The general rental conditions are attached to each rental agreement between TOOTOOT, hereinafter referred to as the lessor, and the tenant who identifies himself through the reservation module on the website https://www.tootoot.be. If the tenant is a consumer in the sense of Article I.1 2° of the Economic Code, the right of withdrawal from Article 5.C applies additionally.
Art. 1: General conditions
For each rental or additional service (packages as stipulated in Article 2B such as picnic, guided tour,...), the lessor will request a valid ID from the tenant and take a copy. This is for final confirmation of the identity of the tenant.
The reservation for rental or the order of the related service is only valid after approval of the general rental conditions on the website (after checking “I agree with the general rental conditions” in the reservation module on https://www.tootoot.be) and receipt of a confirmation (e-mail) from the lessor of availability and reservation of the chosen date. The tenant is always personally liable for compliance with the rental conditions, even if a third party uses the bike and accessories.
The lessor determines rental prices and guarantees. The tenant can consult the prices on the website https://www.tootoot.be. The rent due and these conditions apply at the time of signing the rental agreement (after checking “I agree with the general rental conditions” in the reservation module at https://www.tootoot.be).
The deposits per bike are communicated on the website https://www.tootoot.be and must be paid at the time of the online reservation (e.g. via pre-authorization via a valid credit card or by any other means). If any damage was found after checking the rented bike and accessories, this will be reported to the tenant within 24 hours of its return with the amount deducted from the deposit. If no damage was found after inspection, the lessor will refund or release the deposit to the tenant's benefit by wire transfer to the tenant's account within 3 business days of return.
The tenant agrees to use the equipment with care as a good steward and according to the provisions stated in this agreement.
The tenant agrees not to use drugs, excessive alcohol (more than 0.5 promille or 0.22 mg/l AOL), sleep-inducing or narcotics (not prescribed or prescribed by a physician but with advice not to engage in traffic) while using the bicycle and accessories during the rental period.
The tenant shall refrain from any form of betting, challenge, tussle, intentional crime or clearly reckless act, suicide or attempted suicide while using the rented materials. The tenant refrains from participating in competitions of any kind.
The lessor shall not be liable for any accidents when using the bicycle except for intent or gross negligence or for bodily injury or death. Book VI new Civil Code is expressly and as far as legally possible, excluded with regard to the lessor. The tenant accepts not to be able to invoke any extra-contractual liability of the lessor and accepts the performance immunity of the lessor's appointees.
The tenant must know and respect the Belgian road code. Any consequence of violating the Belgian road code is the responsibility of the tenant. If the tenant is abroad, the tenant must comply with the road code applicable there.
Art. 2: Beginning of the rental period and receipt of equipment
The lessor will provide the rented goods, as described on the website, to the tenant, in good working order, ready to be used and provide the services in accordance with the description on the website. The lessor may, in case of force majeure, modify or, if necessary, cancel the rental agreement if the rented goods are unrentable (for example: due to damage incurred during a previous rental) or modify the services.
The rental period begins when the equipment is made available to the tenant (this can be between 09:00 and 11:00) unless otherwise agreed.
The tenant checks the proper operation of the rented equipment upon receipt. Any defects in the equipment should be reported by the tenant upon receipt of the goods. The lessor shall repair the detected defects free of charge or provide another bicycle or refund the tenant's rental fees for the bicycle. Any damage not reported in writing at that time will be deemed to have been made by the tenant.
The lessor delivers the bike in good working order and with charged battery. The bike is equipped with an ART 2 or ART 3 approved chain lock with key. The lessor will provide the battery charger if the rental period is more than 2 days. If the extra parts are missing and/or damaged at the time of return, they will be charged to the tenant.
On the road
In case of defect of the rented equipment, the tenant must immediately notify the lessor, so that the lessor has the opportunity to anticipate the necessary repairs. All repairs necessitated by the tenant's negligence (including failure to report damage or defect in a timely manner), by damage caused by the tenant or third parties, or by abnormal use will be borne by the tenant and will be invoiced at our repair partner's customary applied rate (working time and materials) plus travel expenses.
The tenant is also liable for the loss or theft of the bicycle and bicycle parts. The lessor does not insure the rented equipment against defect, breakdown, loss or theft and it is the tenant's sole responsibility to insure against this if deemed necessary.
In the event of a bicycle (and accessories) breakdown or defect resulting from normal use, hidden defects, or a defect that could not be detected by reasonable examination at the time of delivery, the lessor may either repair the breakdown or replace the bicycle. If repair is impossible and no replacement bicycle is available, the lessor may immediately terminate the rental agreement and the lessor will not be responsible to the tenant for such termination; nor will the lessor be responsible for consequential damages in the event of defective operation of the unit. There will be no refund of payments in that case.
In case of delivery and collection by the lessor, the lessor charges transportation costs. There is the condition that the start and arrival location must be within 25 km around Halle, as shown on the website. Per kilometer outside this radius, the lessor charges an additional cost per kilometer of € 1.00.
The lessor charges a waiting fee on delivery and collection if the rented bikes or the tenant are not present at the agreed time. The waiting fee is € 24.00 per started half hour / driver (excluding VAT), increased by 50% on weekends.
Art. 2b: Packages
The lessor offers a number of packages through the website. These are only available if reservations are made at least three days in advance.
Guided tours: for three hours a guide will take the tenant(s) through our region. The tenant informs the lessor in advance which approach is chosen: nature experience, cultural experience, sports experience. The lessor works out an itinerary based on this preference.
Picnic packages: it is the tenant's responsibility to notify the lessor in advance of food allergies and any availability of modified versions of the picnic package is subject to all reservations. The meals are made and packaged by a third party fresh daily. The lessor in no way bears the food safety responsibility for these picnics and any liability of the third party service provider in this regard is not opposable to the lessor.
Art. 3: End of the tenancy and renewal
Unless expressly agreed otherwise, the tenant is obliged to deliver the equipment, undamaged, in good working order, to the lessor's rental location, or any other agreed location, at the end of the agreed rental period (return is possible between 16:00 and 18:00). Transport is at the tenant's expense and risk, unless otherwise agreed.
If the equipment is not returned by the tenant at the end of the agreed rental period, compensation equal to 200% of the rental fee for one calendar day per bicycle will be due, per day of delay.
If, when the equipment is returned, it appears that the tenant has not complied with its maintenance obligations or the lessor establishes repair costs after full inspection, the repair will be charged. This repair consists of the cost price for the necessary working hours and material costs required for the repair by the lessor or a third party repairer at the lessor's discretion. The defects upon receipt of the material will be communicated to the tenant personally within a reasonable period of time after the defects are found. In the absence of response within 3 days of notification, the tenant will be deemed to have agreed to the existence of the identified defects.
The lessor has the right to terminate or cancel the present contract without notice in the following cases:
- If the tenant fails to pay the lessor's invoices by the due date or if the tenant uses all or part of the equipment for a purpose other than that for which it was intended, without the lessor's prior express consent.
- When the renter violates the obligations of the rental conditions.
- When there is reasonable doubt as to the identity of the tenant or his solvency (both with respect to the payment of the rental fee in question and for the possible guarantee of the renter in case of breakdown, breakdown, loss or theft).
Early return of the bicycle does not entitle the renter to any refunds, nor of the rental fees paid.
Extending the contract at the tenant's request and after the lessor's agreement, is always treated as a new lease. Exceptions can only be granted by the lessor. Upon renewal of the rental contract, the tenant will present himself and his bicycle to the lessor for full inspection and any repair costs and the battery status will be checked.
Art. 4: Special conditions specific to the rental
The lessor has at all times the right to examine the leased material and the tenant will always allow the lessor access to the material.
If a third party, as a result of a pledge, custodial attachment or in any other way would assert rights to the material, the tenant is obliged to inform the lessor immediately and in writing. He must also inform any third party concerned at all times of the lessor's ownership rights to the leased material (e.g. his lessor).
Art. 5: Payment and fees charged
Art. 5.A Payment
The rate mentioned in the shopping cart (offer) must be paid during the reservation of the bikes and accessories. Payment can only be made in the manner made possible by lessor at the time of payment (online banking, credit card, ...).
Art. 5.B Cancellation
In case of cancellation (unless because of a reason included in these terms and conditions) of a reservation, each party may charge cancellation fees:
- Cancellation one week to 48 hours before the start of rental: 25% of the total cost (but 100% of associated services like picnic, guide service...).
- Cancellation 48 hours to 24 hours before rental starts: 50% of the total cost (but 100% of associated services like picnic, guide service...).
- Cancellation 24 hours before rental starts: 100% of the total cost (including 100% of associated services like picnic, guide service...).
The tenant is not required to pay a cancellation fee in case of valid reasons of illness or proven and unexpected force majeure. Bad weather is not force majeure.
The lessor does not have to pay cancellation fees in case of justifiable reasons of unexpected unavailability of the rented equipment due to the necessity of repair (e.g. due to damage from previous rental or defects detected in the 24 hours before or at the time of the start of the rental).
Art. 5.C Consumers' right of withdrawal
If the tenant is a consumer (i.e. someone who does not work for his commercial, industrial, artisanal or self-employed activity), he has a right of withdrawal of 14 days counting from the lessor's acceptance of the order (confirmation e-mail). However, in accordance with Article VI.53, 1° of the Code of Economic Law, the consumer loses his right of withdrawal if the rental of the bicycle or equipment has begun at the time he exercises his right of withdrawal or in accordance with Article VI.53.12) if a rental date has been chosen that falls within the terms of the cancellation with penalty as stipulated above, in which case a withdrawal can only be made subject to payment of the cancellation fee stipulated above.
To exercise his right of withdrawal, the tenant shall notify the lessor of his decision before the expiration of the cancellation period. To do so, he can send an unequivocal statement by using the withdrawal form.
Art. 6: Loss and insurance of the rented equipment
From the time the equipment is made available to the tenant by the lessor, the tenant remains fully and solely responsible for theft, loss, damage and all accidents, and this both for damage to the bicycle itself and all its parts, and for any damage caused by or to third parties, or to the tenant himself.
The tenant agrees to waive any recourse against the lessor on any account except for intent or gross negligence of the lessor or for bodily injury or death. The tenant shall compulsorily reimburse the value of the equipment, counted at the new replacement value, without prejudice to the lessor's right to receive full compensation for other damages (such as loss of income).
In case of theft, loss or damage of the bicycle, the tenant shall notify the lessor as soon as possible, no later than the next day.
If, for any reason, the tenant should be unable to fulfill his obligation to return the equipment, even if this reason is independent of his responsibility or arises from a case of force majeure, the tenant will be obliged to reimburse the new replacement value of the equipment.
In order to guarantee the tenant's potential indemnification obligation, the lessor may request a guarantee by credit card or any other form for (part of) the new replacement value of the leased property at the time of the lease. Partial guarantee in this manner shall not relieve the tenant from its obligation to pay full compensation as provided in this Article.
Art. 7 Disputes
All disputes are subject to Belgian law, for which the courts of the judicial district of Halle-Vilvoorde have jurisdiction.