Bicycle rental general terms and conditions ??
1 – Object
1.1 These general terms and conditions lead the rental of a bicycle, concluded between the company BEACH BIKES SARL, hereinafter referred to as « the rental company » and the subscriber of the rental contract, hereinafter after named « the renter » (the renter is the person that subscribes the Rental Agreement).
1.2 Any rental implies the prior acceptance of the following terms and conditions.
1.3 The customer acknowledges having read these general terms and conditions and expressly fully agree to the terms of the contract without reservation.
1.4 The customer has the option to save or edit these terms and conditions, it being specified that these may be subject to change.
In this case, the general terms and conditions applicable will be those in force:
-in case of reservation: when the renter makes his reservation,
-in case of immediate availability of the equipment: on the date fixed in the rental contract.
1.5 The renter declares to have the full legal capacity that allows him to commit to this contract.
2 – Requirements / Necessary conditions for renting a bicycle
2.1 The rental company reserves the right to submit the rental of a bicycle upon the presentation of a identity card proving the renter’s identity, and a copy of it may be kept.
2.2 The renter declares himself to be able to ride a bicycle and to have no medical contraindications. He agrees not to use the bicycle beyond his abilities. The renter can not be liable for any damages due to the renter’s unfitness.
3 – Reservation / Booking
3.1 The rental company will confirm to the renter the acceptance of his reservation by sending a confirmation message to the e-mail address that he has communicated during the reservation. The rental agreement will only be concluded from the sending of the said order confirmation.
3.2 The rental company reserves the right to refuse or cancel any reservation:
-anyone who does not meet the requirements to rent a bicycle,
-to anyone unable to pay the security deposit referred to in the provisions of article 11 hereof, -in the event of unavailability of the requested equipment.
3.3 The details indicated by the renter, when entering the informations inherent to his booking commits him. The rental company can not be liable for any errors committed by the customer during the entering of the informations and their consequences, including delays in delivery or the impossibility of delivery that these errors could cause.
4 – Retraction
4.1 In case of distance selling, the customer has a period of 14 days from receipt of the email confirmation of the reservation, to exercise his right of withdrawal.
4.2 This right of withdrawal can no longer be exercised if the customer has taken possession of the equipment.
4.3 Any request for retraction must be notified to the renter directly by e-mail ([email protected]) or to the following address:
15 Venelle d’Espérance,
17410 Saint Martin de Ré
4.4 The refund will be made within a maximum period of 14 days from receipt of the request for withdrawal.
5 – Cancellation and modification
5.1 The renter has the right to cancel his reservation, outside the statutory time limit of withdrawal, under the following conditions:
- Up to 15 days before the planned possession of the equipment: the price paid during the booking is fully refunded;
- Between 7 and 15 days before the planned possession of the equipment: the price paid during the booking is refunded up to 50%;
- Between 3 and 7 days before the planned possession of the equipment: the price paid when booking is refunded up to 25%;
- Less than 3 days before the planned possession of the equipment: the price paid during the reservation is fully retained by the renter.
5.2 The refund will be made within a maximum period of 14 days from receipt of the cancellation request.
5.3 The renter has the right to modify his reservation, free of charge, provided he informs the renter at least 48 hours before the beginning of the rental day. The renter recognizes in this regard that new rental prices may be apply and add depending on the date, duration and material chosen.
6 – Establisment and duration of the contract
6.1 The bicycle rental agreement takes effect when the equipment is provided to the renter, after full payment.
6.2 Risks are transferred when the bicycle or any accessories is provided to the renter, who will assume custody of the equipments under his full responsibility.
6.3 The hiring and custody of the equipment ends when the renter returns all the equipments rented.
7 – Rental company eviction
7.1 The rented equipment remains the exclusive property of the renter.
7.2 The equipment can not be assigned, sold or given as a guarantee.
7.3 The customer undertakes, in a general way, not to consent to the material for any benefit to anyone, which may affect its enjoyment or to limit the availability or full ownership of the rental company.
8 – Lease and sublease
8.1 The bicycle and any accessories may only be used by the contracting person and signatory of the contract, who undertakes not to lend them.
8.2 The subleasing and subrenting of the material is strictly prohibited.
9 – Prices and payment
9.1 Rental prices are available and posted at the reception desk and on the website www.jerodel.com. They are determined based on the range of the equipment rented and the rental period chosen.
9.2 The whole service is paid by the renter under the following conditions:
- in case of immediate availability of the equipment: when the rental contract / bicycle agreement is concluded between both parts,
- in case of reservation: when the renter book the reservation.
9.3 The methods of payment accepted are: cheque, debit and credit card and cash.
10 – Security deposit
10.1 In any case, when signing the contract, a deposit may be made by electronic imprint of the renter’s credit card or other kind of deposit. The amount of the deposit is not cashed on that date. It will be cashed only in case of breach or failure of an obligation of these terms and conditions of rental discovered during the return of the rented equipment. The security deposit will be released at the end of your Rental Agreement in the absence of additional costs.
10.2 It is expressly agreed that the amount of the deposit is in no way a limit of responsibility.
11 – Bicycle availability
11.1 In case unavailable bicycles, the rental company reserves the right to refuse any rental request.
11.2 The rental company can not be held responsible for any delays in making the goods available for any reason beyond his control or for their direct or indirect consequences. He is not liable for any compensation in this respect.
11.3 The renter acknowledges having been personally asked to check the equipment when he picks up the bicycles or any accessories. Any hesitation on the condition of the equipment must be indicated on the contract when it is signed. In the absence of any indications, the bicycle and any accessories entrusted to the renter, are considered to be in perfect working order and maintenance.
12 – Conditions of use
12.1 The renter is required to wear a dress code adapted to the practice of cycling. The helmet is highly recommended by the rental company and is mandatory for children under 12 years. The rental company declines any responsibility in case of non use of the security elements.
12.2 The renter is allowed to use the bicycle freely, provided that he makes reasonable use and in accordance with the use of a bicycle, which excludes:
- its use on grounds or in conditions likely to damage the bicycle (its in particular forbidden to use the bicycle on the beaches),
- any use that may endanger the user or third parties,
- any disassembly or any attempt to disassemble all or part of the bike.
12.3 The renter does not use the bike for competitions or tests, even on a private circuit. 12.4 The renter agrees to use the rented bicycles and accessories with caution.
12.5 The renter agrees to scrupulously respect the Highway Code. He expressly refrains from using the bicycle under the influence of alcohol or drugs, or for illicit purposes.
12.6 In general, the renter agrees to follow and respect the entirety of the legal and regulatory obligations in force.
12.7 It is forbidden for the renter:
- to modify the bicycle and its accessories and / or carry out repairs,
- to transport a passenger, except a young child, provided that it is installed in a baby seat authorized.
12.8 When parking the equipment on public roads, the renter agrees to systematically attach the frame of his bike to a fixed support (barrier type), with a lock.
13 – Maintenance
13.1 Expenses related to normal wear and tear are the responsibility of the rental company.
13.2 Bicycle maintenance is the responsibility of the renter for the duration of the contract. Maintenance means any intervention that does not require the replacement of a part (ex: inflation of tires, tightening of screws etc.)
14 – Repairs
14.1 In case of need of repair during the rent, the tenant must imperatively:
- stop using the equipment immediately,
- immediately inform the rental company (and, in any case, within a maximum of 24 hours),
- do not carry out repairs yourself on the bike,
- do not carry out repairs by a third party,
- pay the parts and labor needed for the repair (excluding repairs related to normal wear and tear).
14.2 The customer acknowledges having read the prices of spare parts and services invoiced, displayed in the bike rental shop. The prices applied are those in effect when the repairs are made.
14.3 Only the rental company is able to judge if a repair:
– comes under the maintenance due to the normal wear of the bicycle and is therefore the responsibility of the rental company,
– or if the repair is due to damage to the equipment during the rental period and is therefore
the renter’s charge.
14.4 The renter can not claim damages for disturbance or for immobilization of the bicycle in case of repair.
15 – Restitution of the bicycle (return)
15.1 The bicycle must be returned by the renter at the same rental point, at the contractual expiry date. If the renter wishes to extend the lease, a new contract must be established in the agency. Any late refund will be charged (half-day rate X number of half-days late).
15.2 The renter undertakes to return the equipment (bicycle and any accessories) in a state identical to that in which he found it, in a good state of maintenance and functioning. In the event of return of the equipment in bad state, the renter will have to pay the amount of the restoration. For security reasons, the renter agrees to report to the rental company any shocks that could damage the helmets.
16 – Cancellation
16.1 In the event of non-compliance by one of the parties of its contractual obligations, the other party is entitled to terminate the rental contract at any time without notice or compensation.
16.2 The renter must immediately return the bicycle and any accessories to the rental company, in good state of maintenance and functioning.
16.3 Until restitution, the customer remains responsible for the material he has in his possession and remains responsible for the obligations incumbent on him in application of the present.
17 – Responsabilities
17.1 The renter bears the consequences of the infringements of the highway code or any other regulation in force which are attributable to him and will reimburse to the rental company any expenses of this nature possibly paid in his place and place.
17.2 The renter is responsible for the damage suffered by the equipment and / or the bodily or material damage caused when using the rented equipment in his care, as a result of his clumsiness, negligence, fault or improper use.
17.3 In the event of theft, a statement to the police or gendarmerie must be made by the renter within 24 hours and the rental company must be notified immediately. If the renter justifies a complaint, the rental company will issue an invoice, equal to the value of a new bike with the same technical characteristics, in the name of the rental company, so that he uses his own insurances. The amount will be returned to the renter if the bike is found in good working order, less any repairs. If the renter does not justify filing a complaint, the payment equal to the value of a new bike with the same technical characteristics will be due immediately. Otherwise, the rental company reserves the right to initiate any legal proceedings, in particular to obtain payment.
17.4 In case of theft by the renter, the rental company reserves the right to lodge a formal complaint to the competent authorities and to take any legal action against the renter, in order to obtain compensation for his loss.
17.5 The rental company is obliged to guarantee the latent defects of the rented equipment.
18 – Insurance
18.1 The renter declares to have subscript an individual liability insurance and undertakes to present a certificate if requested.
18.2 This insurance may be engaged in case of theft, loss, damage and for the full damage that the renter may cause during the use and possession of the bicycle, until the return of the bicycle at the rental point.
18.3 The rental company is insured for his professional civil liability with the insurance company, GAN ASSURANCES, Agence ILE DE RE, Rue de l’HORTIE, 17670 LA COUARDE SUR MER. Upon request, a certificate of insurance will be given to the renter.
19 – Dispute resolution
19.1 This rental agreement (special provisions and general provisions) is subject to French law.
19.2 After an amicable attempt settlement with the rental company who would have failed, the renter has the right to make free use of the MEDICYS Mediator service.
Postal address: 73, Boulevard de Clichy 75009 PARIS. Phone number: 01 49 70 15 93
19.3 If the renter has rented the equipment as a merchant, disputes between the renter and the rental company will be subject to the jurisdiction of the Commercial Court of Bordeaux.
20 – Personal data protection
20.1 The BEACH BIKES company collects the data of its customers with the objective of the creation of their account, the management and the follow-up of the relation, as well as the realization of the service.
20.2 Customers have the right to access, rectify and oppose the data concerning them, which can be exercised by writing to BEACH BIKES at the following address:
15 Venelle d’Espérance,
17410 Saint Martin de Ré.
And attaching a copy of a proof of his identity.
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