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GENERAL CONDITIONS OF SALE
RENTAL OF ELECTRICALLY ASSISTED BICYCLES
The present contract aims to define the conditions of organization and responsibilities of the rental of electrically assisted mountain bikes, between the organizer (The renter) and the Customer. The present contract is only valid for the duration of the planned service. The customer expressly declares to have read the present contract in its entirety.
Article 1 - Purpose of the contract :
The rental of an Electrically Assisted Mountain Bike (hereinafter referred to as EABT) with the basic equipment provided by the company Gwenavelo, hereinafter referred to as "the Renter". The VTTAE, its accessories and its basic equipment rented under the terms of the present document, taken alone or collectively, are referred to as "rented goods".
Article 2- Basic equipment of the bicycle :
Each rented VTTAE is equipped with: front and rear lights, two reflectors, battery and a key specific to the bicycle for removing the Battery and switching it on, assistance control terminal, stand, bell. In addition to these elements specific to the bike, the renter provides a helmet, gloves, a reflective safety vest, an anti-theft device, a repair kit (pump, anti-puncture spray, inner tube).
Article 3- Payments and prices of the services:
The prices mentioned are expressed per person and in Euros. They are available on the website of the renter gwenavelo.com. Prices are subject to change without notice. The rental is always payable in advance. Any rental made is not refunded. Any day started is due in full. No refunds will be given for bad weather or early return.
The rental company Gwenavelo accepts payments in cash, check and credit card.
Article 4 - Taking effect, provision and recovery
The presentation of an identity document is a compulsory condition to contract the rental.
The equipment is made available by the hirer at the specified location. Only the return of the equipment in its entirety ends the rental. The return of the equipment to a different place than the one specified in the contract can only be done with the express agreement of the lessor. In this case, all expenses incurred by the latter to return the equipment to the contractual place will be charged to the Client.
Any extension of the duration of the service shall not be made without the express consent of the Organizer or the signing of new special conditions. In the event of failure to respect the scheduled return time or date and in the absence of the Organizer's express consent, the Client is exposed to the consequences of a complaint for misappropriation and breach of trust and to all measures that will be taken with the public authorities to recover the unreturned material.
The return of the Rented Goods will be done at the contractual deadline being specified that: - for half-day rentals, the Rented Goods must be returned before 12:30 p.m. or before 9:00 p.m., depending on whether the half-day is morning or afternoon. - for full day rentals, the Rented Goods must be returned before 9pm. Any late return will result in the application of a fixed penalty equal to the rate of one day's rental per half-day or day of delay.
The risks will be transferred to the Client at the time of the delivery of the equipment and its accessories, the Client will assume custody of it under his entire responsibility. Any use of the equipment by a participant not designated by the rental agreement will automatically result in the responsibility of the Client. Any loan or subletting of the equipment is strictly forbidden. In no event shall the Hirer be held responsible, even partially, for any violation of any law or regulation of any kind committed by a designated or non-designated participant. The Client hereby discharges the Organizer and its insurance company from liability and declares itself jointly and severally liable with the participants who have custody of the equipment in this case.
In addition to the cases where the Client could be held responsible for any damage resulting directly or indirectly from the use or custody of the material, and in all cases where the material is used by non-designated participants, the Client undertakes, among others
-To take cognizance of the "Gwenavelo charter of good conduct" and to refer to it for the use of the equipment used, as well as to ensure that it is respected by all the participants mentioned above in the general conditions.
-To assign the bikes exclusively to the participants named on the contract.
-In the event that some of the participants are minors, to hold the authorization of their legal guardians for their participation in the use of the equipment and to jointly and severally compensate, in the sense of article 1384 of the Civil Code, for any damage caused by the latter
-To be the guarantor of the respect of a maximum speed of 25 km/h by the above-mentioned participants for the electric bicycles in order not to be in violation with the Decree 2009-911 of July 27, 2009 relating to the conditions of sale, transfer and hiring of certain motorized machines;
-To be the guarantor of the respect by the participants of the Highway Code, of the regulation of access to the forest areas and of any legislative or regulatory provision in force.
- To guarantee that the above-mentioned participants wear closed shoes and the helmet provided;
-To guarantee the use of the equipment by all designated or non-designated participants outside of the traffic lanes for electric bicycles and the crossing of these lanes on foot on the protected crossings;
- The customer declares that all participants named in the contract are fit to ride electric bicycles and have no medical or other contraindications.
- The client will have to provide an up-to-date proof of identity that can be used in the event of a dispute.
- Users must be at least 1.50 m tall.
Article 5- Conditions of use:
The tenant commits himself to use the rented goods. The loan or subletting of the rented goods is strictly forbidden.
The hirer is personally responsible for any infringement of the Highway Code as well as for the physical and material damage he causes during the use of the rented cycle of which he is in charge (Article 1383 and 1384 of the Civil Code).
The turns and descents must be negotiated with the greatest care and the cyclist must remain in control of his speed at all times. The renter is strongly recommended to wear a helmet. The renter acknowledges that the renter has offered him a helmet on loan.
The renter can use the VTTAE on roads, cycle tracks, non-motorized roads but it is forbidden to use it in a bike park or in a sporting competition. The renter is informed at his departure about the autonomy of the battery and remains the only one responsible for its management and consumption of the battery.
The hirer also gives himself the right to invoice the cleaning of the rented bike at the price of 9€/bike.
Article 6- Insurance and Responsibility:
The Hirer declares that he/she holds personal civil liability insurance that guarantees the liability incurred during the use of the rented goods, in particular with regard to the physical, material and immaterial consequences of accidents of any kind caused by him/herself or by the persons in his/her care.
The Client who signs the Contract is fully responsible for the group whose participants are specified in the Service Contract. The Hirer shall not be held responsible for any personal belongings forgotten or lost during the service. Each member of the group is responsible for his or her personal belongings. The Client acknowledges that he is fully responsible for the equipment and its safekeeping from the time it is made available until it is effectively returned. He acknowledges being fully responsible in case of theft or damage caused. Damage to the Rented Goods, theft or loss of the Rented Goods shall be invoiced to the Hirer in accordance with the current rate for parts set out below.
If the equipment subject to the contract cannot be repaired, the entire deposit will be retained.
Each service will be subject to a presentation of the safety rules before departure. Consequently, the Organizer cannot be held responsible for accidents or physical damage during the rental.
Article7- Equipment :
As the VTTAE is under the responsibility of the renter, it is recommended that, prior to the actual use of the VTTAE, he or she should carry out a basic check of its main apparent functional elements.
The customer acknowledges that the bicycle is rented in perfect working order and undertakes to use it with care. In the event of technical anomalies or defects that are not apparent, the lessee is required to notify the lessor within fifteen minutes (15 min.) of departure. Failing this, the bicycle shall be deemed to have been returned in good working order. In the event of technical failure of the bicycle during the rental period, the lessee may not claim any damages from the lessor. A check of the bikes and equipment will also be carried out at the end of the rental period.
In case of need of a repair, the hirer will have to contact the rental company Gwenavelo. Only the hirer is able to judge if a repair is due to normal wear and tear, to a hidden defect and therefore at the hirer's expense or if the repair is due to damage suffered by the equipment during the rental, and therefore at the hirer's expense and to make him/her bear the corresponding amount.
The lessor reserves the right to either deduct the amounts due from the security deposit or to invoice the client at the current parts rate. By express agreement between the parties, the Customer is strictly forbidden to intervene on the equipment in case of breakdown. In the event of disagreement on the amounts of the damages remaining at the charge of the Customer, the Customer will have the possibility within 72 hours of the notification of the sums remaining due, to ask at its expenses for a contradictory expertise carried out by an expert approved by the insurer of the hirer. The expert's report is binding on the Parties.
Article 8- Theft :
During each period of non-use of the bicycle, the Hirer undertakes to systematically attach the bicycle frame and the front wheel to a fixed support (post, barrier, tree, etc.) using the anti-theft device provided.
The Customer is not covered for theft. In this case, the Customer commits himself to file a complaint as soon as possible with the nearest police or gendarmerie and to send a copy of the document to the renter Gwenavelo. In this case, the amount of the stolen equipment will be entirely due to the hirer and will be deducted from his deposit. If the complaint filed for the theft is followed up and the bike is found, Gwenavelo will reimburse the Client, after deduction of the necessary repairs, the period of deprivation of use limited to 30 days and any procedural costs to which it would have agreed.
In the event of theft by the Customer, misappropriation or damage of any kind resulting from non-compliance with the rules of use or regulations in force, or with the terms and conditions of this contract, the Hirer shall be entitled to recourse for the entire loss.
If the client is responsible for an accident, he (the client) or his insurance will have to compensate the lessor for the damage suffered (replacement value of the cycle and commercial damage).
In this case, the deposit remains acquired to the hirer in account and to be used for the compensation of his damage.
Article 9- Property:
The rented goods remain the exclusive property of Gwenavelo during the rental period. The rental operates the transfer of the legal custody of the VTTAE and engages the "civil liability" insurance of the hirer in case of theft and for the totality of the damages that he/she could cause during the use and the possession of this one, and this, until the restitution of the VTTAE at the place of departure of the rental. The accessories delivered with the equipment must not be removed or modified by the Client. The equipment may not be transferred or given as security. The Client undertakes in general not to grant any right, real or otherwise, in respect of the rented equipment to anyone, which may affect its use or limit its availability or the full ownership of the Organizer.
Article 10- Applicable law:
The present General Conditions are subject to French law. In the event of any dispute relating to this contract, the competent court will be that of the registered office of the company of the hirer to which the parties attribute exclusive competence.
Article 11- Deposit:
For all rentals, the Hirer shall pay a deposit of €1500 per rented bicycle, by bank imprint via the Smile and PAY payment terminal. This payment terminal is approved by the group of the bank cards and protected.
This deposit is not cashed during the rental period. The renter authorizes the lessor to deduct from the deposit the sums due for repairing damage and theft, the costs of which are fixed below.
At the time of the return of the good, if all went well, the hirer cancels the bank pre-authorization (deposit).
It is agreed that the amount of the deposit does not constitute a guarantee limit, the lessor retaining, if necessary, the right to sue the lessee to obtain full compensation for his loss. The deposit can in no case be used to cover an extension of the rental.
Tariff of the parts in € including all taxes:
Vttae Nakamura: 1600 €
Vttae Giant: 3500€ (including VAT)
cassette: 30 €
Battery: 700€ (including VAT)
Shifter: 30€ (in French)
Helmet: 35€ (in French)
Engine: 700 € (in French)
Brake disc: 15€ (in French)
Anti-theft device: 40 € (in French)
Fork : 200 € (in French)
Brake caliper : 45 € (french)
Light : 30 € (in french)
Wheel : 150 € (in French)
Pedals: 35 € (in French)
Chain: 30 € (in French)
Display: 120 € (in French)
Tire: 35 € (in French)
Handlebar grip: 15 €
Derailleur: 45€ (in French)
Saddle: 35 €
CHARTER OF GOOD CONDUCT /
RESPONSIBILITY & RESPECT FOR NATURE
Wear a helmet
Respect the rules of the road
Cross the traffic lanes on the protected crossings on foot, bikes or mountain bikes in hand
Do not lend the equipment to a person who is not designated in the contract
Wear closed shoes
Do not drive in a state that does not allow for good reflexes
Keep both hands on the handlebars
Do not turn around while driving
Keep an appropriate distance from the bike or ATV in front
Do not carry another person on the bike
Pay attention to other users of the roads and paths you cross: slow down when approaching pedestrians, pass vehicles or pedestrians with a reasonable distance
Respect the forest areas (for mountain biking):
In June, July, August and September, access to forest areas is regulated by the prefecture. Consult the access map http://bpatp.paca-ate.fr/ or the dedicated voice server of Provence tourisme at 0811201313 to know if you are authorized to access them according to the fire risk.
You are going to visit protected areas in the heart of the Sainte Baume, Grand Caunet or Garlaban massifs.
Please respect the following rules:
Do not smoke or light a fire
Do not make any significant noise
Do not damage the heritage: uproot, take away, introduce animal or plant species...
Do not throw garbage