GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1: SUBJECT OF THE CONTRACT

The purpose of these general rental conditions is to determine the rental terms and conditions for the various types of bicycles (hereinafter referred to as “RBL&LBS”) and any accessories (hereinafter referred to as “Accessories”) through a rental agreement concluded between Rent Bike Luberon and Luberon Bike Shop (hereinafter referred to as “RBL&LBS” ) and the customer (hereinafter referred to as “Tenant”).

ARTICLE 2: THE TENANT

In order to benefit from the rental contract, the signatory must be of legal age, declare himself/herself fit for cycling and have no medical contraindications. Persons other than the Tenant may be authorised to use the Bicycle(s) and Accessories provided that their identity is precisely indicated in the rental contract, and that they meet the same conditions as the Tenant, including in the case of minor children, and whose legal representative is the signatory to the contract. Apart from the Tenant and any authorised users, no one is authorised to use the Bicycles and Accessories.

ARTICLE 3: RENTAL TERMS: BOOKING, PAYMENT, RATES, DURATION, DEPOSIT, AVAILABILITY, SUPPORT

A: RESERVATIONS

The Tenant can make reservations via the website www.rentbikescooterluberon.com or www.luberonbikeshop.com, at the point of Rental, by email or by telephone. RBL & LBS may request a deposit from the tenant of a maximum amount of 30% of the total amount of the reservation, in order to confirm the reservation thus made.

In case of cancellation:
o 2 weeks before the beginning of the rental RBL&LBS reserve the right to keep the 30% deposit received at the time of booking as compensation
o 4 Days before the start of the rental period, RBL&LBS reserves the right to charge a cancellation fee of 100% of the total amount of the reservation.
Cancellation fees will not be paid when the cancellation is caused by the Tenant’s duly justified illness, or in the event of proven detestable weather conditions (mistral with gusts of more than 80km/h, rain or snowstorm). RBL&LBS will not refund the rental but undertakes to offer you other rental dates depending on the availability of the equipment and reservations already made.

B : TERMS OF RENTAL/PAYMENT/METHODS OF PAYMENT :

The Tenant goes to a previously identified rental point and enters into a rental contract in which he acknowledges having read and accepted the general rental conditions.
When signing the contract, the Tenant provides the necessary supporting documents (valid identity card or passport) and provides a deposit (see below). Payment for the rental (hereinafter referred to as the “Rental”) is made at the time of collection of the Bicycles and Accessories, by credit card, cheques, ANCV Cheques (for a minimum of 60€) or cash. In the same way, any other sums possibly due in respect of the rental (deductibles, any extensions of the rental not subscribed at the beginning of the rental period, repairs, etc.) will also be payable on return by credit card, cheques, ANCV Cheques or cash.
At the time of delivery of the Bicycles and Accessories, an inventory of fixtures will be carried out and signed contradictorily between RBL&LBS and the Tenant.

C: RATES :

RBL&LBS provides the Tenant with one or more bicycles and their accessories under the price conditions in force on the day the rental contract is signed.
These rates are described on the website www.rentbikescooterluberon.com or www.luberonbikeshop.com or at a dedicated rental point and according to defined time slots.
Rental rates are subject to change.
Concerning the tourist tours proposed by RBL&LBS In general, the prices do not include (unless otherwise specified in the detailed technical sheet of your tour):
o Personal expenses
o Beverages
o Meals or snacks
o Any service not mentioned in the technical sheet of the circuit

D: RENTAL PERIOD / RETURN PERIOD :

The Tenant must return the Bicycle(s) and Accessories to the previously agreed departure or recovery point on the dates and at the times indicated on the rental contract. If the Tenant wishes to extend the duration of the rental and modify this date, he must inform RBL&LBS and obtain its prior agreement. No refund will be made if the Tenant returns the Bicycle(s) and Accessories before the scheduled rental end date. Any late return will result in the application of a flat-rate penalty equal to the rate of one day’s rental per half-day or day’s delay. The equipment must be returned in working order and in a clean condition. RBL&LBS reserves the right to apply the attached repair and maintenance schedule.

E : GUARANTEE / SECURITY DEPOSIT

As a guarantee of the proper performance of its obligations by the Tenant, the latter must pay a guarantee or deposit to RBL&LBS in the amount of 600 euros per bike by credit card and leave an identity document during the rental period. Photocopies will not be accepted – the name of the credit card and ID must match. This deposit is not collected during the rental period.
Upon return of the Leased Property, the security deposit shall be returned to the lessee after deduction of any damage provided for in Article 7.
By express agreement, the security deposit is allocated to RBL&LBS in full ownership up to the amounts due by the Tenant to RBL&LBS in the event that the Tenant does not pay any amount due to RBL&LBS on its due date.
The Tenant authorises the Landlord to deduct from the deposit the sums due:

It is expressly agreed that the amount of the deposit shall in no case constitute a limit of guarantee, the lessor retaining, where applicable, the right to sue the lessee in order to obtain full compensation for his prejudice.

F. AVAILABILITY

To ensure better availability of bicycles, we recommend that you make a reservation request for a service marketed by RBL&LBS at least 48 hours in advance (working days) and for a reservation with assistance, it is advisable to make the reservation request at least 5 working days before the desired departure in order to guarantee the availability and feasibility of tours with guides.

G: ACCOMPANIMENT

The guide decides the pace of the visit, breaks and itinerary, which he or she will adapt according to the capacity of the participants. The guide reserves the right to cancel the visit, or to modify the itinerary if safety requires it or at the request of the participants.
The price of the tours includes only the guide service and the chosen bike. Personal expenses and meals and snacks are not included.

The lessee acknowledges having received the Rented Goods in good working order with the basic equipment which includes the bicycle, helmet, anti-theft device and repair kit.
He declares that he has had full personal freedom to check the Leased Property and select it in accordance with his needs.
The lessee undertakes to return the Rented Goods in the condition in which they were rented, except for normal wear and tear.
The tires are in good condition and without cuts. In the event of deterioration of one of them for a reason other than normal wear and tear, the Tenant undertakes to replace it with a new tyre of the same brand, characteristics and dimensions.
Any damage or reservation, to the provision or return of the Bicycle(s) and Accessories must be mentioned on the rental contract.
Routine maintenance of Bicycles as planned according to the manufacturer’s maintenance instructions is carried out by RBL&LBS Repairs, replacement of parts or tyres resulting from normal wear and tear are the responsibility of RBL&LBS and will be carried out by it.
Repairs, exchanges of parts or supplies and/or accessories resulting from negligence or fault of the Tenant or any authorised users shall always be the responsibility of the Tenant according to the rates set out in the appendix.
In the event of immobilisation, the Bicycle(s) and Accessories will then be returned to the dedicated Rental point, by the Tenant and at his own expense, which will include collection and transport costs.
In this case, the Lease shall continue to run normally and all subsequent obligations of the Lessee shall remain in force.

ARTICLE 5: CONDITIONS OF USE OF THE BICYCLE(S) AND ACCESSORIES

As from the time the Bicycle(s) and Accessories are made available, the Tenant has custody of them and is solely responsible for them as well as for the consequences that may result from their use.
The Tenant is solely responsible for violations of the Highway Code relating to the driving or custody of the Bicycle(s) and Accessories, or for any other violation of the laws, taxes and regulations in force, committed during the term of the contract.
The Tenant is responsible for fines, reports and contraventions and undertakes to reimburse RBL&LBS for the amount if it is required to make an advance or if the contravention is received after the rental.
In the event that RBL&LBS intervenes in the payment of these fines, fines or fines, RBL&LBS will invoice the Tenant a fixed amount of 25 Euros per intervention as administrative costs.
The Tenant undertakes to take all measures to prevent damage, theft or fraudulent removal of the Bicycle(s) and Accessories.
In particular, when the Bicycle(s) and Accessories are parked, he undertakes to attach it to a fixed element using the anti-theft device provided by RBL&LBS.
The Tenant uses the Bicycle(s) and Accessories in a responsible manner and taking all the precautions that RBL&LBS is entitled to expect.
The Tenant acknowledges having received and taken note of the handling of the electric bicycle and in particular the instructions on recharging; also the proper handling and use of the other bicycles made available as part of the rental chosen by the Tenant. The Tenant undertakes to respect the following indications: The transport of a person on the carrier is strictly prohibited. Children (maximum weight of 22 kg) must be transported in a child seat (if the Tenant chooses). The baskets (if the Tenant opts for) are reserved for the transport of non-volume items, up to a maximum of 2 kg; the Tenant undertakes not to modify or add anything to the Bicycles and Accessories.
The Tenant acknowledges that he is aware that RBL&LBS provides helmets for each rented bicycle and strongly advises adults to wear a helmet, for safety reasons. For minors under 12 years of age, the wearing of a helmet has been mandatory since 22 March 2017. RBL&LBS cannot be held responsible in the event of the customer’s refusal to wear a helmet.
The Bicycle(s) and its Accessories must not be used abnormally, in particular:

off road (excluding mountain bikes);
for the transport of passengers for valuable consideration;
or subletting;
for towing or towing any object, except those rented by RBL&LBS ;
for the transport of a passenger, except for the transport of an infant, provided that an approved seat is installed by RBL&LBS.
for the transport of flammable, explosive, corrosive, oxidizing, radioactive or ionizing radiation sources.

The bicycle(s) and accessories must be returned in the same working condition and appearance as when they were made available, with the tyres in good condition. Failing this, any delivery costs will have to be waited for.
The Accessories must be returned in the same condition as when they were made available. Failing this, any repair costs will be charged to the Tenant. The lease is granted for the fixed term indicated on the lease contract.
No refund will be made if the Tenant returns the accessory(s) before the scheduled rental end date.

ARTICLE 7: LIABILITY – DAMAGE TO RENTED PROPERTY – THEFT

The Tenant is personally liable for any damage caused by the use of the Bicycle(s) and Accessories. The Renter may not be held liable for damage suffered or caused by the Bicycle(s) and Accessories, unless it is proven that such damage is due to an internal defect or lack of maintenance of the Bicycle(s) and Accessories.
The lessee declares to be the holder of a personal civil liability insurance policy which guarantees the liability incurred in connection with the use of the Leased Property by himself, the persons in his care and his servants.
The tenant therefore has no coverage for damage to the rented property and is personally liable for such damage, breakage, loss and theft.
In case of breakage: the tenant undertakes to return the damaged equipment and it must be recognizable and complete. Damage to the equipment will be invoiced to the lessee at the rate in force attached to this contract.
In the event of theft and loss of equipment, theft and loss of equipment are not covered.
Consequently, the equipment will be invoiced to the tenant on the basis of its replacement value less any obsolescence (see obsolete item of 20% per year). The bond will be used to cover all or part of the damage.
An invoice will be provided to the tenant so that he can eventually present it to his personal insurer.

ARTICLE 8 – OBLIGATIONS OF THE TENANT IN THE EVENT OF AN ACCIDENT OR THEFT

The Tenant undertakes to notify RBL&LBS of the claim, in any case, as soon as possible and at the latest within 24 hours (twenty-four hours) of the occurrence of the claim.
The Tenant further undertakes to:

a) In the event of an accident, to be sent within 48 hours (forty-eight hours) or 2 working days (two days) to RBL&LBS, even in the event of material damage to the Bicycle(s) and Accessories only, the original of the duly and legibly completed amicable report (failing which the claim form containing all relevant details on the circumstances of the accident, the contact details of the driver of the Bicycle(s), those of the opponent and his insurer as well as those of the witnesses, the damage suffered by the Vehicle(s) and/or accessories)

b) In the event of theft of the Bicycle(s) and Accessories, vandalism, the Tenant is required to report the theft or vandalism as soon as the damage or disappearance is reported to the police or gendarmerie authorities, to report and provide the complaint filing certificate to RBL&LBS within 48 hours (forty-eight hours) or 2 working days (two days) of the damage or disappearance.
In the event of theft inside a vehicle, a declaration must have been sent to the motor insurer of the vandalized vehicle. In all cases, a copy of this declaration as well as a copy of the general and special conditions of the motor insurance of the vehicle concerned must be sent to the broker. On request, any proof may be requested from the Tenant to justify the claim.
The Tenant who is in bad faith, exaggerates the amount of damage, claims to have destroyed objects or property that did not exist at the time of the loss, conceals or subtracts all or part of the objects taken in charge, uses fraudulent means or inaccurate documents as justification, is forfeited any right to coverage for the loss in question.
inaccurate documents, is forfeited any right to coverage for the loss in question.

ARTICLE 9: WARRANTY PERIOD AND EXCLUSIONS

The guarantee takes effect on the date and time the leased property is made available. The warranty automatically ends at the end of the rental period.
The following are excluded:

Non-burglary theft
Theft on public roads including Bicycles and Accessories in vehicles, on trailers, roof racks or bike racks Theft on trailers, roof racks, bike racks except if the cycle is attached to the trailer, roof rack or bike rack by a U-type lock, Chain or articulated,
Damage resulting from use that does not comply with the manufacturers’ standards of use; as well as damage resulting from a specific defect, a lack of maintenance or a malfunction of the objects taken care of,
Damage caused by alcoholism, the use of drugs, drugs, narcotics not prescribed by a doctor,
The fault of the tenant or the user, if it is intentional or fraudulent.

In this case, RBL&LBS will issue an invoice for the amount of the damaged or stolen equipment, after application of the discount related to the obsolescence in accordance with Article 13.

ARTICLE 10: ASSISTANCE OF THE LESSOR

The tenant rents the Bike in perfect working order. A repair kit is provided for each rental to deal with a puncture. The lessee is therefore responsible for returning the Bicycle to the departure or return rental point previously agreed between the lessee and RBL&LBS. However, the lessee may benefit from assistance from the lessor in the event of a broken bicycle, an incident or an accident to bring the bicycle back to the point of departure according to availability and the assistance required by the lessee.
Repatriation assistance is free of charge in the event of problems inherent to the bicycle, linked to poor maintenance or a manufacturing defect. Apart from these cases of care, problems such as derailment, battery exhaustion, punctures, breakage due to misuse are not covered. In these cases, the tenant will bear the fixed cost of 150 Euros including VAT per intervention.
This assistance is possible during RBL&LBS opening hours, or outside opening hours but with an additional cost set at 50 Euros including VAT and depending on the availability of RBL&LBS. It is geographically limited to roads accessible to motor vehicles. Failing this, the tenant will make his best efforts to reach an accessible road

ARTICLE 11: AUTHORIZATION TO PUBLISH PHOTOGRAPHS

During the course of the rental, photographs of the Tenants may be taken. The Tenant is informed and accepts that photographs in which he appears may be published by RBL&LBS on its website and on the
social networks such as Facebook, Instagram, Twitter, Tripadvisor, GetYourGuide, Bokùn,…, for promotional purposes.
The Tenant who does not wish photographs on which he appears to be published by RBL&LBS on his website, must inform RBL&LBS before the start of the service or afterwards by sending an e-mail to the following address rent.bike.luberon@gmail.com

ARTICLE 12: MISCELLANEOUS PROVISIONS

In the event of the Tenant’s failure to fulfil any of its contractual obligations, RBL&LBS may automatically terminate the lease early, without prejudice to any other rights. This contract is subject to French law.

ARTICLES 13: DEFINITIONS

Accident: Any sudden, unexpected event outside the damaged property that causes the damage. Accidental material damage: Any damage or destruction of the Bicycle(s) and Accessories following an accident or fall with or without an identified third party.
Theft: Any sudden and unforeseen event resulting in the total disappearance of the Bicycle(s) and Accessories mentioned on the rental contract
Breaking and entering: Forcing or destruction of the referenced anti-theft device linking the cycle to a fixed attachment point on the public road.
Referenced anti-theft device: For all cycles, a U-type anti-theft device, a chain-type anti-theft device, an articulated-type anti-theft device, a cable-type anti-theft device with a diameter of at least 10 mm.
Obsolescence: A discount is applied to the value of new equipment, after deduction of the VAT in force at the time of its acquisition, the discount is set at 20% per year.

ARTICLE 14: COMPUTER LAW AND FREEDOMS

In accordance with Law No. 78-17 of 6 January 1978 relating to data processing, files and liberties amended by Law No. 2004-801 of 6 August 2004, the Tenant is informed and accepts that:
1°) Its personal data transmitted may be used for surveys, analyses or in the context of commercial operations by RBL&LBS.
2°) In accordance with the aforementioned law, he/she has the right to access, modify and remove data concerning him/her, upon simple request to the company Rent Bike Luberon or Luberon Bike Shop at the following addresses: rent.bike.luberon@gmail.com or contact@luberonbikeshop.com
3°) According to the law regarding the collection of personal data, we inform you that we only collect the following data:
– Your name & first name
– Your email address
– Your telephone number
– Your Country of Origin
– The type of reservation you made at RBL&LBS

ARTICLE 15: DISPUTE

In the event of any dispute relating to the performance, interpretation or termination of this contract, the competent court shall be that of the registered office of the lessor Aix en Provence, to which the parties attribute exclusive jurisdiction.
Done at Bonnieux,
March 06, 2019

APPENDICES :
Nomenclature of degraded parts in € including VAT
Repair and exchange of parts:
Labour cost 50 € (1 hour) for technical interventions of complex products
Labour cost 25 € (1/2 hour) for technical interventions of non-complex products
Washing: 5€
Bicycle: Depends on the model rented, maximum price 4199€
Battery: 350€
Fork: 80€
Suspended fork: 350€
Bottom bracket: 50€
Front wheel: 100€
Rear wheel: 120€
Joystick / Speed: 20€
Handlebar: 45€
Controller: 150€
Derailleur: 55€
Electrical wiring: 50€
Hydraulic brake system: 80€
Tyres: 25€
Brake disc: 40€
Saddle: 30€
Chain: 25€
Handlebar handle: 30€
BRAKE V brakes front and rear: 25€
Brake lever: 25€
Mudguard: 20€
Chain guard: 15€
Front lighting: 38€
Rear lighting: 25€
Reflector: 5€
Pedal: 25€
Crutch: 25€
Wireless meter: 40€
Accessories to replace in case of damage:
Child seat: 75€
Luggage trailer: 75€
Children’s trailer: 280€
Bosch display: 110€
Basket: 35€
Lock: 20€
Anti-theft chain: 25€
Doorbell: 5€
Headset: 40€
Yellow vest: 12€
Puncture-proof bomb: 6.50€
GPS: 150 €
Tensioner: 8€
Frame lock: 49,90€
Bag: 75€