Terms & Conditions v2

For current applicable general terms and conditions, click here.

Effective from the release of version 2.0.0 of the Blue-bike App, these terms and conditions will come into force.

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

The use of a share bike implies that the User has taken note of these General terms and conditions and accepts them without any reservations.

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 email 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

2.1. Definitions regarding forms of access

User 

Any natural person using a Blue-bike.

Blue-bike account 

When a natural person or legal entity (represented by an authorised natural person) concludes a contract with Blue-mobility, Blue-mobility creates a Blue-bike account which will provide access to our services.

Any person who has reached the age of 18 may create an account.

In case of a legal entity (business account), multiple sub-accounts can be registered that are linked to this legal entity, which is the liable party for all uses linked to these sub-accounts. In case of multiple accounts, the first account created is assigned an administrator role (“administrator account”). All costs associated with the use of all accounts linked to one legal entity shall be invoiced to the legal entity in accordance with the details linked to the administrator account.

More than one administrator account may be linked to a legal entity. The terms and modalities relating to this are explained in our User guide.

When the term “account holder” or “administrator account” is used in these General terms and conditions in the context of a business account, it implicitly refers to the legal entity to which these accounts are linked.

Blue-bike pricing formulas

Account holders can rent Blue-bikes using different pricing formulas, i.e. single tickets, membership or subscription.

The account holder will be able to choose from the payment options offered through the app (card, SEPA direct debit, invoice, etc.) depending on their profile (i.e. business or consumer).

Several pricing formulas are available. If the account holder is linked with a legal entity, as administrator they can choose the pricing formula for all accounts they manage:

Membership

A membership implies a recurring limited fixed membership cost combined with a variable ride fare (depending on location, duration, type of bike and any other criteria).

Membership entitles the account holder to use a Blue-bike for the term of Membership.

If the account holder is a natural person, they can only sign up for a private Membership.

If the account holder is linked with a legal entity, they can only opt for a business Membership. The administrator account linked with the legal entity can enter into business memberships for the other accounts linked with the same legal entity, or use other pricing formulas (Ticket or Member Plus – see below).

The cost of Membership is set out in the Fare Schedule in the app and at www. blue-bike.be.

Blue-bike subscription

The membership formula can be upgraded to a “Member plus” subscription formula which provides an unlimited number of rides for a fixed monthly rate, according to the commercial and terms of use found in the app and at www. blue-bike.be.

Blue-bike Ticket 

A Blue-bike ticket allows a once-off rental of a bike to an account holder at a given price for an individual ride (depending on duration, type of bike, location and any other criteria) – with no fixed cost.

Fixed-fee formulas (membership and subscription) have a term chosen by the account holder. At the end of this term, the chosen pricing formula is automatically renewed for the same term. These formulas can be terminated at any time after which the services remain accessible until the end of the chosen term (fixed costs already paid are not recoverable). Termination of a chosen pricing formula does not imply deletion of the account. If an account is deleted by the account holder, it is no longer possible to log into the app.

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, etc., among others. The voucher is presented to the User in the form of either a numerical code or a QR code. These codes allow users to unlock a digital lock or to obtain a physical key through a key dispenser.

A voucher entitles the holder to use a Blue-bike in accordance with these General terms and conditions. Blue-bike issues separate types of vouchers for the rental of electric or non-electric bikes.

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

The User does not need an account to use a voucher. By using a voucher, the User agrees to these terms and conditions without any reservations.

A voucher for an electric bike can also be used for a non-electric bike without, however, recovering the additional cost of the voucher that is charged for an electric bike.

All possible additional costs linked to the rental, such as but not limited to additional costs for extended trips, loss, theft or damage caused by an act or negligence of the User, shall be charged by Blue-mobility to the legal entity by whom the voucher was purchased. Blue-mobility reserves the right to recover these costs jointly and severally from both the legal entity linked to the administrator account and the User.

In certain circumstances, vouchers may also be provided to users by Blue-mobility as part of commercial promotions. If applicable, the User shall be liable for all incidental additional charges for extended trips, loss, theft, damage or other surcharges.

Blue-bike MAAS Ticket 

Blue-mobility has concluded contracts with several Mobility-as-a-Service (MaaS) providers, enabling the MaaS Provider to sell Blue-bike MaaS tickets to its customers.

A Blue-bike MaaS ticket gives MaaS customers the right to use a Blue-bike in accordance with the General terms and conditions.

MaaS tickets have a limited period of validity that may vary depending on the MaaS Provider.

The MaaS Provider collects all possible additional costs linked to the rental, such as but not limited to additional costs for extended rides, loss, theft or damage caused by an act or negligence of the User at their customer.

Members, purchasers of tickets, and users of vouchers or Maas-tickets can be jointly and generally defined as customers of the services offered by Blue-mobility in these General terms and conditions. When the term “account holder” or “administrator account” is used in these General terms and conditions in the context of a business account, it implicitly refers to the legal entity to which these accounts are linked.

2.2. Blue-bike / Blue-bike share bike

Bike rented by Blue-mobility at a Blue-bike location. The provided rental technology may vary from location to location, and can be consulted in the app. Blue-mobility offers both e-bikes and non-electric bikes. Where the distinction is not relevant, the term Blue-bike is used in the terms below.

2.3. Blue-bike location

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

A location always belongs to a particular fare zone. Fare zones may have different ride fares for the pricing formulas offered. The applicable ride fare can be consulted in the app at all times, prior to the start of the ride.

A location can also be part of a “Back-2-many” zone, where the ride can be terminated at another location in the same zone at no additional cost/surcharge. Whether a location belongs to a Back-2-many zone or not can be consulted in the app. In the following cases, a surcharge applies when terminating a ride:

A – If a ride is started at a start location that is not part of a Back-2-many zone and ends at a location other than the start location.

B – if the ride is terminated in a location that falls in a different Back-2-many zone than the one where the ride was started.

2.4. Blue-bike app

Blue-mobility’s mobile application that can be downloaded for free from the Google Playstore or the iOS 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 best-effort commitment, Blue-mobility aims 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 start and stop 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, which means you may not be able to use the Blue-bike app.

The Blue-bike app allows all necessary actions to be taken for the immediate use of a Blue-bike – i.e., an account can be registered, pricing formulas chosen and payment method selected.

2.5. My-Blue-bike application:

The secure Internet pages under my.blue-bike.be, where each account holder can access their Blue-bike account. A number of administrator functions are provided to the administrator of a legal entity in this platform.

3. Account registration, terms and termination

3.1. Blue-mobility may refuse registrations from new users at any time, without stating a reason and at its sole discretion. Blue-mobility may, in the event of any default of payment or abuse by the account holder or users linked to the account, unilaterally delete the account (as well as any other accounts linked to it).

2.3. An account is created using the app. Account creation is completed and ready for use only when the selected payment modalities have been validated by Blue-mobility and the account applicant has confirmed their email address via the link in an automated email from Blue-mobility.

By accepting the General terms and conditions, the account holder certifies that the information provided in the application is true, complete, correct, and up-to-date to the best of their knowledge and that such information is in no way incomplete or distorted.

Failure to comply with this information obligation is explicitly considered a serious breach of these General terms and conditions and entitles Blue-mobility to immediately suspend or temporarily block the account in question and, by operation of law, to demand fixed damages of EUR 225. Blue-mobility reserves the right to recover these damages jointly and severally from both the legal entity linked to the administrator account and the User. In addition, Blue-mobility reserves the right to recover the actual damages suffered as a result of a breach of the information obligation jointly and severally from both the legal entity linked to the administrator account and the User.

3.3. Changes in the terms and conditions, pricing or in the rental technologies and Blue-bike locations offered, as well as the early discontinuation, if any, of a chosen pricing formula, can in no way give rise to a refund of any pricing formula already purchased or fixed charges already paid, nor of amounts due for rides still in progress or not paid for. All pricing formulas are charged at the rates applicable on the day of activation, rides are always charged at the rate applicable on the day the ride is started.

3.4. A business account can be requested by employees of companies, public bodies and organisations, who are authorised to do so as legitimate representatives of the company, public body or organisation in question. If this person applying for the account turns out to not be the legitimate representative of the company, public body or organisation in question, and the company, public body or organisation in question disputes the validity of the account or the pricing formulas attached thereto/selected for this reason, all costs incurred by Blue-mobility as a result of this shall be recovered from the natural person who had applied. However, Blue-mobility reserves the right to recover these costs jointly and severally from the legal entity in question (the company, public body or organisation in question, etc.) if it appears that Blue-mobility could reasonably believe that the employee in question was authorised or was a legitimate representative of such legal entity.

3.5. Any promo code applicable to one or more of the offered pricing formulas, offered by Blue-mobility or a partner organisation contracted to Blue-mobility may only be used during the first year in which such pricing formula is entered into. In any case, an account holder can apply only one promo code per account and chosen pricing formula, even if they were to have multiple promo codes (from different partner organisations) from Blue-mobility.

3.6. As described under 2. Definitions – Blue-bike account, the chosen pricing formula is automatically renewed for the same time period as the expiring period, according to the General terms and conditions and the Fare Schedule applicable at the time of renewal. This renewal occurs automatically, unless Blue-mobility on the one hand, or the account holder on the other hand, explicitly terminates it the day before the expiration date of the chosen pricing formula at the latest. The account holder can terminate pricing formulas via my.blue-bike.be or the blue-bike app. Upon termination by Blue-mobility, the account holder shall be notified at the email address provided when signing up for the membership.

4. Right of withdrawal

4.1. If the account holder is linked to 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.

4.2. If the account holder is a natural person acting for purposes outside the scope of their commercial, industrial, artisanal, or self-employed activity, said person has a right of withdrawal of 14 days starting from the date on which they signed up for the chosen pricing formula. However, in accordance with Article VI.53, 1° of the Economic Law Code, the account holder loses this right of withdrawal if the Blue-bike services were used at the time that they assert their right of withdrawal.

To exercise this right of withdrawal, the account holder must notify Blue-mobility of their decision before the expiration date of the withdrawal period. The account holder may send an unambiguous statement for this purpose to effectively cancel the account.

The statement should be sent to info@blue-bike.be, clearly stating ‘herroeping’ (withdrawal) in the subject header.

5. Services and applicable conditions offered by Blue-mobility under the Blue-bike brand

5.1. Blue-mobility makes Blue-bike share bikes available to Users at Blue-bike locations.

Users can unlock these share bikes using a rental technology. Blue-bike may use different rental technologies – either unlocking a digital lock via the app, or unlocking a frame lock with a physical key provided through a key dispenser using the Blue-bike or Mobib card. The rental technology offered may vary depending on the location. E-bikes are always equipped with digital locks and can only be used through the app.

5.2. Blue-bikes can only be taken at Blue-bike locations and must also be returned to a Blue-bike location. When a bike is rented, Blue-mobility records the start of a ride at the location where the bike was taken. The ride can be ended by ending the ride in the app at a Blue-bike location or by returning the key to a dispenser. The rental technology used determines how the ride is ended. A ride on a Blue-bike with a key lock can only be terminated at a location with a key dispenser. A ride on a Blue-bike with a digital lock can only be terminated by using the app.

5.2.1. The price of the ride is determined according to the chosen pricing formula, the type of bike (e-bike or non-electric bike) the start and end location of the ride and the time between the start time and the end time.

During a ride, the User can pause the ride and lock the bike. This does not interrupt the duration of the ride.

5.2.2. Blue-bike distinguishes between locations that belong to a fare zone and those that do not belong to a zone. If the location where a ride is started belongs to a fare zone, the fares of the fare zone apply to the cost depending on the ride duration, the type of bike and the User’s formula. If the start location does not belong to a fare zone the national fare applies.

5.2.3. When renting a Blue-bike at a location in a Back-2-many 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. The possible applicability of surcharges when terminating a ride is explained in more detail under “Blue-bike location”.

5.2.4. Blue-mobility does not guarantee that e-bikes will always be available at locations where e-bikes are offered. In its goal of always having bikes available at all rental locations, Blue-mobility does not take into account the type of bike. The number of available bikes can be accessed in the Blue-bike app by type.

5.3. For users who experience technical problems when renting a bike 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 will contact the User who sent the SMS as soon as possible to provide support.
If the User cannot continue the ride due to a bike defect and is at least 1.5 km from the rental location, they can make use of Ethias’ roadside bicycle assistance free of charge according to the conditions and modalities specified on the Blue-bike website. https://www.blue-bike.be/nl/ethiasbijstand

If the User does not use Ethias’ breakdown assistance services, Blue-mobility will recover the additional costs for collecting the bike 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.

5.4. With any chosen pricing formula, two Blue-bikes can be rented at the same time at any time. Renting a second Blue-bike is always payable (even within the Member Plus pricing formula) under the conditions provided in the fare schedule and at www.blue-bike.be.

5.5. The nature of the service, i.e. “share bike”, implies that a Blue-bike is preferably rented for shorter periods (typically < 72 hours). In the absence of a response from the User after being contacted by Blue-mobility, Blue-mobility reserves the right to collect bikes exceeding the 7 calendar day rental period and returning them to the start location. The costs associated with this, plus any repair costs, shall be payable by the account holder to Blue-mobility.

5.6. If the User is still using the bike after 14 or more days after the first rental day, the fixed surcharge as specified in the fare schedule shall be unambiguously payable by operation of law by the account holder 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 bike or third parties or resulting from transport may be charged in addition to these costs. In addition, this constitutes a serious breach of these General terms and conditions and entitles Blue-mobility to immediately suspend or temporarily block the account in question and to charge fixed damages as specified in our Fare Schedule by operation of law. Blue-mobility reserves the right to recover these damages jointly and severally from both the legal entity linked to the administrator account and the User. (See Fare schedule available on the website www.blue-bike.be) This is without prejudice to Blue-mobility’s right to also recover the actual damages suffered from both the legal entity linked to the administrator account and the User.

6. Invoicing and payment for services provided by Blue-bike

6.1. Invoicing and payment modalities for a private account:

With regard to their account, account holders can specify in the app which payment instrument they wish to use from the Adyen nv in-app payment options offered by Blue-mobility.

New private accounts created from app version 2.0.0 or later  will only be able to choose payment options where all costs are paid directly through Adyen – and cannot opt to pay by monthly direct debit.

Private accounts created before app version 2.0.0  can continue to use the existing monthly direct debit until such time as these account holders decide to change the payment method. If payment is made by direct debit the cost of the rental will be charged and invoiced once a month.

The account holder authorises Blue-mobility to collect all costs through its specified payment instrument in the form of a subscription service, without further authorisation per individual transaction.

All amounts due will be collected immediately by transaction via the specified payment instrument.

Blue-mobility also reserves the right to collect any additional charges resulting from the use of our services through the specified payment instrument.

If the account holder uses this payment option, the rental charges are recorded once a month and the amount to be debited refers to the previous month’s usage. Amounts are collected automatically through the specified account number after receiving the monthly invoice.

Account holders paying through Payment Service Provider Adyen also receive a monthly invoice by way of summary. Amounts collected through Adyen will be deducted from the outstanding balance of the invoice.

If for any reason the amounts due cannot be collected through the Payment Service Provider, Blue-mobility reserves the right to temporarily block the relevant account and collect the amounts through another means.

If a valid promo code is used, Blue-mobility shall automatically deduct the amount granted as a discount from the fixed costs for the “Member” or “Member plus” pricing formulas, and/or the ride amount.

6.2. Invoicing and payment modalities for business accounts:

6.2.1. Business accounts can choose payment by transfer, payment by direct debit or other Adyen nv in-app payment options offered by Blue-mobility. All costs are recorded and confirmed (to the account holder and/or User) on a transaction-by-transaction basis.

If a payment option made available through Adyen is used, the costs are collected immediately.

If for any reason the amounts due cannot be collected through the Payment Service Provider, Blue-mobility reserves the right to temporarily block the administrator account and all other accounts linked to the same legal entity and collect the amounts by other means.

In case of payment by invoice or direct debit, the administrator account receives a monthly invoice listing all amounts due for use of the services by the administrator account and all other accounts linked to the same legal entity, as well as for any vouchers ordered.

6.2.2. Prior to the monthly collection of amounts due, Blue-mobility sends an invoice. If the business account 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.

6.3 Late payment by the account holder

6.3.1. Late payment is when the account holder fails to pay by the date indicated on the invoice or statement, according to the applicable payment method. If the account holder fails to pay, or the direct debit cannot be collected, Blue-mobility will send a reminder. Regardless of the payment method chosen, this amount must be paid by transfer.

After receiving the reminder, the account holder is obliged to remedy the situation within 14 business days. If the situation is not remedied within this period, Blue-mobility reserves the right to block the account.

6.3.2. Reminder costs

6.3.2.1. For Business accounts: Payments received after the first summons shall by operation of law and without notice of default give rise to an interest set at 2.5% per month, as well as (also by operation of law and without notice of default) a fixed fee of 10% on the invoice amount by way of damages, with a minimum of EUR 75.

6.3.2.2. For private accounts: If no action is taken by the private account following the first reminder as specified in Art 6.3.1., interest and fixed damages will be charged after 14 days following the sending of this reminder. Interest will be recovered to the amount of 10.5% per year of the balance due, in addition to the legally determined fixed fee that is calculated as follows (in accordance with the Act of 4 May 2023. – relating to inclusion of Book XIX “Consumer Debts” into the Economic Law Code):

If an amount up to €150 is outstanding: € 20.

If an amount between €150.01 and €500 is outstanding: € 30 + 10% of the amount due on the bracket between € 150.01 and € 500.

If an amount over €500 is outstanding: € 65 + 5% of the amount due on the bracket higher than €500, up to a maximum of €2,000.

7. Obligations of Blue-mobility

7.1. Blue-mobility undertakes at all times to ensure, with due care and attention and to the extent of what is feasible, the availability of a Blue-bike share bike at any Blue-bike location. This standard implies a best-effort commitment on the part of Blue-mobility.

However, our services may not be available 24/7. Situations may arise in which 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 Blue-mobility’s legitimate interests such as, but not limited to: continuity of the services, proper operation of the service and infrastructure, etc.

Blue-mobility is not responsible and can in no way be held liable for any indirect damages that the Blue-bike User may incur as a result of the temporary unavailability of Blue-bike share bikes at any Blue-bike location, or of the bike rental technology.

7.2. Blue-mobility ensures that the User is supplied with a Blue-bike share bike that is in a good and safe condition and meets the legal requirements.

7.3. Blue-mobility aims 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 ensures that batteries of e-bikes are charged regularly. The distance indicated by any given battery level is indicative only. Blue-mobility can in no way be held liable that the full indicated distance cannot be covered with support as it may vary depending on external conditions such as temperature, wind, weight of the rider, slopes on the route, etc. Blue-mobility does not guarantee that e-bikes will always be available with a fully charged battery.

8. Obligations of the Legal entity linked to a business account:

The legal entity linked to a business account is unequivocally legally and financially liable vis-à-vis Blue-mobility.

If the account holder is not the User of Blue-bike, it acts as guarantor for the User and is fully liable vis-à-vis Blue-mobility, both for the cost of the rental and for any non-compliance with the obligations by the User, and in particular those specified 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 performs a simple visual inspection of the bike and reports 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, a User may report defects via email (info@blue-bike.be) or SMS (8686).

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

9.3. After using a Blue-bike share bike fitted with a digital lock, the User must return the bike to a Blue-bike location, close the digital lock via the app, physically lock the bike and end the ride in the app. The User must leave the Blue-bike in the same condition of operation in which they received it. They are presumed to have received it in good condition and to have used it with due care and attention.

9.4. The Blue-bike User is entitled to return the bike free of charge, within four minutes of receipt to the Blue-bike location where the bike 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 bike.

9.5. The Blue-bike User uses the bike with due care and attention. This includes respecting traffic laws and the highway code, not endangering themselves or others, and only using the Blue-bike on suitable terrain/surfaces. The Blue-bike may not be used for racing, mountain-biking, stunts or tricks, nor to cycle 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 equipped with a key lock, the frame lock mounted on the bike for this purpose shall be closed and, where possible, the chain provided is secured to a fixed object in accordance with regulations. For bikes equipped with a digital lock, the ride shall be paused in the app after which the frame lock of the digital lock that has been mounted on the bike must be closed. If the Blue-bike is found unattended and unlocked, it may be confiscated by Blue-mobility or one of its agents. The account holder shall be notified of this as soon as possible and any associated costs shall be charged to the account holder.

9.7. Blue-bike users are strictly prohibited from making any changes to the bike. Dismantling, altering or manipulating parts, with the exception of the saddle height, are a serious violation of these General terms and conditions and entitles Blue-mobility to immediately suspend or temporarily block the account in question and, by operation of law, to charge fixed damages to the amount of EUR 225. Blue-mobility reserves the right to recover these damages jointly and severally from both the account holder/legal entity linked to the account and the User. This is without prejudice to Blue-mobility’s right to also recover the actual damages suffered from both the account holder/legal entity linked to the account and the User.

9.8. The Blue-bike is used exclusively by one person and therefore may not transport other persons on the Blue-bike.

9.9. A Blue-bike User may be a minor, provided they are at least 14 years old and use of the bike 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, the account holder will be held liable for any damages against anyone that may result from this unlawful use. In addition, this constitutes a serious breach of these General terms and conditions and entitles Blue-mobility to immediately suspend or temporarily block the account in question and to charge, by operation of law, fixed damages of EUR 225. Blue-mobility reserves the right to recover these damages jointly and severally from both the account holder/legal entity linked to the account and the User. This is without prejudice to Blue-mobility’s right to also recover the actual damages suffered from both the account holder/legal entity linked to the account and the User.

The Blue-bike User certifies that they are in good physical condition and meet all legal requirements to ride the Blue-bike.

9.10. If the User chooses to use the mobile 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 mobile phone resulting from the use of the mobile phone holder.
– that use of the mobile phone holder is at the User’s own risk.

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

9.11. When using an e-bike, it is the User’s responsibility to verify at the start of the ride that the battery level is sufficient as a function of the distance of the ride the User has in mind.

9.12. When using an e-bike, the User is not allowed to charge the battery or have the battery charged by a third party.

9.13. Use of an e-bike implies accepting the peculiarities linked to “electrification”. This includes, but is not limited to: following the applicable traffic rules at all times, using appropriate speed, steering carefully, and walking with the bike, etc. according to traffic conditions.

10. Blue-bike share bike damage and repairs, loss and theft

10.1. For any case of damage to the Blue-bike during the period of use, both the account holder/legal entity linked to the account and the User are jointly and severally liable. Blue-mobility notifies the account holder in writing by email of the nature of the damage and the total cost of repair. The account holder has seven days to submit any objections to the claimed amounts. If the account holder fails to respond, Blue-mobility shall charge the account holder for the total cost of repair.

10.2. With the exception of repairing a flat tyre, Blue-bike Users are strictly prohibited from carrying out any repairs to the Blue-bike themselves or having repairs carried out by a third party. Any repair prohibited by this provision or any non-compliant repair will be charged to the account holder. It also constitutes a serious breach of these General terms and conditions and entitles Blue-mobility to immediately suspend or temporarily block the account in question and to charge fixed damages as specified in our Fare Schedule by operation of law. Blue-mobility reserves the right to recover these damages jointly and severally from both the account holder/legal entity linked to the account and the User. (See Fare Schedule available at www.blue-bike.be)
This is without prejudice to Blue-mobility’s right to also recover the actual damages suffered from both the account holder/legal entity linked to the account and the user.

10.3. The account holder must report any defect or damage to the Blue-bike detected during the ride to Blue-mobility as soon as possible in the manner described in 9.1.

10.4. In case of loss, theft, or damage to the Blue-bike card or MOBIB card, the account holder must block the card on my.blue-bike.be within three calendar days, or notify Blue-mobility  by email (info@blue-bike.be) to allow Blue-mobility to block the Blue-bike card. Failing this, the account holder shall be deemed fully liable for the consequences of any use of this card as specified in Articles 8 to 11 of these General terms and conditions.

The account holder or the linked entity pays the replacement cost of the Blue-bike card according to the Fare Schedule.

10.5. In the event of loss or theft of the Blue-bike, the account holder or the linked legal entity shall be liable for all damages incurred by Blue-mobility as a result, at least to the extent of the amounts specified in the Fare Schedule per incident and per Blue-bike, during the entire duration of the rental of the bike. If the actual damages suffered by Blue-mobility exceed the amounts specified in the Fare Schedule, Blue-mobility reserves the right to recover such damages jointly and severally from both the account holder/the account’s linked legal entity and the User.

10.6. However, in the event of theft, the account holder or linked legal entity shall only be responsible to the extent of the amount in accordance with the “excess” as specified in the Fare Schedule, if they can prove they locked the Blue-bike with the frame lock mounted on the bike. For a bike equipped with a key lock, the User must return the key of the bike to Blue-mobility by sending the key by registered post to Blue-mobility’s headquarters.  For a bike equipped with a digital lock, the User must have paused the bike in the app and this action must be obvious 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 ongoing 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 account holder shall pay the replacement cost of the key according to the Fare Schedule.

11. Complaints

Any complaint must be submitted in due time and in writing to Blue-mobility, Provinciestraat 53, 2018 Antwerp or by email to info@blue-bike.be with specification of “Klacht” (Complaint) in the subject of the email.

Complaints filed within one month of the date of the incident giving rise to the complaint shall be deemed to be in due time. With regard to complaints submitted in writing, Blue-mobility provides a written response within four calendar weeks or communicates to Blue-mobility within such period the reasonable time required for response. 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, either party may apply to the competent court in the district where Blue-mobility has its place of business.

12. 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 an account, 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)

13. 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 share bike market, and changing economic reality. Blue-mobility undertakes to inform account holders of any changes in due time.

The account holder has the right to cancel their account or a related pricing formula 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.

In the event of such termination of the account or any associated pricing formula, Article 3.3 shall continue to apply without delay.

14. 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 measures, changes in laws and regulations, administrative actions and other local rules.

15. Applicable law and competent courts

These General terms and conditions shall be governed exclusively by and interpreted in accordance with Belgian law. No effect is given to any choice of law, conflict of law rule or provision (of Belgian, foreign or international law) that would lead to a different interpretation of this agreement. This legal clause does not affect mandatory provisions regarding consumer rights. Any disputes arising from 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).

16. General

16.1. Should any provision of these Terms and Conditions be found to be illegal, invalid or unenforceable in whole or in part under any law, that 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 the General terms and conditions. In such case, Blue-mobility shall also make efforts to promptly and in good faith arrive at a legally valid substitute provision.

16.2. These General terms and conditions, as well as the documents referred to in these General terms and conditions, constitute the entire agreement reached between the Parties with respect to the subject matter hereof and contain everything agreed upon. It replaces and annuls all agreements, communications, offers, proposals or correspondence between the Parties concluded on the same subject matter or exchanged orally or in writing.

16.3. Any waiver, assignment, or delegation of any condition, provision, right or permission granted under or pursuant to these General terms and conditions by the account holder 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 Blue-bike account holder’s prior consent. 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.

16.4. 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 exclude any other or further exercise of any other right, authorisation, or remedy. A violation of any provision of this agreement shall only be without effect following Blue-mobility’s explicit written confirmation.