TripKey’s Terms & Conditions (March 2020)
General Purpose of this Agreement
TripKey provides easy access to mobility and tourist services in the Netherlands, such as public transport and OV-fiets (public bicycle), for a specified rental period, through the use of the “OV-chipkaart” travel card. After creating an account on the TripKey portal and providing your payment information (including a mandate for recurring payment), you may make a reservation for one or more travel cards, which can be collected at a pick-up location. TripKey charges your credit card for the costs incurred in accordance with the rates stated in the Portal.
When making a reservation, you explicitly agree to our Terms & Conditions and our Privacy Statement, as published on www.tripkey.nl. We may update and modify unilaterally our Terms & Conditions and our Privacy Statement without prior notice, so please review from time to time our Terms & Conditions and our Privacy Statement, as you are bound by the most recently updated and modified versions.
RC-BKA, a licensed partner of TransLink, and a partner of TripKey, is responsible for the issuance of the TripKey Card. Special conditions of RC-BKA and TransLink apply.
Article 1. Application of Terms & Conditions
1.1 These Terms & Conditions shall apply to all services provided to you by TripKey. By ordering one or more Cards, you accept these Terms & Conditions, and in particular the processing of personal data. By providing us with your credit card and making a reservation for one or more Cards, you enter an Agreement with TripKey. These Terms & Conditions are applicable to this Agreement.
1.2 In the event of a conflict of provisions, the provisions as stated in the TripKey Terms & Conditions will prevail.
Article 2. Explanation of terms
- User/You: the person who makes use of the Portal, the Customer Service and the Card.
- Terms & Conditions: these terms and conditions, regardless of the form in which they are published.
- Agreement: the agreement between you and us, which is concluded by acceptance of these Terms & Conditions.
- Privacy Statement: policies for safeguarding privacy, access to, processing and storage of personal data, transactions and photographs of users, which you must accept in accordance with the procedure set out in these Terms & Conditions.
- Card(s): the Card supplied to you by TripKey or by TripKey Partner. This Card is a business OV-chipkaart, which is a travel card manufactured by TransLink.
- Pick-up/Drop-off Location: a physical location where you can pick up and drop off your Card(s).
- Rental Period: the period in which you rent one or more Cards, starting at the moment you collect the Card(s) at a Pick-up Location and ending at the moment you return the Card(s) at a Drop-off Location, or ending 24 hours after you have reported the Card(s) lost or stolen.
- Portal: the TripKey Portal or portal of TripKey Partner, a digital access Point where you can perform actions, such as register your e-mail and password, reserve your Card(s) and view transactions.
- Customer Service: the telephone number and e-mail address where you can ask questions about one or more actions as mentioned in these Terms and Conditions.
- Mobility service providers: providers of mobility services that accept the Card as a payment method for the delivery of their products and services.
- Reservation Costs: the Costs we charge your credit card account, directly after you have reserved one or more Cards. These costs are not refundable.
- Cancelation Costs: the Costs we charge when you cancel your reservation.
- Mandate Costs: a payment to authorize TripKey for charging automatically.
- Changing Costs: the Costs we charge your credit card account, for changing your reservation.
- Costs per Card: the costs for using the card a specific period.
- Deposit: a guarantee per card that is picked up.
- Rental Costs: the costs for the rental of the Card(s) longer than the specific period.
- Administration Costs: the costs we charge your credit card account, every time we charge.
- Transaction: every registered action carried out with a Card.
- TripKey: TripKey BV, a private company with limited liability, with its registered office in Amersfoort, Utrechtseweg 9, registered in the Dutch Commercial Register under number 64820432, also indicated in this agreement as “we” or “us”.
- RC-BKA: RC-BKA BV, a private company with limited liability, located in Amersfoort and registered in the Dutch Commercial Register under number 60488972. RC-BKA is a partner of TripKey for the issuance of the Card. It is a licensed partner of Translink, enabling it to offer Cards and to process personal data in accordance with Translink requirements.
- TransLink: Trans Link Systems BV, a private company with limited liability, with its office in Amersfoort, Stationsplein 151‐157, a processor of personal and transaction data and manufacturer, issuer and owner of the OV‐Chipkaart.
3.1 The Agreement is concluded as soon as you confirm your reservation.
3.2 The Agreement is for an indefinite period. You can terminate the Agreement by terminating your account in the Portal or through the Customer Service, provided that there aren’t any remaining payment obligations.
3.3 Your credit card needs to be valid for at least 90 days after pick-up and 7 days after drop-off. If you have not validated a new credit card three months prior to the expiration date of your current credit card, we may terminate the Agreement.
3.4 We may terminate the Agreement if we suspect abuse of the Card(s), your account or credit card.
3.5 We will block the use of the Portal and the use of the Card(s) upon termination of the Agreement. We will charge your credit card account for any remaining payment obligations, and we will refund the (remaining) deposit after an eventual deduction of costs.
Article 4. Obligations of the User
4.1 In order to use the Portal, you must provide us with truthful information.
4.2 Changes in contact information, such as e-mail address and mobile phone number, must be registered immediately in the Portal.
4.3 You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your registration, user account or password.
4.4 You are responsible for the Card(s) you rent, and must take proper care of the Card(s). Eventual additional instructions on the (safe) use of the Card(s) must be followed.
4.5 In accordance with Dutch Transport Law and the terms and conditions of mobility Service Providers, you are responsible and liable for all use of the Card(s) and the related transactions effected during the Rental Period. You are responsible for fines and costs resulting from non-compliance.
4.6 Only you and any other users authorized by you may use the Card(s). It is your responsibility to ensure that any other user of the Card(s) is aware of our Terms & Conditions and is taking proper care of the Card(s) in conformity with these Terms & Conditions.
4.7 You have to return the Card(s) to a Drop-off Location when you or any other user no longer needs the Card(s). Or whenever your Rental Period ends. If you had ordered several Cards, you must return all these Cards at the same time, as these Cards are registered as a single batch upon issuance. If you do not return the Cards at the same time, the Cards that you will not have returned will be registered as lost or stolen. The deposit of lost or stolen cards will not be refunded.
Article 5. Personal data and privacy
5.1 We process your personal data in accordance with our Privacy Statement.
5.2 We process personal data, including support for:
a) reporting Transactions, charging and collecting fare to/from your account;
b) providing service to you through the Customer Service;
c) sending specific messages, information and/or requests to you;
d) the possibility to analyse anonymized data;
5.3 For proper execution of the Agreement, we may use third parties, including software vendors and call centres. If these third parties have access to personal data, they are bound by our Privacy Statement.
5.4 To the extent that you provide us authority, by means of this Agreement, to perform (legal) actions, you hereby grant us permission to have a designated third party carry out those (legal) actions. We shall ensure that the designated third party is bound by the conditions and obligations imposed on us by these Terms & Conditions including the Privacy Statement.
Article 6 Our general obligations
6.1 Our activities include:
a) issuing one or more Cards for you to collect at a Pick-up Location and collecting Cards you return at a Drop-off Location;
b) daily recording and processing all Card Transactions that you and any other Card user initiate(s) with Service Providers;
c) timely reporting, invoicing and revenue collection of your use during the Agreement;
6.2 Through the Customer Service and/or the Portal you can:
a) review Transactions or invoices;
b) challenge Transactions;
c) file a complaint or comment;
d) change your contact information;
e) request or change a password for TripKey services.
7.1 For us to provide you with one or more Cards, you need to provide us with personal data and you need to accept our Privacy Statement by checking the checkbox when making a reservation.
7.2 It is your obligation under these Terms & Conditions to inform any user of the Card(s) that each transaction will be registered and will be visible in your account. Please ensure that any user is aware of our Terms & Conditions and of our Privacy Statement.
Article 8. Validity and termination of the Card (s)
8.1 The Card(s) can be used during the Rental Period agreed at issuance. You can extend the agreed Rental Period through your personal account in the Portal or the Customer Service. If you fail to extend the Rental Period on time, we reserve the right to end your reservation, block the Card(s) and we will keep the deposit.
8.2 When you report a Card as damaged, lost or stolen we will block the Card for security reasons and we will keep the deposit. A replacement Card is available to you at a Pick-up Location.
8.3 The Card can be used until the expiration date shown on the Card. You can exchange the expired Card at a Pick-up Location.
Operation and use
Article 9. Card for Mobility Services
9.1 The Card is suitable for (mobility) services, including travel by public transport and use of the OV-fiets.
9.2 We are not a party to the legal relationship between you (and any other user of the Cards) and Service Providers, on use, supply and/or decrease in mobility services and/or products, and as such we have no responsibility therein.
9.3 Dutch Transport Law is applicable. Furthermore, a mobility services provider (including transporters referred to in Article 8: 100 of the Civil Code and as defined in the Passenger Transport Act 2000) can impose conditions such as general travel, use and/or transport conditions, to the use and supply of (mobility) services. These conditions may include penalties and/or additional charges. If the Service Provider charges penalties and/or additional charges, you must pay these costs and we will charge your credit card account accordingly.
9.4 When you use the Card at a Service Provider, you agree to the costs associated with that Transaction, which will be charged by the Service Provider. We will charge all Transaction costs made during the Rental Period to your credit card account.
9.5 It is possible that we charge your credit card account for Transaction costs, penalties and/or additional charges after the Card has been returned at a Drop-off Location, or after termination of the Agreement, since we are dependent on receiving the information from the Mobility Providers.
9.6 We do not guarantee that you can always use the Card freely. The operation of the Card depends on many external factors, including Service Providers and proper functioning of third party computerized or telecommunications systems.
9.7 TripKey is not liable if you cannot use the full functionality of the Card.
Article 10. Loss, theft and abuse
10.1 You must immediately report loss, (suspected) theft or (suspected) abuse of the Card(s) or abuse of your account to the Customer Service through e-mail.
10.2 Loss or theft may also be reported at a Pick-up Location.
10.3 You must report theft or loss to the police.
Article 11. Blocking Card(s)
11.1 We can block Card(s), and the use and access of mobility services. In that case, we will keep the deposit. This happens if there is (or seems to be) one of the following situations:
a) a payment commitment is not made;
b) a payment commitment during the rental period is not made within 24 hours after a payment reminder;
c) suspected fraudulent activity with the Card(s) or payment methods;
d) improper use of the Card(s);
e) technical issues with the Card(s), such as -but not limited to- incorrect issuance of the Card(s) and inability to connect the Card(s) to your account.
f) the Card(s) are not returned at one of our drop-off Locations before the end of the rental period.
11.2 We will block the Card(s) at your request or when you report the Card(s) as stolen or lost.
Article 12. Specific Card conditions
12.2 The Card(s) and the value stored on the Card(s) can only be used for the payment of services of connected Service Providers.
12.3 Commercial activities, such as but not limited to transfer and rent of the Card(s) to third parties, are not allowed. The Card remains the property of TransLink at all times.
12.4 You must have the Card blocked immediately if:
a) the Card is lost or stolen;
b) the Card is not returned after use, for example after inserting it into a machine;
c) one or more transactions have been carried out with the Card which you do not recognize;
d) you doubt the security of the Card for any other reason.
12.5 If you recover a Card after it has been blocked, you must return the Card to us.
12.6 Improper use of the Card(s), such as but not limited to damaging, modifying, copying, counterfeiting or making use of the Card in any other way than intended, is prohibited. Any damage suffered by us or by third parties as a result of improper use will be indemnified by you.
12.7 If you breach these Terms & Conditions or do not fulfil the conditions of the terms and conditions of the mobility service provider, and despite warning, still not meet these conditions, we may copy and record your usage data for eventual financial and legal actions.
12.8 You may not in any way infringe intellectual property rights, including the unauthorized use, modification, circumvention or otherwise interfering with the functioning of the posted application(s), software, or the Card security.
Article 13. Payments
13.1 You are obliged to pay all Transactions made with the Card (s) within 24 hours after a payment reminder.
13.2 Directly after reservation we charge you for the first time. You are obliged to pay this immediately.
13.3 After collecting the Card(s) at a Pick-up Location we charge you the deposit. You need to collect the Card(s) no later than four days after the chosen pick-up date, or your reservation will be annulled.
13.4 TripKey will report your Transactions on a regular basis and charge your credit card for all your Transactions and Rental Costs.
13.5 TripKey will charge you Administration Costs for every charge at your credit card account.
13.6 After cancelling your reservation before the pick-up date, TripKey will charge you Cancelation Costs.
13.7 TripKey may charge Changing Costs when you change your current reservation.
Article 14. Contesting charges
14.1 You may dispute a Transaction or Costs on your billing statement which you do not agree with, as soon as possible after you have received the payment summary. However, you cannot dispute a Transaction on the grounds that a mobility service provider or carrier has failed its obligations, for example by delays, or on the grounds that a User has forgotten to check out, or that the Card is lost or stolen, or that there has been an abuse of the Card.
14.2 If your contest is honoured, we will refund you the disputed sum, or in case of remaining payment obligations, deduct this sum from your bill.
Article 15. Liability
15.1 Your liability and our liability do not extend to either trading loss or consequential damages.
15.2 We are not liable for damages (on any basis):
a) related to the use of mobility services via the Card;
b) as a result of blocking or intake of the Card.
Article 16. Customer Service
For questions and/or information on these terms and conditions, you can reach the Customer Service by telephone on +31(0)88‐9343443, you can send an e-mail to email@example.com or you can send a letter to TripKey BV, Postbus 694, 3800 AR Amersfoort, Netherlands.
Article 17. Other provisions
17.1 Our communication is in Dutch and English. We communicate by email or telephone.
17.2 We may transfer these Terms & Conditions to a third party if we meet the conditions set by the law.
17.3 These Terms & Conditions are governed by Dutch law.
17.4 For further information and contact details please visit www.tripkey.nl.