Terms and Conditions

Donkey Republic’s Terms and Conditions

Last Update: November 7th, 2018.

Donkey Republic’s Terms and Conditions

These terms and conditions shall from 15th of March 2019 apply in all matters between Riders and

DonkeyRepublic Admin ApS, Business Registration No. (CVR) DK38049488, Christians IX’s gade 7, 5. sal, 1111 Copenhagen K, Denmark, e-mail: [email protected], phone: (+45) 89887227 (in the following “Donkey Republic”).

Donkey Republic provides a digital platform, who has vehicles such as bicycles, ebikes, trailers and scooters (“Vehicle(s)”) for rent (collectively “the Services”). The Services are available via Donkey Republic’s mobile application (“the App”), which is accessed by initially registering as a Rider on Donkey Republic’s website (“the Website”) at www.donkey.bike.

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

 

Definitions

“Rider” means the person making the Booking.

“Co-Rider means the person who uses a Vehicle.

Booking” means any Rental of one or more Vehicles by committing to pay and authorizing the first day’s rental fee.

Rental” means the period from Start of Rental to End of Rental.

“Start of Rental” means the time from which the Co-Rider has gained access to the Vehicle via the App.

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

Hub” (also called a “Drop-off Location”) means the geo-tagged location for Vehicles visible through the App, where the Vehicles are taken from and returned to.

 

  1. IDENTIFICATION AND REGISTRATION
  • Before making use of the Services, the Rider must create a profile and register via the Platform.
  • The Rider shall ensure that the information provided to Donkey Republic is correct and to keep this information up to date.

As part of the registration, the Rider will be asked to provide customary billing information, including – but not limited to – payment card details to Donkey Republic or its 3rd party payment processor.

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

 

  1. BOOKING AND PAYMENT
  • The Booking shall be made via the Platform.
  • A Booking may consist of one or more Vehicles and may be made for the Rider himself/herself and/or other Co-Riders. If a Booking is made for other Co-Riders, such Co-Riders’ e-mails can be submitted as part of the Booking.
  • The Rider agrees to pay the Rental fee for any Bookings made via the Platform and any applicable Relocation Surcharges for any misplacement of Vehicles. The Rider hereby authorizes the collection of such Rental fee, and Relocation Surcharge by charging the Rider’s payment card either directly by Donkey Republic or indirectly through a 3rd party payment processor of Donkey Republic.
  • The prices are shown before the Booking.
  • The Rental Fee will be displayed via the App during the Rental.
  • A relocation surcharge is payable by the Rider, if the Vehicle is not correctly returned to the dedicated Hub as displayed in the App (“Relocation Surcharge”).
  • Upon Booking confirmation, the Platform will authorize (but not charge) the payment of the amount equivalent to one day rental of the rented Vehicle from Rider.
  • If the Rental exceeds one day (24 hours), the Platform will authorise the payment for the next upcoming 24 hours’ charges on the rented Vehicle from the Rider.
  • Upon the End of Rental, the Rider will be charged the actual price for the Rental from its payment card. Hereafter, Donkey Republic issues payment receipt of the Rental to Riders email account. Each receipt will have a unique ID number and allow Donkey Republic to identify the specific Rental.

Cancellation

  • The Rider is entitled to cancel a Booking made until the Vehicle is picked up, i.e. where a Vehicle is unlocked for the first time in a Rental. In that event, the Rider is 100% refunded.
  • In accordance with the applicable consumer agreement law you have the right to cancel a purchase made online within 14 days from the day you ordered the service. By unlocking the Vehicle, the Rental starts. By starting the Rental, you give your acceptance to waive your cancellation right. You can always end the Rental in the App.
  • If the Vehicle has been inactive for more than 12 hours, the Platform may send notifications to the Co-Rider through the App and through SMS services and through email to remind Co-Rider of the ongoing Rental.

Memberships

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

 

  1. AVAILABILITY
  • The availability of Vehicles is showed on the map in the App.
  • if a Vehicle booked is not available in the expected location for whatever reason the Rider will be fully refunded. The refund is done when the Rider cancel the Rental in the App for the refund. Donkey Republic does not undertake any other liability for the availability of the Vehicles.

 

  1. USE OF THE VEHICLES
  • The Rider shall ensure that the Co-Riders are aware of and 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 is provided below:
  • The Vehicle is intended for 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 Vehicle.
  • On the Website (), the Co-Rider can access recommendations on how to check the condition of a Vehicle at the beginning of the Rental, and how to park the Vehicle after use to End Rental. The Co-Rider can also find information of the Vehicles seat heights.
  • A Co-Rider is at all times obligated to use the Vehicle in an appropriate, legitimate and justifiable fashion.
  • When the Co-Rider finishes the Rental, the Co-Rider shall ensure
    • correctly locking the Vehicle at a Hub and to End Rental. Detailed instructions for locking the Vehicle are described in the App. These instructions are prompted by the Co-Rider by pressing the “End Rental” button in the App;
    • parking the Vehicle in a legitimate appropriate manner in the correct and dedicated Hub as displayed in the App. The App will confirm, if the Vehicle is parked correctly in the Hub. If a Vehicle is not returned and parked accordingly, the Rider must pay the applicable Relocation Surcharge;
    • to End the Rental via the App.

 

  1. DEFECTS AND DAMAGES ON THE VEHICLE
  • Prior to the pick up, the Co-Rider shall examine the Vehicle to identify any visible defects or damages, including – but not limited to – tires and lights, and brakes, seat, handlebar as applicable.
  • If a defect or damage on the Vehicle is identified by the Co-Rider and if the Vehicle is unusable because of the defect or damage, the Co-Rider is entitled to cancel the Rental by pressing the cancel rental-button in the App. The Rider will be fully reimbursed for any paid Rental Fee.

 

  1. LIABILITY OF THE RIDER
  • During the Rental, the Rider is sole and fully responsible for the Booking including – but not limited to – the compliance with these T&Cs of all Co-Riders under the same Booking. The Rider acknowledges to be responsible for own and the Co-Rider’s acts and omissions under said Booking. Consequently, Donkey Republic is not responsible for the use of the Vehicles and shall have no liability in case a Co-Rider is involved in any accidents and sustain any damages or injuries as a consequence thereof.
  • The Rider is liable for any defects or damages on the Vehicles during the Rental, when such damage or defect is due to the Rider’s and/the Co-Rider’s negligent use, use in conflict with the T&Cs or intentional actions or omissions. The Rider is not liable with respect to accidental defects or damages, such as puncture of a tire. However, the Rider will be charged for damages to frame or wheels of the Vehicle that can be associated with misbehavior. These charges are outlined here: https://donkeyrepublichelp.zendesk.com/knowledge/articles/115004415325/en-us?brand_id=741911
  • Any failure to end the Rental via the App shall solely be the Rider’s risk. A Rental that has not been ended correctly will automatically extend and the Rider will be charged accordingly with the applicable Relocation Surcharge.
  • If End of Rental of a Vehicle is not completed, and Rider cannot be charged for the ongoing Rental, such Vehicle will – unless found and relocated by a Vehicle Owner – be regarded as lost or stolen and the Rider is liable hereof.

 

Missing Vehicle

The case of no theft insurance

  • If the Rider has not purchased a theft insurance during the Booking, the Rider will be notified of the claim of disappearance or theft and given 48 hours to respond. When a Vehicle has been missing for 30 days, Donkey Republic has the right to charge the Rider directly on its payment card the following amounts in order to compensate Donkey Republic:
    • Bike, trailer or eScooter: 300 EUR /Vehicle
    • eBike: 600 EUR
  • If a Rider is charged due to a missing Vehicle as described in [9.4], and later the Vehicle is recovered, Donkey Republic 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.

The case of theft insurance

  • If a Rider has purchased the theft insurance during the Booking, the Rider will be notified of the claim of disappearance or theft and given 48 hours to respond. When the Vehicle has been missing for 30 days, Donkey Republic has the right to charge the Rider 10% of the amounts mentioned in [7.4], in order to compensate Donkey Republic. The amount will be charged directly on the Rider’s payment card.
  • If a Rider is charged due to a missing Vehicle as described in [7.7] after 30 days of Vehicle reported missing, and later the Vehicle is recovered, Donkey Republic will not refund the Rider.

 

  1. DATA PRIVACY

 

  1. TERMINATION
  • If the Rider breaches the T&Cs, Donkey Republic is entitled to terminate the use of the Services, the App and the Website and deactivate and cancel the account.
  • In case of such termination, the Rider is not entitled to demand reimbursement for the paid Rental.
  • The Rider may cancel the use of the Services and account at any time. Cancellation of account is done by contacting Donkey Republic support at +45 89 88 72 27 or, mailto: [email protected].

 

  1. DISCLAIMER AND DONKEY REPUBLIC’S LIMITATION OF LIABILITY
  • Donkey Republic is liable in accordance with applicable law, with the following limitations:
    • Donkey Republic shall not be held liable for any indirect or consequential losses. Donkey Republic can neither be held liable towards the Rider and/or any 3rd parties for Riders’ use of the Services and use or rental of Vehicles;
    • 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 Rider’s requirements or be available on an uninterrupted or error-free basis;
    • Donkey Republic shall not be held liable for any service interruptions due to system failures of the App or the Website and/or other parts of the digital and electronic rental service system or any situation outside Donkey Republic’s reasonable control (force majeure);
    • With respect to damages on goods and persons due to defects on Vehicles, Donkey Republic shall be liable only if and to the extent such liability follows from mandatory product liability rules (“Product Liability”).
    • In all other events than Product Liability, Donkey Republic’s liability, is limited to EUR 2,000.

 

  1. MISCELLANEOUS
  • Donkey Republic is entitled to use subcontractors and to transfer its rights and obligations under these T&Cs to 3rd parties.
  • The App, Website, and Services are protected by copyright, trademark, and other applicable intellectual property laws. Hence, the Rider acknowledges and agrees that the App, Website and Services, including all associated intellectual property rights, belong exclusively to Donkey Republic.

Claims and feedback

  • In case of feedback, requests or if you are not satisfied with the services, please contact Carmen Hasenknopf, at +45 8988 7227 or .
  • If you have a claim of the services, you can send a claim to ”Center for Klageløsning” in ”Konkurrence- og Forbrugerstyrelsen”, Carl Jacobsens Vej 35, 2500 Valby. You can submit your claim to Center for Klageløsning via forbrug.dk.
  • The European Commission has an online portal in case you would like to submit a claim. This is particularly relevant if you are living in another EU country. Complaints can be submitted at http://ec.europa.eu/odr

  1. CHOICE OF LAW AND VENUE
  • These T&Cs and any disputes concerning the Rider’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.
  • Any action under or concerning these T&Cs and any disputes concerning the use of the Services, the App or the Website shall be brought exclusively before the Danish courts.