TERMS AND CONDITIONS 

REISBABY / TRAVELBABY 2023


Definitions

In these terms and conditions, the following definitions apply:

  • The Rented Item: the pushchairs, prams, handcarts, baby carriers, suitcases, car seats, bags, travel cots and/or accessories belonging to Reisbaby.
  • Renter: the natural or legal person who enters into the rental agreement as the renter.
  • Lessor: Reisbaby.nl, being the natural or legal person who enters into the rental agreement as the lessor.
  • Consumer: the renter who is a natural person and who has entered into the rental agreement for purposes outside his/her trade, business or profession.
  • Damage to the Lessor: financial loss suffered by the lessor as a result of damage (including abnormal wear and tear) or loss of the rented item or its accessories. This includes, among other things, the full costs of replacing parts or accessories.
  • Rental Period: the agreed period during which the renter is entitled to use the rented item, calculated in accordance with Article 5a.
  • Dispatch Date: the date on which Reisbaby ships the rented item to the renter, as agreed.
  • In Writing: in written form or electronically (including by e-mail).

 

Article 1 – Applicability

These general terms and conditions apply to all rental agreements between the lessor and the renter.

 

Article 2 – The Offer

  1. The lessor will always confirm an offer in writing. Only written offers are valid.
  2. An offer may be withdrawn if it is dependent on the availability of the rented item. In all other cases, the offer will remain valid for 14 days from the date of the offer.
  3. The offer will include a complete and accurate description of:
    • the rental period;
    • the rental fee;
    • the method of payment;
    • any additional costs;
    • any security deposit or other form of collateral.
  4. The offer will state the company’s opening hours and telephone number.
  5. These general terms and conditions are provided with the offer. Acceptance of the offer automatically means acceptance of these terms and conditions.

 

Article 3 – The Agreement

 

  1. The agreement is concluded upon acceptance of the offer. Oral agreements will be confirmed in writing by the lessor, but remain valid even without written confirmation.
  2. The rental agreement applies for the period and at the rate as stated or agreed, including the date and time when the rental period starts and ends.

 

Article 4 – Termination

 

  1. For consumers renting products remotely (e.g., via the website), a statutory cooling-off period of 14 days applies from the conclusion of the rental agreement.
  2. If the rental period starts within the statutory cooling-off period, the renter agrees upon concluding the rental agreement that the right of withdrawal lapses once the lessor has fully performed the rental agreement.
  3. If the renter wishes to terminate the agreement within the statutory cooling-off period but performance has already begun, the renter owes an amount proportionate to the part of the rental period that has already elapsed at the time of termination.
  4. The right of withdrawal does not apply to agreements fully performed within the cooling-off period where the renter has expressly agreed in advance to waive this right.

 

Article 5 – The Price and Price Changes

 

  1. The rental fee and any additional costs are agreed in advance and stated on the rental agreement.
  2. Price changes within three months after the agreement is concluded will not affect the agreed price, except in the case of statutory changes (such as VAT).
  3. During the rental period, the renter will pay any usage costs, such as cleaning charges.
  4. The renter must return the rented item no later than the agreed date and time to the agreed address.
  5. Return outside opening hours or to another address is only possible with the lessor’s permission.
  6. Returning the rented item earlier than agreed does not affect the rental price.
  7. If the renter fails to return the rented item on time, this will be regarded as a request to extend the rental period. Extension is only possible if availability allows and if agreed in writing before the end of the agreed rental period. If no extension is agreed, the renter remains obliged to return the rented item immediately.

 

Article 5a – Rental Period and Extension

  1. The renter chooses the dispatch date (Monday to Friday). This date is the first day of the rental period.
  2. The last day of the rental period is the day the renter returns the rented item.
  3. Extension is possible if availability allows and if agreed in writing before the end of the agreed rental period, at a rate of €3 per day per product.

 

Article 5b – Late Delivery

 

  1. If the rented item is delivered more than two (2) working days after the renter’s chosen dispatch date, the renter will receive a full refund of the rental fee once the item has been returned to Reisbaby.
  2. If delivery takes place within two (2) working days after the chosen dispatch date but after the start of the renter’s holiday, the full shipping costs and a fixed fee of €6.41 for processing and order picking will be charged, provided the rented item is returned immediately and unused.
  3. In both cases, Reisbaby will work with the renter to find a suitable alternative solution so that a desired product can still be taken on holiday.
  4. This arrangement does not apply if the delay is due to circumstances within the renter’s sphere of risk, such as incorrect address details, change of address, absence at delivery, or request to postpone delivery.

 

Article 6 – Cancellation

  1. If the renter cancels the rental agreement, the lessor may charge the following cancellation fees:
    • Cancellation up to 3 days before the start date of the rental period: 100% refund of the rental fee.
    • Cancellation from the 3rd calendar day (inclusive) to 1 day (exclusive) before the start date: 50% of the rental fee.
    • Cancellation on the start date or later: full rental fee.
  2. Cancellations outside office hours are treated as having been made on the next calendar day.
  3. All cancellations must be made in writing.

 

Article 7 – Payment

 

  1. At the start of the rental, the lessor may require a security deposit.
  2. The security deposit will, in principle, be refunded after the item has been returned, subject to deduction of any outstanding costs.
  3. If the rented item is damaged, this will be offset against the deposit. If the damage exceeds the deposit, the renter must pay the difference within 30 days of the damage amount being established.
  4. If a third party causes damage to the rented item, the renter remains fully liable to the lessor.
  5. Unless otherwise agreed, the rental fee must be paid no later than 10 days before the rental start date. Other amounts must be paid within 5 days of receiving the invoice or upon collection.
  6. If the renter fails to pay on time, they will be in default by operation of law. The lessor will give the renter a 7-day written notice to pay.
  7. If the renter still fails to pay, the agreement will be deemed cancelled and any amounts already paid will be offset against the cancellation fees.
  8. From the moment of default, the lessor may charge statutory interest and recover reasonable collection costs, to the extent permitted by law.

 

Article 8 – Obligations of the Renter

 

  1. The renter must handle the rented item with care and use it in accordance with its intended purpose. Use in unsuitable locations or conditions is prohibited.
  2. The rented item must be returned in the same condition as received, including removal of any changes made by the renter.
  3. Subletting is not allowed.
  4. The renter may take the rented item abroad.
  5. The renter must comply with all applicable laws and regulations, and avoid causing nuisance, inconvenience, or environmental damage.
  6. The renter must take measures to prevent damage from weather conditions, fire, short circuit, leakage, etc. Damage must be reported to the lessor immediately.
  7. The renter bears all risks for damage to persons or property by or with the rented item, including the risk of injury or death.

 

Article 9 – Instructions for the Renter

  1. The rented item must be returned clean. Otherwise, reasonable cleaning costs will be charged.
  2. In the event of visible damage, defects, or loss:
    • Inform the lessor immediately;
    • Follow the lessor’s instructions;
    • Provide all relevant information and documents to the lessor or their insurer;
    • Return damaged items at the end of the rental period.
  3. If the lessor wishes to claim damages from a third party, the renter must make reasonable efforts to cooperate.
  4. In case of loss or theft, the renter must:
    • File a police report at the location;
    • Provide the lessor with a fully completed and signed police report form as soon as possible.
  5. The renter must inform the lessor immediately about:
    • Damage to, with, or caused by the rented item;
    • Breakdowns or defects;
    • Loss of the rented item or its parts/accessories;
    • Seizure of the rented item;
    • Any other circumstances the lessor should reasonably be aware of.

 

Article 10 – Obligations of the Lessor

  1. Upon delivery, the rented item will be in the agreed condition, complete with accessories, and in good technical order, to the best of the lessor’s knowledge.
  2. The renter has the right, within 24 working hours after placing the booking, to check the actual availability of the rented item. If the item is not available and no suitable alternative is offered or accepted, the renter may cancel the booking free of charge within this period, unless the item has already been dispatched. If the renter does not exercise this right and the agreed item proves unavailable upon delivery, the renter will receive a free upgrade, if available.
  3. Before rental, the lessor and renter will jointly inspect the condition of the product.
  4. The lessor will provide all necessary documentation and Dutch-language user instructions.
  5. Upon return, the lessor will inspect the item immediately for damage. Minor signs of use, such as scratches or small stains the size of a €0.10 coin, are not considered damage.
  6. The items are not insured against theft or damage. In the event of theft, loss, or damage, the renter is liable for all costs, up to a maximum of 85% of the item’s new value.
  7. The renter is advised to take out suitable (travel) insurance.

 

Article 11 – Renter’s Liability for Damage

 

  1. The items are not insured against theft. In the event of theft, loss, or damage, the renter is liable for all costs, up to a maximum of 85% of the new value.
  2. If the damage arises from acts or omissions contrary to Article 9, the renter must fully compensate the lessor.

 

Article 12 – Termination of the Rental

 

  1. The lessor may terminate the agreement and reclaim the rented item if:
    • The renter fails to meet one or more obligations during the rental period;
    • The renter dies, is placed under guardianship, applies for a moratorium, is declared bankrupt, or falls under the Debt Restructuring (Natural Persons) Act;
    • The lessor becomes aware of circumstances that would have prevented them from entering into the agreement under the same conditions.
  2. The renter must fully cooperate in returning the rented item.
  3. If the renter dies before the start of the rental period, the agreement is terminated.
  4. The lessor is not liable for damage suffered by the renter as a result of termination under this article.

 

Article 13 – Complaints and Mediation Procedure

 

  1. Complaints about the execution of the agreement must be submitted in writing, fully and clearly described, within 24 hours of discovery.
  2. Late notification may result in the loss of rights.

 

Article 14 – Processing of the Renter’s Personal Data

The personal data stated in the rental agreement will be processed by the lessor in accordance with the General Data Protection Regulation (GDPR).

 

 

Article 15 – Applicable Law

 

This agreement is governed by Dutch law. Disputes will be submitted to the competent court in the district of Amsterdam, unless mandatory law provides otherwise.