Terms and Conditions
Terms and Conditions Hopperpoint
Hopperpoint Share Rental Agreement & Waiver
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE RENTING OR USING A BICYCLE (“HOPPER”) FROM HOPPERPOINT B.V. REFERENCED HEREIN AS “OPERATOR”. BY RENTING OR USING A HOPPER, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO, THE WAIVERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE, YOU ARE NOT PERMITTED TO RENT OR USE A HOPPER FROM OPERATOR.
PARTIES, CONSIDERATION AND HOPPER SHARE PROGRAM DESCRIPTION
1. AGREEMENT. These Bicycle Rental Terms and Conditions of Use (this “Agreement”) are between you (“You” or “Rider”) and Operator.
1.1. CONSIDERATION: In consideration of Operator renting a Hopper to Rider, Rider agrees to the terms and conditions of this Agreement.
1.2. EQUIPMENT. Operator maintains a network of hub stations (“Stations”) where Hoppers are docked at Hopper racks (“Rack”). Hoppers are equipped with global positioning system devices. All of the foregoing equipment and other equipment located at a Station or that consists of any Hopper, in whole or part, shall be referred to as “Operator Equipment.”
1.3. HOW IT WORKS.
(1) Register to get a membership online at Hopperpoint.nl or download the Hopperpoint app on your smart phone.
(2) Once Rider is registered, Rider can access a bicycle in one of the following ways: sign into your account at your Hopperpoint app and unlock a bicycle for up to five (5) minutes free of charge. Use the app to locate an available Hopperpoint and unlock the bicycle.
(3) Lock the Hopper whenever the Hopper is not in use, including at locations other than a Hopperpoint. Rider’s period of Hopper rental begins either when the Hopper is unlocked. The Rental Period ends when the Hopper is locked at a designated Hopperpoint location. Rider must wait for verification, on the Hopper app screen, indicating the Rental Period has ended. Additional fees will apply if the Hopper is not returned and locked to a designated station. Rental Periods will be rounded up and then prorated to the next highest minute.
2. PAY AS YOU GO
• First 2 hours “Pay As You Go” for €3,00
• Every next hour €1,50 per hour
• Maximum €8,00 for 1 day (calendar day)
2.1. MAXIMUM RENTAL TIME. If a Hopper is not returned to a designated Hopperpoint within 24 hours of the start of Rider’s Rental Period, Operator may deem the Hopper to be stolen and charge Rider the amount of €2,000.00.
2.2. REPAIR FEE. If a Hopper is damaged during Rider’s use of the Hopper, beyond regular wear and tear, as a result of negligent or intentional conduct on the part of Rider, Rider shall be charged a fee that is equal to the cost of repairing such damage.
2.3. STOLEN HOPPER FEE. If Rider leaves a Hopper unlocked or unattended and it is stolen, Operator may charge Rider a replacement cost equal to €2,000.00. VIOLATIONS. Rider shall be completely responsible, and shall indemnify Operator, for any tickets or fees assessed against the Hopper or Operator during Rider’s Rental Period or as a result of the location where Rider parked the Hopper. Rider is responsible for all tickets and moving violations incurred during the Rental Period. Rider agrees to reimburse Operator for any costs, expenses and/or attorney’s fees for processing, pursuing and/or defending any such claims.
2.4. CREDIT CARD OR DEBIT CARD. Rider must provide Operator a valid credit or debit card number and expiration date before being registered to use a Hopper. Rider represents and warrants to Operator that Rider is authorized to use the credit or debit card information provided. Rider authorizes Operator to charge the credit or debit card for which information is provided for all fees incurred by Rider under this Agreement, and all fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Operator. In the event Rider’s payment method on file with Operator is declined for any reason, Operator may suspend Rider’s rental plan and ability to use any Hoppers until all of Rider’s prior charges are paid in full and charge Rider a €5.00 reinstatement fee.
3.RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF HOPPER USE
3.1. REPRESENTATIONS AND WARRANTIES. As a condition precedent to Operator’s agreement to allow Rider to participate in the Hopper Share Program and to rent a Hopper, Rider represents and warrants to Operator that:
• Rider meets the minimum age requirements: (1) is 18 years of age or older to check out a Hopper with a credit card registrartion; and (2) is 16 years of age or older to ride.
• Rider is experienced and familiar with the safe and competent operation of a bicycle, and that he/she is physically and mentally fit to ride the Hopper.
• Rider is familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe and legal operation of a bicycle.
3.2. ACKNOWLEDGEMENTS AND AGREEMENTS. As a condition precedent to Operator’s agreement to allow Rider to participate in the Hopper Share Program and to rent a Hopper, Rider acknowledges and agrees as follows:
• Rider is fully aware that riding a bicycle on streets poses a risk of accident due to motorists, pedestrians, and road conditions, and rider must keep a proper lookout to avoid such accidents.
• Rider is fully trained and capable of operating and riding a Hopper and is not relying on Operator to learn how to operate or ride a Hopper.
• Rider is solely responsible for operating and riding a Hopper in a careful and reasonably competent manner.
• All Hoppers are and shall remain the exclusive property of Operator at all times.
• Rider is solely responsible for any moving violations and/or fines incurred by Rider while using the Hopper, including any fees for parking the Hopper in prohibited locations.
• Operator is not obligated to provide insurance of any kind related to Rider or Rider’s use of the Hopper, and in the event that Operator, at its option, carries insurance, Rider shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.
• If Rider causes damage to property or injury to another party while operating or in possession of the Hopper, Rider is solely liable for such damage or injury.
• Rider shall return the Hopper to Operator in the same condition as when received.
• Rider is liable for any and all damages resulting from improper use or abuse of the Hopper and the cost of such damages.
• Operator provides Hoppers as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Hopper on their own and who have agreed to all terms and conditions of this Agreement.
3.3. REQUIREMENTS. As a condition precedent to Operator’s agreement to allow Rider to participate in the Hopper Share Program and to rent a Hopper, Rider shall do the following during any use of a Hopper (“Use Requirements”):
• Carefully inspect the Hopper that Rider wishes to rent prior to use to ensure the Hopper is in good operating condition.
• Test the Hopper’s operating components before proceeding with the intended use, including, but not limited to the brakes, tires, gears, pedals, lights, frame and saddle.
• Promptly notify Operator customer service of any defect, malfunction or needed repair to a Hopper.
• Adjust saddle to proper height prior to operating the Hopper.
• Adjust Hopper riding behavior for safe operation according to weather conditions.
• Adjust Hopper riding behavior so that it is that of a reasonably experienced and prudent Hopper rider.
• Contact Operator and local Police immediately in the event of theft of the Hopper or an accident that occurred during Rider’s use of the Hopper resulting in bodily injury.
3.4. RESTRICTED USES. Rider shall not do any of the following acts (“Restricted Uses”):
• Use any Hopper if Rider is younger than 16 years of age.
• Use any Hopper if Rider has any existing physical or mental condition that would prohibit Rider from safely operating the Hopper.
• Operate a Hopper while carrying any item that impedes Rider’s ability to safely operate the Hopper.
• Operate a Hopper while under the influence of alcohol, drugs, or any other substance that impair Rider’s ability to safely operate the Hopper.
• Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts Rider from thesafe operation of the Hopper.
• Allow any other person to use the Hopper or allow more than one person to be carried on the Hopper.
• Overfill the Hopper basket or place objects weighing in total more 10 kilo in the Hopper basket.
• Violate any applicable federal, state, or local law.
• Operate or use a Hopper in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms.
• Ride or operate a Hopper that has any defect, fails to operate as a properly functioning bicycle or that is in need of repair.
• Continue using the Hopper if it, or any component of it, should become defective or malfunction.
• Use the Hopper for racing, trick riding, jumping, stunt riding and/or, off-road riding.
• Use the Hopper for any commercial purposes.
• Tow, pull, carry or push any person or object with a Hopper.
• Remove or modify any accessories, parts or components of any Hopper.
• Ride the Hopper without paying applicable user fees at the time they become due.
Rider acknowledges and agrees that from and after the date that Operator makes Hoppers available to the public for rental, Operator may suspend all or part of its Hopper Share Program at any time, may relocate Stations, reduce the number of Hoppers available for rent and otherwise operate its Hopper rental program in its sole discretion. Rider further acknowledges that Operator may suspend the availability of Hoppers during adverse weather conditions, or may be required to suspend the rental of Hoppers by the city in which the Hoppers are located. Rider shall not be entitled to a refund of any fees for unused rental periods unless Operator’s Hopper rental service shall have been suspended for more than 15 days. Operator does not represent or warrant that Hoppers will be available for rental at any Station at any time. Operator may require the return of its Hoppers at any time.
5.RELEASE AND LIMITATION OF LIABILITY
5.1. FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE HOPPER, RIDER, FOR HIMSELF OR HERSELF AND ON BEHALF OF RIDER’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES (i) OPERATOR AND OPERATOR’S OFFICERS, BOARDS AND COMMISSIONS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, (ii) ANY MUNICIPALITY WITH WHICH OPERATOR HAS CONTRACTED WITH TO PROVIDE A HOPPER SHARE PROGRAM, AND (iii) ANY OWNER OF PROPERTY WITH WHICH CITY OR CYCLEHOP HAS CONTRACTED WITH TO PROVIDE REAL PROPERTY ON WHICH A HOPPER SHARE FACILITY, INCLUDING, WITHOUT LIMITATION, STATIONS, HUBS, RACKS, INTENDED FOR HOPPER SHARE USE (ALL, COLLECTIVELY, THE “OPERATOR PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION ANDDAMAGES INCLUDING FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO RIDER OR TO THIRD PARTIES (COLLECTIVELY, “CLAIMS”), INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, WHICH ARISE FROM OR ARE RELATED DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE OPERATOR EQUIPMENT, INCLUDING THE HOPPERS, OR THE OPERATOR WEBSITE, INCLUDING ANY AND ALL CLAIMS RELATED TO THE SOLE OR PARTIAL NEGLIGENCE OF OPERATOR, THE OPERATOR PARTIES OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE OPERATOR PARTIES WHICH RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RENTING A HOPPER, AND EXPRESSLY WAIVES RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER’S UNKNOWN CLAIMS.
5.2. IF OPERATOR OR THE OPERATOR PARTIES ARE DEEMED TO HAVE ANY LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF RIDER’S USE OF THE OPERATOR EQUIPMENT, INCLUDING THE HOPPERS, OR THE OPERATOR WEBSITE, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL PAID TO OPERATOR BY RIDER.
6.ASSUMPTIONS OF RISKS; DISCLAIMER.
RIDER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT RIDER’S RENTAL AND USE OF THE HOPPER IS AT HIS/HER OWN RISK. RIDER ACCEPTS THE HOPPER FOR USE AFTER EXERCISING HIS/HER OWN FREE CHOICE TO PARTICIPATE VOLUNTARILY IN THIS ACTIVITY AND AFTER HAVING INSPECTED THE HOPPER AND CERTIFYING THAT IS IN GOOD OPERATING CONDITION. RIDER UNDERSTANDS THAT BICYCLING MAY BE A HAZARDOUS ACTIVITY. RIDER ACKNOWLEDGES, UNDERSTANDS AND ASSUMES ALL RISK RELATING TO THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE OPERATOR EQUIPMENT, INCLUDING THE HOPPERS, AND THE OPERATOR WEBSITE AND UNDERSTANDS THAT BICYCLING INVOLVES RISK TO THE RIDER AND OTHERS INCLUDING DAMAGES, BODILY INJURY, PARTIAL OR TOTAL DISABILITY, PARALYSIS AND DEATH TO RIDER OR OTHERS, AND THAT RIDER HAS FULL KNOWLEDGE OF SAID RISKS AND DANGERS, INCLUDING SUCH RISKS, DAMAGES AND INJURIES THAT MAY ARISE FROM THE NEGLIGENCE OF OTHERS OR AS A RESULT OF ROADWAY CONDITIONS. ALL HOPPERS AND OTHER OPERATOR EQUIPMENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. OPERATOR AND THE OPERATOR PARTIES HEREBY DISCLAIM ANY CLAIM IN TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY). IN NO EVENT WILL RIDER CLAIM THAT OPERATOR PARTIES INDIVIDUALLY OR COLLECTIVELY FAILED TO ADEQUATELY TRAIN RIDER, OR PROVIDE RIDER WITH ADEQUATE INSTRUCTIONS NECESSARY TO RIDE THE HOPPER IN THESAME MANNER AS A PERSON WHO IS AN EXPERIENCED HOPPER RIDER WHO HAS BEEN TRAINED TO RIDE A HOPPER IN A SAFE AND CAREFUL MANNER.
Rider agrees that Operator, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement, Rider’s use of Operator’s Equipment, including, without limitation, Hoppers, and/or the Operator website, to final and binding arbitration under the Rules of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. In the event that Operator submits such dispute to arbitration, then such arbitration shall be mandatory and binding on the parties. Such proceeding shall be held in the County of Los Angeles, California by the laws of the State of California without regard to choice of law principles. All arbitration proceedings will be conducted in the English language. SHOULD OPERATOR ELECT TO SUBMIT ANY DISPUTE OR CLAIM TO ARBITRATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATOR AND RIDER EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE ARISING OUT OF OR WITH RESPECT TO THIS AGREEMENT OR RIDER’S USE OF OPERATOR’S EQUIPMENT, INCLUDING, WITHOUT LIMITATION, HOPPERS, AND/OR THE OPERATOR WEBSITE.
Rider shall indemnify, defend and hold harmless Operator and the Operator Parties for, from and against any and all Claims related to or arising out of this Agreement, including, but not limited to Rider’s breach of any representations, warranties or covenants set forth in this Agreement, and the rental, maintenance, design, use or operation of the Hopper, the Locks, the Stations and/or the Operator website, even where caused in whole or in part by Operator’s negligence, and/or the negligence of others, whether presently known or unknown. At Operator’s option, Rider will assume control of the defense and settlement of any Claim subject to indemnification by Rider (provided that, in such event, Operator may at any time elect to take over control of the defense and settlement of any such Claim). In no event may Rider settle any Claim without Operator’s prior written consent.
Operator may assign its rights and duties under this Agreement to any party at any time without notice to Rider.
Operator’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by Operator shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.
11.TERMINATION OF AGREEMENT.
Operator may terminate this Agreement at any time, without cause, legal process, or notice to the Rider and Rider’s use of the Hopper Share Program is “at the will” of Operator. Rider waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. Rider shall not be entitled to a refund of any amount paid for unused rental periods if this Agreement is terminated for cause. Rider may terminate Rider’s rental plan at any time; provided, however, that no refund will be provided by Operator for time already used by Rider.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect.
All provisions of this Agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of this Agreement, and all amounts unpaid at the time of termination or expiration of this Agreement shall remain due and payable.
This Agreement constitutes the final and entire Agreement between Operator and Rider and prevails over any prior or contemporaneous, conflicting or additional, communications, unless otherwise agreed to by the Parties in writing. Operator shall have the right to revise, change and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on www.beverlyhillsHoppershare.com, and such changes shall apply to all future use of Hoppers after the date of such changes. Riders shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement. Use and/or operation of the Hopper by Rider following any modifications to this Agreement constitutes Rider’s acceptance of the terms and conditions as modified.