TERMS & CONDITIONS

SKY PARK AIRPORT PARKING SERVICES B.V., a private company with limited liability under Dutch law, trading as MOBIAN, registered at the chamber of commerce (The Netherlands) under KVK-No.: 57475733, with its corporate seat at Leidsevaartweg 99, 2106AS, HEEMSTEDE, The Netherlands, legally represented in this matter by Mr S.J. Snel, provides a digital platform, which has parking spots, vehicles such as bicycles and taxi’s (“Vehicle(s)”) for rent (collectively “the Services”). The Services are available via MOBIAN’s website (www.mobian.global) and mobile application (“the App”).

By making use of the Services, the App or the Website, the Client agrees to comply and be legally bound by these terms and conditions (“T&Cs”).

 

These are the general terms and conditions ("General Terms and Conditions") of Sky Park Airport Parking Services B.V. (hereinafter to be referred to as "MOBIAN"; "We"; "Us" or "Our"), By using or visiting MOBIAN's mobile (or other) applications, websites or other services (hereinafter to be referred to jointly as: "the Service"), you hereby agree to be bound by these General Terms and Conditions. The Service is owned and managed by MOBIAN. These General Terms and Conditions relating to your rights and obligations.

Briefly summarized, these matters are regulated in these General Terms and Conditions:

  • After registration has been completed, MobiHubs and MobiBikes offered by MOBIAN may be used. Only verified Users may use MOBIAN's MobiHubs and MobiBikes.

  • Before, during and after riding a MobiBike, check whether there is new damage to the bike or new defects in it, and, if so, report this immediately.

  • While using and parking the MobiBike, you are responsible for it. If anything occurs while you are using the MobiBike (for instance, if it breaks down, is damaged or stolen, or if you are unable to return it on time), contact MOBIAN immediately.

  • The User is responsible for traffic and parking fines during or resulting from the use.

  • Use of the MobiBike will end once you have returned the Mobibike to the MobiHub, and correctly locked the Mobibike and ended your ride in the app.

  • The number of consecutive hours that can actually be parked on a MobiHub is automatically generated when booking. This time can therefore never be exceeded or extended.

  • The minimum time between two consecutive bookings is four hours calculated between the end time of the first booking and the start time of the second booking.

 

 

ART. 1: APPLICABILITY AND DEFINITIONS

  1. These General Terms and Conditions apply to any offer by MOBIAN and any agreement.
     

  2. MOBIAN may modify and/or supplement these General Terms and Conditions at any time. Changes to the General Terms and Conditions will be announced beforehand. The most current version of the General Terms and Conditions can be accessed via the website and will be brought to the User’s attention via the application. If the User continues using the application after these General Terms and Conditions have been modified and/or supplemented, the User will thereby be indicating that he/she/it accepts the modified General Terms and Conditions. If the User does not agree to the modified General Terms and Conditions, he/she/it may no longer use the Service. The User can terminate his/her/its subscription through Customer Support by mail, after which he/she/it may no longer use the Service.
     

  3. In these General Terms and Conditions, the following terms, indicated each time with a capital letter, have the following meanings:
     

  • Subscription/membership: an arrangement between the User and MOBIAN, in which the User may use the MobiHubs and MobiBikes offered by MOBIAN in return for the payment of a Fee;

  • General Terms and Conditions: these General Terms and Conditions of MOBIAN for using the

  • Account: the User's (personal) account within the App and the Website, which the User can access using his/her/its Login Information;

  • App: the application for using MOBIAN which is furnished by MOBIAN in Apple's and Google's app stores;

  • Booking: renting or putting into use an available Mobihub or MobiBike;

  • Service: the use of MOBIAN's mobile (and other) Applications and Websites, through which the User can make Reservations and book a Mobihub or MobiBike;

  • MobiBike: a bike from MOBIAN or one of MOBIAN's Partners, equipped with specific technology to lock and unlock the MobiBike;

  • Use: Reserving a Mobihub or MobiBike and actually putting it into use;

  • User: a natural or legal person who/that has entered into an Agreement with MOBIAN to be able to use MOBIAN's Service;

  • MobiHub: a location created by MOBIAN, on private property or the pavement in a public area, where MobiBikes may be parked and which is accessible to Users. The MobiHub location can be found on the digital map in the App or on the Website;

  • Log-In Information: the email address and password registered with MOBIAN, with which the User can access his/her/its Account;

  • Partner: companies with which MOBIAN has concluded an agreement to offer MobiBikes in the context of the Service, as indicated on the Website and/or in the App;

  • Agreement: any agreement concluded between MOBIAN and the User. The User putting the App into use will also be considered to be the formation of an Agreement;

  • Reservation: reservation of a MobiHub or MobiBike using the App; (also known as "Reservation");

  • Reseller: the Party that offers services through MOBIAN of the Supplier to its clients.

  • Supplier: Companies who offer mobility solutions such as; parking providers, taxi companies, rail ticket providers, bike rental, car rental, transfer and public transport companies.

  • Fee: a fee which the User owes MOBIAN based on the period of time that the Mobihub or MobiBike was used and/or the Subscription or Membership costs to which MOBIAN is entitled;

  • Website: MOBIAN's website www.mobian.global.

ART. 2: BASIC CONDITIONS

  1. MOBIAN reserves the right to modify or terminate the Service or access to the Service for any reason whatsoever, without prior notice, at any time and without being liable to the User.
     

  2. MOBIAN reserves the right to deny access to the Service to any person at any desired time and for any reason whatsoever.
     

  3. The User agrees that he/she/it is responsible for any mobile data costs he/she/it incurs in using the Service.
     

  4. Besides the Terms and Conditions the Disclaimer and the Privacy Statement (on the website) are applicable.

ART. 3: THE SERVICE

  1. By using the Service, Users can make a Reservation and/or book a MobiHub or MobiBike. MOBIAN will ensure that the User’s Reservation and booking are registered with the Mobihub or MobiBike partner of MOBIAN.
     

  2. Upon completion of the Reservation and/or when the User has booked a MobiHub or MobiBike, an Agreement for using the MobiHub or MobiBike will be formed between the User and the Partner/MOBIAN. The Partner's general terms and conditions may apply to this MobiHub or MobiBike Agreement.

 ART. 4: REGISTRATION AND ACCOUNT

  1. MOBIAN's Users must create an Account, to which the following minimum requirements will apply:

    1. The User is at least 18 years old

    2. The User needs to have the necessary legal capacity to make a Booking. When the Client is younger or lacks the necessary legal capacity, MOBIAN is allowed to consider the Booking as not established.

    3. When the Client makes a booking for several persons, the Client declares to be explicitly authorized to make the booking and accept the Terms and Conditions on behalf of him-/herself and the other persons for whom a booking is made.

    4. When the Client makes the Booking also for other people it is his/her responsibility to provide the information received from MOBIAN to all these persons. MOBIAN considers information provided to the Client as information to provide to all these persons.

    5. When the information as mentioned in Art. 1C changes, the Client needs to inform MOBIAN about this. MOBIAN is allowed to charge the Client for these changes
       

  2. The User must at all times be available for contact with MOBIAN in connection with a Reservation and the use of the Service and guarantees that the Account contains a valid and personal telephone number.
     

  3. The User must keep his/her/its Log-In Information strictly confidential and private. MOBIAN is entitled to assume that anything occurring in or with the User's Account is done by the User or under the User's supervision and/or responsibility. The User agrees that he/she/it will not sell, transfer or lend out his/her/its Account, User name or other Account-related rights. It is prohibited to create an Account for a third party or to use a third party's Account.
     

  4. If the User believes or knows that his/her/its Account is being misused, the User must report this to MOBIAN as soon as possible. MOBIAN will take appropriate measures in that instance.
     

  5. The User declares that all the information he/she/it provides or provided when creating an account is correct, accurate, complete and current, and the User agrees that he/she/it must update his/her/its Account information to keep it correct and accurate.
     

  6. MOBIAN may, at its discretion, determine whether an Account will be provided.
     

  7. MOBIAN may modify or delete Accounts, profiles, data or other information at any time.
     

  8. If MOBIAN believes that the User is violating the law or these General Terms and Conditions, or suspects that there is a fraud risk, MOBIAN may exclude the User from the Website or App (in whole or in part). MOBIAN may, for example, exclude the User from the App by:

    1. Deleting the User's Account; or

    2. Blocking the User's access to areas of the Website or App.

ART. 5: DURATION, TERMINATION AND FEES

  1. All Fees applied by MOBIAN are inclusive of VAT unless the fees for Business-related customers are exclusive VAT.
     

  2. MOBIAN's Subscriptions or memberships will be offered for a fixed monthly amount. The Fee for a Subscription or Membership will be collected on a monthly basis by automated incasso either invoice. The User must have a sufficient balance on the bank account specified by him or her, such that MOBIAN can collect the amount for the services periodically.
     

  3. The Subscription or Membership period is at least one month, after which the Subscription will automatically be extended, by one month at a time.

  4. The Subscription or Membership may be terminated in writing, by regular or electronic mail, taking into account the notice period. If notice of termination is given within the first month of the Subscription or Membership, the Subscription or Membership will be terminated at the end of the first month. If notice of termination is given after the first month of the Subscription or Membership, the notice period will be one month.
     

  5. MOBIAN can terminate the membership monthly at any time via the App or by sending an e-mail to the User.
     

  6. Aside from taking out a Subscription or Membership, the User can also pay per Use of the MobiHub or MobiBike when booking a MobiHub or MobiBike (pay per use). The applicable terms and conditions, including the Fees, discounts and benefits, that apply to the Subscription, Membership and ‘pay per use’ are published on the Website.
     

  7. If the user unexpectedly wants to change or cancel the booking, this must be notified immediately in advance via WhatsApp or contact@mobian.global. Our services centre will then support implementing the desired changes, if possible.
     

  8. If collection of a Fee fails or the Fee is otherwise not paid or not paid on time, the User will be in default by operation of law, without any notice of default being necessary. The User will then owe the statutory interest. The statutory interest will be calculated from the date on which the User is in default until the date of full payment.
     

  9. Without prior consent of MOBIAN, a User is not allowed to set off any Fee due against any claim a User may have on MOBIAN. A User may not suspend his payment obligations without the prior consent of MOBIAN.
     

  10. If a User is in default or fails to fulfil any of his/her/its obligations, all reasonable judicial and extrajudicial collection costs will be for the account of User. In any case, a User must pay the statutory extrajudicial costs of collection as described in the Decision compensation of extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten), or the relevant statutory equivalent.
     

  11. The actual judicial and execution costs, as well as any other reasonably necessary costs, will be for the account of the User, in addition to any compensation provided for by law.
     

  12. If a User is in default because, for example, Fees cannot be collected by MOBIAN, MOBIAN may close that User's Account or suspend other forms of service provision during that default.
     

  13. MOBIAN may increase the Fees at any time. If the User does not agree to a Fee increase, the User has the right to terminate the Agreement.

ART. 6: USE OF MOBIHUBS AND MOBIBIKES

  1. The User uses a MobiHub or MobiBike following the standards of decency and observes the applicable traffic and parking rules. The User will treat the MobiHub or MobiBike with due care and will act as a responsible road user.
     

  2. MobiHub or MobiBike are opened and closed using the MOBIAN App linked by the User.
     

  3. If a Reservation is made for a specific time period, the User must bring the MobiBikeback within this period. If the User does not return the MobiBike at the agreed time and location and does not end the Use in accordance with these General Terms and Conditions, the User will be obliged to pay for the additional fees that are in line with the extra time of usage.
     

  4. The User must inspect the MobiBike visually before using it and, if there are defects, report them to MOBIAN's Customer Support. If the User makes longer drives, he/she/it must regularly check the fluid levels and tyre pressure and, where required, replenish them.
     

  5. The User will secure the MobiBike against theft, by locking it up at all times.
     

  6. Penalties imposed on MOBIAN by third parties will be paid by the User. Any costs which MOBIAN must incur as a result of the User's conduct will be paid by the User.
     

  7. The User may not use the Service for illegal or unauthorised purposes. The User agrees to any laws, rules or provisions applicable to his/her/its use of the Service.
     

  8. The User is fully liable for all damage suffered by MOBIAN, Partners and/or third parties as a result of the User's failure to (fully) comply with its obligations. The User accepts responsibility as described in these General Terms and Conditions, as well as the obligation to fully cooperate with the handling of any damage. All costs and penalties stated will be automatically collected from the bank account number known to MOBIAN. When the User accepts the General Terms and Conditions he/she/it gives MOBIAN permission to collect these amounts.
     

  9. MOBIAN cannot guarantee that the MobiBike will be free from defects at all times. If a MobiBike can no longer be ridden due to a defect, MOBIAN will not be liable for any costs the User has to incur as a result, such as costs for alternative transport.
     

  10. The User may not copy or manipulate the MobiBike’s lock, or read it out using IT methods. In the event of a breach of this provision, MOBIAN may recover all costs and any damage arising from it from the User.
     

  11. The User is not allowed to ride the MobiBike when under the influence of alcohol, drugs, medicine or other substances (such as laughing gas) that may affect his/her driving ability. A strict alcohol ban applies, i.e. a maximum blood-alcohol level of 0.0%.
     

  12. The User may not use the MobiBike to transport items or substances/materials whose nature, size, shape or weight affect riding safety or could damage the MobiBike.

ART. 7: ACCIDENTS, DAMAGE, DEFECTS AND REPAIRS

  1. Prior to the pickup by unlocking the vehicle, the User shall examine the Vehicle to identify any visible defects or damages, including – but not limited to – tires and lights, brakes, seat, handlebar as applicable. If the User encounters a defect or damage, which makes the Vehicle unsafe to use, the User has to hand in the Bike via the App and then he has to report the damage immediately via the App and/or WhatsApp to MOBIAN.
     

  2. If an unexpected and unintentional damage occurs during the use of the Vehicle, the User is obliged to report this immediately.
     

  3. The User and Co-User may never use a Vehicle, which is unsafe to use (e.g. because of damage or defect).
     

  4. In the event of loss or theft of or damage to a MobiHub, the User must contact MOBIAN's Customer Support as soon as possible, irrespective of whether it occurred before, during or after the Use and irrespective of whether the User caused it. In the event of theft, the User is obliged to report this to the police and to send MOBIAN a copy of the report.
     

  5. In the event of an accident, the User may not accept liability or issue a similar statement. If the User issues a statement accepting liability, such statement will only apply to the User. MOBIAN will not be bound to this acceptance of liability or any statements or promises.
     

  6. In the event of damage, only MOBIAN may decide where a Vehicle will be repaired. The User will not repair or alter the Vehicle, or have a third party do so.
     

  7. The booking ends, when all the (Co)Users return the Vehicle(s) to the MobiHub Location and pushes the button “Lock & End Ride” in the App, and completes the process until the end of the rental is confirmed in the App.
     

  8. When the Client locks the vehicle without being at a Drop-Off Location and does not come back to return it him/herself  the User has to pay a relocation surcharge of :

    1. 15 EUR (VAT included) if the Vehicle is within 5km of the nearest available Hub.

    2. 50 EUR (VAT included) if the Vehicle is within 50 km of the nearest available Hub.
       

  9. If the User has not locked the vehicle with the Axa E-lock in the case of disappearance, the User will be notified of the claim of disappearance or theft and given 48 hours to respond. If the User does not respond the rented Vehicle will – unless found and relocated – be regarded as lost or stolen and the User is liable hereof. When the Vehicle has been missing for 7 days, MOBIAN has the right to charge the User directly on its payment card the following amounts in order to compensate MOBIAN:

    1. Bike: up to 400 EUR/Vehicle.
       

  10. If a User is charged due to a missing Vehicle as described, and later the Vehicle is recovered, MOBIAN will refund the Rider with 60% of the amount if the Vehicle is recovered within 60 days after reported missing, and 30% of the amount if the Vehicle is recovered within 90 days after reported missing. If the Vehicle is recovered after more than 90 days after the Vehicle is reported missing, Rider will not be refunded.

  11. The User is expressly permitted to prove that financial harm or impairment did not occur at all or the financial harm or impairment is significantly lower than the aforementioned lump sums.
     

  12. When MOBIAN can confirm that the vehicles were locked when stolen The User will not be held accountable for the missing of the vehicle and therefore will not be charged any additional fees.

ART. 8: CLIENT SUPPORT AND COMPLAINTS

  1. MOBIAN provides the following Client Support solutions:

    1. MOBIAN can be reached by telephone +31 (0)88 57 00 141, e-mail support@mobian.global, WhatsApp +31 (0)6 198 648 67 and chat via the website.
       

  2. If the Client has a complaint about MOBIAN or the services of the Suppliers, the Client can submit this complaint to MOBIAN in writing within 2 weeks after the return. MOBIAN will send a receipt confirmation as soon as possible and respond to the complaint within a reasonable period of time (but not longer than 5 working days). In case the complaint is about the services of a Supplier, MOBIAN will forward the complaint to the Supplier. MOBIAN has the discretion to mediate between the Client and the Supplier to find a solution but is not obligated to do so.
     

  3. The Client is obliged to mention any complaints about the service of the Supplier, including alleged damage or theft, together with the Supplier at the time of returning the vehicle (immediately) to the contract. In the event of damage, the Client must also take photographs at locations. In the absence of 8.2 and 8.3, the complaint cannot be processed.
     

  4. If the Client wishes to cancel a Booking, this can be done via MOBIAN up to the predetermined cancellation period. This is 48 hours before the start of the booking unless stated otherwise with the product that the Client wants to book. 15% of the Allowance for administration costs will be charged. This cannot be cancelled within 48 hours before the reserved start time of the Booking. During booking, the Customer can choose to book a service package for 10% of the Fee. In this case, a Booking can be cancelled by the Customer up to the reserved start time. Once the start time has elapsed, the booking can no longer be cancelled.
     

  5. All cancellation requests must be submitted in writing to our customer service to be eligible for a refund. Please note that cancellation requests can only be processed during office hours.

 

ART. 9: LIABILITY

  1. The User's liability for damage to the MobiBike is limited based on the following provisions: if the MobiBike is damaged while being used by the User, or if the User causes damage, the User will be liable for an excess.
     

  2. The limitations of liability apply if:

    1. The MobiBike were used in accordance with these General Terms and Conditions, and 

    2. Any damage was reported without undue delay and in accordance with these General Terms and Conditions.
       

  3. The limitations of liability do not apply in the event of:

    1. gross breaches of the obligations under the Agreement;

    2. unlawful failure to report accidents or damage;

    3. damage caused by intent or gross negligence;

    4. or mechanical damage to the MobiBike that was caused by faulty actions (e.g. damage to the engine due to filling it up with the wrong fuel).

ART. 10: TERMINATION OF THE AGREEMENT

  1. After Use, the MobiBike must be returned to the MobiHub and locked.
     

  2. The User must ensure that the Use has ended completely before leaving the MobiHub or MobiBike. If the User leaves the MobiHub without having ended the Use, the MobiBike Agreement will continue at the expense of the User.
     

  3. If the Use cannot be ended, the User must report this to MOBIAN immediately and stay with the MobiBike until MOBIAN has decided on the further course of action. Any additional costs that may be incurred will be reimbursed after MOBIAN has checked them, provided that the User is not in default. The User is in default if, for instance, the MobiBike does not allow the Use to be ended because of an error in the hardware or software (if applicable).
     

  4. In the event of an accident or a defect that renders the MobiHub inoperable, the Use will in any event ends when the MobiHub is transferred to MOBIAN or a third party engaged by MOBIAN.

ART. 11: THIRD PARTIES

  1. To perform the Service, MOBIAN utilises Partners' services, and any additional terms and conditions of these Partners apply to the use of the Service.
     

  2. The Service, the App and the Website may include links to third parties' mobile (or other) applications, websites or functions. MOBIAN does not monitor these third parties' web services or other content. The User expressly acknowledges and accepts that MOBIAN is not in any way responsible or liable for such third party services or functions.

ART. 12: INTELLECTUAL PROPERTY RIGHTS

  1. Any intellectual property rights to the App, such as intellectual property rights to the product summaries, the App itself or the Website, are fully vested in MOBIAN or its licensors. Nothing in these General Terms and Conditions is intended to transfer any of MOBIAN's intellectual property rights.
     

  2. Upon creating an Account, MOBIAN will grant a limited, royalty free, non-sub-licensable, non-transferable and nonexclusive right to use the App.
     

  3. Notices or statements regarding intellectual property rights may not be removed, made illegible, hidden or modified in any way whatsoever. 

ART. 13: LIMITATION OF LIABILITY

  1. In so far as legally permissible, MOBIAN is not liable for damage ensuing from providing the App or from a breach in the performance of the Agreement.
     

  2. If despite the foregoing, MOBIAN nevertheless turns out to be liable, MOBIAN's liability will be limited to compensating direct damage up to, at most, an amount of EUR 100.
     

  3. Direct damage means:

    1. Material damage to objects;

    2. Reasonable costs incurred to avoid or limit direct damage, which may be expected as a result of the event on which the liability is based;

    3. Reasonable costs were incurred to ascertain the cause of the damage.
       

  4. MOBIAN is not responsible for the actions, content, information or data of third parties, and the User indemnifies Us and Our directors, officers, employees and agents against any claims or damage which may ensue in any way from a claim against such third parties.
     

  5. The User agrees that any claim he/she/it has and which ensues from the relationship with MOBIAN must be submitted within one year after the claim arose, otherwise his/her/its claim against MOBIAN will be time-barred.

ART. 14: PRIVACY AND SECURITY

  1. MOBIAN respects the User's privacy. MOBIAN handles and processes any personal data processed during the use of the Service in accordance with the General Data Protection Regulation.
     

  2. For more privacy information, please refer to Our privacy policy on the Website www.mobian.legal/privacy.

ART. 15: MISCELLANEOUS

  1. If a provision in these General Terms and Conditions turns out to be invalid or nonbinding, the User will still be bound by the other provisions in these General Terms and Conditions. MOBIAN will replace the invalid or nonbinding provisions with provisions which are binding and the purport of which is as far as possible the same as that of the provisions that are being replaced, taking into account the purpose of these General Terms and Conditions.
     

  2. If any condition from these Terms and Conditions is invalid, unlawful or not binding it has no effect on the other conditions. MOBIAN will as soon as possible after the invalidity, unlawfulness or not binding occurs deliver a new article that is valid.
     

  3.  MOBIAN is entitled to change these Terms and Conditions. In the process of booking the latest version will be accessible.
     

  4. Any disputes that may arise in the realisation, execution or finalisation of the agreement, or any additional agreements between parties, will be submitted to the competent court where MOBIAN is situated.
     

  5. Dutch law exclusively applies to Agreements, and any non-contractual obligations ensuing from them between MOBIAN and the User to which these General Terms and Conditions pertain.
     

  6. Any disputes which arise between the User and MOBIAN in connection with these General Terms and Conditions or Agreements ensuing from them will be settled in the first instance by the competent court of the Amsterdam District Court.