General Terms and Conditions
pertaining to the agreement to supply Mobility Mixx products and services
- In these General Terms and Conditions and the Agreement of which these General Terms and Conditions are part, the following definitions apply:
General Terms and Conditions: Mobility Mixx’s general terms and conditions as stated here;
Car: the Rental Car or the Shared Car;
Driver: the actual driver of the Vehicle;
Fuel: liquid, fleeting or electrical matter for driving a Vehicle;
Fuel Card: a card or charger for taking Fuel whether or not included as an integral part of the Mixx Card;
Client: the party entering into the Agreement with Mobility Mixx and/or Card Holder;
Contact Person: the contact person authorised to represent the Client in matters relating to the Agreement;
Shared Platform: a user interface with which a Card Holder can reserve a Shared Car or Shared Scooter;
Shared Vehicle: a Vehicle which can be reserved via a Shared Platform using the Mixx Card;
Service(s): the products and services offered by Mobility Mixx, as stated in the Agreement;
Service Provider: a service provider with whom Mobility Mixx has entered into an agreement for the purchase of Mobility Services for use by the Client. An up-to-date overview can be found on the Website;
User Manual: the user manual provided by Mobility Mixx to the Client and Card Holders, containing further instructions for the use of the Services and/or Mobility Services;
Rental Car: a car that a Card Holder can hire from a rental or leasing company via the Mixx App or Mixx portal using the Mixx Card;
Card Holder: an individual who uses the Mixx Card to use one or more Services and to whom the Mixx Card is provided at the Client’s request;
Mixx portal: the access portal to the products and services of Mobility Mixx for which Clients and/or Card Holders are given personal usernames and log-in codes after having concluded an Agreement;
Mobility service(s): the services offered by the Service Provider;
Mixx App: mobile application that allows access to Mobility Mixx's products and services for which Clients and/or Card Holders are given personal usernames and log-in codes after having concluded an Agreement;
Mixx Card: a card issued by Mobility Mixx provided with extra functionalities, with which Services agreed upon with the Client can be acquired (under the general terms and conditions applying to the use of those Services), whereby the Client pays Mobility Mixx for the costs of such use;
Mobility Mixx: Mobility Mixx B.V., located in Almere and registered with the Chamber of Commerce under number 32090568;
Public Transport Chip Card: a reloadable contactless functionality as part of the Mixx Card, containing a chip and the public transport chip card business logo “OV-chipkaart zakelijk”, for business use on the public transport system as proof of payment as well as an access and transportation ticket by the Client and/or Card Holder, whose (i) data (personal or otherwise) can be recorded in the chip (ii) personal or other data are registered in the systems of Mobility Mixx and/or the Service Provider, and (iii) personal characteristics may be represented on the card;
Agreement: the “Agreement to Supply Mobility Mixx Products and Services” entered into between Mobility Mixx and the Client, including the appendices pertaining thereto;
Party (or Parties): the Client and/or Mobility Mixx (jointly);
Journey: the distance the Card Holder has covered or wishes to cover using the Services;
Fuel card: the fuel card which is provided in a Shared Car to take fuel and/or charge the Shared Card;
TLS: Trans Link Systems B.V., located in Amersfoort and registered with the Chamber of Commerce under number 30177126, card issuer and owner of all public transport chip cards issued;
Vehicle: cars, e-scooters, bikes, e-bikes, e-pedelecs;
Website: the website www.mobilitymixx.nl, including all sub-domains.
APPLICABILITY OF GENERAL TERMS AND CONDITIONS AND AGREEMENT
- These General Terms and Conditions apply to all offers and Agreements concerning the provision by Mobility Mixx of Services to or for the benefit of the Client.
- Each time Mobility Services are acquired, this happens on the basis of a separately effected legal relationship between the Client and Card Holder on the one hand, and the Service Provider on the other. Service Providers are responsible for providing information concerning their terms and conditions in a correct (including legally correct) manner.
- The Client hereby agrees to indemnify Mobility Mixx against any actions by Card Holders and/or Service Providers arising from Service Providers' terms and conditions being applicable or inapplicable.
INVOICING AND PAYMENT
- Consistent with the Agreement, any Client purchasing the Services is obliged to pay a fee, consisting of a fixed and a variable component. The fixed fee will be charged to the Client in monthly in arrears (as a full month charge) in advance and cannot be refunded should the Agreement or the rights of use of a Mixx Card end during a current period. The variable fees for Mobility Mixx and the fees intended for Service Providers for Mobility Services acquired, will be charged by Mobility Mixx to the Client in arrears periodically. All sums owed to Mobility Mixx are, where not otherwise expressly stated, set in euros, excluding VAT and other charges.card
- A payment term of 14 days from the billing date applies to all invoices. Mobility Mixx will provide a specification with each monthly invoice of the Services and Mobility Services used. The information from Mobility Mixx’s records, in particular its accounts, are guiding in determining the invoice (and the amount of the fees). As a result, it may occur that Mobility Mixx corrects or supplements an earlier invoice in a later one.
- The Client is responsible for the accuracy of the address and billing details known to Mobility Mixx. Any changes hereto must be provided at least 10 (ten) working days before the last day of the month and confirmed by Mobility Mixx, in order to be included in the invoicing of the same month.
- On entering into the Agreement, the Client grants Mobility Mixx authorisation for direct debit collection. The Client will ensure that the funds available on the relevant account is always sufficient to meet its payment obligations in respect of Mobility Mixx in full. Should the direct debit collection fail or authorisation thereto be withdrawn, Mobility Mixx will pass on any additional costs relating to the collection of the sums owed by the Client to the Client. Mobility Mixx may suspend the services provided should a direct debit be rejected, even if a repeat attempt is made to collect the amount within one week. The Client will then have five working days to settle the amount due. If it still fails to pay after this period, the services will be terminated. The amounts already due will continue to be due even if the services are terminated. Should Mobility Mixx terminate the services for non-payment, it will be entitled without any notice of default being required to claim the balances outstanding of the fixed component of the Agreement plus contractual interest as stated in Article 1.9 and current statutory commercial interest from the date of default until the date payment is made in full.
- Should it fail to meet a payment due date, the Client will immediately be in breach with respect to Mobility Mixx without any notice of breach being required. The Client will then be liable to pay interest on the amount outstanding at 1.5% per calendar month from the date of breach until payment is made in full.
- On the basis of the Services Price Index (“DPI”; accessible at www.cbs.nl), Mobility Mixx is entitled to index the fees for its Services by means of a written notification to the Client. The Client will be informed at least 3 (three) months before the introduction of any other changes to Mobility Mixx’s fixed and/or variable fees. Mobility Mixx retains the right to amend the fees intended for Service Providers for Mobility Services purchases immediately, if a Service Provider and/or TLS changes its rates. Mobility Mixx will inform the Client if Service Providers modify their rates; the Client will then have one month of being informed of Service Providers having changed their rates in which to terminate the Agreement subject to notice as contractually agreed.
- If the Client disputes either wholly or partially a Service or Mobility Service fee charged, the Client must inform Mobility Mixx of this in writing or by email, providing reasons, within 1 (one) month of the date of the disputed invoice. Contestation of an invoice does not put the obligation to payment on hold. Where a complaint transpires to be justified, Mobility Mixx will credit the amount. After the term of complaint of one month, the invoice will be considered to have been approved by the Client. However, Mobility Mixx remains entitled to correct errors of calculation and, where applicable, to debit or credit additional sums.
- Mobility Mixx is entitled to investigate the creditworthiness of the Client and to expect with reasonable certainty the Client’s compliance with its payment obligations. This assurance may consist of, but is not limited to, an advance payment, deposit, bank guarantee or guarantee from the Client’s parent company. The Client is obliged to provide the assurance to Mobility Mixx immediately on request.
- Mobility Mixx is not liable for damage suffered by the Client, unless this damage is caused by an attributable failure to perform the Agreement by Mobility Mixx, in which case Mobility Mixx is only liable for direct damage, and as far as this damage is covered by the liability insurance taken out by Mobility Mixx in relation hereto, but in any case up to a maximum claim amount of € 25,000 per event, per insurance year (whereby a series of events is considered one event). The foregoing does not apply where Mobility Mixx has acted with intent or gross negligence, or insofar as any limitation of Mobility Mixx’s liability is not legally permitted.
- Direct damage is here defined as the damage which relates directly and inextricably with the act/omission which resulted in the damage (excluding non-material damage).
- Mobility Mixx is in no case liable for indirect damage, including but not limited to consequential loss, loss of profits or turnover, lost savings and losses and expenses incurred in the prevention or determination of consequential loss. Moreover, Mobility Mixx is not liable for system failures or the actions or omissions of Service Providers and/or TLS, including, but not limited to, the provision of wrong information.
- Mobility Mixx declares to have taken out liability insurance as referred to in article 1.17, for an insured sum and on terms which are not unusual for the sector in which Mobility Mixx operates.
- Claims for compensation must be submitted by the Client to Mobility Mixx in writing as soon as possible, and in any case within 3 (three) months of the occurrence of the damage-causing event, to avoid the risk of forfeiting the right to compensation from Mobility Mixx. The Client indemnifies Mobility Mixx against Card Holder claims relating to the Agreement.
DATA PROTECTION AND USER RECORDS
- In the context of the implementation of the Agreement, Mobility Mixx processes the personal data of Clients and/or Card Holders and transaction data in accordance with the General Data Protection Regulation (“GDPR”) and the Implementing Act of the GDPR (“UAVG”). More details are available in the privacy statement available at www.mobilitymixx.nl.
- For as long as this Agreement runs, Mobility Mixx will be the processor for the purposes of the GDPR for Clients' and/or Card Holders' personal data and public transport transaction data that Mobility Mixx processes in the course of implementing this Agreement. In the course of performing this Agreement, TLS will process under contract to Mobility Mixx, that is to say as ‘(sub) processor' for Mobility Mixx, Card Holders' personal details for personalising Mixx Cards issued as public transport smart cards and the public transport transaction data as stated in Article 1.22.
- Clients and/or Card Holders may inspect and correct their personal and public transport transaction data records. If they object, Mobility Mixx will be obliged to terminate the right to use of the Mixx Card concerned.
- Client warrants that it will provide personal details in accordance with the GDPR and UAVG and therefore that the potential Card Holder consents expressly to the processing that Mobility Mixx will perform.
- On request, the Client will provide Mobility Mixx and TLS (for Mixx Cards fulfilled as public transport chip cards) with proof that the aspirant Card Holder has given permission for the processing of personal data and the public transport transactions. The Client indemnifies Mobility Mixx for any consequences/ third-party claims arising from failure or incapacity to satisfy the request referred to in this article.
INTELLECTUAL PROPERTY RIGHTS
- All intellectual or industrial property rights in respect of Mobility Mixx’s products and services, the brand and the trade name Mobility Mixx as well as those in respect of all software, equipment or other materials such as analyses, designs, documentation, reports or offers and related preparatory material, developed or made available in accordance with the Agreement, are vested exclusively in Mobility Mixx or its licensors. The Client obtains only those rights of use and entitlements granted expressly in these Terms and Conditions or elsewhere.
- None of the parties will provide or make known to third-parties details of any kind concerning the other party or the content of the Agreement without the prior written consent of the other party, even after termination of the Agreement, unless this information is general knowledge or the parties are obliged thereto in accordance with the law.
- Mobility Mixx is entitled to suspend implementation of the Agreement, fully or partially, if the Client and/or Card Holder fails to perform its obligations under these General Terms and Conditions or the Agreement, or where Mobility Mixx has reason to fear that the Client and/or Card Holder will not be able to meet its obligations either fully or partially, without prejudicing any other rights due to Mobility Mixx. Where the Client and/or the Card Holder subsequently does fulfil the Agreement and/or provides sufficient guarantees in respect of meeting its obligations, Mobility Mixx will revoke the suspension.
TERM AND TERMINATION OF THE AGREEMENT
- The Agreement is entered into for the term agreed in the Agreement.
- Each party is entitled to terminate the Agreement extrajudicially if the other party is in breach of essential obligations in respect of the Agreement and such breach is not remedied within a reasonable period following proper written notice of default.
- Mobility Mixx is entitled to terminate the Agreement in writing with immediate effect, without any further notice of default being required and without Mobility Mixx becoming liable for compensation in respect of the Client as a result, if:
- suspension of payment is granted to the Client or a petition is filed for the Client’s liquidation;
- the Client is dissolved or loses the power to dispose of its capital, or part thereof;
- the Client discontinues its business or disposes of an important part thereof;
- a change occurs in the control of the Client’s organisation, or the Client sells all of its assets, or a considerable part thereof.
The foregoing in no way prejudices Mobility Mixx’s right to compensation for any damage it suffers due to the premature termination of the Agreement.
- Termination of the Agreement does not release the Client from any payment obligation regarding Services and Mobility Services already provided. Such sums will become immediately due and payable from the moment of termination.
- The Client guarantees that it will also impose all its obligations under these General Terms and Conditions on Card Holders. The Client will in no case furnish Card Holders with commitments or guarantees that go further than those provided by Mobility Mixx in the Agreement and General Terms and Conditions.
- The Client is not permitted to transfer any rights or obligations in respect of the Agreement to a third-party without the prior written consent of Mobility Mixx.
- If one or more provisions of the Agreement transpires to be non-binding, the other provisions of this Agreement will remain in force. The parties undertake to replace the non-binding provisions with provisions which – in view of the aim and purpose of this Agreement – deviate as little as possible from the non-binding provisions concerned.
- These General Terms and Conditions may be changed by Mobility Mixx. The Client will be notified in advance of any such changes. Where a substantive change has been made and the Client does not wish to accept this, it is entitled to terminate the Agreement in writing within 30 (thirty) days of the change announcement, effective the date on which the change takes effect. Any such changes to the General Terms and Conditions will apply in respect of all existing and future Mixx Cards.
- Dutch law exclusively applies to the Agreement and its implementation. Any disputes concerning the validity, interpretation or performance of the Agreement, and/or the rental agreement of the rental car as referred to in article 3.1 will be submitted to the competent court in Amsterdam, without prejudice to Mobility Mixx’s right to institute legal proceedings before the court in the district in which the Client is located.
- MIXX CARD
- Mobility Mixx will provide Card Holders with a Mixx Card. Through use of the Mixx Card, the Client can order and acquire the agreed Services and Mobility Services (for use by the Card Holders). The Mobility Services available may vary. The most recent overview can be found on the Website.
- The Mixx Card is registered by Mobility Mixx in the name of the Card Holder or a department of the Client indicated by the Client, whereby the name of the Client will also be registered.
MIXX CARD USE
- The Mixx Card is used in accordance with the User Manual issued by Mobility Mixx. Among other things, further description is provided herein of how the Mixx Card should be activated by the Card Holder in order to be able to use the various Mobility Services selected. The Manual also states that the Client and/or Card Holder is not permitted to load other products (which have not been permitted in advance by Mobility Mixx) on the Mixx Card. Should the Client and/or Card Holder fail to act and/or travel in accordance with the User Manual, Mobility Mixx cannot guarantee that the Mobility Services will be provided correctly, if at all. The costs and/or fines resulting from failure to use the Mixx Card in accordance with the User Manual (and the Agreement, including these General Terms and Conditions), are always at the Client’s expense.
- If a Card Holder wishes to book a Journey with for example a taxi, Rental Car, or Shared Vehicle, then the Card Holder must register the Journey in advance via the Mixx-portal of Mobility Mixx, the Mixx App or by telephone at Mobility Mixx. Mobility Mixx will handle this registration in conformity with the Agreement. If the order to arrange the Journey is issued to Mobility Mixx in the correct manner and Mobility Mixx has confirmed this with the Card Holder, the Card Holder can start the Journey as booked, whereby the Card Holder might identify itself during the Journey using its Mixx Card. Mobility Mixx will charge the Client for all costs arising from the fact that the Card Holder is present too late for the requested departure time, or fails to appear. The Card Holder can only cancel the Mobility Services described in this article in accordance with Mobility Mixx’s stated cancellation periods. Mobility Mixx is entitled to charge the transport costs in full, if the Card Holder cancels the Mobility Service after expiry of the cancellation period. Mobility Mixx retains the right to charge for the booking fee in case of late cancellation.
- The Client guarantees that the Card Holders will use the Mixx Cards with due care and in conformity with the provisions of the Agreement, these General Terms and Conditions and the User Manual.
- The Client vouches for all consequences of the Mixx Card’s use by the Card Holder. This includes the Client’s compensating Mobility Mixx for all costs relating to Mobility Services purchased through the Mixx Card, regardless of the answer to the question of whether use of the Mixx Card has been lawful, from the moment the Mixx Card has been dispatched by Mobility Mixx to the moment it has been returned to Mobility Mixx (or, where the Mixx Card has been fulfilled as a public transport chip card, blocked by TLS, in case of theft or loss).
- Where the dispatch of Mixx Cards is concerned, Mobility Mixx assumes that the personal data as stated on the personal Mobility Mixx web page of the Card Holder are up to date. It is the responsibility of the Client and/or Card Holder to promptly notify Mobility Mixx of any changes hereto.
- The Client is not permitted to:
- damage the Mixx Card or have it damaged, change it or have it changed, or use it or have it used in any other way than is permitted in the Agreements, these General Terms and Conditions and the User Manual.
- reproduce the security features of the Mixx Card, including its electronic security features, or have these reproduced by a third party, make these public or have them made public, change them or have them changed, circumvent them or have them circumvented or obstruct the functioning thereof or have a third party obstruct it, with the intention of unauthorised use of the Mixx Card.
- present the opportunity to carry out one of the acts referred to above under (i) or (ii).
- A revocation of a payment transaction on Mixx Cards is not possible.
- The Client endeavours to ensure that a Mixx Card, on which the personal characteristics of a Card Holder are placed, is only used by the applicable Card Holder.
- In respect of Mixx Cards which are fulfilled as public transport chip cards, TLS has an obligation to do its best to provide for the maintenance, protection and functioning of their technical capabilities. However, neither TLS nor Mobility Mixx are responsible for the completely flawless and uninterrupted functioning of Mixx Cards.
CHANGES AND CANCELLATION
- The Client can add or remove one or more Services and Mobility Services to one or more Mixx Cards, provided this is done in accordance with a change period of 24 hours, and provided this is permitted under the terms of the Agreement.
- The Client can cancel a Mixx Card (for example, when a Card Holder’s employment ceases), provided this is done in writing in accordance with a cancellation period of at least 1 (one) month.
LOSS AND THEFT
- The Client will ensure that only authorised persons make use of the Mixx Cards issued.
- In case of loss or theft of the Mixx Card, the Card Holder will immediately inform Mobility Mixx hereof by telephone or in writing. Mobility Mixx will note the time it receives the notification and will arrange the blocking of the Mixx Card as quickly as possible (within 48 hours of receiving the notification).
- Where notification is made of loss or theft of the Mixx Card, Mobility Mixx will provide a new Mixx Card at the Client’s request. In such cases, the Client will compensate Mobility Mixx for the costs as set out in the Agreement. Mobility Mixx retains the right to increase these costs.
- Where notification is made of loss or theft, Mobility Mixx retains the right to ask the Card Holder to report this to the police. In such cases, the Client/Card Holder will also be obliged to send a copy of the report in question to Mobility Mixx immediately.
FRAUD AND DAMAGE
- In case of fraudulent activity concerning the Mixx Card (or suspicion thereof), the Client must report this to Mobility Mixx without delay. In such cases, it is possible that an investigation will be conducted (potentially with the involvement of a third-party). This is not mandatory. The Client agrees in advance to cooperate fully with TLS (for the use of Mixx Cards fulfilled as public transport chip cards), Mobility Mixx or third parties in case of such investigations.
- Following the reporting of fraud (or the suspicion thereof) or where TLS itself suspects that fraudulent activity involving Mixx Cards fulfilled as public transport chip cards is taking place, TLS is entitled, at its own discretion and as quickly as TLS deems necessary, to block surplus balance and/or products on the Mixx Card(s) concerned or alternatively to block the Mixx Card(s) concerned entirely. In these same cases, Mobility Mixx is entitled, at its own discretion and as quickly as Mobility Mixx deems necessary, to block one or more Services and/or Mobility Services on the Mixx Card(s) concerned.
- Mobility Mixx is by no means obliged to compensate the Client and/or Card Holder for any damage, financial or otherwise, which the Client or Card Holder or other third parties suffer as a consequence of the fraud.
- In case of damage to the Mixx Card, Mobility Mixx will provide a new Mixx Card at the Client’s request. In such cases, the Client will reimburse the costs to Mobility Mixx as set out in the Agreement. Mobility Mixx retains the right to increase these costs.
DENIAL OF USE
- For Mixx Cards fulfilled as public transport chip cards, Mobility Mixx is entitled to block with immediate effect surplus balance and/or products on a Mixx Card or alternatively to block a Mixx Card entirely if a compelling reason justifies such action, for example, if the Mixx Card appears to be technically defective from the point of view of security, protection and/or the proper functioning of the Mixx Card or the TLS System, or if Mobility Mixx discovers (or suspects) misuse of the Mixx Card. In these same cases, Mobility Mixx is entitled to block one or more Services and/or Mobility Services, but also when the Mixx Card is not being used in accordance with the Agreement, the General Terms and Conditions and/or the User Manual.
TERMINATION OF RIGHT OF USE
- In the cases described in articles 2.15, 2.19 and 2.22 of the General Terms and Conditions, the right to use the Mixx Card(s) will cease.
- In addition to article 2.23, the right of use in respect of the Mixx Card(s) ceases in the following cases:
- On termination of the Agreement.
- On termination of the Company Card Provider Sub-agreement between TLS and Mobility Mixx, on the basis of which Mobility Mixx is entitled to loan out Mixx Cards fulfilled as public transport chip cards to the Client and others.
- Where objections are raised, as described in article 1.20 of the General Terms and Conditions.
- At the moment of expiry of the technical period of validity of the Mixx Card fulfilled as a public transport chip card, of five (5) years maximum, in which case a new Mixx Card will be provided.
The Card Holder may no longer use the Mixx Card(s) from the moment the right of use of the Mixx Card(s) has ceased or been terminated.
- Where the right of use ceases or is terminated, and in case of damage to a Mixx Card, the Client and/or Card Holder will return the Mixx Card in question immediately to Mobility Mixx. If the Mixx Card is not received by Mobility Mixx within 30 days of its being so requested, Mobility Mixx may charge € 25 monthly for this per Mixx Card, until the Mixx Card concerned is received. This does not apply to cases of loss or theft. If a Mixx Card that has been reported lost/stolen is found again/returned, this must be returned immediately (undamaged) to Mobility Mixx.
- The Client is also obliged to compensate Mobility Mixx for the costs Mobility Mixx must incur in relation to the failure of the Client and/or Card Holder to return the Mixx Card, or to do so late.
- Mixx Cards fulfilled as public transport chip cards will at all times remain the property of TLS as card issuer. Other Mixx Cards remain at all times the property of Mobility Mixx. The Client/Card Holder therefore receives only the right of use of the Mixx Card. No direct contractual relationship whatsoever arises between the Client/Card Holder and TLS. Neither the Client nor the Card Holders may initiate direct contact with TLS.
- The use of certain types of Mixx Cards (insofar as these are fulfilled as public transport chip cards) may be time restricted by TLS or replaced by other types of Mixx Cards fulfilled as public transport chip cards. Moreover, in response to a request thereto from TLS, Mobility Mixx may at all times issue new Mixx Cards fulfilled as public transport chip cards with adjusted functionality and/or terms and conditions and/or at increased cost.
- RENTAL CARS
- The general terms and conditions of the rental company apply to the rental agreement pertaining to the Rental Car. The applicable terms and conditions must be accepted prior to the rental of the car.
- The deployment of the Rental Cars by Mobility Mixx to the Client and/or Card Holder is entirely at the Clients and/or Card Holders risk and expense. The Client is responsible for the Rental Cars being used only by competent Drivers in possession of a valid Dutch driver’s license and in accordance with the applicable legislation. Where Mobility Mixx is called to account for breaches in relation hereto, Mobility Mixx will charge any costs to the Client.
- The client will indemnify Mobility Mixx against any and all actions for breaching traffic and other laws, regulations and current legislation on the condition and use of Rental Cars, whether or not on public roads. Should Mobility Mixx be held liable for any breach, however, Mobility Mixx will charge the resulting costs to the Client.
- The Client is responsible for returning the Rental Car via the rental company's prescribed return procedure. Unless they are returned in this manner, Mobility Mixx will not regard Rental Cars as having been returned, the hire period will continue to run and the costs will be charged to the Client. Once a Rental Car is properly returned, the Client will remain liable until the Rental Car is actually delivered to or collected by the Rental Company.
- Should the Dutch Public Prosecution Service, the rental company or Mobility Mixx demand that further details be provided concerning the driver of the Rental Car deployed on behalf of the Client, for example in relation to a minor traffic offence, the Client is obliged to provide such information promptly and to indemnify the rental company and Mobility Mixx against all claims in relation thereto.
- SHARED VEHICLES
- Where agreed, Mobility Mixx will make an electronic reservation system for Shared Cars available, with which a Shared Car may be reserved by Card Holders who require a car in the context of their activities for the Client. In this context, Mobility Mixx will also make a Key Issuance System available to the Client. The Client will sign a receipt on delivery of the Key Issuance System and the Shared Cars. Mobility Mixx will make Shared Cars available to the Client as part of this Agreement, in conformity with the Carsharing Order Form.
- Shared Vehicles will be used subject to the Service Providers' general terms and conditions. The applicable Service Providers' terms and conditions must be accepted when reserving a Shared Vehicle before that Shared Vehicle can be used.
USE OF SHARED VEHICLE
- The Client must use the Shared Vehicles, that Mobility Mixx provides and which can be rented via the Mixx portal and/or via the Mixx App, or have them used, with due commercial care and ensure that such Shared Vehicles are always in good condition. Unless agreed otherwise, the Client is also responsible for ensuring that Mobility Mixx provides (regular) maintenance to the Shared Vehicles.
- The Client is not entitled to rent, sell, pledge or otherwise encumber a Shared Vehicle, or any parts thereof.
- The Client is responsible for ensuring that the Shared Vehicle is used only by competent drivers and in accordance with current laws, regulations and legislation. Insofar as a driver's licence is required to use a Shared Vehicle, the Client is responsible for ensuring that the Client and/or Card Holder hold a current Dutch driver's licence. Should Mobility Mixx be held liable for any violation, it will charge the resulting costs to the Client.
- The Client is not permitted to make changes of any kind to a Shared Vehicle made available by Mobility Mixx, without the written consent of Mobility Mixx.
- The Client revokes the ownership of everything added by the Client to a Shared Vehicle without the approval of Mobility Mixx. Mobility Mixx is not obliged to pay compensation for any accessories left unremoved for any reason whatsoever from and/or possessions left behind in a Shared Vehicle.
4.8 Defects in the odometer must be reported to Mobility Mixx within 24 hours and immediately repaired by or on behalf of Mobility Mixx. The number of kilometres driven with the defective odometer will be determined following consultation between Mobility Mixx and the Client. The Client undertakes to furnish any information required in order to make possible a correct determination of the number of kilometres.
- Mobility Mixx is authorised to replace the Shared Vehicles made available by Mobility Mixx to the Client at any time with a new Shared Vehicle, or with a Shared Vehicle that is in at least an equivalent state and of the same brand and similar type. Any associated costs will be borne by Mobility Mixx.
- 5.10.Following prior announcement, Mobility Mixx or its authorised representative has at all times, or as much as possible during normal working days, the right to enter the place or places where a Shared Vehicle is located and to inspect these. The Client will cooperate with this.
- 5.11.The fact that a Shared Vehicle cannot be used due to any reason whatsoever, does not release the Client from its payment obligation in respect of Mobility Mixx.
SHARED CAR FUEL CARD
- 5.12.Each Shared Car comes with a Fuel Card, which has a unique PIN code to prevent it from being misused. The Client will be informed of the PIN code in writing. Where petrol stations have electronic equipment, the Client must key in their PIN code and the Car's correct km reading. If the Client forgets the PIN code, Mobility Mixx will send this again in writing or issue a new Fuel card and new PIN code. Either way, the Client will be liable to pay Mobility Mixx a one-off administration charge. The Client must abide strictly by all Mobility Mixx's or the Fuel card company's instructions and directions for using the Fuel card.
- 5.13.Mobility Mixx may replace an existing version of the Fuel card at any time, provided it issues a new Fuel card that has at least the same use functions.
- 5.14.If a Fuel card is lost or stolen, Mobility Mixx will issue a new Fuel card, charging the Client one-off card and administrative costs.
- 5.15.The Client and/or Card Holder(s) must keep their Fuel cards separately from their PIN codes. The Client and Card Holder(s) must not record their PIN code on their Fuel card, share their PIN code with third parties, or leave their Fuel card in their Cars. The Client and its designated Drivers must use the Fuel card carefully and only for its intended purpose and in accordance with the rules issued for that purpose.
- 5.16.If the Agreement in respect of a Shared Car ends, the Fuel card and the car must be returned to Mobility Mixx at the same time. The Client is liable for all transactions made using a stolen or lost Fuel card which has not been returned. The Client is also liable for all transactions made by a stolen or lost Fuel card that has not been reported stolen or lost to Mobility Mixx.
- 5.17.The Client is liable for all payments made when using Fuel cards provided to it and will be liable for any losses Mobility Mixx may incur if a Fuel card is presented to pay for goods and/or services for which it is not intended. The Client will bear the risk and expense of Fuel cards provided to it being lost, stolen or abused and any resulting losses which Mobility Mixx may incur, and will hold Mobility Mixx harmless against any losses and consequences of Fuel cards being misused and/or statements arising from the improper use of the Fuel cards. Mobility Mixx cannot be held liable for the consequences of a Fuel card being refused by a member fuel supplier or another member company.
- 5.18.Unexpected costs incurred as the result of losing a PIN code will be charged to the Client.. Should any Fuel card provided to the Client be misused, lost or stolen, the Client must inform the card provider and Mobility Mixx immediately, and report the matter to the police. A copy of the report must be sent to Mobility Mixx within 24 hours.
- 5.19.Mobility Mixx cannot be held liable for the consequences if a kilometre reading that a user gives is incorrect.
- 5.20.Mobility Mixx cannot be held liable for any losses which the Client and/or Card Holder(s) suffer in connection with being unable to use the Fuel card, irrespective of whether the reason why they cannot use it is because the Fuel card is damaged or the electronic payment system is temporarily out of use or for any other reason.
INSURANCE AND LIABILITY
4.21 Mobility Mixx declares to the Client that the Shared Vehicle is fully (all-risk) insured, and as far as applicable, including ‘passenger accident insurance’.
4.22 The Client is liable for all damage whatsoever inflicted on or with the Shared Vehicle, or resulting from theft of the Shared Vehicle where these are not covered by the applicable insurance, including:
- damage to and costs of the Client and/or third parties, which can in any way be linked with the use of the Shared Vehicle;
- fines for minor traffic offences. When settling traffic fines, in addition to the amount of the fine, Mobility Mixx will charge the Client an administration fee;
- damage as a consequence of not meeting obligations (administrative or otherwise) in case of damage to a Shared Vehicle made available by Mobility Mixx.
- 3.23.Mobility Mixx is never liable for any damage (including trading loss) arising as a consequence of damage or defects in the Shared Vehicle, regardless of the circumstances in which that damage or those defects might have arisen.
- 3.24.The Client indemnifies Mobility Mixx against any claims submitted against Mobility Mixx in relation to the possession or use of the Shared Vehicle, and which are not eligible for compensation from the insurance company.
- 3.25.In case of theft or damage to or caused by the Shared Vehicle made available by Mobility Mixx, the Client and/or Card Holder are obliged to inform the rental/leasing company and Mobility Mixx within 24 hours, and to submit witness statements in relation to the events, as well as a completely filled in claim form as soon as possible.
- 3.26.In case of theft of a Shared Vehicle made available by Mobility Mixx, the Card Holder must always have an official and/or police report drawn up and return all car keys and other accessories to Mobility Mixx within 24 hours. In such situations, the Client will always refrain from making commitments or declarations on the basis of which acceptance of any obligation to pay compensation might be inferred, and anything that might damage the interests of Mobility Mixx, the rental/leasing company and the insurer more generally. Failure to comply with this obligation will result in the Client’s full liability for compensation towards Mobility Mixx.
- 3.27.The Client is obliged to offer the Shared Vehicle concerned, which Shared Vehicle has been made available by Mobility Mixx, for assessment, immediately after damage has occurred, and to follow strictly the instructions of Mobility Mixx and the rental/leasing company for repair of the damage, which in any case includes filling in the claim form completely and in a timely manner.
- 3.28.Notwithstanding the provisions of these General Terms and Conditions, in case of damage to a Shared Vehicle made available by Mobility Mixx, the Client will always owe the excess, unless the damage which has occurred is fully compensated by a third-party. If the amount of the claim is lower than the excess, the actual amount of the claim will be charged, unless the damage which has occurred is fully compensated by a third-party. Mobility Mixx has the right to increase this excess, if the rental/leasing company and/or the insurer increase the excess.
- 3.29.Immediately after each notice of claim, the Client must pay the applicable “Excess” sum to Mobility Mixx. As soon as the full compensation amount for the damage has been established by third parties (or their insurance companies), Mobility Mixx will reimburse the Client the received amount in question.
- 3.30.Liability for damage to or loss of the personal belongings of the Card Holder or any third-party found in the Shared Vehicle falls on the Client, unless this is compensated by a third-party.
TERMINATION OF THE AGREEMENT
- 3.31.Any alterations made by the Client to a Shared Vehicle (where this has been made available by Mobility Mixx) without any previous approval of Mobility Mixx, must be removed by the Client on return. Any costs incurred in returning the Shared Vehicle to its original state are payable by the Client.
- 3.32.If the Client does not return the Shared Vehicle(s) made available by Mobility Mixx within the stipulated time, Mobility Mixx is entitled to collect the Shared Vehicle concerned. Any additional costs are payable by the Client and moreover, for each additional day that the Shared Vehicle is not available to Mobility Mixx, the Client incurs a fine of 0.5% of the catalogue price applying to the Shared Vehicle concerned (including VAT), notwithstanding Mobility Mixx’s right to recover the actual damage and costs from the Client.
- 3.33.On termination of the Agreement or the use of the Shared Vehicle, following the return of the Shared Vehicle, any as yet paid or unpaid additional kilometres are determined, on the basis of the odometer reading, vis-a-vis the agreed annual kilometres driven, and immediately settled between the parties.
- 3.34.Should the Client fail to return, Mobility Mixx is entitled to enter the place in which the Shared Vehicle(s) is/are located to demand its/their return and to have the Shared Vehicle(s) be collected. The costs of transport and insurance are payable by the Client. Until the time the Shared Vehicle(s) is/are actually in Mobility Mixx’s actual control, any liability for the risk of damage by or to the Shared Vehicle(s) or its/their destruction, falls on the Client. If, in one of the cases referred to above, Mobility Mixx cannot freely make use of the Shared Vehicle(s), any damage to Mobility Mixx arising therefrom is payable by the Client.
ATTACHMENT AND THIRD-PARTY MEASURES
- 3.35.Should any third parties, which includes at least bailiffs, police or court officials, trustees in bankruptcy or administrators seizing a Shared Vehicle (insofar as provided by Mobility Mixx) wish to assert rights or seize a Shared Vehicle, the Client will immediately make it apparent that it does not own it. Should the Client cease to have control of a Shared Vehicle, it will notify Mobility Mixx that this has happened within 24 hours and take steps to prevent this as necessary at its own expense.
- FUEL CARD
- Mobility Mixx will provide each car with a Fuel Card if the Client so instructs. Each Fuel Card will have its own unique PIN code to prevent misuse. The Client will be informed of the PIN code in writing. Where petrol stations have electronic equipment, the Client must enter its PIN code and the Car's correct kilometre reading. Should the Client forget the PIN code, Mobility Mixx will repeat the code in writing or issue a new Fuel Card with a new PIN code. Either way, the Client will be liable to pay Mobility Mixx one-off administrative costs. The Client must comply strictly with all instructions and directions which Mobility Mix or the Fuel Card company issue for using the Fuel Card.
- Mobility Mixx is entitled at all times to replace an existing version of the Fuel Card, while under the obligation to provide a new Fuel Card simultaneously, which new card provides at least the same functionality.
- In case of the provision of a new Fuel Card due to loss or theft of the Fuel Card, Mobility Mixx will charge the Client one-off card and administrative fees.
- The Card Holder must keep the Fuel Card separate from the PIN number. Neither the Client nor the Driver is permitted to note the PIN number on the Fuel Card, to share the PIN number with third parties, or to leave the Fuel Card behind in the Car. The Client, or the Driver designated by it, must use the Fuel Card carefully and only in accordance with its purpose and the instructions related thereto.
- If the Car for which the Fuel Card was issued is no longer in use by the Client, the Client must immediately request deactivation of the Fuel Card from Mobility Mixx and return it. Liability for the payment of all transactions carried out with a deactivated Fuel Card that has not been returned to Mobility Mixx falls on the Client. The Client is also liable for transactions carried out with a Fuel Card that has not been reported lost or stolen. Mobility Mixx will endeavour to provide useful administrative information to the Client, in order to enable the Client to have recourse against the user of the Fuel Card in relation to the Client’s liability arising from the provisions of this article.
- The Client is liable for any payments made with the Fuel Card provided to it. The Client is liable for any damage which may be caused to Mobility Mixx in cases where the Fuel Card is presented for payment of supplies/services for which the Fuel Card is not designated. Liability for the risk of loss, theft or misuse of the Fuel Card provided to the Client, and any damage to Mobility Mixx arising therefrom, falls on the Client. The Client indemnifies Mobility Mixx against any damage and consequences of misuse of the Fuel Card and/or expense claims as a result of misuse of the Fuel Card. Mobility Mixx is not liable for the consequences of the refusal of the Fuel Card by an affiliated fuel supplier or other affiliated company.
- Costs incurred unexpectedly as the result of losing the PIN code will be charged to the Client. Should the Fuel Card issued to the Client be misused, lost or stolen, the Client must inform the card provider and Mobility Mixx immediately, and report the matter to the police, and send Mobility Mixx a copy of the report within 24 hours.
- Mobility Mixx is not liable for the consequences of any inaccurate odometer readings provided by the user.
- Mobility Mixx is not liable for damage suffered by the Client and/or the Card Holder in relation to not being able to use the Fuel Card, regardless of whether the cause of this failure lies in damage to the Fuel Card, the electronic payment system’s being temporarily out of service, or otherwise.
- At termination of the Agreement the Client must return all Fuel Cards provided to it by Mobility Mixx immediately. As long as these Fuel Cards have not been received by Mobility Mixx, the Client remains liable for all consequences (including damage and costs) connected with the use of these Fuel Cards.
- Fuel card costs will be charged weekly or monthly in arrears, with payment terms of 14 days; monthly fuel cost standing charges will be charged in advance.
6. EXPENSES MODULE
- Kilometre expense declarations of kilometres driven by private car, bicycle or other private vehicle for business purposes will be entered in the Mixx portal or Mixx app and checked electronically, comparing the number of kilometres declared automatically with the distance according to a route planner. Mobility Mixx will present all declarations entered to the authorising manager, who may accept or reject the declaration.
- The Card Holder is responsible for the correctness of the kilometre data entered and the Client will verify and approve these before the end of the current month.
- Mobility Mixx is not liable for any damage suffered by the Client or third parties (including any tax consequences) that is the result of the provision of incorrect or incomplete kilometre data by the Card Holder.
- MOBILITY BUDGET
- Business mobility costs are clearly laid out and made manageable for the employer through the mobility budget. The mobility budget is intended to give employees the choice of converting business travel costs into a monthly budget, whereby employees can decide for themselves whether to travel, and if so, how.
- The annual budget for the employee of the Client in question is managed ‘virtually’ on a personal section of the Website. The business mobility costs which this employee incurs by using the Mobility Services are automatically deducted from this budget.
- The Client is responsible for the correctness of the kilometre data entered and travel expense claims.
- Mobility Mixx is not liable for damage suffered by the Client or third parties (including any tax consequences) that is the result of the provision of incorrect or incomplete kilometre or other data or information by the Card Holder, or that is the result of any other acts or omissions on the part of the Client/Card Holder.
8.1 Mixx Cards may be equipped with the following facilities which may also be used separately from the other services:
a. P&R parking: the Client can access and pay at all NS P&R locations. NS's P&R terms and conditions apply if NS P&R facilities are used, billing will be via Mobility Mixx.
b. Garage parking: the Client can access and pay at all Q-Park locations. Q-Park's terms and conditions apply if Q-Park facilities are used, billing will be via Mobility Mixx.
c. Street parking: the Client can use the Mixx App to use a Yellowbrick account to pay for public parking other than at P&R and Q-Park locations. Yellowbrick's terms and conditions apply if these parking facilities are used, billing will be via Mobility Mixx.