TripKey’s Terms of Use – May 2018

General Purpose of this Agreement

With TripKey you can easily access Mobility Services in the Netherlands, including public transport, for a specified rent period. After you have registered, and reserved your card(s) you collect your card(s) at a Pick up Point. Now you have rented your card, you can freely travel with the Dutch Public Transport. You sign the agreement with TripKey by registering a valid payment method (credit card). TripKey bills the costs of your trips to your account after you have made them (post payment). To travel in public transport TripKey uses the OV-chipkaart. The attached special conditions of Translink, the publisher of the OV-chipkaart in the Netherlands, apply. RC BKA, a company licensed by Translink, provides you with TripKey.

Article 1. Application Terms of Use
By accepting these Terms of Use you enter a Rental Agreement with TripKey to which these Terms of Use apply. The Terms of Use ensure that you are aware of the rights and obligations associated with the acceptance and use of a Business OV-Chip card, and the processing of personal data in particular.

Article 2. Explanation of terms

  • User: this is you, the person who has signed a Terms of Use for the Rent of the Card with us.
  • Rental Agreement: the agreement between you and us is concluded by acceptance of these Terms of Use, based on which you rent one or more cards, for one or more rent Periods.
  • Terms of Use: these conditions, regardless of the form in which they are expressed.
  • Card: The OV-chipkaart (business type), recognizable as Tripkey or powered by TripKey, provided at your request.
  • Rent period: the period in which you rent a card, the rent period starts when you get the card at a Pick up point and ends when you return the Card at a Drop off Point (or 24 hours after you report the card stolen or lost at the Service Desk) or received at our head office after you’ve posted it back
  • Service providers: Organisations that accept the Card as payment for the supply of their products and services.
  • Mobility Services: the services of mobility providers.
  • Privacy policy: 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 of Use.
  • RC BKA: the private company RC BKA, located in Amersfoort and registered in the 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.
  • Service desk: also referred as Customer Service (digital) service or web portal or mobile app, where you can perform one or more activities as mentioned in Article 6.2.
  • Service fee or reservation fee: the rate Tripkey charges you for renting the Card or reservation
  • TransLink: the private company Trans Link Systems BV. established in Amersfoort Stationsplein 151-157, a processor of personal and transaction data and manufacturer, issuer and owner of the OV-Chipkaart.
  • Transaction: each action registered with a Card.
  • Tripkey: Tripkey BV, a private company with limited liability, registered office in Amersfoort, Utrechtseweg 9 registered in the Commercial Register under number 64820432, also indicated in this agreement as “we” or “us”.
  • Pick up/Drop off point: a physical location where you can pick up and drop off your Tripkey.
  • Business OV Chipkaart: an anonymous public transport chip card manufactured by Translink that different users can use.

Article 3. Duration and Termination of the Terms of Use

3.1. The Rental agreement is concluded directly after our payment provider (www.Mollie.com) accepts your payment details.
3.2. The Rental Agreement is for an indefinite period. You can terminate the Rental Agreement at any time without prior notice, provided that you return the Card (or report it lost or stolen specify).
3.3. A month before the expiry of the validity date of your payment method (credit card) we will terminate the Rental Agreement. You will be notified in time.
3.4. When the Card is abused we may also terminate the Rental Agreement.
3.5. If we terminate the Rental Agreement, we block the card immediately.
3.6. You will get a tripreport and we will charge your creditcard for the costs you made and you will receive an invoice.

Article 4. General obligations of the Customer

4.1. You are responsible for the Card you rent. You need to treat the card with proper care.
4.2. You are responsible and liable for all use of the Card and the related transactions effected during the Rent Period.
4.3. You may get additional instructions on the (safe) use of cards. These instructions must be followed.
4.4. You must inform the service desk with changes in contact information, such as email address and phone number, that we need to provide the service as specified in the Terms of Use.

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 Service desk;
c) sending specific messages, information and / or requests to you.

5.3. For proper execution of the Rental 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 Rental 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 (including the Privacy Policy) by these Terms of Use.

Our Activities Article

6. Our general obligations

6.1. Our activities include:

  • to issue Cards (s) to you and collecting Cards (s) from you at a Pick up/Drop off point;
  • To record and process all Card transactions that you initiate with Service Providers;
  • timely reporting, invoicing and revenue collection of your use during the Rent Period.

6.2. Through the Service desk and / or Portal you can ask us to perform actions, including:

  • reporting stolen, missing or defective Cards;
  • review Transactions or Invoices;
  • challenge Transactions;
  • filing a complaint or comment;
  • Change your contact information.
  • request or change a password

Card usage

Article 7. Privacy Policy under the Terms of Use
7.1. To Rent one or more Card (s), you provide your personal information. Before we provide you the Card you must approve our Privacy Policy for the issuance of the Card.

Article 8. Validity and termination Card (s)
8.1. The Card can be used during the Rent Period. You can extend the agreed Rent Period through the portal, Service desk or Pick up Point. If you fail to extend the Rent Period on time, we will charge you the extra costs as mentioned in the portal/on the website.
8.2. When you report a Card as lost or stolen we will block the Card for security reasons. A replacement Card is available to you at a Pick up Point. We will charge you the extra costs as mentioned in the portal/on the website.
8.3 The Card can be used until the expiry date shown on the Card. You can exchange the expired Card at the Pick up Point.

Operation and use Article

9. Card for Mobility Services

9.1. The card is suitable for (Mobility) services, including travel by public transport.
9.2. We are not a party to the legal relationship between the User and Service Providers, on use, supply and / or decrease in Mobility Services and / or products and we take no responsibility therein. A Mobility Provider (including transporters referred to in Article 8: 100 of the Civil Code and as defined in the Act 2000) can impose conditions such as general travel and / or transport conditions, to the use and supply of (Mobility) services.
9.3. Supplementary to Article 9.2, the Service Provider conditions may include penalties and / or additional charges. If the Service Provider charges us with these, you must pay these costs.

Article 10. Credit Card

10.1. When you use the card at a Service Provider, you agree to the costs associated with that transaction. Acceptance of the payment means that the Service Provider shall charge the related costs.
10.2. We charge you the cost of all transactions during the Rent Period charged.
10.3. 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.
10.4. We are not liable if you cannot use the full functionality of the card.

Article 11.
Loss, theft and abuse You must immediately report Loss, theft or (suspected) abuse of the card in writing (via email) to the Service desk and, in cases of theft or loss, to report to the police.

Article 12. Blocking Card (s)

12.1. We can block Card (s), and the use and access of Mobility Services, if there is (or seems to be) one of the following situations:

a) payment commitment not (timely) made;
b) We suspect that fraudulent activities are carried out with the Card (s) and / or payment means (such as credit card);
c) the Card (s) are used in violation of the nature which they are intended.

12.2. We will block Card (s) at your request of when the card is stolen, lost or missing.

Article 13. Specific Card conditions

You are responsible and liable for the use of the Card. To the Card, the following rules of conduct apply:

  • By taking a card and the acceptance of the Privacy Policy into use, you consent to the recording and processing of the Card and the services transactions and access to them by TripKey.
  • Only you may use the card.
  • It is not allowed to use the card or the value stored on the Card for purposes other than the payment of services of connected Service providers.
  • The Card remains the property of TransLink at all times; transfer and rent of the Card to a third party is not allowed.
  • It is not allowed to put balance on the card. If this happens you will not receive it back.
  • You must have the Card blocked immediately if:
    • the card has been stolen or the User suspects that it is stolen;
    • you lose the Card;
    • You do not get the Card back after use, for example because it is swallowed by a machine;
    • you notice that one or more transactions with the Card have been carried out which you do not recognize;
    • you doubt the security of the Card for any other reason
  • If you recover or find back the card after it has been blocked, you must return the card to us.
  • It is prohibited to damage the card, modify or otherwise use, other than those for which the card is intended.
  • You may not counterfeit, modify, and / or copy the card. You will indemnify us and third parties for any damages caused by counterfeiting, modify and / or copy of the card.
  • if you breach these terms of use, or do not fulfil the conditions of the terms of use of the Mobility Provider, and, despite warning, still not yet meet those conditions, we may remember your usage data.
  • You may not in any way infringe intellectual property rights, including by adjusting the unauthorized use, modify, circumvent, or otherwise interfere with the functioning of the posted application (s), Software, the Card security.

Financial Terms

Article 14. Payments

14.1. You are obliged to pay all Transactions executed with the card as well as the Reservation fee
14.2. The reservation fees as mentioned in the portal/on the website are non-refundable
14.3. after the Rent Period or weekly if there is a longer Rental Period, Tripkey will report, charge and collect all your Transactions and Rental Fees, from your chosen payment method.
14.4. If a Rent period is longer than seven days Tripkey will report, charge and collect all your Transactions and Service Fees on a weekly basis.

Article 15. To contest charges

15.1. If you do not agree with transactions or fees on your billing statement you can dispute these. You should do this as soon as possible after you receive the payment summary. You cannot dispute a transaction on the grounds that a Mobility Provider or Carrier has failed its obligations, for example, by delays. You cannot dispute a TripKey transaction on the grounds that a user has forgotten to check-out, or if the card is lost or stolen, or that there has been an abuse of the Card.
15.2. Once we have received the disputed sum from the Service Provider, Translink or Carrier, we deduct this from your bill.

Other provisions

Article 16. Liability

16.1. In no case, your and our liability extends to either Trading Loss or Consequential damages.
16.2. We are not liable for damages (on any basis): a related to Mobility Services that you pay with the Card; whether be as a result of blocking or intake of the card;
16.3. If we are liable, we will reimburse the damage as soon as possible.

Article 17. Service desk

For questions and / or information on these conditions, you can reach by phone the Service Desk on 088-9343446, send an email to servicedesk@tripkey.nl or you can send a letter to TripKey, PO Box 694, 3800 AR Amersfoort.

Article 18. Modification of these terms

18.1. We are authorized to independently modify these conditions, with the result that you are bound by the amended version. In any case of changes, we will exercise a high degree of care and try to prevent that you will be disadvantaged.
18.2. On proposed changes to these conditions we will inform you in due time, in writing or by email. An amendment shall enter into force thirty (30) days after you have been notified of the amended version of these terms, including of the version number and date of that version.

Article 19. Other provisions

19.1. Our communication is in Dutch and English. We communicate in writing, by email or telephone.
19.2. We may transfer the Terms of Use to a third party if we meet the conditions set by the law.
19.3. These Terms of Use are governed by Dutch law. For further information and contact details please visit www.tripkey.nl