Terms and Conditions

Donkey Republic’s Terms and Conditions for Riders

DonkeyRepublic Admin ApS, registered at the central business register (Denmark) under CVR-No.: 38049488, with its corporate seat at Skelbækgade 4, trappe B, 4. sal. 1717 København V, Denmark, represented by its CEO Mr. Niels Henrik Rasmussen, e-mail: [email protected], phone: (+45)89887227 (“Donkey Republic” or “us”) provides a digital platform, who has vehicles such as bicycles and ebikes (“Vehicle(s)”) for rent (collectively “the Services”). The Services are available via Donkey Republic’s mobile application (“the App”).

By making use of the Services, the App or the Website, the Rider agrees to comply and be legally bound by these terms and conditions (“T&Cs”).

Definitions

“Rider” means the person making the booking and uses a Vehicle for himself and/or for a Co-Rider. A Rider can also be a member.

“Co-Rider” means the person who uses a Vehicle, which a Rider rents.

“Hub” or “Drop-off Location” means the geo-tagged location for Vehicles visible through the App, where the Vehicles are taken from and returned to.

Registration, hard- and software requirements

1. Before making use of the Services, the Rider must create a profile and register via the App.
2. The Rider shall ensure that the information provided to Donkey Republic is correct and is obliged to keep this information up to date.
3. The minimum age to use the app and the vehicles is 12 years.
4. The Rider needs a smartphone with an average hardware performance, which can access the internet and is capable of using Bluetooth and the satellite navigation systems GPS and/or Galileo. The App needs an operating system iOS from Apple Inc. or Android from Google Inc.
5. The Rider is permitted to freely use the vehicles within the operating areas of the account in which the vehicle was rented. Returning the vehicle outside the operating area is penalised.

Contract-objective, payment, conclusion of the contract, options for correction, termination, relocation surcharge

A. Just Ride

1. When the Rider just intends to rent a Vehicle, they have to choose the option “Just Ride”.
2. A booking may consist of one or more Vehicles and may be made for the Rider themselves and/or other Co-Riders. If a booking is made for other Co-Riders, such Co-Riders e-mails can be submitted as part of the booking.
3. In certain Regions an authorisation hold of up to 25 euros will be placed on the active payment method for every vehicle attached to the Rental and upon end of Rental the authorisation hold will be released and the Rider will be charged the final aggregated costs. Be advised that the release of held authorisations may take up to 30 days to be processed depending on the chosen payment method.
4. The presentation of the clickable button “Rent Now” is a legally binding offer from Donkey Republic to the Rider to rent the Vehicles they selected in accordance with these T&Cs and the prices shown in the App. By clicking the before mentioned button the Rider accepts this offer and the contract is concluded and the Rental starts immediately.
5. The current Rental fee will be displayed via the App during the Rental.
6. Upon the end of Rental, the Rider will be charged the actual price for the Rental from their chosen payment method. Hereafter, Donkey Republic issues a payment receipt of the Rental to Rider’s e-mail account.
7. In certain Regions there may be an option to reserve a bike which is a fixed price product for reserving vehicles a specific amount of time before picking them up. The price and duration can vary between Regions.
8. The Rider is entitled to cancel a booking at any time until the Vehicle is picked up and unlocked for the first time in a Rental. In that event, the payment for the rent of the Rider will be refunded in total and any authorisations held as described in 2.A.3 are lifted unless Rider has purchased reservation, in which case only the reservation fee will be charged.
9. The Rider may limit their liability in case of theft / disappearance during the booking by purchasing the “theft insurance” at the time of making the booking. For Just Ride this amount is charged when completing booking per day of rental.
10. The Rider has no right to revoke their declaration of intent in respect to Section 312 (g) subsection 2 clause 1 no. 9 of the German Civil Code (BGB).

B. Day Deals

1. When the Rider(s) intends to rent a Vehicle, with a prepaid discount, they should choose the option “Day Deals”.
2. A booking may consist of one or more Vehicles and may be made for the Rider themselves and/or other Co-Riders. If a booking is made for other Co-Riders, such Co-Riders e-mails can be submitted as part of the booking.
3. The presentation of the clickable button “Rent Now” is a legally binding offer from Donkey Republic to the Rider to rent the Vehicles they selected in accordance with these T&Cs and the prices shown in the App. By clicking the before mentioned button the Rider accepts this offer and the contract is concluded and the Rental starts immediately.
4. The current Rental fee will be displayed via the App during the Rental as well as the time remaining until the included rental time is over.
5. Upon Booking confirmation, Donkey Republic will charge the payment of the amount equivalent to the chosen prepaid Rental of the rented Vehicle from the Rider’s chosen payment method. If at the end of Rental, the Rider has exceeded prepaid time they will be charged the extra amount on their payment method. Hereafter, Donkey Republic issues a payment receipt of the Rental to Rider’s e-mail account.
6. If the rental period exceeds the amount of hours included in the Rental, the Rider will be charged the applicable Just-Ride rental fees shown in the App for any exceeding time above the aforementioned period until the rental is ended by pushing the End Rental button and completing the process until the App confirms that the Rental is ended for each Rental.
7. In certain Regions there may be an option to reserve a bike which is a fixed price product for reserving vehicles a specific amount of time before picking them up. The price and duration can vary between Regions.
8. The Rider is entitled to cancel a booking at any time until the Vehicle is picked up and unlocked for the first time in a Rental. In that event, the payment for the rent of the Rider will be refunded in total and any authorisations held as described in 2.A.3 are lifted unless Rider has purchased a reservation, in which case only the reservation fee will be charged.
9. The Rider may limit their liability in case of theft / disappearance during the booking by purchasing the “theft insurance” at the time of making the booking. For Day Deals this amount is charged when completing booking per day of rental.
10. The Rider has no right to revoke their declaration of intent in respect to Section 312 (g) subsection 2 clause 1 no. 9 of the German Civil Code (BGB).

C. Membership

1. The Rider can become a member by signing up to one of the subscription packages detailed in the App. As a member, the Rider can use one bike for the included amount of hours for free each time they rent. If the rental period exceeds the included amount of hours for any rental, the Rider will be charged the applicable Just-Ride rental fees shown in the App for any exceeding time above the included hours until the rider’s rental is ended by pushing the End Rental button and completing the process until the App confirms that the Rental is ended for each Rental.
2. The presentation of the clickable button “Subscribe” is a legally binding offer from Donkey Republic to the Rider to become a member in accordance with these T&Cs and the price shown in the App. By clicking the before mentioned button the Rider accepts this offer and the contract is concluded and the membership starts immediately.
3. After pushing the button through the Rider, Donkey Republic will ask the respective payment provider to initiate the payment transaction of one month membership contribution in advance. The payment transaction will automatically be carried out by the payment provider and charged to the Rider’s payment method.
4. The membership renews each month, or year, has a minimum contract period of one month, or year, and can be terminated at any time during the current billing period via the App.
5. Upon termination, Rider will maintain access to membership until the end of the current period, however membership will not be renewed at the end of this period.
6. Donkey Republic can terminate the membership monthly at any time via the App or by sending an e-mail to the Rider.
7. The Rider has the right to revoke their declaration of intent regarding the membership. The cancellation policy will be shown during the order process.
8. Donkey Republic may change subscription plans and the price of service(s) from time to time; however, any price changes or changes to subscription plans will apply no earlier than 30 days following notice.

D. Wallet

1. The Rider can choose to add funds to an in-app wallet for immediate or later use.
2. The Rider adds funds through the existing payment methods. Wallet funds will be added in the currency of the country where the Rider is located at the time of the creation of the wallet. The currency is presented to the Rider before confirming the top-up.
3. Wallet can be used to pay for Just Ride as well as the Day Deal products.
4. Wallet can only be used to pay for Memberships or penalty fees with select payment methods.
5. Wallet is limited to one currency at a time. Wallet can only be used to pay for products in the same currency that the Wallet is in.
6. Usage of the Wallet feature is optional and is not needed to use the application. However for certain payment methods the usage of a wallet is required.
7. For certain Wallet transactions, the Rider can receive a bonus amount (Donkey Bonus) that can be used for future transactions. The available bonus options are presented to the Rider in the Wallet menu.
8. Donkey Bonus can only be used for Just Ride and Day Deals and will be used after all other funds have been depleted.
9. If the rental amount exceeds the available amount of funds in the Wallet, including Donkey Bonus, the Rider will be charged the remaining amount from the chosen payment method.
10. For certain payment methods there is an option of Auto top-up when the Wallet reaches zero funds. The Rider can manage their Auto top-up choices by pressing the toggle button when adding funds to the Wallet or on the Manage Auto Top-up-screen.
11. Auto top-up happens automatically at the end of the rental if the current Wallet balance cannot cover the rental and the Rider has Auto top-up enabled.
12. Auto top-up happens automatically at the start of the rental if the current Wallet balance cannot cover the price for a prepaid product and the Rider has Auto top-up enabled.
13. Multiple Auto top-ups may be needed to cover rental fees, including Donkey Bonus, if this is the case Auto top-up amounts are combined and charged to the selected payment method as a single combined amount. In this case Donkey Bonus will be used only after the combined deposited funds have been depleted.
14. If payment fails for the single combined amount, then a further Auto top-up will be attempted for a lower amount. If the Auto top-up succeeds for the lower amount, then the outstanding balance will be charged directly to the selected payment method. However if Auto top-up fails for the lower amount, then additional attempts will be made at an even lower amount and the outstanding balance will be charged directly to the selected payment method.
15. When Auto top-up fails that does not disable Auto top-up for Rider. On the next rental Auto top-up will be attempted to be charged.
16. Auto top-up can be disabled by going to the Manage Auto Top-up screen and pressing the toggle for Auto Top-up to the off state.
17. Donkey Republic has to use the offer selected by the Rider. Donkey Republic cannot use a another offer even if it would be more beneficial to the Rider (for example topping once with 200 DKK and 50 bonus instead of two times with 100 DKK and 20 bonus)
18. Wallet funds expire after 2 years after the initial deposit and cannot be used for purchases. They can be refunded if the customer gets in touch with Donkey Republic within 12 months after the expiration date. 36 months after the initial deposit, the wallet funds can not be refunded anymore.
19. Any unused Donkey Bonus received will expire 24 months after the date of issuance.
20. If at any point Rider wants their wallet funds to be refunded, Donkey Republic will refund Rider the remaining paid-in funds in their wallet. For this, please send an email to [email protected]. Donkey Bonus will not be refunded and will be lost upon refunding the Wallet funds.

E. General

1. Before the Rider pushes the button “Rent Now” or “Subscribe” they can cancel the respective booking process at any time by closing the App. The Rider can correct input errors on the booking form in the respective input field.
2. Before the Rider unlocks a bike for the first time in any Rental, they can cancel the Rental through the “Cancel Rental” button in the App. If Rental is cancelled, the Rider will not be charged any amounts.
3. Once a vehicle has been rented the App will display the available Drop-off Locations where the vehicle should be returned to. If a vehicle is not returned to one of the available Drop-off locations it may incur a relocation surcharge as stated below.
4. The Rental ends, when the Rider returns the Vehicle(s) to a Drop-Off Location and pushes the button “Return Vehicle” and thereafter, “End Rental” in the App, and completes the process until End Rental is confirmed in the App. For Bikes and eBikes, the Rider must actively lock the vehicle as guided by the App.
5. The Rental also ends, when the Rider locks the vehicle, pushes the button “End Rental” in the App without being at a Drop-Off Location, and completes the process until End Rental is confirmed in the App. But in this case, the Rider has to pay a relocation surcharge of up to
  – 25 EUR (VAT included) if the Vehicle is within 500m of nearest available Hub
  – 55 EUR (VAT included) if the Vehicle is within 5km of nearest available Hub
  – 110 EUR (VAT included) if the Vehicle is within 50 km of nearest available Hub
  
  For additional distances, the Rider will be charged depending on the cost of the vehicle up to:
  
  – 300 EUR for a pedal bike
  – 1000 EUR for an ebike
  Amounts may be higher or lower in specific regions or cities. The exact amounts will appear in the app at the time of End Rental.
6. In certain Regions, the App will instruct Riders to take an image before ending a Rental as proof of correct return. If a Rider does not end rental , as instructed by the local authorities in a specific Region, an extra fee of 50 EUR might apply on top of the relocation surcharge as is described in 2.E.5.
7. The prices are shown in the App. The total price each includes the respective applicable statutory VAT and other price components.
8. Fees stated in these T&Cs are expressed in Euro, and may be charged to the Rider’s account in Euros or the equivalent amount thereof in the local currency of the Rental Location.
9. Donkey Republic accepts only the means of payment shown in the App.
10. The Rider will be charged for every time the Rental price reaches EUR 25 and upon end of Rental for the (additional) actual price for the Rental, from their chosen payment method. Hereafter, Donkey Republic issues a payment receipt of the Rental to Rider’s e-mail account. If the Rider has reached a price of Rental of EUR 25 and the chosen payment method is not validated for payment, the Rider must Return Vehicle or End Rental in accordance with the guidelines below. The Rider will be unable to unlock the Vehicle until the outstanding Rental price has been duly paid.
11. For payment methods where the usage of the wallet is required, fees as described in 2.E.5 and certain charges as described in 2.E.9 will be taken out of the users wallet funds. If the chosen payment method is not validated for payment, the Rider must Return the Vehicle or End Rental in accordance with the guidelines. Whenever a fee can’t be charged to the chosen payment method, the Rider will be excluded from the service until the outstanding balance has been duly paid.
12. Donkey Republic collaborates with multiple payment service providers. Payments will be processed based on the payment method you choose. By entering into a rental agreement, you acknowledge that you have the authority to authorize the transfer of funds from the designated account through direct debit. It is your responsibility to ensure that your chosen payment method has adequate funds to cover the rental fees. In the event that a payment cannot be processed due to insufficient funds or other reasons attributable to you, Donkey Republic reserves the right to levy a fee unless payment is made promptly.
13. The Rider is fully responsible for their Vehicle and for the Vehicle used by a Co-Rider.

3.Use of the Vehicles

1. The minimum age to use the app and the vehicles is 12 years.
2. The Rider shall ensure that the Co-Riders are aware of and comply with these T&Cs as well as applicable national legislation on rules for bicycle riding in traffic.
3. The Vehicle is intended for a maximum weight of 100 kg. Usage outside these ranges may increase risks of accidents or inconvenience. It is not allowed to be two persons on the same Vehicle.
4. On the Website (https://donkeyrepublichelp.zendesk.com/hc/en-us/categories/201216225-Riders), the Rider can access recommendations on how to check the condition of a Vehicle at the beginning of the Rental, and how to park the Vehicle after use to end the Rental. The Rider can also find information of the Vehicles’ seat heights.
5. A Rider and Co-Rider is at all times obligated to use the Vehicle in an appropriate, legitimate and justifiable fashion.
6. When the Rider finishes the Rental, the Rider shall ensure for himself and for the Co-Rider:
  a. correctly locking the Vehicle at a Hub. Detailed instructions for locking the Vehicle are described in the App. These instructions are prompted by the Rider by pressing the “End Rental” button in the App;
  b. parking the Vehicle in a legitimate appropriate manner in the correct and dedicated Hub as displayed in the App. The App will confirm, if the Vehicle is parked correctly in the Hub. If a Vehicle is not returned and parked accordingly, the Rider must pay the applicable relocation surcharge;
  c. to click “End Rental” in the App for their Vehicle and for the Vehicle used by a Co-Rider.

Defects and damages on the Vehicle

1. Prior to the pickup by unlocking the vehicle, the Rider shall examine the Vehicle to identify any visible defects or damages, including – but not limited to – tires and lights, and brakes, seat, handlebar as applicable. If the Rider encounters a defect or damage, which makes the Vehicle unsafe to use, then they have to cancel the Rent by pressing “cancel Rental” in the App. The Rider will not be charged any fees for the defect or damage.
2. If a defect or damage on the Vehicle is identified after the Rider unlocks the Vehicle and if the Vehicle is unsafe to use because of the defect or damage, the Rider shall switch the Vehicle by pressing “Switch Bike” in the App or end the Rental by clicking “End Rental” in the App.
3. The Rider and Co-Rider may never use a Vehicle, which is unsafe to use (e.g. because of a damage or defect).

Liability of the Rider

1. The Rider shall be liable for damages resulting from the theft of or damage to their Vehicle and to the Vehicle of the Co-Rider during the Rental period.
2. The Rider has to end the Rental for himself and for the Co-Riders. A Rental that has not been ended correctly will automatically extend and the Rider will be charged accordingly with the applicable relocation surcharge, if the conditions are met.
3. If the end of the Rental is not completed, and the Rider cannot be charged for the ongoing Rental, Donkey Republic will notify the Rider in order to return the Vehicle. The Rider has to respond within 48 hours otherwise the rented Vehicle will – unless found and relocated – be regarded as lost or stolen and the Rider is liable hereof as described below.

Missing Vehicle

Liability in case of theft / disappearance – no agreed limitation

If the Rider has not limited their liability in case of theft / disappearance during the booking by purchasing the “theft insurance”, the Rider will be notified of the claim of disappearance or theft and given 48 hours to respond. If the Rider does not respond the rented Vehicle will – unless found and relocated – be regarded as lost or stolen and the Rider is liable hereof. When the Vehicle has been missing for 7 days, Donkey Republic has the right to charge the Rider directly on its payment method the following amounts in order to compensate Donkey Republic:
1. Bike: up to 300 EUR / Vehicle
2. eBike: up to 1000 EUR / VehicleAmounts may be higher or lower in specific regions or cities. The exact amounts will appear in the app at the time of End Rental.
If a Rider is charged due to a missing Vehicle as described, and later the Vehicle is recovered, Donkey Republic will refund the Rider with 60% of the amount if the Vehicle is recovered within 60 days after reported missing, and 30% of the amount if the Vehicle is recovered within 90 days after reported missing. If the Vehicle is recovered after more than 90 days after the Vehicle is reported missing, Rider will not be refunded.
The Rider is expressly permitted to prove that a financial harm or impairment did not occur at all or the financial harm or impairment is significantly lower than the aforementioned lump sums.

Limitation of liability in case of theft – agreed limitation

If a Rider has limited their liability in case of theft / disappearance during the booking, the Rider will be notified of the claim of disappearance or theft and given 48 hours to respond. If the Rider does not respond the rented Vehicle will – unless found and relocated – be regarded as lost or stolen and the Rider is liable hereof. When the Vehicle has been missing for 7 days, Donkey Republic has the right to charge the Rider up to 30 EUR in order to compensate Donkey Republic. The amount will be charged directly on the Rider’s payment method.
If a Rider is charged due to a missing Vehicle as described after 7 days of Vehicle reported missing, and later the Vehicle is recovered, Donkey Republic will not refund the Rider.
The Rider is expressly permitted to prove that a financial harm or impairment did not occur at all or the financial harm or impairment is significantly lower than the aforementioned lump sums.

Termination

1. If the Rider culpably breaches the T&Cs, Donkey Republic is entitled to terminate the use of the Services, the App and the Website and deactivate and cancel the account. In case of a minor infringement, Donkey Republic will notify the Rider so they can stop the infringement. If they do not stop the infringement, Donkey Republic will terminate the Services, the App and the Website and deactivate and cancel the account immediately.
2. In case of such termination, the Rider is not entitled to demand reimbursement for the paid Rental or membership fee.
3. The right to extraordinary termination remains unaffected.

Limitation of liability Donkey Republic

1. Donkey Republic is liable for damage – except in the case of a breach of fundamental contractual obligations – in the event of injury to life, body or health or in the event of claims arising from product liability law or a guarantee assurance – only if this has been caused by Donkey Republic in a willful or grossly negligent manner. Fundamental contractual obligations are those whose fulfilments are necessary to attain the contractual purpose and in whose compliance the customer may regularly trust (cardinal obligations).
2. If fundamental contractual obligations are breached, Donkey Republic is only liable for foreseeable damage typical of such contracts, if this has been caused through sheer negligence.
3. The aforementioned exclusions or limitations of liability apply accordingly for claims against companies affiliated with Donkey Republic, legal representatives and other employees of Donkey Republic and its vicarious agents.

Miscellaneous, change/reserve, language of contract, place of jurisdiction

1. These terms are governed by Danish law under the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular of the country in which the Rider, as the consumer, has their habitual domicile remain unaffected. Any dispute shall be settled by the Danish courts.We do not store these terms of use and the general terms and conditions. However, the respective applicable terms and conditions can be accessed and saved by the Rider via the App or Website, under “General Terms and Conditions”.
2. Donkey Republic reserves its rights to change the T&Cs, prices and the services (“conditions”). Changes of the conditions will be offered to the Rider upon a new Rental by a toggle method. The Rider’s consent is required, when they do not give consent the Rider will not be allowed to use the services. After denial of the offer, the Rider has the right to cancel the contract at any time and may be entitled to a pro-ratio refund depending on the length and usage of the contract in question.

Feedback

1. In case of feedback, requests or if you are not satisfied with the services, please contact our customer support, at +45 8988 7227 or [email protected].

Donkey Republic, May 2023, version 1.1