TripKey Terms & Conditions

General Purpose of this Agreement

TripKey provides you easy access to mobility and tourist services in the Netherlands, such as public transport, OV-fiets (public bicycle) and Destinations, for a specified rental period, through the use of the “OV-chipkaart” travel card. After registering an account on the TripKey portal and providing your credit card, you may make a reservation for one or more travel cards, which can be collected at a Pick up Point. 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 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 or e-tickets, 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 addition to the TripKey Terms & Conditions, the terms and conditions of the Destinations Service Provider shall apply between you and the Destinations Service Provider. These terms and conditions can be obtained from the Destinations Service Provider.

1.3 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, the Card, and the barcode on 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 Point: 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 Point and ending at the moment you return the Card(s) at a Drop off Point, 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 registering your e-mail and password, ordering your Card (s) and viewing 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.

Destinations: participating tourist location, which you can visit, with the barcode on the Card.

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.

Rental Costs: the costs for the rental of the Card(s).

Transaction: every registered action carried out with a Card or barcode applied to 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.

 

Article 3. Duration and Termination of the Agreement

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 at the time for at least three months after the Agreement is concluded. 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 Card(s) and the use of the Portal 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

General obligations

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 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 or your registration, user account or password.

TripKey Card

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 Point when you or any other user no longer needs the Card(s). 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, these Cards will be registered as lost or stolen and the deposit will not be refunded.

Card and access to destinations 

4.8 You are required to show the Card and to have the barcode applied to the Card scanned when you visit a Destination. The conditions of the Destination apply and can be found on the website of the relevant Destination.

 

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.

5.3 For proper execution of the Agreement, we may use third parties, including software vendors and call centers. 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.

 

Our activities

Article 6. Our general obligations 

6.1 Our activities include:

a) issuing one or more Cards for you to collect at a Pick up Point and collecting Cards you return at a Drop off Point;

b) daily recording and processing all Card Transactions that you and any other Card user initiate(s) with Service Providers and Destinations;

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.

 

Card usage

Article 7. Privacy Policy under the Terms & Conditions

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, the Customer Service or at a Pick up Point. If you fail to extend the Rental Period on time, we reserve the right to block the Card(s) and we will charge you 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 charge you the deposit. A replacement Card is available to you at a Pick up Point.

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 Point.

 

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 Point, 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 Point.

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, if there is (or seems to be) one of the following situations:

a) a payment commitment is not (timely) made;

b) suspected fraudulent activity with the Card(s) or payment methods;

c) improper use of the Card(s);

d) 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.

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

12.1 By using the Card(s) and accepting the Privacy Policy, you consent to the recording and processing of the Card(s) and the services Transactions, and access to these Transactions by TripKey.

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. Card use for Destinations

13.1 TripKey acts solely as an agent for the seller (participating Destination) and is not a counterpart to the buyer.

13.2 The use of the Card + the Barcode applied on the Card for destination access is strictly personal and non-transferable. Only one Card + corresponding barcode can be used per person.

13.3 The Card, which is provided with a barcode, gives the Cardholder the right to access Destination during regular opening hours as stated on the Destination website.

13.4 Access to Destination is only granted on presentation of the original Card + barcode applied to the card. The Cardholder who is in possession of a valid Card but cannot show it - for whatever reason - is not entitled to access. Copies or (digital) images of the Card + barcode are not accepted.

13.5 When the Card with the applied barcode is used at a Destination, you agree to the costs associated with that Transaction. Consent to the payment means that you will be charged for the relevant costs.

13.6 Prior to a Destination visit, the Cardholder must ascertain whether the Card applies to the concerned Destination.

13.7 In the event of a defective Card or barcode applied on the Card, the cardholder is entitled to a replacement card. The replacement Card can be collected at a Pick-up point as communicated on the website of the Card Provider. The defective Card must then be returned immediately.

13.8 The Destination may charge the Cardholder a surcharge on the admission fee for destination visits during regular opening times during a period with a special, temporary exhibition. This surcharge must be paid directly at the cash desk of the Destination.

13.9 The Cardholder knows and understands that a Destination, in addition to the Terms of Use applicable to the Card, may use its own Regulations that must be observed by visitors.

13.10 The Cardholder undertakes to use the barcode on the card exclusively for the - personal - purpose for which it is intended. It is not permitted to let third parties use the barcode, to make copies of it, to offer it for sale or to otherwise exploit or misuse it. In the event of improper behavior on the part of a Cardholder, a Destination has the right to refuse access to the Cardholder. The card will be blocked.

13.11 In case of doubt about the validity of the barcode, the card or the identity of the Cardholder, the Destination may refuse the Cardholder access.

13.12 TripKey is not liable for any damage caused by deviating entrance fees or opening hours of a Destination, or by misuse or improper conduct by the Cardholder.

13.13 We do not guarantee that the Card can always be used without hindrance. After all, the operation depends on many external factors, including Destination and the operation of computer or telecom systems from us or third parties.

13.14 TripKey is not liable if the barcode on the Card cannot be used, cannot be used timely or completely. In this case you should contact a Pick-up Point or customer service, after which a replacement card will be issued.

 

Financial terms

Article 14. Payments

14.1 You are obliged to pay all Transactions made with the Card (s) and the barcode applied to the Card in time.

14.2 Directly after reservation we charge you the Reservation Costs. The Reservation Costs cannot be refunded under any circumstances.

14.3 After collecting the Card(s) at a Pick up Point we charge you the Rental Costs and the deposit. You need to collect the Card(s) no later than one day after the chosen pick up date, or your reservation will be annulled. The Reservation Costs will not be refunded.

14.4 TripKey will report your Transactions on a regular basis and charge your credit card for all your Transactions and Rental Costs.

 

Article 15. Contesting charges

15.1 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.

15.2 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.

Other provisions

Article 16. Liability

16.1 Your liability and our liability does not extend to either trading loss or consequential damages.

16.2 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 17. 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 servicedesk@tripkey.nl or you can send a letter to TripKey BV, Postbus 694, 3800 AR  Amersfoort, Netherlands

 

Article 18. Other provisions

18.1 Our communication is in Dutch and English. We communicate by email or telephone.

18.2 We may transfer these Terms & Conditions to a third party if we meet the conditions set by the law.

18.3 These Terms & Conditions are governed by Dutch law.

18.4 For further information and contact details please visit www.tripkey.nl


 

Tuesday, August 11, 2020