Terms and Conditions

Donkey Republic’s Terms and Conditions

These terms and conditions shall from 1st of September 2017 apply in all matters between Users and

DonkeyRepublic ApS

Njalsgade 23C, 3th,

2300, Copenhagen S

Business Registration No. (CVR) 35 67 82 63

E-mail: [email protected]

Phone: (+45) 89887227

(in the following “Donkey Republic”)

 

Donkey Republic provides a digital platform that connects Bike Owners, who have bicycles (“Bikes”) for rent, with Riders, who want to rent such bicycles (collectively “the Services”). The Services are available via Donkey Republic’s mobile application (“the App”), which is accessed by initially registering as a User on Donkey Republic’s website (“the Website”) at www.donkey.bike.

Donkey Republic is the facilitator of the digital platform consisting of the App and the Website (collectively “the Platform”), through which Bike Owners may rent out bicycles and Riders may rent bicycles directly from the Bike Owners, and payment collector for User’s payment of use of the Services. Donkey Republic has and undertakes no other roles in connection with the Services. Consequently, Donkey Republic is not a party to any agreements entered into between Bike Owners and Riders and Donkey Republic has no control over the conduct of Riders or Bike Owners or the condition of Bikes. To the maximum extent permitted by law, Donkey Republic disclaims all liability in this regard.

By making use of the Services, the App or the Website, the User agrees to comply and be legally bound by these terms and conditions (“T&Cs”). Failure to comply with the T&Cs may entail civil and criminal liability for the User.

  1.                 DEFINITIONS

1.1               “Affiliate Fee” means commissions to marketing bike rentals such as – but not limited to – commissions to hotels, tourist info centers, kiosks, tourism businesses, aggregators, airlines and bus lines. Affiliate Fees do not contain commissions from surcharges, but only base rental fees.

1.2               “Bike Owner” means any User who has bicycles for rent via the Platform.

1.3               “Bike Owner Earnings” is the amount that a Bike Owner has accrued for providing the services as described in section 4.7 below.

1.4               “Booking” means any User making the reservation and payment of one or several Bikes via the Platform for own and/or other Riders’ use.

1.5               “Cancellation Fee” means the fee payable by the Organiser for cancelling a Booking as explained in sections 4.10 and 4.11 below.

1.6              “Delayed Return Surcharge” means the fee payable if a Rider returns the bike more than half-hour late to the original hub. In such case, the Rider will be charged for the duration that would be needed for the actual use of bike, which is the next duration category available on the Donkey rental durations.

1.7               “Donkey Kit” means the gear, including the Donkey Smart Lock, purchasable to Bike Owners on Donkey Republic’s website (http://about.donkey.bike/donkey-kit-1)

1.8               “Donkey Smart Lock” means the bicycle lock developed by Donkey Republic that can be purchased as part of the Donkey Kit.

1.9               “End of Rental” means the point in time the Rider returns the Bike to the Hub and completes the End of Rental-steps as displayed in the App following pressing of “End Rental”-button.

1.10               “Facilitator Fee” means the fee Donkey Republic charges a Bike Owner for the use of the Services, which is calculated as 20% of the Rental Fee after deduction of applicable Affiliate Fees.

1.11               “Global Affiliate” means a person or organization that earns commissions based on its marketing efforts not linked to a specific Hub.

1.12               “Hub” means a Bike Owner’s geotagged location for Bikes, from where Riders may unlock Bikes and shall return them.

1.13               “Local Affiliate” means a person or organization that earns commissions from a specific Hub for rendering marketing or other services, typically being hotels, hostels, tourist info centers, marinas, conference centers, kiosks.

1.14               “Non-standard Bikes” mean Bikes as defined in section 3.1 below.

1.15               “Pick Up” means the point in time the Bike is unlocked by the Rider.

1.16               “Organiser” means the Rider making and responsible for the Booking.

1.17               “Relocation Surcharge” means the fee payable by an Organiser to a Bike Owner for that Bike Owner to relocate the Bike rented, because it has not been returned to the correct and dedicated Hub.

1.18               “Rental” means the period of time from Start of Rental to End of Rental.

1.19               “Rental Fee” means the fee payable by the Organiser for rental of a Bike Owner’s Bike(s).

1.20              “Rider” means any User who uses a Bike from a Bike Owner via the App.

1.21               “Standard Bikes” mean Bikes as defined in section 3.1 below.

1.22             “Start of Rental” means the time from which the Rider has gained access to the Bike via the App.

1.23             “User” means any person who registers at Donkey Republic’s Website, including – but not limited to – Bike Owners and Organisers in accordance with section 2 below.

1.24            “Bike Theft Insurance” means an insurance premium that Riders can choose to pay during booking in order to reduce their liability in the case of bike not returned from 300 EUR to 50 EUR.

1.25           “Google Ads Cost” means cost of Ads on Google Adwords that occurs when customers click on Donkey Republic service advertisement when searching on Google.

1.26           “Print Marketing Costs” means costs associated with print materials that can be associated with generation of booking traffic typically via discount codes.

1.27           “Direct Marketing Cost” means all costs that can be directly associated with a given booking and/or rental. They include Local Affiliate and Global Affiliate commissions, Google Ads costs and Print Marketing Costs.

  1.                 IDENTIFICATION AND REGISTRATION OF USERS

2.1               Before making use of the Services, the User must identify oneself on the Website or Apps, and register as a User. In connection with the User’s registration as a User, the User must choose to register as a Bike Owner, or as an Organiser or a Rider.

2.2               For the registration, the User must submit the information requested by Donkey Republic via the Platform. In this regard, the User warrants that the information provided to Donkey Republic is correct and to keep this information up to date.

2.3               As part of the registration as an Organiser, the Organiser will be asked to provide customary billing information, including – but not limited to – credit card details either directly to Donkey Republic or its 3rd party payment processor. In connection with an Organiser’s rental of Bike(s), the Organiser’s credit card is debited, cf. section 4 below.

2.4               As part of registration as a Bike Owner, the Bike Owner will be asked to provide e-mail address, phone number and payment method details either directly to Donkey Republic or its 3rd party payment processor, which will be used for payments to the Bike Owner for Riders’ rent of the Bike Owner’s Bikes.

2.5               To create a profile and make use of the Services, the User must, as a minimum, be 15 years of age.

  1.                 REGISTRATION AND CONDITION OF BIKES

3.1               The Bike Owner may register Bikes for rental to Riders via the Platform. To register a Bike, the Bike Owner will be asked to provide certain information, such as – but not limited to – frame number, brand, size, type of brakes, gears and type of tires as well as photo of the Bike in question. Bikes may be registered as Standard Bikes or Non-standard Bikes according to the definitions as explained on Donkey Republic’s website: (http://about.donkey.bike/standard-bike-definition).

3.2               Registered Bikes will be made available for rental to Riders via the App. In order for Bikes to be made available via the App, Bike Owners must install the Donkey Smart Lock to the Bikes.  Consequently, Bike Owner’s must purchase the Donkey Smart Locks included in the Donkey Kits for amounts indicated on http://donkey.bike/bike-owners. Donkey Republic guarantees the Donkey Smart Locks for two years, and commits to repair or replace dysfunctional locks for free. Donkey Republic commits to buy back the Donkey Smart Locks for 50% of the paid amount for the Donkey Kit, if locks are returned to Donkey Republic within 12 months after purchase.

3.3               The Bike Owner must maintain a minimum of two operative Bikes in the Bike Owner’s Hub for rent at a minimum of 95 % of the time in order to provide sufficient availability for Riders to make use of the Services to rent Bikes from the Bike Owner. Donkey Republic is committed to provide necessary real-time and summary of bike availability to the Bike Owner for this purpose.

3.4               The Bike Owner has exclusivity of Bikes for rental via the App in an area of 300 meters from the Bike Owner’s Hub which contains a minimum of five Standard Bikes in that Hub. Any Bike Owner can place up to total of three Bikes in the areas of exclusivity of other Bike Owners.

3.5               The Bike Owner is responsible for regularly maintaining and repairing the Bikes registered by the Bike Owner to a satisfactory and safe level of condition. Donkey Republic surveys Rider’s experience with the bikes and will warn the Bike Owner if the condition of the bikes does not meet the required level of condition based on the Riders’ feedback. Continued Rider dissatisfaction with the bikes over a three month period following Donkey Republic’s warning will be interpreted as violation of these T&Cs as expressed in 3.7.

3.6            The Bike Owner must brand the Bikes according to Donkey Republic’s guidelines found on Donkey Republic website: http://about.donkey.bike/bike-owner-branding-guidelines. Any deviations from the branding guidelines must be approved by Donkey Republic team.

3.7               The Bike Owner acknowledges and agrees that the Bike Owner alone is responsible for any and all Bikes registered by the Bike Owner. Accordingly, the Bike Owner represents and warrants that any Bike the Bike Owner registers or rents out to a Rider via the App (i) will not breach any agreements the Bike Owner has entered into with any 3rd parties and (ii) will be in compliance with all applicable laws and not conflict with rights of 3rd parties.

3.8               Donkey Republic is entitled, at its sole discretion, to disable a specific bicycle from rental registered by the Bike Owner if Bikes are considered to be objectionable or in violation of the T&Cs or applicable law. In such a case, Donkey Republic will notify the Bike Owner one week in advance in writing (via e-mail or notifications in the Bike Owner’s admin account on the Website).

  1.                 BOOKING OF BIKES AND PAYMENT

Booking and payment terms for Bike Owners and Riders

4.1               The Rider can book one or several Bikes via the Platform. The Booking will be made immediately upon payment of the Rental Fee and is not subject to Bike Owner’s confirmation.

4.2               A Booking may consist of one or more Bikes and may be made for the Organiser himself/herself and/or other Riders. If a Booking is made for other Riders, such Riders’ e-mails can be submitted as part of the Booking. The Organiser is sole and fully responsible for the Booking, including – but not limited to – the compliance of other Riders under same Booking with these T&Cs.

4.3               If applicable, Donkey Republic will collect the Delayed Return Surcharge and Relocation Surcharge at the time of End of Rental from the Organiser’s account.

4.4               Donkey Republic will initiate payment of the Bike Owner Earnings to the Bike Owner in the first week of each month. This payment covers all fees applicable to the Bookings that are ended.

 

Booking and payment terms for Bike Owners

4.5               The Bike Owner decides on the Rental Fee for the Bike Owner’s own Bikes in accordance with Donkey Republic guidelines for pricing of rental of Bikes via the Platform, which are displayed to the Bike Owner on the Website (http://about.donkey.bike/pricing-guidelines). Based on the guidelines, Donkey Republic has the right to reject the price set by the Bike Owner.

4.6               The Bike Owner hereby appoints Donkey Republic as the Bike Owner’s payment collection representative solely for the purpose of accepting the Rental Fees, Relocation Surcharges, Delayed Return Surcharges, and any other applicable Rental related charges, from Organisers.

4.7          Bike Owner Earnings are calculated as Rental Fees plus other applicable fees, including Delayed Return Surcharges and Relocation Surcharges, less Direct Marketing Costs and the applicable Facilitator Fee. Cancellation Fees are not included in the Bike Owner Earnings. The calculation of the Bike Owner Earnings is exemplified in the following cases found here: (https://help.donkey.bike/hc/en-us/articles/214108925-VAT-on-Bike-Rentals)

 

Booking and payment terms for Riders

4.8               The Bike Owner, and not Donkey Republic, is solely responsible for honoring any Bookings made via the Platform. The Organiser acknowledges and accepts that Donkey Republic is not a party to the agreement regarding rental of a Bike, which the Organiser enters into with the Bike Owner via the Platform. Notwithstanding this, the Organiser acknowledges and accepts that Donkey Republic acts as the Bike Owner’s payment collection representative for the sole purpose of accepting payments from the Organiser on behalf of the Bike Owner. Donkey Republic is also solely responsible to provide customer support and keep customer contact information on behalf of the Bike Owner.

4.9             The total Rental Fee payable will be displayed via the Platform before the Organiser makes a Booking. Once a Booking transaction, including payment of Rental Fee, is complete, the Organiser will receive a confirmation via e-mail summarizing the confirmed Booking.

4.10       Bike Owner approves Donkey Republic to issue relevant invoices to Organisers and Riders on behalf of Bike Owner. Such relevant invoices can be a 3rd party invoice issued by Donkey Republic on behalf of Bike Owner. Each invoice will have a unique ID number and allow Bike Owner to identify the specific rental. Donkey Republic shall issue and send the invoice directly to the Organisers and Riders email account, whichever applicable. Donkey Republic shall also give Bike Owner access to view invoices online, as well as download invoices. Donkey Republic issues a 3rd party invoice which complies with requirements for 3rd party invoices issued in Denmark. It is the responsibility of the Bike Owner to ensure the 3rd party invoice includes the necessary details to comply with accounting requirements in the territory where Bike Owner is operating, if this is different from Denmark.

4.11             The Organiser is entitled to cancel a Booking made until the bike is Picked Up. In that event, the Organiser is 100% refunded.

4.12             It is not possible to cancel a Booking of a Bike, once Rental of said Bike has been Picked Up, unless sections 8.3 and 8.4 apply.

4.13             If the Rider does not End the Rental properly (cf. sections 7.5-7.7 below), the Rental will automatically extend and the Organiser will be charged accordingly with a Delayed Return Surcharge. Extended Rentals will be charged according to the pricing guidelines for Delayed Return Surcharges published on Donkey Republic’s website (http://about.donkey.bike/pricing-guidelines).

4.14             A Relocation Surcharge is payable, if the Organiser does not return the Bike(s) to the correct and dedicated Hub as displayed in the App. The Relocation Surcharges are displayed on the Website (http://about.donkey.bike/relocation-fees).

4.15             The Organiser agrees to pay the Rental Fee for any Bookings made via the Platform and any applicable Relocation Surcharges and Delayed Return Surcharges for any misplacement and delayed returns of Bikes, and the Organiser hereby authorizes the collection of such Rental Fee, Relocation Surcharge and Delayed Return Surcharge by charging the Organiser’s credit card either directly by Donkey Republic or indirectly through a 3rd party payment processor of Donkey Republic.

Handling of Direct Marketing Costs

4.16    Direct Handling Costs are costs directly associable with specific bookings, as defined in 1.27. Donkey Republic’s of Bike Owners’ marketing related costs that are not directly associable with specific bookings are not included in the Direct Handling Costs.

4.17    Direct Marketing Costs are shared between Bike Owner and Donkey Republic, whereby Donkey Republic takes 20% of the direct marketing costs in line with its Facilitator Fees.

4.18    More detailed description of the determination and administration of the Direct Marketing Costs are outlined on this link: (https://help.donkey.bike/hc/en-us/articles/115003482245-Handling-of-Direct-Marketing-Costs)

Memberships

4.19     A User can become a member of the Platform by signing up for one of the subscription packages detailed on (https://www.donkey.bike/membership/).

4.20     Memberships are limited to users who reside in the cities of Donkey service. Members must have a valid credit card issued in the country where the member resides.

4.21    Members receive discount on each Rental expressed in the relevant membership package that is found under https://www.donkey.bike/membership/.

4.22    Membership revenues are seen and treated as Rental Fees based on the city where membership is obtained. That means membership fees less Facilitator Fee are distributed to Bike Owners. If there are multiple Bike Owners in a city, each Bike Owner receives membership fee in proportion to their number of Bikes.

4.23    For annual memberships, Bike Owners are paid a monthly revenue as the membership progresses.

4.24    All rental prices for members are subject to change.

4.25    Membership fees cannot be refunded. If a membership is cancelled, the cancellation will take effect automatically on the day of new period.

Memberships

4.19     A User can become a member of the Platform by signing up for one of the subscription packages detailed on (https://www.donkey.bike/membership/).

4.20     Memberships are limited to users who reside in the cities of Donkey service. Members must have a valid credit card issued in the country where the member resides.

4.21    Members receive discount on each Rental expressed in the relevant membership package that is found under https://www.donkey.bike/membership/.

4.22    Membership revenues are seen and treated as Rental Fees based on the city where membership is obtained. That means membership fees less Facilitator Fee are distributed to Bike Owners. If there are multiple Bike Owners in a city, each Bike Owner receives membership fee in proportion to their number of Bikes.

4.23    For annual memberships, Bike Owners are paid a monthly revenue as the membership accrues over time.

4.24    All rental prices for members are subject to change.

4.25    Membership fees cannot be refunded. If a membership is cancelled, the cancellation will take effect immediately.

 

  1. AFFILIATES

Local Affiliates

5.1.       A Local Affiliate deal is set up by Bike Owners at their own discretion. The Affiliate Fee for Local Affiliates cannot be more than 50% of Rental Fee.

5.2       Donkey Republic will initiate payment to Local Affiliates of earned Affiliate Fees in the first week of each month. This payment covers all earnings applicable to the Bookings that are ended.

 

Global Affiliates

5.3      To facilitate a Global Affiliate relationship, Donkey Republic may use a special code, special URLs, or other techniques such as iFraming, or API integration.

5.4      A Global Affiliate deal can only be set up by Donkey Republic, and the Affiliate Fee for Global Affiliates cannot exceed 20% of Rental Fee

5.5     Donkey Republic will initiate payment of Affiliate Fees for Global Affiliates in the first week of each month. This payment covers all earnings applicable to the Bookings that are ended.

 

Affiliate Operations

5.6       Affiliates are not responsible for well-being or management of the bicycles.

5.7        Affiliates receive monthly report on the usage of the bikes that provide them with transparency around their earnings.

5.8      Affiliates are encouraged to use all Donkey Republic authorised materials

 

  1.                 AVAILABILITY

6.1               The availability of Bikes is showed on the map in the App.

6.2               The Platform ensures availability of the Bikes at the time of Booking, and it also warns Bike Owners against changes in the Bikes’ locations or status, if there is an upcoming Booking on the Bike in question.

6.3               The Organiser will be fully refunded, if a Bike booked is not available in the expected location for whatever reason.

6.4               Subject to section 6.3, Donkey Republic undertakes no liability for the availability of the Bikes.

 

  1.                 USE OF THE BIKES

7.1               A Bike is released for use to the Rider by unlocking the Bike at the Hub.

7.2               During use of the Bike, the Rider warrants to comply with these T&Cs as well as applicable national legislation on rules for bicycle riding.  The applicable national legislation for various countries with Donkey service are provided below:

Denmark: http://about.donkey.bike/rules-for-denmark

Spain: http://about.donkey.bike/rules-for-spain

Sweden: http://about.donkey.bike/rules-for-sweden

United Kingdom: http://about.donkey.bike/rules-for-united-kingdom

United States: http://about.donkey.bike/rules-for-united-states

 

7.2     Standard Bikes must support a minimum seat height of 85 cm or less from floor to the top of the seat, and a maximum seat height of 95 cm or more from floor to the top of the seat.  The Bike should be safe to ride for persons with a maximum weight of 100 kg. Usage outside these ranges may increase risks of accidents or inconvenience. It is not allowed to be two persons on the same Bike.

7.3     On the Website (http://about.donkey.bike/guidelines-for-riders), the Rider can access recommendations on how to check the condition of a Bike at the beginning of the Rental, and how to park the Bike after use to End Rental.

7.4               A Rider is at all times obligated to use the Bike in an appropriate, legitimate and justifiable fashion, and the Organiser is liable for any damage on the Bike caused by or attributed to the Rider’s negligent or intentional actions or omissions.

7.5               When the Rider finishes the Rental, the Rider is responsible for correctly locking the Bike at the dedicated Hub and to End Rental. Detailed instructions for locking the Bike are available and displayed in the App. These instructions are prompted by the Rider by pressing the “End of Rental”-button in the App.

7.6               The Rider is responsible for parking the Bike in a legitimate appropriate manner in the correct and dedicated Hub as displayed in the App. The App will confirm, if the Bike is parked correctly in the Hub. If a Bike is not returned and parked accordingly, the Organiser must pay the applicable Relocation Surcharge.

7.7               The Rider is responsible to end the Rental via the App, and any failure to do so shall solely be the Rider’s risk. A Rental that has not been ended correctly will automatically extend and the Organiser will be charged accordingly with the applicable Delayed Return Surcharge.

  1.                 DEFECTS AND DAMAGES ON THE BIKE

8.1               Prior to and up until the first ten minutes of use of the Bike, the Rider shall examine the Bike to identify any defects or damages, including – but not limited to – functional brakes and steering wheel, tires not flat, stable seat and functional lights (if needed).

8.2               By making use of the Bike for longer than ten minutes, the Rider automatically confirms that the Bike, as per commencement of Rental, is operational and free from any defects and damages (except for immaterial damages due to normal wear and tear).

8.3               If a defect or damage on the Bike is identified by the Rider within the first ten minutes of the Rental and if the Bike is unable to be used because of the defect or damage, the Rider is entitled to cancel the Rental by pressing the cancel rental-button in the App. The Organiser will be fully reimbursed for any paid Rental Fee, when the defect or damage is confirmed by the Bike Owner and the defect or damage is not ascribed to the Rider.

8.4               If any defects or damages occur to the Bike after the first ten minutes of the Rental, the Rider shall immediately report these via the Platform, cf. section 8.5. If the Bike is unable to be used because of the defect or damage identified by the Rider during the Rental, the Bike shall be returned and locked in accordance with sections 7.4 and 7.5 above. In such case, the Organiser will not be reimbursed, but neither held responsible for such damage or defect.

8.5               In any event, any defects or damages on the Bike that the Rider identifies during the Rental must be promptly reported via the help menu in the App.

8.6               The Bike Owner must regularly maintain and repair the Bikes. When the Bike Owner receives a report about a defect or damage on a Bike, the Bike is removed from visibility in the App and not able to rent, and the Bike Owner will make sure that the Bike is repaired as swiftly as possible.

  1.                 LIABILITY OF THE USER

9.1               During the Rental, the Organiser is sole and fully responsible for the Bike(s) made under the Booking. The Organiser acknowledges to be responsible for own and the Rider’s acts and omissions under said Booking. Consequently, neither Donkey Republic nor Bike Owners are responsible for Riders’ use of the Bikes and shall have no liability in case a Rider is involved in any accidents and sustain any damages or injuries as a consequence thereof.

9.2               The Organiser is liable for any defects or damages that occur on the Bike during the Rental, when such damage or defect is due to negligent use or use in conflict with the T&Cs. The Organiser is not liable with respect to accidental defects or damages, such as puncture of a tire. However, the Organizer will be charged for damages to frame of the bike or wheels of the bike that can be associated with misbehavior. These charges are outlined here: https://donkeyrepublichelp.zendesk.com/knowledge/articles/115004415325/en-us?brand_id=741911

9.3               If End of Rental of a Bike is not completed, such Bike will – unless found and relocated by a Bike Owner – be regarded as lost or stolen and the Organiser is liable hereof.

9.4               In the event that a Bike Owner claims and provides evidence for damages or defects to a Bike as described in section 9.2 above, including – but not limited to – photographs, the Organiser agrees to pay the costs of repairing such Bike.

 

The Case of No Bike Theft Insurance

9.5        If the Rider has not purchased a Bike Theft Insurance,  under such liability as described in sections 9.1 to 9.4, the Organiser will be notified of the claim of intentional damages, disappearance or theft and given forty eight hours to respond. When a Bike has been missing for 30 days, Donkey Republic has the right to charge the Organiser EUR 300, in order to compensate the Bike Owner. The amount will be charged directly on the Organiser’s credit card.

9.6          If an Organizer is charged due to a missing Bike as described in 9.5, and later the Bike is recovered, Donkey Republic will refund the Organiser with EUR 200 if the Bike is recovered within 60 days after reported missing, and EUR 100 if the Bike is recovered within 90 days after reported missing. If the Bike is recovered after more than 90 days after the Bike is reported missing, Organizer will not be refunded.

9.7           Under such liability as described under sections 9.1 to 9.4, Donkey Republic will refund the Bike Owner with 250 EUR for the missing bike after 90 days from the date of bike being registered as missing, if the bike is not recovered.

9.8           In order for the Bike Owner to collect the 250 EUR from Donkey Republic in case bicycles are not found or stolen as expressed in 9.7, Donkey Republic’s bike security guidelines on the Website (http://about.donkey.bike/bike-security-guidelines) must have been complied with by the Bike Owner. If these security guidelines have not been complied with by Bike Owner, Donkey Republic shall pay 125 EUR to Bike Owner for a Bike not found or stolen.

9.9            Bike Owners must report any Bikes that are paid for by Donkey Republic according with 9.7, if the bike is recovered at a later stage. With the recovery, Donkey Republic will be refunded the 100 EUR (or 50 EUR). If the Bike Owner fails to report bike recovery to Donkey Republic, Bike Owner shall pay a penalty of 2,500 EUR for a bike that is found in its fleet for which it received payment from Donkey Republic.

 

The Case of Bike Theft Insurance

9.10      If a Rider has purchased a Bike Theft Insurance, the Organiser will be notified of the claim of intentional damages, disappearance or theft and given forty eight hours to respond. When a Bike has been missing for 30 days, Donkey Republic has the right to charge the Organiser EUR 30, in order to compensate the Bike Owner. The amount will be charged directly on the Organiser’s credit card.

9.11          If an Organizer is charged due to a missing Bike as described in 9.10 after 30 days of Bike reported missing, and later the Bike is recovered, Donkey Republic will not refund the Organizer.

9.12        The Rider Theft Insurance does not change the relationship of Donkey Republic towards Bike Owners. 9.7 – 9.9 apply in the same way if the case of Bike Theft insurance.

 

  1.              DATA PRIVACY

10.1             Information about the User will be collected, stored and used by Donkey Republic in connection with the creation of a profile and registration as a user together with the User’s use of the App, Website or Services. Such information may include personal data, which will be processed by Donkey Republic to provide the Services. The collection and processing of such personal data is in compliance with applicable data protection legislation and is explained in more detail in Donkey Republic’s Privacy Policy available at the Website (http://about.donkey.bike/privacy-policy).

10.2             By creating a profile or registering as a User via the App and Website or by making use of the Services, the User accepts Donkey Republic’s Privacy Policy.

  1.              TERMINATION

11.1             If the User breaches the T&Cs, Donkey Republic is, at its sole discretion and without liability to the User, entitled to terminate the User’s use of the Services, the App and the Website and deactivate and cancel the User’s account. In such a case, Donkey Republic will notify the Bike Owner one month in advance of termination with clear explanation of the reason(s) for breach of the T&Cs and, if viable, potential remedies.

11.2             In case of termination under section 11.1, the User is not entitled to demand reimbursement, damage or compensation for any direct or indirect financial loss suffered, whereas Donkey Republic is entitled to compensation for any direct or indirect financial loss suffered.

11.3             The Organiser and Rider may cancel the use of the Services and account at any time. Cancellation of account must be done by contacting Donkey Republic support at  +45 89 88 72 27  or, mailto: [email protected].

11.4             The Bike Owner may cancel the use of the Services and account with one month’s prior notice. Cancellation of Bike Owner account must be done by requesting cancellation of the Services by e-mail to [email protected]

  1.              DISCLAIMER AND DONKEY REPUBLIC’S LIMITATION OF LIABILITY

12.1             The Services, the App and the Website are provided on an “as is” and “as available”-basis without warranty of any kind, either express or implied. Without limitations to the foregoing, Donkey Republic explicitly disclaims any warranty of merchantability, fitness for a purpose or non-infringement. Furthermore, Donkey Republic makes no warranty that the Services, the App or the Website will meet the User’s requirements or be available on an uninterrupted or error-free basis.

12.2             From time to time, the Services, the App and/or the Website may experience interruptions due to planned service maintenance and updates. With such planned interruptions, Donkey Republic will aim to make any planned interruptions with minimum harm to the User: i) For planned interruptions of less than ten minutes, Donkey Republic can execute interruptions without prior communication to the User, ii) for planned interruptions of more than ten minutes and up to two hours, Donkey Republic strives to notify the User with up to 24 hours prior notice, and iii) for planned interruptions of more than two hours, Donkey Republic strives to notify the User with up to 24 hours prior notice and to obtain the Bike Owners’ prior consent for timing of the interruptions.

12.3             Donkey Republic shall under no circumstances be held liable for any consequential loss, loss of profit or any other indirect losses. Donkey Republic can neither be held liable towards the User and/or any 3rd parties for Users’ use of the Services and use or rental of Bikes.

12.4             Donkey Republic shall neither be liable for system failures of the App or the Website and/or other parts of the digital and electronic rental service system.

12.5             With respect to damages on goods and persons due to defects on Bikes (product liability), Donkey Republic shall be liable only if and to the extent such liability follows from mandatory product liability rules.

12.6             In all events, Donkey Republic’s liability, including product liability, is limited to DKK 10,000.

  1.              MISCELLANEOUS

13.1             Donkey Republic is entitled to use subcontractors and to transfer its rights and obligations under these T&Cs to 3rd parties.

13.2             Donkey Republic reserves its rights to change the T&Cs without further notice.  If Donkey Republic changes these T&Cs, the updated T&Cs will be posted on the Website or via the App and communicated to the User by e-mail. The date of the most recent update will be stated in the beginning of the T&Cs. Unless otherwise stated, changes to the T&Cs will be effective at the time of posting and the User’s continued access to and use of the Services, Website or App will constitute acceptance of the updated T&Cs. If the changes of the T&Cs include material changes (by decreasing the User’s rights or increasing the User’s responsibilities), Donkey Republic will provide the User with notice prior to the changes taking effect. If the User cannot accept the changes, the User shall cease using the Services, the Website and the App.

13.3             These T&Cs supersede any and all prior or contemporaneous understandings or agreements whether written or oral between the User and Donkey Republic.

13.4             The App, Website, Services and Donkey Kits, including Donkey Smart Locks, are protected by copyright, trademark, and other applicable intellectual property laws. Hence, the User acknowledges and agrees that the App, Website and Services, including all associated intellectual property rights, belong exclusively to Donkey Republic. Further, the User acknowledges and agrees that all intellectual property rights associated with the Donkey Kits, including the Donkey Smart Locks, belong exclusively to Donkey Republic.

13.5             In case of feedback or other requests, the User shall contact Rune Kokholm, COO of Donkey Republic, at +45 8988 7227 or [email protected]

  1.              CHOICE OF LAW AND VENUE

14.1             These T&Cs and any disputes concerning the User’s use of the Services, the App or the Website shall be governed by and construed in accordance with the laws of the Kingdom of Denmark and disregarding its rules on choice of law.

14.2             Any action under or concerning these T&Cs and any disputes concerning the User’s use of the Services, the App or the Website shall be brought exclusively before the Danish courts.