Donkey Republic's Terms and Conditions
These terms and conditions shall from 3rd of August 2016 apply in all matters between Users and
2100 København Ø
Business Registration No. (CVR) 35 67 82 63
Phone: (+45) 5120 5395
(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.
1.1 “Bike Owner” means any User who has bicycles for rent via the Platform.
1.2 “Organiser” means the Rider making and responsible for the Booking.
1.3 “Booking” means any User making the reservation and payment of one or several Bikes via the Platform for own and/or other Riders’ use.
1.4 “Coupon” means a code provided by Bike Owners to be used by Organisers triggering a discount on rent of Bikes from said Bike Owners.
1.5 “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.
1.6 “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 Affliate Fees.
1.7 “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.
1.8 “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.
1.9 “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. Delayed Return Surcharge is not a part of this fee.
1.10 “Bike Owner Earnings” is the amount that a Bike Owner has accrued for providing the services
1.11 “Rental” means the period of time from Start of Rental to End of Rental.
1.12 “Rental Fee” means the fee payable by the Organiser for rental of a Bike Owner’s Bike.
1.13 “Rider” means any User who uses a Bike from a Bike Owner via the App.
1.14 “Start of Rental” means the time from which the Rider has gained access to the Bike via the App.
1.15 “Pick Up” means the point in time the Bike is unlocked by the Rider.
1.16 “Hub” means a Bike Owner’s geotagged location for Bikes, from where Riders may unlock Bikes and shall return them.
1.17 “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.
2. IDENTIFICATION AND REGISTRATION OF USERS
2.1 Before making use of the Services, the User must identify oneself on the Website and register as a User through the Platform. In connection with the User’s registration as a User, the User must choose to register as a Bike Owner, a 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 a 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 a 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.
3. 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 (“Standard Bikes”) or non-standard Bikes (“Non-standard Bikes”) according to the definition of the Standard Bike explained on Donkey Republic website (http://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 a smart lock to the Bikes. Smart locks will be provided to the Bike Owner by Donkey Republic. Dysfunctional locks will be repaired or replaced for free by Donkey Republic upon return of locks. Bike Owner’s must pay deposit amounts indicated on for the locks. Paid deposits will be repaid with 50 % of the paid amount, if and when locks are returned to Donkey Republic.
3.3 The Bike Owner must maintain a sufficient number of operative Bikes in the Bike Owner’s Hub to be able to provide Bikes available for rent 95 % of the time Riders make use of the Services to rent Bikes from the Bike Owner.
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, in so far as only up to three Bikes from other Bike Owners (each) are allowed within 300 meters from that Hub.
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 do not meet the desired level based on the Rider feedback. Continued Rider dissatisfaction with the bikes following Donkey Republic warning will be interpreted as violation of terms as expressed in 3.7.
3.6 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 register or rent 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.
3.7 Donkey Republic is entitled, at its sole discretion, to disable a specific bicycle from rental registered by the Bike Owner for any reason, including – but not limited to – Bikes considered to be objectionable or in violation of the T&Cs or applicable law. In such a case, Donkey Republic will notify Bike Owner within 1 week in writing (email or notifications in Admin account).
4. 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 Rider’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 ended five business days after End of all Rentals in the Bookings concerned.
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).
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, or 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 any applicable Affiliate fees, and then, less the Facilitator Fee on the sum remaining after Affiliate Fee charges, on all the Rentals. Below are two hypothetical examples:
Donkey Bike is rented from a kiosk, where Bike Owner has 10% affiliate commission setup with the kiosk. The bike is returned on time, back to the hub.
Bike Rental Fee for 3 days: 24 EUR
Total Applicable Fees on Rental : 24 EUR
Affiliate Fee at 10%: 24*0.1=2.4 EUR
Remaining amount for Facilitator and Bike Owner: 21.6 EUR
Facilitator Fee at 20%: 4.32 EUR
Bike Owner Earning: 17,28 EUR
Donkey Bike is rented from a global partner link with 15% commission. The bike is returned was booked for 12 hours, but returned after 14 hours, and was left 2km away from the hub.
Bike Rental Fee for 24 hours (minimum period that fits actual usage): 10 EUR
Delayed Return Surcharge: 5 EUR
Relocation Surcharge: 20 EUR
Total Applicable Fees on Rental : 35 EUR
Affiliate Fee at 15%: 10*0.15=1.5 EUR
Remaining amount for Facilitator and Bike Owner: 33.5 EUR
Facilitator Fee at 20%: 6.7 EUR
Bike Owner Earning: 26.8 EUR
4.8 Any Cancellation Fees are not included in the Bike Owner Earnings.
Booking and payment terms for Riders
4.9 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 Bike Owner.
4.10 The total Rental Fee payable will be displayed via the Platform before the Rider 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.
4.11 The Organiser is entitled to cancel a Booking made up until 24 hours before Start of Rental, in which case the Rental Fee is fully refunded. For cancellations within 12 hours until Start of Rental, 80 % of the Rental Fee is refunded.
4.12 It is not possible to cancel a Booking of a Bike, once Rental of said Bike has been Picked Up, however see sections 8.3 and 8.4.
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. Extended Rentals will be charged according to the pricing guidelines published on Dokey Republic’s website (http://about.donkey.bike/pricing-guidelines).
4.14 A Relocation Fee is payable, if the Rider does not return the Bike to the correct and dedicated Hub as displayed in the App. The Relocation Fees 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 the Relocation Fee for any misplacement of Bikes, and the Organiser hereby authorizes the collection of such Rental Fee and Relocation Fee by charging the Organiser’s credit card either directly by Donkey Republic or indirectly through a 3rd party payment processor of Donkey Republic.
5.1. A local Affiliate is a person or organization, who receives a commission from a specific Hub for rendering marketing or other services. These are typically but not limited to, hotels, hostels, tourist info centers, marinas, conference centers, kiosks
5.2. A local Affiliate deal is set up by Bike Owners at their own discretion. The Affiliate commission cannot be more than 40%.
5.3 Donkey Republic will initiate payment of the earnings of Affiliates in the first week of each month. This payment covers all earnings applicable to the Bookings ended five business days after End of all Rentals in the Bookings concerned.
5.4 Global Affiliate is a person or organization who earns commissions based on their marketing efforts not linked to a specific hub. Donkey Republic may use a special code, special URLs, or other techniques such as iFraming, or API integration to facilitate the Affiliate relationship.
5.5 A Global Affiliate deal can only be set up by Donkey Republic, and global Affiliate commission cannot be more than 20%.
5.6 Donkey Republic will initiate payment of the earnings of Affiliates in the first week of each month. This payment covers all earnings applicable to the Bookings ended five business days after End of all Rentals in the Bookings concerned.
5.7 Affiliates are not responsible for well-being or management of the bicycles.
5.8 Affiliates receive monthly report on the usage of the bikes that provide them with transparency around their earnings.
5.9 Affiliates are encouraged to use all Donkey Republic authorised materials
6.1 The availability of Bikes is showed on the map in the App.
6.2 Donkey Republic’s digital 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 Donkey Republic undertakes no liability for the availability of the Bikes other than full refund (see 6.3).
7. 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 Terms and Conditions as well as applicable national legislation on rules for bicycle riding. The applicable national legislation for various countries with Donkey service are provided below:
United Kingdom: http://about.donkey.bike/cycling-rules-for-united-kingdom
United States: http://about.donkey.bike/cycling-rules-for-united-states
7.2 The Standard Bikes by default are recommendable for persons 150 cm and taller with a maximum weight of 120kg. Usage outside these ranges may increase chances of accidents or inconvenience. Two persons on the same bike is not allowed.
7.3 On the Website (http://about.donkey.bike/bike-check-before-ride), 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 The 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 pickup 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 Fee.
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.
8. 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.
9. LIABILITY OF THE RIDER
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.
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.
9.5 Under such liability as described under sections 9.1 to 9.4, the Organiser will, after being notified of the claim of intentional damages, disappearance or theft and given forty eight hours to respond, be charged EUR 250, which is defrayed to repair or purchase of a new Bike. The amount will be charged directly on the Organiser’s credit card, and if Donkey Republic is unable to charge the amount on the credit card, Donkey Republic commits to fund the Bike Owner the amount.
9.6 In order for Bike Owner to secure the 250 EUR funding in case bicycles are not found or stolen, Donkey Republic’s bike security guidelines must have been met by the bicycles of the Bike Owner shown here http://about.donkey.bike/bike-security-guidelines .
10. DATA PRIVACY
11.1 If the User breaches the T&Cs, Donkey Republic is, at its sole discretion and without liability to the User, 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 1 month ahead of termination with clear explanation of the reason for breaching 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 through contacting Donkey Republic support.
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@example.com.
12. 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 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.
12.3 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.
12.4 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.
12.5 In all events, Donkey Republic’s liability, including product liability, is limited to DKK 10,000.
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. Furthermore, Donkey Republic makes reservations regarding misprints and price errors on the App or the Website.
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 and Services 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.
13.5 In case of feedback or other requests, the User shall contact Rune Kokholm, COO of Donkey Republic, at +45 8988 7227 or firstname.lastname@example.org.
14. 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.