairs on the Blue-bike themselves or having repairs carried out by a third party. Any repair that is prohibited under this provision or is non-compliant shall be billed to the Main Account.  This shall also be seen as a serious breach of these General Terms and Conditions and entitles Blue-mobility to immediately suspend or temporarily block Membership and to claim fixed damages by operation of law as stated in our Fee Schedule. Blue-mobility reserves the right to recover this compensation jointly and severally from both the Main Account and the User. 

(See the Fee Schedule available on https://www.blue-bike.be/en/fees-and-deductibles.) 

This does not affect Blue-mobility’s right to also recover the actual damages suffered from both the Main Account and the User. 

11.3. The Main Account must report any damage incurred to the Blue-bike to Blue-Mobility (by e-mail to info@blue-bike.be). 

12. Loss and theft

12.1. In case the Blue-bike card or MOBIB card got lost, stolen or damaged, the Main Account must block the card on my.blue-bike.be as soon as possible, or notify Blue-mobility by e-mail (info@blue-bike.be) so Blue-mobility can block the Blue-bike card. Failing this, the Main Account shall be deemed fully liable for the consequences of any use of this card as stipulated in Articles 8 to 11 of these General Terms and Conditions. 

The Main Account shall pay for the replacement cost of the Blue-bike card according to the Fee Schedule. 

12.2. In case of loss or theft of the Blue-bike, the Main Account shall be deemed liable, for the entire duration of the rental of the bicycle, for all damages suffered by Blue-mobility as a result thereof, at least to the extent of the amounts stated in the Fee Schedule per incident and per Blue-bike. If the actual damages suffered by Blue-mobility exceed the amounts stated in the Fee Schedule, such damages shall be jointly and severally recovered in full from the Main Account and the User. 

12.3. However, the Main Account shall only be responsible to the extent of the amount in accordance with the “deductibles” stated in the Fee Schedule, if the Blue-bike User can prove that he had locked the Blue-bike with the ring lock mounted on the bicycle. For a bicycle equipped with a conventional key lock, the User must hand over the key of the bicycle to Blue-mobility for this purpose. This is done by sending the key by registered mail to the headquarters of Blue-mobility. For a bike equipped with a digital lock, the User must have paused the bike in the app and this action must be retrieved from the logs of all rides in Blue-mobility’s systems. In any case, the User must provide Blue-mobility with confirmation of the report of the theft. 

The running rental period shall end at the earliest when Blue-mobility is notified of the theft. This rental period will be adjusted only after Blue-mobility has received the report and, where applicable, the key. 

If the Blue-bike key is lost, the Main Account shall pay the replacement cost of the key according to the Fee Schedule.

13. Billing and payment for Services provided by Blue-bike

Billing is always done to the Main Account of the Membership Holder. 

13.1.Billing and payment modalities for a private Membership: 

• Payment for a new private Membership shall be made by direct debit only: 

After concluding the Membership, the Main Account authorises Blue-mobility to collect the amounts due automatically. 

• Membership fees due will be collected no later than two months after the start of the respective Membership. 
• Rental fees are set once a month and correspond with the previous month’s usage. Prior to the monthly collection of amounts due, Blue-mobility shall send a statement. 
• If a Partner Benefit applies, Blue-mobility shall automatically deduct the amount granted as a discount from the Membership Fee or ride total. 

13.2.Billing and payment modalities for a corporate Membership: 

13.2.1. Main Accounts that have signed up for a corporate Membership can either pay via wire transfer or direct debit. Rental fees are set once a month and correspond with the previous month’s usage. 

13.2.2. Prior to the monthly collection of amounts due, Blue-mobility shall send a statement. If the Membership Holder chooses to pay by bank transfer, invoices must be paid no later than the due date for payment to Blue-mobility’s account number. 

13.2.3. If a Partner Benefit applies, Blue-mobility shall automatically deduct the amount granted as a discount from the Membership Fee or ride total.

14. Late payment by the Main Account

14.1. The Main Account shall be deemed late on a payment if it fails to pay by the date indicated on the invoice or statement, according to the payment method applicable. If the Main Account fails to pay, or the direct debit cannot be collected, the Main Account will be sent a reminder from Blue-mobility. Regardless of the payment method chosen, this amount must be paid by bank transfer. 

After receiving the reminder, the Main Account is obliged to regularise the situation within 14 business days. If the situation is not regularised within this period, Blue-mobility reserves the right to block Membership. 

14.2. Reminder charges: 

14.2.1 For Business memberships: Payments received after the initial reminder shall by law and without notice of default result in interest charges of 2.5% per month, as well as (again by law and without notice of default) fixed compensation amounting to 10% of the invoice amount as damages, with a minimum of 75 euro. 

14.2.2 For private memberships: If a private main account does not respond to the initial reminder as stipulated in art 14.1, interest and fixed compensation shall be charged 14 days after the reminder was sent. Interest charges shall amount to 10.5% per annum of the balance due, in addition to the legally defined fixed compensation which is calculated as follows (in accordance with the Act dated 4 May 2023 – concerning the inclusion of book XIX “Consumer’s debt” in the Code of Economic Law) : 

• • If an amount up to € 150 is due: €20. 
  • If an amount between € 150.01 and € 500 is due: € 30 + 10% of the amount due in the band between € 150.01 and € 500. 
  • If an amount is due in excess of € 500: € 65 +5% of the amount due in the band in excess of € 500, with a maximum of € 2,000. 

15. Complaints

Any complaint must be written and submitted in a timely manner to Blue-mobility, Provinciestraat 53, 2018 Antwerp (Belgium) or by e-mail to info@blue-bike.be stating “Complaint” in the subject of the e-mail. 

Complaints filed within one month of the date of the incident giving rise to the complaint shall be deemed timely. Blue-mobility shall provide a written response within four calendar weeks for complaints submitted in writing or shall communicate the reasonable time required for response to the Membership Holder or Blue-bike Voucher Holder within the same period. This may also include a request for further information and the submission of more precise supporting documents, which, in Blue-mobility’s judgement, are necessary for response. If the Parties fail to reach an agreement on the resolution of the complaint, the most diligent party may apply to the competent court in the district where Blue-mobility has its place of business.

16. Privacy policy

Blue-mobility respects the privacy of its Customers and, in this regard, always acts in accordance with the provisions of the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016 (GDPR)). 

By signing up for a Membership, Users consent to the processing of their personal data in accordance with the Privacy Policy which is available on the Blue-bike website (www.blue-bike.be/privacy-policy). 

17. Changes to the General Terms and Conditions

Blue-mobility NV reserves the right to change its General Terms and Conditions, prices and services depending on necessary future developments, changes in the bike sharing market, and the changing economic reality. Blue-mobility undertakes to inform Main Accounts of any changes in a timely manner. 

The holder of a Membership has the right to cancel its Membership as of the date on which the changed General Terms and Conditions come into effect, if these changed General Terms and Conditions alter the essence of the service and associated obligations to such an extent that the Customer cannot reasonably be expected to wish to continue using Blue-mobility’s service under such terms and conditions. 

Upon cancellation of the Membership, Article 5 shall remain in effect without delay: the early termination of the Membership by the Main Account cannot give rise to a refund of any annual membership fees already paid. 

18. Force Majeure

Blue-mobility is not responsible for loss, damage, default, or defects caused by events beyond its control, including connectivity problems, power outages, vandalism, riots, fires, floods, severe weather, explosions, epidemics, pandemics or a pandemic emergency, war, sabotage, government actions, changes in laws and regulations, administrative actions and other local rules. 

19. Applicable law and competent courts

These General Terms and Conditions are exclusively governed by and interpreted in accordance with Belgian law. No effect shall be given to any choice of law, conflict of law rule, or provision (whether of Belgian, foreign or international law) that would result in laws of another jurisdiction applying. This legal clause is without prejudice to mandatory consumer rights provisions. Any disputes arising from of or relating to this Agreement which cannot be amicably resolved by the Parties shall be subject to the exclusive jurisdiction of the courts of the Judicial District of Antwerp, Antwerp Division (Belgium). 

20. General

20.1. Should any provision of these General Terms and Conditions be found to be illegal, invalid, or unenforceable in whole or in part under any law, the provision shall be deemed not to form part of these General Terms and Conditions and shall not affect the legality, validity, or enforceability of the remainder of these General Terms and Conditions. In such case, Blue-mobility shall also make every effort to promptly and diligently provide a legally valid replacement provision. 

20.2. These General Terms and Conditions, along with the documents referred to in these General Terms and Conditions, constitute the entire agreement entered into between the Parties with respect to the subject matter hereof and contain everything agreed upon thereunder. It supersedes all agreements, communications, offers, proposals, or correspondence between the Parties concluded on the same subject matter or exchanged verbally or in writing, effectively rendering them void. 

20.3. Any waiver, assignment, or delegation of any condition, provision, right or permission granted under or pursuant to these General Terms and Conditions by the Main Account shall be deemed valid only if it is in writing and signed by Blue-mobility and only for the specific situation and purpose for which the respective waiver is made. Any attempted transfer without Blue-mobility’s prior written consent shall be deemed void. 

Blue-mobility NV may assign, transfer, or delegate its rights or obligations to a third party without prior consent of the Account holder. In that case, the Account holder has the right to cancel its Membership in accordance with the provisions of Articles 5 and 17 of these General Terms and Conditions. 

20.4. Blue-mobility’s failure or delay to exercise any right, power, or remedy provided by law or under these General Terms and Conditions shall in no way affect the continued exercise of such right, authorisation or remedy, nor shall it be deemed a waiver of such right, authorisation or remedy. The sole or partial exercise of any right, power, or remedy provided by law or under these General Terms and Conditions does not preclude any other or further exercise of any other right, power, or remedy. A violation of any provision of this agreement shall only be without effect following explicit written confirmation by Blue-mobility.