In the following general conditions the following terms shall have the following meanings:
Switchcase: The company registered in the trade register of the Chamber of Commerce under number 84183365 0000, located in Utrecht (3561 GE) at Aidadreef 113;
Hirer: Any natural or legal person with whom Switchcase concludes an agreement;
Lease: The agreement between Switchcase and the hirer;
General Terms and Conditions: these general terms and conditions which apply to any agreement entered into by Switchcase;
Case: the case selected by the hirer;
Repair costs: the amount necessary to restore the case to its original condition, this amount being not less than € 20 (in words: twenty Euros) and not more than the new value of the case.
1. Applicability
1.1. On all agreements concluded with Switchcase, as well as on all (legal) acts performed, these general conditions apply, unless parties expressly agree otherwise in writing.
1.2. Deviations from or additions to these General Conditions shall only apply if agreed in writing.
1.3. If these general terms and conditions contain any stipulations that deviate from the agreement, the agreement shall prevail.
1.4. If one or more of the provisions in these general terms and conditions should be invalid, this shall not affect the validity of the remaining provisions. In that case, the parties shall replace the invalid provision in proper consultation with a view to ensuring that the new provision reflects the purport of the invalid provision as far as possible.
1.5. Switchcase has the right to change or amend the general conditions. The other party declares in advance to agree to any changes or additions. The amendments enter into force at a time to be announced by Switchcase or as soon as the amendments are communicated to the other party.
2. The concluding of the agreement
2.1. For the duration of the agreement, the hirer gets the disposal of the chosen case in the sense that there is a rental agreement according to title 4, section 1 to 4 of book 7 of the Civil Code.
2.2. The agreement is only concluded after written confirmation by Switchcase.
2.3. The hirer obtains no rights over the case other than the rent.2.4. The hirer agrees with Switchcase that the service will begin before the end of the cooling-off period. The hirer also expressly waives his right of withdrawal.
2.5. The hirer reserves, notwithstanding the provisions of the previous clause, the right to terminate the agreement without giving any reason up to three days before delivery of the case. Such notice may be given by e-mail, to the e-mail address: info@switchcase.online, or by Whatsapp on the number +31 612427425.
3. Start and end of the agreement
3.1. The hirer rents the chosen case for the period agreed and paid when entering into the agreement, also called the rental period. This rental period is minimum three days and maximum thirty days. After the conclusion of the agreement Switchcase will inform the hirer in writing when the case will be delivered.
3.2. A longer rental period than thirty days can be agreed on request.
3.3. Although the specified delivery periods will be respected as much as possible by Switchcase, these are only approximations and are not binding on Switchcase. Unless otherwise agreed in writing, the specified delivery period shall never be regarded as a deadline.
3.4. The agreement shall commence on the first day of the rental period indicated by the hirer. The agreement shall end, without notice of termination being required, when the rental period has expired.
3.5. The hirer shall ensure that on the last day of the rental period he hands over the rented to Switchcase or a carrier engaged by Switchcase. If the hirer is not present at the agreed time and place, Switchcase will charge € 20, – (in words: twenty Euros) as an expense.
3.6. If the hirer wants to extend the rental period, it must be notified in time, but no later than twenty-four hours before the agreed pickup time. Such a notification can be made via email, to the email address: info@switchcase.online, or via Whatsapp on the number +31 612427425.
3.7. The hirer shall ensure that the suitcase can be collected empty. The hirer must have removed all personal belongings from the suitcase before collection.
4. The rental price
4.1. The hirer pays the hire price at the conclusion of the agreement.
4.2. The rent is paid via iDeal, Credit Card, SEPA, Bancontact, Google Pay or Sofort. Any other method of payment is excluded.
4.3. If the hirer returns the case before the end of the rental period, the rental price will not change. In that case the hirer has no right to a refund.
4.4. If the hirer does not return the case in time, that is, on the last day of the rental period, the hirer shall owe Switchcase the rental price pro rata per day for each day that the case is kept longer, including a penalty of 20% of the daily rental price.
4.5. If the rental period is exceeded by more than twenty-four days, the rented object shall be deemed to have been destroyed. In that event, the hirer is obliged to compensate the replacement value of the rented to Switchcase.
5. During the agreement
5.1. The hirer shall at the time of the agreement behave as a good hirer.
5.2. The case is exclusively intended for use by the hirer. It is not allowed to lend or hire out the case. If this prohibition is violated, the hirer shall owe Switchcase a penalty of € 500 (in words: five hundred Euros).
5.3. The case remains at all times the property of Switchcase. The hirer acquires no rights over the case other than the agreed rent.
5.4. The hirer may not make any changes to the case. If this prohibition is violated, the hirer shall owe Switchcase compensation equal to the repair costs of the case.
5.5. Damage to the case must be reported to Switchcase within 24 hours. If this damage is caused other than by normal use of the case, the hirer shall owe Switchcase compensation equal to the cost of repair of the case.
5.6. Loss or theft is reported within 24 hours to Switchcase. If the case is lost or stolen at the end of the rental period, the hirer shall pay compensation for the cost of repair of the case.
5.7. If the hirer takes the case into use, this shall be regarded as proof that it is functioning properly and does not show any defects or damage. Use of the case by the hirer is at the risk of the hirer. The hirer is also responsible for reporting any defects or damage in time, but no later than twelve hours.
5.8. If the hirer does not inform Switchcase on time about the above defects, Switchcase assumes that the defects are caused by the use of the hirer.
6. Force majeure
6.1. If Switchcase can not, not on time or not properly comply with the agreement due to a cause beyond its control, both in the company of Switchcase and third parties engaged by it, the obligation to comply with the agreement will be suspended until Switchcase is still able to comply with the agreement, without the hirer can claim performance and / or compensation.
7. Personal data
7.1. All personal data of the hirer shall be processed in accordance with the General Data Protection Regulation.
8. Complaints
8.1. If the hirer has any complaints, the hirer can contact us via e-mail, to the e-mail address: info@switchcase.online. The complaint of the hirer will be handled with care.
9. Applicable law and choice of forum
9.1. Dutch law applies to these agreements. The district judge of the Amsterdam District Court is authorised to take note of disputes arising from the agreement.
The moment you clicked on the pay button, you give permission for the agreement to start before the statutory cooling-off period of 14 days has expired. You do this so that we can serve you as quickly as possible. You also waive your statutory right of withdrawal. We apply a withdrawal period of three days for delivery of your case.