Terms of Usage

We explain.

Bike Mobility Services GmbH (“BMS”) provides the Lease a Bike (“LaB”) service to Customer companies. Customer companies can provide the LaB lease service towards their employees. The lease process is supported via the "Lease a Bike Platform" ("Platform"). Your employer (as Customer company) asked BMS to provide you access to the Platform. These terms of use describe the conditions under which you may use the Platform.

  1. Definitions
    • Platform: the above mentioned “Lease a Bike Platform”.
    • User: the natural person who makes use of the Platform in any way and being an employee of the customers company.
    • Terms of Use: these Terms of Use.
    • Customer company: the employer of you as User.
  2. Applicability
    • These Terms of Use apply to (the use of) the Platform provided with it.
    • The Terms of Use also apply to all information, data, images, video and sound fragments or other content that is supplied, read or otherwise distributed for the benefit of/through/from/in the Platform.
    • By using the Platform, the User accepts these Terms of Use.
    • Only these Terms of Use apply, regardless of any (previous) reference by the User to his/her own or other terms and conditions. BMS expressly rejects any terms and conditions declared applicable by the User.
    • Before the Platform can be used, the User must read the content of the Privacy Statement separately and then accept it.
    • Where the Platform uses the services of third parties, the general terms and conditions and the privacy and/or cookie policy of the relevant third party(ies) also apply. BMS is not responsible for the services, the terms and conditions and the privacy and cookie policy of third parties.
  3. LaB Platform
    • The Platform provides you the functionality for:
      • Registration and managing your LaB User account
      • Handling your lease process from start up till delivery of the bike.
      • Handling your tickets in case of stolen bike / insurance or in case of damage / repair bike.
      • Handling the service process for your bike.
      • Handling roadside assistance processes (only in the Netherlands and Belgium).
    • The Platform provides the Customer company as your employer the functionality to:
      • Monitor and approve your User registration and bike selection
    • The functionalities are made available to the User through the Platform. The above functionality can be changed (unilaterally) by BMS.
  4. User Account
    • In order to use the Platform, the User must register in the Platform by creating a User account.
    • The User account is valid as long as BMS and the Customer company are parties to a cooperation agreement and in any event as long as the User is entitled by his/her employer to make use of a Lease a Bike bike.
    • For a correct registration process, the User must provide a valid email address and a valid mobile phone number.
    • The password must be treated in strict confidence by the User. In the event that a password has become known to a third party, the User must immediately change the password or - if he/she can no longer log in to his/her user account - contact the Lease a Bike customer service.
    • The User must ensure that the data entered for his user account is truthful and complete. Since communication with the User takes place via email, among other things, the User must have a valid email address and access to the associated email account. If the e-mail address or other details of the User change, these must be immediately updated in the User's account.
  5. Use of the Platform, responsibility of the User
    • By accepting the User’s registration for the Platform, BMS grants the User a non-exclusive, non-sublicensable and non-transferable license to use the Platform, solely for the User's non-commercial purposes.
    • The User may not make the Platform available to third parties, reproduce it or have it reproduced, imitate, copy, duplicate, sell, rent, decompile, subject it to reverse engineering or adapt it without the prior written consent of BMS. Nor may the User be allowed to remove or circumvent technical provisions intended to protect the Platform (or have them removed).
    • BMS has the right at all times to adjust the Platform, to change or delete data, to limit the use of the Platform or to deny the User access to the Platform in whole or in part, temporarily or permanently.
    • BMS can make an upgrade available for the Platform. The upgrade then qualifies as a Platform within the meaning of the Terms of Use.
    • The User is obliged to ensure that the use of the Platform does not conflict with these Terms of Use, legal provisions or rights of third parties. In addition, when using the Platform, the User will in no way cause nuisance or damage or have it caused at the expense of BMS or third parties, nor use the Platform in such a way that the proper functioning of the Platform is disrupted. The User indemnifies BMS against all claims from third parties, including the tax authorities, for damage resulting from/related to the (incorrect) use of the Platform.
    • The use of the Platform is at the User's own expense and risk.
    • The User indemnifies BMS against all possible claims from third parties as a result of the Use of the Platform.
    • The User has the option to indicate in the Platform whether his/her telephone number or e-mail address may be used by BMS and other companies within the Pon Group to approach the User for offers of similar products. The User can withdraw his consent to this at any time and only via the Platform. For more information about this, we refer to the Privacy Statement.
    • In case of violation of the prohibitions in this article 5, BMS is authorized to restrict or terminate the use of the Platform by the User without prior notice. BMS is not liable for damage that may arise as a result of exercising this authority.
    • Except in the case of intent or gross negligence, BMS is not liable for any damage of any nature whatsoever related to the use of the Platform or the temporary non-availability, incorrect or incomplete availability of the Platform and the non-functioning of the connection of the User, BMS or of third parties, as a result of which access to the Platform cannot be provided (in full).
  6. BMS’ responsibility
    • All intellectual property rights and/or comparable rights with regard to the (content of the) Platform, including underlying software, images, video and sound fragments, are vested exclusively in BMS, or with its licensors, or with the administrator of the Platform.
    • The Platform has been compiled with the greatest possible care. However, BMS cannot guarantee that the Platform will always be available or will work without interruption, errors or defects and that the information provided is complete, correct or up-to-date. BMS makes every effort to ensure a properly functioning Platform and to solve any problems as soon as possible.
    • BMS may temporarily or permanently disable the Platform (unannounced) for User(s), without User(s) being able to derive any rights from it.
    • BMS is not responsible for damage caused by improper use of the Platform. The User uses the Platform at their own risk.
    • BMS is not responsible for damage caused by the User choosing an inappropriate password for his user account or not keeping the password safe, or for damage caused by a third party for whom the User has made access to the Platform possible.
    • BMS will handle any complaints involving the Platform. BMS seeks to respond to a complaint within a period of (14) fourteen days from the date of receipt. If a complaint requires a foreseeable longer processing time, BMS will respond within the fourteen-day period with a message of receipt and an indication of when the User can expect a more detailed answer.
  7. Privacy
    • To enable use of the Platform, BMS will need to process the User's (personal) data.
    • Insofar as the information processed by BMS contains any personal data, BMS will process this data in accordance with applicable privacy laws, including but not limited to the General Data Protection Regulation.
    • BMS’ Privacy Statement LaB Platform contains more information about the purposes for which BMS processes personal data, such as performing statistical analyses, and the rights you have.
  8. Place of jurisdiction and applicable law
    • All claims arising from and related to the Platform are in the first instance subject to the judgment of the Oldenburg Local Court in the first instance.
    • German law applies exclusively to all disputes arising from and related to the Platform.
  9. Changes to these Terms of Use
    • BMS is entitled to unilaterally change or supplement these Terms of Use from time to time, whereby the User can always consult the most recent version on the Platform. The User is advised to regularly check the contents of these Terms of Use for changes. When substantial changes are made to these Terms of Use, a clear notification will also follow, for example via a banner on or a notification via the Platform or by email.
    • By continuing to use the Platform after the Terms of Use have been amended and/or the notice has been given, the User agrees to the applicability of the amended Terms of Use. Any changes to the Terms of Use will come into effect within fourteen (14) days of their publication via the Platform, on this website or by email, unless a different term is expressly stated.
    • If the User does not agree to changes to these Terms of Use, the User must discontinue use of the Platform.
    • These Terms of Use always indicate the latest date of amendment.
  10. Final Provisions
    • If some of the foregoing conditions are or become invalid, this does not affect the validity of the other provisions. In place of the invalid conditions, regulations must come into force that most closely approximate the economic purpose of the conditions while protecting the interests of both parties in a proportionate way.

For questions about the Platform or the Terms of Use, please contact BMS customer service via our contact page.

These Terms of Use were last modified on 17 June 2022.

Bike Mobility Services