Terms and conditions

  1. Definitions

1.1 Terms and Conditions – Refers to these general terms and conditions applicable between GREENMOBILITY and the applicant and user of GREENMOBILITY for, amongst others, the registered account with GREENMOBILITY, reservation, use and payment of/for a City Car, whether or not via the GREENMOBILITY mobile app.

1.2 User – refers to the natural or legal person who has successfully registered with GREENMOBILITY and therefore created an account at GREENMOBILITY in order to be able to rent a City Car under certain conditions.

1.3 GREENMOBILITY – is the party who makes the City Car available for rental to the User. GREENMOBILITY is a trade name of Fetch Mobility BV, (registered in the Netherlands at Vonderweg 24, 7468 DC te Enter, KvK nr.:72871237).– BTW: NL859268184B01

1.4 City Car(s) – Refers to any car or fleet of cars made available to User by GREENMOBILITY, subject to conditions.

1.5 Rental Agreement – is the agreement to rent a City Car, to which these general terms and conditions apply.

1.6. Rental Period – Refers to the period from when the User unlocks the City Car until when the User ends the rental via the mobile app.

1.7 Price List – Refers to the most recent price list applicable at any time the City Car is used or rented and thus the Rental Period begins. This can be found on the GREENMOBILITY website: www. https://www.GreenMobility.com/nl/en/

1.8. Zone – Refers to the area defined by GREENMOBILITY within which it is possible to start and end the Rental Period and which appears on the mobile app and on the website. Parking of the City Car at the end of the Rental Period must therefore take place within the Zone, in accordance with the conditions applicable at the car park. Only when parking in the parking spaces within the Zone and in accordance with the conditions applicable to the specific parking space can the City Car be parked and left locked without forfeiting any fines or other additional costs.

1.9 GREENMOBILITY website – The applicable part of www.GreenMobility.com, specifically targeted at the Dutch service area.

  1. General

2.1 GREENMOBILITY reserves the right to change these Terms and Conditions and the Price List from time to time and to publish them on its website. If GREENMOBILITY makes substantial changes to the Terms and Conditions or the Price List to the detriment of the User, the User will be required to accept the changed Terms and Conditions prior to the commencement of a new Rental Period.

2.2 GREENMOBILITY reserves the right to immediately block access to the use of a City Car and to keep it blocked in case of (any suspicion of) violation of these Terms and Conditions, (any suspicion of) abuse, fraud or other improper acts by/of User or persons who have access to User’s identification data, to be judged solely by GREENMOBILITY, or if the merits of the case demand it. This also applies in case User allows another person than User to drive a City Car. User may be liable for fines for non-compliance with these Terms and Conditions. In addition User must compensate GREENMOBILITY for any damage suffered as a result of a violation of the Terms and Conditions or the law, and User is liable for any administration costs according to the Price List.

  1. Customer relationship

3.1 By registering with GREENMOBILITY, the User acknowledges having entered into a binding electronic agreement with GREENMOBILITY, and that the User is thus bound by these Terms and Conditions.

3.2 Upon registration:

  1. the User must be at least 18 years of age.
  2. Must hold a valid driving license issued by a country member of the European Economic Area or Switzerland for at least 12 months and verified by GREENMOBILITY in accordance with the provisions of the Privacy Policy;.
  3. Must use a valid payment method with a readily available amount sufficient to pay for the Rental Period and any additional charges such as risk of damage.

3.3. A User can only reserve, drive and pay for a City Car as long as this User continues to comply with all the requirements and obligations of these Terms and Conditions. A User may therefore never let a third party rent a City Car under his account or drive it or allow a third party to drive it. This under penalty of a fine.

3.4 Upon registration user obtains login information. These are a username (e-mail address) and password that gives him/her access to functions and (personal) information in the GREENMOBILITY app (such as reserving a City Car or viewing and changing personal data). These login details of the User are personal and may only be used by the User him/herself. User must keep the login details and any other codes, such as the login code of the phone itself, secret. User agrees to immediately change the password used to access the GREENMOBILITY account if GREENMOBILITY requests so. In the event of unauthorized use of a login and/or account, the User will be liable for compensation in accordance with the Price List as published on the GREENMOBILITY website. and any other indirect costs. Both User and driver are jointly and severally liable for all costs including damages regardless of insurance.

3.5 User should inform GREENMOBILITY of any changes in the (personal) data provided by him to GREENMOBILITY, via the website, app or helpdesk for example via [email protected] This also applies to the unauthorized driving of a car, for example, by withdrawal or suspension of the driving license. If the data provided is demonstrably incorrect (e.g. incorrect e-mail address), GREENMOBILITY reserves the right to temporarily suspend the use of a City Car or deactivate the User’s account.

3.6 User may only use the User’s own information when creating and later changing his/her login/profile. Also, the User is not allowed to use driving license, credit card or contact information of others. The User must ensure that all information about the User is up-to-date at all times. The User’s information can be updated via the GREENMOBILITY website, the mobile app or customer service at any time.

3.7 A maximum of one User can be created per driving license. Repeated attempts to create more Users with the same driving license may result in permanent blocking. Special conditions apply for business driving/profiles with an approved commercial and/or business agreement.

3.8 Upon registration, User authorizes GREENMOBILITY to verify personal information provided by User via her partners as listed on the GREENMOBILITY website. If there are credit reports or discrepancies between the information provided by the User and the official information, GREENMOBILITY reserves the right to refuse the registration of the customer. If such credit reports or discrepancies arise during the contractual relationship, this shall be considered a breach of these Terms and Conditions.

3.9 If the User does not use GREENMOBILITY City Cars for 90 consecutive days, GREENMOBILITY reserves the right to deactivate the User and the User must re-register.

3.10 It is the responsibility of User to keep the smartphone, the use of the GREENMOBILITY app, all (access) codes and identification data safe and secret.

3.11. The User is obliged to report the loss or theft of his/her smartphone with the GREENMOBILITY app, or a suspicion of misuse of the app, immediately to GREENMOBILITY (via the website or by telephone to Customer Services), so that GREENMOBILITY can block the app and prevent (further) misuse. GREENMOBILITY is free to block the user account of the User if the GREENMOBILITY app is used from multiple phones, including during a ride.

  1. Price and Payment

4.1 If these Terms and Conditions are correctly applied, GREENMOBILITY only has to be paid for the use of the City Car per Rental Period. The User agrees to pay the prices and penalties as stated in the Price List on GREENMOBILITY’s website. The rental price for use of a City Car consists of a time-dependent portion and a distance-dependent portion. The time-based part of the price is displayed in the GREENMOBILITYapp for each reservation and for each use. The distance dependent part of the price shall be included in the total price per trip and specified on the invoice from GREENMOBILITY to User. User agrees to pay fines and other costs charged to GREENMOBILITY due to e.g. wrong parking. These can be charged separately from the ride price of the Rental Period with separate invoices. The administrative data of GREENMOBILITY shall be decisive in this respect. All offers and tariffs are indicative only. The Price List is leading.

4.2. Payments of the User shall be made in accordance with the User’s chosen method of payment. These consist of direct debit from the credit card or subsequent payment (via e-mail with payment link or, in due course, directly in the app) via one of the supported payment methods. In doing so, GREENMOBILITY will make use of the services of third parties. The conditions of those third-party services apply to these Terms and Conditions and therefore also to the use of a City Car. For example, User must keep any codes associated with payments secret.

4.3 The place of payment is our registered office.

4.4. The User never has the right to proceed to set off debts against GREENMOBILITY. Nor does the User have any right to retain City Car(s) from GREENMOBILITY until the satisfaction of his counterclaims.

4.5 Any invoice which remains unpaid on its due date shall automatically and without prior notice incur interest for delay of 1% per month, calculated from the due date of the invoice until the date of full payment, without prejudice to the right of GREENMOBILITY to claim damages.

4.6 Any invoice that remains unpaid on its due date will be increased by way of fixed damages by 15%, with a minimum of EUR 50.00 and may also be increased by an indemnity for damages demonstrated by GREENMOBILITY.

4.7 The total or partial non-payment of an invoice on its due date will result in all other amounts and non-paid invoices becoming immediately payable. In the event that any invoice remains unpaid, GREENMOBILITY shall be entitled to suspend new use of a City Car, whether or not already planned. Furthermore, to terminate or dissolve the agreement between the parties by blocking the GREENMOBILITY account.

4.8 An invoice must be protested within 8 days of receipt. Any subsequent complaint will be considered late and cannot be taken into account.

  1. Terms of payment

5.1 All GREENMOBILITY invoices received by the User must be paid immediately after the completion of the ride.

5.2 In case of non-compliance with these Terms and Conditions, GREENMOBILITY may apply reminder costs, charge penalties and damages and, if necessary, call upon the bailiff.

  1. The City Car

6.1 At the start of a journey the User confirms that the City Car is in good and legal order and has checked the brake, steering wheel, indicators and lights before starting to drive. Any complaint and/or damage not yet reported regarding the condition of the City Car must be reported to GREENMOBILITY prior to driving the City Car. In the absence of which damage may be attributed to the occupant, even if it is not established that the User caused the damage.

6.2 In certain cases the City Car is provided with a child seat. Child seats may only be used on the back seat. Whether and how the child seat is used on the back seat is solely up to the User. User is responsible for correct and legal installation of a child seat. Equipment must not be removed from the City Car.

6.3 The User confirms having been informed that all City Cars are equipped with a satellite tracking system.

6.4 Stickers or other ornaments shall not be removed from the City Car. Stickers or other ornaments shall also not be added. If the stickers or parts thereof are removed the User shall pay GREENMOBILITY’s costs to replace them.

6.5 The City Car may not be used for:

  1. The transport of passengers or goods for payment, directly or indirectly.
  2. Unpaved road.
  3. Any form of motor sport competitions, rallies, demonstrations, driving courses or test drives.
  4. Transportation of goods causing unpleasant odours or unusual wear and tear.
  5. Transportation of dogs or other pets.
  6. Transportation of more passengers than there are safety belts in the City Car.
  7. For transport of small children, unless proper use is made of a compulsory child seat or booster seat on the rear seat.

6.6 It is forbidden to:

  1. Deliberately cause damage to the City Car or any road user, and road, including the emission of smoke or other odour;
  2. Use City Car under the influence of alcohol, drugs, medication or any other state of mind which may influence driving behaviour, or fail to cooperate in a test to investigate this;
  3. Discharging the battery of the City Car to such an extent that the City Car can no longer reach the nearest charging station. When the battery level reaches 5% the City Car will issue a warning about a low battery level and give instructions for charging facilities. In such case the User must charge the City Car immediately as the User becomes liable for the towing costs in accordance with the Price List.
  4. Smoking or allowing others to smoke in the City Car.
  5. To deactivate any airbag of the City Car.
  6. To carry out repairs or modifications to the City Car without the prior approval of GREENMOBILITY.
  7. Transferring the right to drive to a person other than the registered User. In the event of infringement the User will forfeit an immediately payable fine of € 1.000,- plus any further costs.
  8. Driving outside the borders of the Benelux and Germany and within these borders in accordance with local rules and legislation and instructions in the GREENMOBILITY app or website. Driving to Germany requires prior permission, which can only be obtained after contacting GREENMOBILITY’s customer service.
  9. Leaving the City Car in another country. If the City Car is left behind outside the borders of the Netherlands the User shall also be liable for the costs of bringing it back to the Netherlands.
  10. To allow the battery level of the City Car to drop to 0%. If the City Car has no power outside the Netherlands the towing costs shall also be charged to the User.
  11. overloading or loading without sufficient fuse and/or using it as a storage space (certainly not for foodstuffs);
  12. to use the City Car in any way whatsoever after termination of the use in the app;
  13. to use the City Car for the transportation of narcotics, illegal goods, explosives, flammable or explosive substances (including gas cylinders)
  14. to leave the interior of the City Car dirty and/or to leave waste or other goods in the City Car.

6.7 GREENMOBILITY reserves the right to repossess the City Car at any time and without explanation to the User, if GREENMOBILITY suspects that the City Car is being or has been used in violation of these Terms and Conditions. In this case the User is not entitled to a replacement car or financial compensation, and any transport is at the expense of the User.

6.8 If the police or any other public authority determine that the City Car has been used for illegal or improper purposes during the Rental Period, they have the right to confiscate the City Car immediately without the User being entitled to a replacement car or financial compensation. The User is responsible for any transport related to this. The User is further responsible for any damage GREENMOBILITY suffers as a result.

6.9 If GREENMOBILITY so requests, the User must immediately inform GREENMOBILITY where the City Car is parked at the end of the Rental Period.

6.10 GREENMOBILITY is not responsible when private objects are damaged, lost or forgotten during or after the Rental Period.

  1. Charging City Car

7.1. City Car contains charging instructions for the charging and completion of charging the City Car. User shall read and follow these instructions. This also means that occupant must connect the City Car with a charging cable in the boot to an approved public charging station in the prescribed manner. The City Car may also be charged at the charging stations set up by GREENMOBILITY and located in the car parks within the Zone.

7.2. If the City Car is charged at any other charging station than those mentioned above, the User will pay for the charging costs himself, is liable for the payment and cannot claim a refund from GREENMOBILITY. In these cases, the User will be liable for damages incurred through the use of other charging stations.

7.3 If the City Car charging cable or card is misused for charging anything other than the rented City Car, the User will be liable for a fee in accordance with the Price List and will be liable for damages resulting from this misuse. GREENMOBILITY reserves the right to report the User to the police for this kind of abuse.

7.4. The use of the charging key fob present in the City Car is free of charge insofar as this is used exclusively to pay for the electricity for the City Car. The charging key fob can only be used at public charging stations or charging stations reserved for GREENMOBILITY. If it is not possible to pay with the charging key fob, for example at a private or company charging station, the user will be charged for the costs of the charge. The use of the charging key ring for charging other vehicles is strictly prohibited. This is subject to a fine of € 250 per event. If it appears that the charging key chain has been misused at any time, for example for any other vehicle, the User will be required to reimburse GREENMOBILITY for all costs arising therefrom, at GREENMOBILITY’s discretion. The charging key fob should be left in the City Car, under penalty of a fine. The penalty amounts can be found on the Price List.

7.5. The User can earn free minutes for the next Rental Period by charging the City Car when the battery level is below a certain level at the end of the rental. Please refer to GREENMOBILITY.com for the specific battery levels and the amount of free minutes to be earned for each City Car once per day.

     8. The Rental Period

Start:

8.1 The User can reserve, open, drive and end a ride in the City Car of GREENMOBILITY only via the app of GREENMOBILITY. When reserving the City Car in the GREENMOBILITY app, the City Car will be reserved for the number of minutes the User chooses to reserve. After the reservation has been accepted the User will receive the exclusive right to use the reserved City Car. The reservation creates a Rental Agreement between User and GREENMOBILITY. The first 20 minutes of reservation are free of charge for each Rental Period per day. After 20 minutes User will be charged per minute that User holds the reservation in accordance with the Price List. The reservation and rental of a City Car does not include a cancellation right.

8.2 By means of the GREENMOBILITY app GREENMOBILITY provides a digital key to User and hereby grants the right to use a City Car per Rental Period, subject to these Terms and Conditions. Rights under or in connection with an agreement(s) or digital keys are not transferable. It is therefore not permitted to allow a person other than User to drive a City Car.

8.3. Rental Period shall commence after reservation accepted via the app. The City Car is unlocked with the GREENMOBILITY app. The User’s responsibility for the City Car starts at the same time.

8.4 Before using the City Car the User must inspect the cleanliness of the interior.

8.5 If the City Car is in such an unclean condition or is so damaged that the User does not wish to drive it, the User may contact GREENMOBILITY and the time taken for inspection will be credited.

8.6 If GREENMOBILITY assesses that damage or faults must be investigated or repaired before the City Car is used, GREENMOBILITY reserves the right to deny the User use of the City Car.

8.7 In order to reserve and use the City Car, User must immediately prior to and during the Rental Period:

  1. Only drive the City Car if the User has his/her valid driving license on his/her person and is otherwise physically and mentally fit to drive the City Car, and
  2. to be in possession of a charged smartphone on which the GREENMOBILITY app is installed, which has access to the personal account of the User being the driver and which has access to the internet (also during use of the City Car). User is responsible for her smartphone, internet access and the costs associated with this and
  3. to ensure payment for use by having sufficient funds in the bank account provided and
  4. to have paid all previous invoices from GREENMOBILITY.

During the Rental Period, the User must:

  1. Ensure that the battery level of the City Car is sufficiently high so that the Rental Period can be terminated with the City Car within the Zone and has sufficient range to the nearest public charging station.
  2. To treat the City Car correctly and properly as would be expected from the average person renting a car (also known as “the good family man”).
  3. Immediately stop using the City Car when warning lights illuminate on the dashboard or if User suspects that something is not right.
  4. To park the City Car in accordance with the law and/or local regulations.

Termination of the Rental Period:

8.8 The rental period ends when the User, after following the instructions given in the GREENMOBILITY app, presses “End Trip” within the Zone at a permitted parking space or when GREENMOBILITY has the right to terminate the registration in accordance with these Terms and Conditions. The City Car must be parked within the Zone, in a public car park, in accordance with the law and in compliance with the regulations applicable at the location, before the ‘end trip’ button can be pressed in the app. User is responsible for the correct ending of the Rental Period.

8.9 At the end of the Rental Period, the User must guarantee that:

  1. The charging cable is correctly placed in the boot of the City Car, unless it is used for charging the City Car in question.
  2. The parking brake of the City Car is on.
  3. The windows of the City Car are properly closed and the doors of the City Car are locked.
  4. The City Car is left in the same condition and cleanliness as when the User started to use the City Car.
  5. All accessories such as child seats or bicycle racks are present in and on the City Car.

8.10 If for any reason the use cannot be terminated, the User is obliged to report this immediately to GREENMOBILITY via the GREENMOBILITY app or customer service, to remain with the City Car and to follow the instructions of GREENMOBILITY customer service. In the event of doubt as to whether the termination was successful, the User should call customer service to verify this, or have the City Car locked and the Rental Period terminated. If the User locks the City Car incorrectly or fails to do so, this may result in the Rental Period not being concluded and the costs for use continuing to be borne by the User. Any damages for GREENMOBILITY will then also be recovered from User.

  1. Parking

9.1 The City Car must be parked within the Zone, in a public car park, in accordance with the law, before “end trip” can be pressed in the App. GREENMOBILITY pays for parking on public streets within the Zone and possibly in selected parking garages. These parking garages can also be found on the GREENMOBILITY website and in the GREENMOBILITY app. If the City Car is placed outside of these, all additional costs will be at the expense of the User.

9.2 At the end of the Rental Period the City Car must be parked in public parking spaces, parking garages selected by GREENMOBILITY where the City Car may legally be parked, and in parking spaces that are not reserved for specific types of transport such as parking spaces for the disabled, taxis, trucks and car sharing spaces reserved for certain other shared cars. City Cars may also be parked in parking spaces reserved for electric cars, but not in gardens, garages or other places. The City Cars may NOT be parked in parking spaces where a parking limit starts after parking. For a parking overview, please refer to the GREENMOBILITY website and in the mobile app.

9.3 When the battery of the City Car is 15% or less charged the User must always connect the City Car to the charge point to charge the battery. If this does not occur and this is not reported immediately to GREENMOBILITY with a valid reason, GREENMOBILITY is entitled to charge the User an immediately payable penalty in accordance with the Price List.

9.4 If the City Car is parked at a charging station for electric cars, the City Car must actually be charged. The charging cable must therefore be connected to the City Car and the charging station and the battery must be charged. Otherwise parking is not legal and a fine may follow. If you are unable to charge the City Car, park it in another location rather than at a charging station. Even if GREENMOBILITY has been contacted about possible charging problems.

9.5 GREENMOBILITY reserves the right to prohibit parking in certain areas normally within the Zone without prior notice. These changes can also take place when the User has already started a Rental Period and the area in question is considered to be outside the Zone.

9.6 If the City Car is nevertheless not parked in accordance with this article 9 during and/or at the end of the use of the City Car, all costs resulting from this, such as parking fine(s), towing costs and other costs shall be for the account of User. These costs shall be immediately due and payable and shall therefore be claimed by GREENMOBILITY immediately. Where the GREENMOBILITY service team happens to come across an incorrectly parked City Car at the end of use, the City Car will be moved, also in order to avoid the fines and additional costs. The associated costs of moving the City Car will be charged to the User. These costs shall also be immediately due and payable and shall be claimed directly from the User. GREENMOBILITY is entitled to have all these costs covered by the User. Incidentally, this does not mean that GREENMOBILITY is under any obligation to check the parking after the end of use. This is and remains the responsibility of the User.

  1. Insurance, damage and liability

10.1 GREENMOBILITY’s City Cars are insured by means of a legally required liability insurance and a hull insurance.

10.2 The user pays the own risk varying from € 150,- to € 750,- per event in case of damage concerning the Third Party Liability. This concerns only the Third Party Liability for damage caused to third parties. Not for damage to the City Car itself, or to or from User’s property. GREENMOBILITY may charge all damage to the City Car itself directly to the User. This is not covered by the insurance. Should User act in violation of any provision of these Terms and Conditions, then User shall fully compensate GREENMOBILITY for the resulting damage to the City Car or to third parties.

10.3 The difference in the amount of the own risk relates among other things to the age of the User. The excess is however not limited if the User has acted negligently, characterized as gross negligence, or if the damage is not covered by the insurance due to the User’s circumstances. The User should note that it is considered gross negligence when a person other than the User drives the City Car during his/her rental period. Both driver and User will in this case be jointly liable for all costs in case of damage or other events.

10.4 At the start of the Rental Period the User can choose an insurance which reduces the own risk in the event of damage. This option is not available after the start of the Rental Period and the chosen insurance cannot be cancelled.

10.5 The User is responsible for all damage caused to the City Car during the Rental Period. This applies notwithstanding if this damage was caused by a third party, if this party does not make itself known or cannot be held responsible in any other way.

The User is liable for the acts and omissions of his/her passengers, even if these acts and omissions were not permitted by the User.

10.6 In the event of an accident, breakdown, or any event which may cause or has caused damage to the City Car or to (the property of) third parties, the User shall immediately contact GREENMOBILITY’s customer service. The User is obliged to follow the instructions of the customer service department. The use of any form of roadside assistance outside of GREENMOBILITY is at the expense and risk of the User. In case of any accident involving a third party or a third vehicle, the police should be contacted.

The User accepts his/her obligation to protect the interests of GREENMOBILITY in case of damage or any other insurance event by:

  1. Notifying GREENMOBILITY immediately of any damage caused to the City Car or to (the property of) third parties.
  2. To provide all information to GREENMOBILITY which may be relevant. Obtaining the names and addresses of all parties involved and any witnesses.
  3. To refrain from admitting his/her liability or to admit guilt.
  4. To avoid leaving the vehicle without taking the necessary safety measures.
  5. Immediately notify the police if the other party’s guilt needs to be established or in the event of personal injury.
  6. Immediately fill in a complete and truthful claim form and hand it in, signed, in the original, to GREENMOBILITY. Failure to deliver the completely filled claim form or its late delivery will be considered as obstruction of the settlement of the claim and GREENMOBILITY reserves the right to recover all costs related to the accident from the User. Incorrect statements, in particular with regard to liability, are at the expense of the User.

10.7 In the event of a traffic accident or breakdown outside the Zone, which the User is responsible for, the User is responsible for all expenses associated with the return of the City Car to the Zone.

In any event the Users shall be responsible for the cost of their own return to the zone.

10.8 The User explicitly acknowledges liability for, at the request of GREENMOBILITY, the payment of all fines, fees, collection costs and legal costs in connection with parking or law violations imposed on the City Car or the driver during the Rental Period. User is responsible for payment of the fine and administration fees to GREENMOBILITY.

10.9 In the event that damages or refunds destined for GREENMOBILITY are paid directly to the User, the User shall immediately pay such compensation(s) to GREENMOBILITY.

     11. Liability of GREENMOBILITY

11.1 The liability of GREENMOBILITY is limited to fulfilling the obligations which GREENMOBILITY expressly has under these Terms and Conditions. It shall never be liable for damage suffered directly or indirectly by User(s) as a result of or in connection with the desired or actual use of a City Car.

11.2 GREENMOBILITY is not liable for damage or loss resulting from User’s use of the City Car, including third party property, unless GREENMOBILITY has acted negligently.

11.3 Under no circumstances can GREENMOBILITY be held liable for indirect damage, including damage resulting from the User’s delay, if the City Car is not available or breaks down during the User’s Rental Period.

11.4 In all cases where GREENMOBILITY is nonetheless obliged to pay compensation for damages, the amount of such compensation shall never exceed the amount paid by GREENMOBILITY’s liability insurer in the case in question. If there is no insurance cover for GREENMOBILITY’s liability, GREENMOBILITY’s obligation to pay damages will be limited to € 250,-.

  1. Packages

12.1 The User may choose to purchase a discount package of prepaid minutes. The price of the package will be deducted at the time of purchase and from then on the prepaid minutes can be used. They are valid from 6 to 12 months from the day of purchase as per Price List. Any minutes driven in addition to the minutes included in the package will be charged at a normal rate. Please note that the 14 days right of cancellation is no longer possible from the moment the User starts using the minutes.

12.2 The User can choose to purchase an hourly or daily package. The price of the package shall be deducted at the time of purchase, and the package shall start automatically with the next City Car journey. All hourly and daily packages are valid for 3 months from the date of purchase. If the User drives longer than the number of kilometres or the number of hours/days included in the package, the User will continue to drive at a rate of € 0.25 per minute and € 0.25 per kilometre. Please note that any cancellation right is no longer possible once the package has been activated during a given journey. GREENMOBILITY reserves the right to remove an unused hourly or daily package from the User’s account after 3 months.

12.3 The price to be paid by the User for the rental of one and the same City Car within 24 hours can never exceed the maximum daily price as shown in the Price List. If the User is still driving the City Car at the end of the day the remaining minutes will be charged at the normal minute price, as per the Price List.

12.4 The “Invite a friend/Invite a friend” service can only be used for its original purpose, namely to further spread the message about GREENMOBILITY in a way that does not disrupt GREENMOBILITY’s own communications and channels. The unique code cannot be made available to the public by e.g. sharing it on websites or GREENMOBILITY’s own channels. The User is allowed to share the code via private messages, group messages or in a post on a private account on social media, but cannot be added as a stand-alone feature on a social media profile or other pages. If the User does not follow these rules, all earned minutes will be cancelled and the User’s account and associated newly created accounts will be suspended. The minutes earned will expire, without warning, 12 months after the date they were created.

12.5 After the end of the Rental Period the User is obliged to have sufficient funds in his/her bank account to cover the other costs associated with the use of the City Car in accordance with these General Terms and Conditions, including costs for damages, fines, compensation and other fees. If such claims arise for the User, GREENMOBILITY will contact the Customer with the information thereof before the amount due from the User’s payment card is charged.

12.6 If a cash withdrawal is refused by the User’s payment card issuer due to the User’s own circumstances, GREENMOBILITY may charge the User an additional fee. If the funds could not be withdrawn from the User’s account, GREENMOBILITY reserves the right to terminate a current Rental Period without notice or liability.

12.7 GREENMOBILITY reserves the right to assign claims against the User. In such case, the User shall pay the amount of the claim in full settlement to the beneficiary of GREENMOBILITY’s claim against the User, if the User has been informed of the assignment.

     13. Duration and Termination

13.1 A registration is entered into for an indefinite period of time and shall end upon termination by one of the parties. Any registration will end in the event of the User’s bankruptcy, suspension of payments or debt restructuring, in each case at the time it is declared or determined.

13.2. The registration can be cancelled by the User at any time by notifying Customer Services.

13.3. GREENMOBILITY is entitled to terminate the registration unilaterally with immediate effect in the following cases:

  1. a) in the event of late payment after notice of default regarding the price for the use of a City Car. (parking) Fines and/or other costs are immediately due and payable. Late payment of (parking) fines and/or other costs can therefore lead to immediate unilateral termination by GREENMOBILITY;
  2. b) if it appears that during registration or during the term of the registration, incorrect information was provided or not provided and therefore GREENMOBILITY cannot be expected to continue the registration and therefore the agreement;
  3. c) if, after being served with a notice of default, the User fails to comply with his/her obligations arising from the registration and the accompanying Terms and Conditions;
  4. d) in the event of any suspicion by GREENMOBILITY of abuse, fraud or other improper actions by/of User or persons who have access to User identification data, to be assessed solely by GREENMOBILITY. This also applies in the event that User allows someone other than User to drive a City Car.

13.4. If registration is terminated before the City Car has been validly returned in accordance with the terms and conditions, GREENMOBILITY shall have the following rights in particular:

  1. a) right to the rental fee until the City Car has been validly returned,
  2. b) right to immediate revindication of the City Car, at the expense of the User if the User does not validly return the City Car immediately,
  3. c) right to full compensation.

13.5 GREENMOBILITY shall be entitled to immediately suspend its possible obligations towards the User until complete settlement of a claim.

  1. Personal data

14.1 In connection with his/her registration, the User grants GREENMOBILITY permission to send news and the like to the User’s e-mail address. The User has the right, at any time, to withdraw the consent by sending an e-mail to [email protected]

14.2 GREENMOBILITY will collect, store and process personal information about the User. Detailed information on this can be found in the privacy statement on GREENMOBILITY.com.

14.3 The User has the right to lodge a complaint about the processing of the User’s personal data by GREENMOBILITY with the Personal Data Authority at https://www.autoriteitpersoonsgegevens.nl

14.4 Certain companies may be employed by GREENMOBILITY to carry out various activities related to the provision of services by GREENMOBILITY. These companies may have access to personal data if necessary for the performance of their services, but they may only use the personal data necessary for the performance of their services and may not use it for any other purpose. The identity of these companies can be found in the privacy statement on GREENMOBILITY.com.

14.5 GREENMOBILITY reserves the right to use and disclose personal data as necessary to comply with legal requirements, to fulfil the User’s requests or to assist in legal investigations or proceedings concerning the safety of life and property.

14.6 The User has the option of obtaining full access to the personal data provided by the User to GREENMOBILITY. If the User wants to change or delete at any time the personal data that GREENMOBILITY has recorded about the User, or if the User wants to change the access that GREENMOBILITY has to contact the User, the User can always indicate this to GREENMOBILITY. The User may also have his/her personal data transmitted to himself/herself or to a data controller chosen by the User. The User may contact GREENMOBILITY by e-mail at [email protected], or by letter at Entrada 100, 1114AA Amsterdam-Duivendrecht.

  1. Right of withdrawal

15.1 The User has a right of withdrawal for 14 days from the date on which the User made the purchase, as indicated in cf. 12.1. The right of withdrawal runs from the moment of purchase/registration.

15.2 The User must give GREENMOBILITY written notice of cancellation before the deadline expires. It is sufficient that the message was sent before the deadline expired.

15.3 There is no right of withdrawal in case of reservation or use of the City Car.

  1. Applicable law and jurisdiction

16.1 Dutch law is applicable to any dispute arising from the use of a GREENMOBILITY account and the rental of a City Car. The District Court of Amsterdam is competent to take cognizance of any dispute.

  1. Validity and transfer

17.1 GREENMOBILITY expressly reserves the right to make changes to these general terms and conditions and the price list and to publish them on its website.

17.2. If one or more of the provisions in the Terms and Conditions are declared invalid the remaining provisions will still be valid.

17.3. The agreement concluded between GREENMOBILITY and User and the rights and obligations arising from it cannot be transferred to any third party without the prior written consent of GREENMOBILITY. User gives GREENMOBILITY the right in advance, without needing the express permission of User, to transfer the entire agreement, or parts thereof. If this occurs, GREENMOBILITY shall inform the User accordingly.

17.4. These general terms and conditions have been translated from Dutch. If there is a discrepancy between the Dutch or English version, the Dutch version of the general terms and conditions shall prevail.

17.5 The above conditions also apply to the further rental options listed below, unless rejected below.

  1. City Car Pre-booking

18.1 The price for pre-booking a City Car is given in the Price List.

18.2 Pre-booking is so far only provided in Copenhagen, Aarhus, Malmö, Gothenburg, Antwerp and Gent.

18.3 Pre-booking of a City Car can be done in two ways. The first is to have the City Car delivered to your door, which is defined as the closest legal and public parking space in the vicinity of your address, in accordance with the parking regulations for City Cars. The second option is to have a City Car delivered within 500 meters of User’s address.

18.4 In case of pre-booking the City Car will be ready at least 20 minutes before the desired time.

18.5 In Antwerp and Gent pre-booking of City Cars must be done at least 12 hours in advance. For example, if the City Car must be delivered at 7:00, pre-booking must be done at 19:00 the day before at the latest.

18.6 Pre-booking is done via the GREENMOBILITY app under the menu “Book car in advance”. After the reservation the order will have to be confirmed by SMS or push notification by User.

18.7 At the earliest 20 minutes before the time for which the City Car was ordered, the reservation will start in exactly the same way as you are used to with normal reservations with City Cars. Reservation after 20 minutes will cost €0,13 per minute.

18.8 If the reserved City Car is not used within 60 minutes after the time for which it was ordered, the reservation will end and the City Car will be made available again to other Users, who can reserve it like any other City Car.

18.9 The pre-booking fee shall be calculated regardless of whether a journey has commenced in the reserved City Car or not.

18.10 Cancellations can be made free of charge up to 12 hours prior to delivery of the City Car by means of pre-booking in Antwerp and Gent.

18.11 Delivery to the airport comes with a surcharge on top of the other costs as mentioned in the Price List.

  1. Business/Commercial driving

19.1 This section contains the general conditions relating to driving via a business or company agreement with GREENMOBILITY. We call this Business or Business Agreement.

19.2 For the employee who drives on the basis of a Business Agreement, the same general terms and conditions apply as for private use. This with the addition of the following rules. The User as referred to above, refers in the Business Agreement to both the company itself that enters into the Business Agreement and its employees who drive a City Car on the basis of that Business Agreement.

19.3 The company entering into the Business Agreement accepts the following rules:

Settlement shall take place on the company’s payment card or by invoice. The chosen Business Agreement Administrator of the company chooses the desired solution from the platform.

The prices in the Price List are the same for business and private use, but are advertised excluding VAT.

The company pays for the journeys of its employees via the Business Agreement. This includes fines, taxes, damages, fees and liability. The company indemnifies GREENMOBILITY for incidents caused by the company’s employee as driver or passenger. The company therefore vouches for its employees as if they were Users themselves in the sense of the general part of these General Terms and Conditions.

The Rental Periods of the employee(s) are logged and the history is shown to the Business Agreement Administrator. The employee accepts this when registering for driving during working hours on the Business Account. Any privacy implications in the employer-employee relationship are not relevant to GREENMOBILITY.

The RentalPperiods of the employee which take place on the basis of the Business Agreement are always considered by GREENMOBILITY as business.

  1. GreenSaver” subscription

20.1 The monthly payment called “GreenSaver” gives the User access to various discounts and benefits at GREENMOBILITY. GREENMOBILITY offers one or more forms of subscription. A User can only be registered to one subscription at a time.

20.2 Acceptance and purchase of a subscription takes place via the GREENMOBILITY app. The agreement is concluded when the User confirms the purchase of the subscription in the app. Other benefits or saved minutes at GREENMOBILITY cannot be redeemed for the payment of a subscription.

20.3 The subscription price will be debited from the User’s linked payment method on a monthly basis.

20.4 GREENMOBILITY may at any time change the benefits and discounts associated with the User’s subscription and the extent of such benefits and discounts. In addition, GREENMOBILITY may change the subscription price at any time with reasonable notice.

20.5 The benefits and discounts belong exclusively to the User and cannot be shared with others. In practice, this means that the subscription may not be used from multiple electronic devices. This is automatically logged.

20.6 The purchase of a subscription by the User is subject to the legal right of withdrawal of 14 days. The User may only express regret if the subscription has not been put into use within the 14 days. A subscription is considered to have been put into use, if User, through the subscription, starts a Rental Period, completes a purchase or makes use of a benefit resulting from the subscription.

20.7 The term of notice is one month + one month from the date on which User entered into the subscription. User can terminate the subscription with a notice period of 1 month until the end of the payment period of User. A payment period starts on the date the User subscribes to the subscription. This means that, regardless of the cancellation date, the User will be deducted the subscription price on the next subscription date, and that the User will remain a subscriber to the benefits for 1 month after the last payment date.

20.8 If a payment fails, the subscription is automatically continued, but without the included benefits and discounts. If the payment failure is due to the User’s own circumstances, an additional fee may be charged.

  1. Third-party clause

21.1 Customer confirms and declares its understanding, and assent to the extent necessary, that Athlon is the owner of the vehicle and that the respective vehicle is leased to Lessor by Athlon, which vehicle, in turn, is subleased by Lessor to Customer.

21.2 Notwithstanding the existence of this agreement, Lessor is obliged to return and deliver the vehicle to Athlon at the first request of Athlon and in accordance with its instructions, without Lessor being able to invoke any (retention) right towards Athlon. In the event of such a request, Customer shall fully and unconditionally cooperate with such a request, and return and deliver the vehicle to Athlon, without Athlon being liable for damages, costs or any liability whatsoever, and this agreement between Lessor and Customer shall terminate with immediate effect and without termination notice, provided that this agreement has not been transferred to Athlon in accordance with paragraph c below.

21.3 Parties agree that articles 7:226 and 7:227 of the Dutch Civil Code do not apply to this Appendix and Sublease.

21.4 This third-party clause (paragraphs a up to and including f) cannot be revoked, deleted or amended by Lessor or Customer without the prior written consent of Athlon.