TERMS AND CONDITIONS OF RENTAL OF ELECTRICALLY ASSISTED BICYCLES
ARTICLE 1 – SCOPE OF APPLICATION
The present terms and conditions of rental (hereafter the “Terms and Conditions of Rental”) apply without restriction or reserve to all rentals from the e.Cycle Solution Service company, a simplified joint stock company with capital of 20,000 euros whose headquarters is located at WTC 2, 120, route des macarons, 06560 VALBONNE, registered at the Commerce and Business Registry of GRASSE under number 801 960 063 (hereafter referred to as “eC2S” or the “Lessor”) to non-professional persons (hereafter the “Customer”), wanting to rent the electrically-assisted bicycles and/or bicycles without electric assistance and/or electric kick boards offered for rental (hereafter referred to as the “EAB”) by eC2S on its web site www.bikool.fr (hereafter referred to as the “Web Site”).
It is specified here that the notion of “Customer” includes the person making the reservation on the Web Site or directly with the Lessor or one of its partners housing a rental point (hereafter referred to as the “Partners”) as well as all users of EAB eventually accompanying him and whose information was provided by him, without the need for this to have been specified.
It is specified here that the notion of “Customer” includes the person making the reservation on the Web Site as well as all users of EAB eventually accompanying him and whose information was provided by him, without the need for this to have been specified.
Furthermore, each EAB contains the basic legally required equipment as well as additional accessories offered to the Customer, such as, notably, helmets, retro-reflective vests and child carriers (hereafter referred to as “Accessories”).
It is expressly indicated that these Terms and Conditions of Rental apply to the exclusion of any other terms and conditions.
These Terms and Conditions of Rental are accessible at any time on the Web Site and shall prevail, if applicable, over any other version or any other document to the contrary.
Unless proven otherwise the information recorded by the Lessor constitutes the proof of all transactions.
Offers for rental from EAB and for Accessories are understood as being limited by the stocks available at each rental location. Indications about the availability of EAB and Accessories are provided at the time of establishment of the rental by the Customer on the Web Site, in real time.
Modifications of these Terms and Conditions of Rental are enforceable against Customers starting from the time that they are uploaded to the Web Site and may not apply to rentals established previously.
Furthermore, it is expressly indicated that validation of the rental by the Customer or payment of the rental by the Customer is deemed as acceptance without reservation of the present Terms and Conditions of Rental.
ARTICLE 2 – RENTAL
It is the responsibility of the Customer to select the EAB(s) that he would like to rent on the Web Site in the following manner:
- Process of validation of the rental: The Customer will have to visit the Web Site, create an account after having completed a form making it possible to identify him (or ask to the Lessor to create an account in his name), and then provide the following details:
- Process of confirmation of the rental: Once all of this information has been provided and before payment, the Customer will see a summary page. He will then have to confirm the rental a second time according to the terms and conditions thusly indicated.
- Payment process: Once the rental has been confirmed, the Customer will then be redirected to a secure Web Site permitting him to pay the amount for the rental by bank card, according to the process detailed in Article 4 of the present Terms and Conditions of Rental. Once payment has been made, the Customer will receive, upon request, an invoice sent to his email address and a purchase order restating the details of his rental (hereafter referred to as the “Purchase Order”) which he will have to present at the rental location to receive the number of EAB(s) requested and, if applicable, the Accessories requested, at the time and date requested, in conformity with the stipulations of Article 6 of the present Terms and Conditions of Rental.
ARTICLE 3 – PRICES
The EAB are provided at the prices in effect appearing on the Web Site at the time of rental by the Customer. The prices are expressed in Euros, Excluding Tax and Including All Taxes. These prices are firm and not revisable during their period of validity, as indicated on the Web Site.
If the Customer returns an EAB more than fifteen (15) minutes late, he will be subject to payment of an additional amount of ten (10) euros per additional half hour and per EAB. Calculation of additional half hours will start upon expiration of the first quarter hour of lateness. Any half hour of lateness thusly calculated and started shall be considered as owed. This amount will then be deducted by virtue of the deduction authorization granted under the security deposit, in conformity with Article 5 of the present Terms and Conditions of Rental, as indemnification for late return of the EAB(s) rented.
ARTICLE 4 – PAYMENT AND BOOKING CANCELLATION CONDITIONS
The price is payable in cash, in totality, on the day of reservation of the rental by the Customer, by means of secured payment.
If the Customer decides to cancel the booking, for whatever reason, more than seven calendar days prior to the initially planned rental start date, the advance payment made for the e-bike(s) and accessories will be fully refunded to the Customer. If the cancellation occurs between seven and three calendar days prior to the initially planned rental start date, 50% of the advance payment made for the e-bike(s) and accessories will be refunded to the Customer; the balance will be retained by the Lessor as compensation. Finally, if the cancellation occurs within less than three calendar days prior to the initially planned rental start date, no refund will be made and the entire rental price will be retained by the Lessor as compensation.
All booking cancellation requests should be submitted by email to "email@example.com", including the purchase order reference number.
ARTICLE 5 – SECURITY DEPOSIT
It is expressly indicated that each rental may result in authorization by the Customer, at the time of payment for the rental, for deduction of a security deposit in the maximum amount of four hundred fifty (450) euros per EAB rented, being specified that beyond three (3) EAB(s) rented by the same Customer, a ceiling of one thousand five hundred (1,500) euros per reservation shall be applied. This security deposit will not be cashed by the Lessor. The authorization for deduction of the security deposit will terminate once the detailed condition report has been completed by the Lessor, after return of the EAB(s) and within a maximum period of seven (7) days, as long as no damage is observed. In the contrary case, the Customer expressly authorizes the Lessor to directly deduct from his bank account, by virtue of the abovementioned authorization of deduction of the security deposit, the amounts eventually owed. It is expressly indicated that the amount of the authorization for deduction of the security deposit does not constitute a ceiling, and the Lessor retains all of its rights to take action against the Customer to obtain full remedy of any harm endured if necessary. To this end the Customer specifically authorizes the Lessor to debit from his bank account the amountnecessary to compensate the Lessor for the full damage in case the full damage would exceed the amount of the cash deposit.
In the event of rejection of the authorisation for deduction of the security deposit, for whatever reason, the booking of the EAB(s) concerned will be considered as not finalized and the EAB(s) may be rented to other customers without any compensation to the Customer.
Any action taken by the Lessor, or one of its Partners, to obtain a security deposit after a first rejection of the authorisation for deduction of the security deposit, may be charged to the Customer for a maximum amount of €20 (incl. tax).
ARTICLE 6 – AVAILABILITY OF THE EAB(S) RENTED AND RETURN
The EAB(s) rented shall be made available to the Customer upon presentation of a Purchase Order at the rental location.
Upon presentation of the Purchase Order, the EAB(s) shall be made available to the Customer. Unless an observation from the Customer is made via the account of the Customer on the Web Site at the time that the equipment is made available, the EAB(s) rented shall be considered as being in proper condition.
After return of the EAB(s) at the rental location, a detailed condition report on the EAB(s) returned will be completed within a maximum of seven (7) days to observe the proper condition of the EAB(s) returned or, in the contrary case, to observe the damage eventually identified. Unless irrefutable proof is provided by the Customer, such damage shall be attributable to him and shall result in the deduction of all or a portion of the security deposit as stipulated in Article 5 of the present Terms and Conditions of Rental. Expenses for assistance as detailed in Article 8 of the present Terms and Conditions of Rental shall eventually be deducted if applicable.
ARTICLE 7 – CONDITIONS OF USE
The Customer and other users eventually indicated on the Web Site during the rental process agree to personally use the EAB(s) rented.
The Customer and other users as indicated on the Web Site during the rental process are individually responsible for the EAB in their custody and which they use, and respectively bear, in this regard, responsibility for its use.
By confirming and paying for the rental, the Customer agrees to use the EAB(s) in a normal and reasonable manner. Notably, he must make sure to avoid crossing over and/or colliding with obstacles (such as sidewalks or rocks, notably) and/or performing manoeuvres that could damage the EAB. In this regard, it is specified that it is formally prohibited to transport a second person on the EAB, unless this is done using the child carriers offered for rental by the Lessor.
The Customer undertakes not to modify the settings of the EAB(s) and not to disassemble the parts, including the wheels. He may, however, adjust the height of the seat according to its size, taking care not to mount the seat post beyond the mark, engraved on it, indicating the maximum height.
In addition, the Customer certifies that he is fit to use the EAB(s) rented and declares that he has no medical contraindication against physical exertion. The same is true as concerns the other users eventually indicated by the Customer during the rental process.
The minimum height requirement for using the EAB is 1.55m. The Customer declares that he and all other users eventually indicated on the Web Site during the rental process satisfy the minimum height requirement. All minors must be accompanied by a responsible adult.
Loan or sub-rental of the EAB rented is strictly prohibited.
The Customer shall not transport the EAB in a car which is not equipped with a bike rack adapted to electric bikes or in a van-type vehicle which is not fitted with strap hangers.
In case of steady rain, the Customer shall get the EAB (EABs) out of the rain (in order to protect the battery from the rain) and wait until the weather clears up. In case of steady and persistent rain during more than thirty minutes, the Customer will be able to call the assistance service of the Lessor which will be free of charge.
In case of long-term rental, a poncho will be supplied to the Customer. The Customer shall wear this poncho to protect the battery of the EAB if the Customer is to ride the EAB under the rain.
For safety reasons, it is strictly forbidden to demount the wheels of the EABs to transport them in a vehicle or for any other reasons. In the event of breakdown or for any problems/questions in connection with the EABs the Customer shall inform the Lessor as soon as possible.
In case of a breakdown, the Customer is prohibited from making any modification to the EAB in question and agrees to respect the stipulations of Article 8 of the present Terms and Conditions of Rental.
Each EAB is provided with one bike lock. When the EAB is not used by the Customer, or by one of the other users eventually indicated on the Web Site during the rental process, it must absolutely be attached to a fixed point with the anti-theft device provided for this purpose, such that the front and back wheels are secured. If applicable, the Accessories must be removed from the EAB and kept in the Customer’s custody. Particular attention is drawn to the fact that a bike lock does not constitute an absolute safety against theft. Accordingly, the Customer shall not let the EAB (EABs) unattended at any moment during the rental period. The Customer is reminded in that respect that, pursuant to Article 5 of the present Terms and Conditions of Rental, the Customer shall compensate the Lessor for any loss suffered or damage caused even if the cost of the damage exceeds the amount of the cash deposit as the case may be. In case of theft or loss of the EAB (EABs), the damage suffered will be valued on the basis of the replacement cost of the stolen or lost EAB (EABs). Accordingly, the Customer is strongly recommended to check whether he is properly covered by his own insurance.
The Customer acknowledges that the Lessor offered him the option of renting a helmet and an approved retro-reflective vest. It is specified that under current legislation in France, the wearing of a helmet is not obligatory (except for children under twelve years) but it is strongly recommended, and the wearing of a retro-reflective vest is obligatory for all cyclists (and his passenger) circulating in rural areas, at night or when visibility is insufficient.
A battery charger will be provided to the Customer if the rental period exceeds one day (or exceeds two half days).
The Customer declares that he – as well as the persons for whom he makes a reservation, if applicable – is capable of using the EAB in the public thoroughfare, and that any mishap of any kind will not be able to be attributable to the Lessor.
The Customer acknowledges that he, as well as all other users eventually indicated on the Web Site during the rental process, is responsible with regard to third parties for damage or harm that could be caused due to use of the EAB and declares that he, as well as the users for which he made the reservation, is the holder of insurance covering this responsibility.
ARTICLE 8 – ASSISTANCE
In case of a breakdown leading to the impossibility of using the EAB normally, and in case said breakdown does not result from the mere absence of electrical assistance from the EAB, the Customer agrees to immediately contact the assistance service of the Lessor at the number(s) indicated on the Web Site. Assistance from the Lessor is geographically limited to roads that are accessible to the emergency intervention vehicle, and the Customer is responsible, if necessary, for getting to a road that is accessible to the emergency vehicle. This assistance provided by the Lessor is available during the days and times of rental of the EAB at the concerned rental location. The assistance provided by the Lessor shall be free if and only if the failure is intrinsically attributable to the EAB, and in case the breakdown is not solely attributable to the loss of electrical assistance from the EAB. In case this failure is attributable to the Customer (for example: unreasonable use), the Customer shall be held responsible for the cost of intervention of the Lessor in conformity with the pricing conditions indicated on the Web Site, and the travel time necessary for the Lessor to arrive at the site shall be taken into account in said price.
ARTICLE 9 – RESPONSIBILITY – DAMAGE TO THE EAB RENTED – HARM TO PERSONS – THEFT – INSURANCE OF THE CUSTOMER
The Customer, as well as the persons for whom he makes a reservation, if applicable, releases the Lessor, its employees, agents, representatives, suppliers and customers from any liability resulting from use of the EAB(s) rented, notably as concerns bodily harm, property damage and consequential losses resulting from an accident of any kind while the Customer is in possession of the EAB. In this regard, the Customer declares to have, as well as the persons for whom he made a reservation, if applicable, personal insurance covering his civil liability and the liability incurred for use of the EAB(s) rented by him and by the persons for whom he is responsible or his agents.
In addition, the Customer is reminded that he shall not let the EAB (EABs) unattended during the whole rental period and that in case of theft or loss of the EAB (EABs), the damage suffered will be valued on the basis of the replacement cost of the stolen or lost EAB (EABs). Accordingly, the Customer is strongly recommended to check whether he is properly covered by his own insurance.
ARTICLE 10 – INFORMATION SYSTEMS AND FREEDOMS – PERSONAL INFORMATION
In application of law 78-17 of 6th January 1978, it is indicated that personal information which is requested from the Customer is necessary, notably for processing the rental and for establishing invoices. The processing of information provided via the Web Site is covered by a declaration with the CNIL. In conformity with national and European regulations in effect, the Customer has a permanent right of access to modify, correct and oppose the information which concerns him.
ARTICLE 11 – INTELLECTUAL PROPERTY
The content on the Web Site is the property of eC2S and is protected by French and international laws relative to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute infringement unless express authorization in writing has been obtained beforehand from eC2S.
ARTICLE 12 – APPLICABLE LAW – LANGUAGE – DISPUTES
The present Terms and Conditions of Rental are governed by French Law.
It is expressly stated that the Terms and Conditions of Rental drafted in the French language shall prevail over any other document, and that any translation into another language shall only serve for informational purposes.
Any disputes resulting from the present Terms and Conditions of Rental concerning their validity, interpretation, execution, establishment, consequences or aftermath shall be submitted to the competent courts under the conditions of common law. In case of a dispute with professionals and/or merchants, exclusive competence would be attributed to the Commerce Court of GRASSE.
Update April, 29th 2019