Illustrations Conditions générale de ventes

General conditions for the rental of electrically assisted bicycles and use of the site

Preamble

The commercial brand Capt.Bikes, Company name: SARL BRIAN with a capital of 2,000 euros, registered on January 24, 2022 in the Trade and Companies Register under number 909 517 237 RCS Lorient, having its registered office at 9, rue de Verdun, 56360 Le Palais, offers electric bike rentals on its website www.capt-bikes.fr.

The purpose of these General Terms and Conditions for Electric Assistance Bike Rental and Use of the Site (hereinafter the “GTC“) is to define the general conditions for booking and renting Electric Assistance Bicycles rented by Capt.Bikes to customers. tenants (hereinafter the “Tenants”).

The GTC are made available to Tenants and any Internet user on the Site, where they can be consulted directly. They can also be communicated on request by telephone, e-mail or post. The GTC are written as well as all the contractual information mentioned on the Site in French.

Capt.Bikes reserves the right to modify the GTC at any time. In the event of modification of the GTC, the applicable GTC are those in force on the date of the reservation made online.

The T&Cs are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.

These T&Cs are communicated to the Tenant prior to the confirmation of his Rental, the rental contract (the “Rental Contract“), constituting the contractual documents binding on the Parties during the provision of the Rental services, to the exclusion of all other conditions, oral or written, exchanged before the conclusion of the contract, and to the exclusion of all other documents, such as in particular leaflets, catalogs or photographs of electric bikes which have only an indicative value.

The validation of the Rental by its confirmation is worth adhesion by the Tenant to the GTC in force on the day of the reservation.

Use of the site:

This site is an online rental site accessible freely and free of charge by any Internet user at the address www.capt-bikes.fr (the “Site“).

The purpose of the Site is to offer short-term electrically assisted bicycle rentals (hereinafter referred to as the “Electrically assisted bicycle(s) or VAE“).

The Site was created by Aymeric DOUCET whose head office is located in La Roche-sur-Yon, registered in the Trade Register under number SIRET 899822332, and belongs to SARL BRIAN represented by its Managers, Mrs. Jenny Lebon and Mr. Brian Crochetet and (hereinafter referred to as “Capt.Bikes” and alternatively the “hire compagny/hire compagny“).

By using the Site and making a reservation (hereinafter the “Rental“) of an electrically assisted bicycle, the hire compagny, by ticking a box provided for this purpose, acknowledges having read and accepted these GTC.

The validation of the Rental on our site implies full acceptance on the day of payment of the entire Rental.

Companies wishing to re-use the content of the site, and in particular the RSS feeds, are invited to contact the Capt.Bikes sales department at the address: captbikeslocation@gmail.fr.

1- Object of the contract

The purpose of these general rental conditions is to determine the terms and conditions for the rental of Electrically Assisted Bicycles (hereinafter referred to as “VAE” and any accessories (hereinafter referred to as the “Accessories”) by means of a contract agreement concluded between the Capt.Bikes Commercial Trademark (hereinafter referred to as “SARL BRIAN” “CAPT.BIKES” or the “Rentor”) and the customer (hereinafter referred to as the “hire compagny”).

2- Bike rental

2-1 Characteristics

The assisted bicycle(s) offered for hire on the Site is (are) the subject of a description mentioning their essential characteristics within the meaning of article L. 111-1 of the consumption.

Electrically assisted bicycles are described and presented with the greatest possible accuracy. Regarding the photographs, every effort is made to reproduce the colors and other characteristics of the Electric Bikes on the Site as faithfully as possible.

Variations may nevertheless occur, in particular due to the technical limitations of the color rendering of computer equipment.

The electrically assisted bicycles offered for Hire by Capt.Bikes are available subject to availability presented on the Site.

In the event that the unavailability of an electrically assisted bicycle is noted after the validation of the reservation, the Tenant will be immediately reimbursed, without compensation due on either side. It is understood that if the stock of VAE allows it, the hire compagny may offer to a Tenant, the Rental of an electrically assisted bicycle of an equivalent model or range, and the Tenant will have the possibility of carrying out this Rental.

Failing this, the hire compagny proceeds to the immediate reimbursement of the Rental within the framework of the provisions of the Consumer Code.

2-2 Conditions precedent to the conclusion of the Rental Agreement

  • At least 18 years old;
  • Declare yourself fit for cycling and have no medical contraindications.
  • Provide a valid identity document, which he must communicate to the hire compagny to confirm the Rental, according to the methods defined on the Site.

Persons other than the hire compagny may be authorized to use the VAE and Accessories provided that their identity is precisely indicated in the rental contract, and that they meet the same conditions as the hire compagny, including in the case of children. minors, and whose legal guardian is the signatory of the contract.

Apart from the Tenant and any authorized users, no one is authorized to use the VAE and the Accessories.

2-3 Duration and collection and return of eBike rental(s):

The online rental offers presented on the Site are valid, as long as the Electric Bikes are available for rental on the desired dates.

The duration of the Rental is fixed in the Rental Agreement.

The hire compagny picks up and returns the VAE(s) and the Accessories to the point of departure, on the dates and times indicated on the rental contract.

If the Tenant wishes to extend the duration of the rental and modify this date, he must inform “Capt.Bikes” and obtain his prior agreement.

No refund will be made if the Tenant returns the VAE(s) and the Accessories before the scheduled end date of the rental.

In the case of a return of the electric bikes in a place other than the shop 9, rue de Verdun 56360 Le Palais, SARL BRIAN “CAPT.BIKES” reserves the right to charge a flat rate for the repatriation of €15 including tax per bike.

2-4 Price

Electric bike rental prices are indicated in Euros, all taxes included.

The rental price includes all the conditions, duration(s) of rental, materials and equipment provided, and any warranties.

It is understood that certain costs, such as abandonment or repair costs, without this list being exhaustive, may be invoiced to the Tenant following the return of the Electric-assisted bicycle by the Tenant to Capt.Bikes.

The rental prices of the electrically assisted bicycles offered are those in force at the time of validation of the rental reservation. All Rentals are payable in Euros.

The hire compagny must return the VAE(s) and the Accessories to the point of departure, on the scheduled date and time indicated on the rental contract. If the Tenant wishes to extend the duration of the rental and modify this date, he must inform SARL BRIAN “Capt.Bikes” and obtain his agreement beforehand.

No refund will be made if the Tenant returns the VAE(s) and the Accessories before the scheduled end date of the rental.

Any late return will give rise to the application of a fixed penalty equal to the rate of one day’s rental per half-day or day of delay.

The equipment must be returned in working order and in a proper state of cleanliness. SARL BRIAN “Capt.Bikes” reserves the right to apply the scale of repairs and maintenance in the appendix.

2-5 Price change

Capt.Bikes reserves the right to modify its prices at any time, but Electrically assisted bicycle and equipment rentals will be invoiced on the basis of the rates in effect at the time of validation of the Rental.

3- Rental terms: reservation, modifications, payment, prices, duration, deposit, availability, support

3-1 Reservation – Terms – Payment conditions

The Tenant can make reservations via the website www.capt-bikes.fr, at the rental point located at 9, rue de Verdun 56360 Le Palais, or by telephone on 02 97 31 40 99 .

The amount of the price of the VAE is indicated during the validation of the reservation.

Reservations will only be validated after receipt and validation of payment.

An e-mail acknowledging receipt of the reservation and its payment is sent by Capt.Bikes as soon as possible to the tenant.

Before confirming his reservation online, the Tenant will have the opportunity to check the details of his reservation and its price, as well as to return to the previous pages to correct any errors or possibly modify his order.

The Site is subject to a secure payment system in order to guarantee the security and confidentiality of the personal and in particular banking information of the Tenants.

To finalize his reservation, the Tenant must identify himself by entering the information as defined in the Capt.Bikes T&Cs.

3-2 Modification of the reservation

Any cancellation made up to three (3) days before the start of the Rental period is free of charge.

Any modification of the reservation by the Tenant after this period is subject to the acceptance of Capt.Bikes.

3-3 Conclusion of the rental contract

The Tenant goes to the Cap-Bikes shop 9, rue de Verdun 56360 Le Palais and proceeds to the subscription of a rental contract in which he acknowledges having read the general conditions of rental and accepts them.

When signing the contract, the Tenant provides the necessary supporting documents (identity card or valid passport) and proceeds to the delivery of a deposit (see below).

The payment of the rental (hereinafter the “Rental”) can be made upstream when booking online (payment of the entire reservation by credit card only), otherwise at the shop at the time of taking in charge of VAE and Accessories.

The payment at the shop of the balance due for the rental can be paid by credit card, check, holiday voucher or cash.

In the same way, any other sums possibly due in respect of the rental (excesses, any extensions of Rental not subscribed at the start of the Rental period, repairs, etc.) will be payable on return also by credit card or cash.

Under no circumstances can Capt.Bikes be liable for the fraudulent use of the hire compagny’s bank card.

3-4 Provision – Inventory – Withdrawal of the electrically assisted bicycle(s)

The electrically assisted bicycle(s) is (are) made available, at the hire compagny’s choice, at the address indicated by the hire compagny when validating the Rental at the shop 9 rue de Verdun 56360 Le Palais.

The Electric-Assisted Bike(s) comes with the following equipment: helmet for use by children 12 years of age or younger, and lock.

Any additional equipment rented will be subject to additional invoicing, made according to the choices of the hire compagny during the validation of the Rental.

The Tenant agrees to check the general condition of the Electric Bike with Capt.Bikes.

3-5 Deposit (Security Deposit):

On the day of picking up the electric bike from the shop located at 9 rue de Verdun 56360 Le Palais, a deposit will be requested for the Rental.

The amount of the deposit of 250 € is indicated on the Site when booking, (credit card imprint, check, cash) accompanied by an identity document valid during the time of the rental.

Photocopies will not be accepted – the name of the means of payment (credit card, check) and the identity document must match.

This deposit is not cashed during the rental period.

Sarl Brian reserves the right to keep the deposit for 24 hours.

Upon return of the Rented Goods, the deposit is returned to the tenant after deducting any damage (See prices in stores).

The Tenant authorizes the hire compagny to deduct from the deposit the sums due:

Under the deductible or deposit
In repair of damage and theft, the costs of which are fixed in the shop “tariffs of damaged parts”
As compensation for late return of the Leased Goods

It is expressly agreed that the amount of the deposit can in no way constitute a limit of guarantee, the hire compagny retaining, if necessary, the right to sue the tenant in order to obtain full compensation for his damage.

3-6 Breakage & Theft Coverage: 

CAPT.BIKES insures bicycles for breakage and theft on behalf of its clients via TULIP SAS. The conditions are detailed below:
BRIAN SARL, hereinafter referred to as Capt.Bikes, insures bicycles for breakage and theft on behalf of its customers via TULIP SAS. 
Definitions Accident: Any sudden, unforeseeable event resulting from a cause external to the Insured Item, whether or not caused by the user, and suffered by the Insured Item. Approved anti-theft device: Anti-theft device provided by Capt.Bikes. 
Insured Property: The rented Vitality bicycle listed on the Rental Contract. Breakage: the risk of material damage to the Insured Item.
Breakage may be partial (when the Insured Item can be repaired) or total (when the Insured Item is beyond repair). 
Customer: Any person renting a bicycle from Capt.Bikes. Accidental Material Damage: Any destruction or deterioration, total or partial, externally visible, that is detrimental to the use – in accordance with the manufacturer’s standards – of the Insured Item and caused by an Accident. Guarantee: The guarantees relative to the Contract, i.e. Breakage and Theft. Negligence: Failure of precaution or prudence, intentional or not, which is at the origin of the Damage or has facilitated its occurrence. Natural Catastrophe: The phenomenon caused by the abnormal intensity of a natural agent (such as: flood, landslide, mudslide, drought, earthquake…). The phenomenon of natural disaster must first be recorded by interministerial decree in order to be eligible for compensation, as defined in the Contract. Fixed point of attachment: A fixed, immovable and immovable part, made of stone, metal or wood, attached to a solid wall or to the ground, and from which the Insured Property cannot be detached even by lifting or tearing. Loss: Event likely to implement the Guarantee. Tiers : Toute personne physique autre que le Client, son conjoint ou son concubin, son partenaire de PACS, ses ascendants ou ses descendants. Usure : Détérioration progressive du Bien garanti du fait de l’usage conforme aux instructions d’utilisation ou d’entretien du constructeur, qui en est fait. Valeur du bien : La Valeur d’achat HT, du Bien garanti Vol : Dépossession frauduleuse par un Tiers du Bien garantie soit par agression soit par effraction. Theft by assault: Theft by means of threats or violence exercised by a Third Party; Theft by burglary: Theft by forcing or destroying: – any locking device of an immovable building, closed and covered, of a dwelling, of a vehicle, – or, outside, of an approved Anti-Theft device linking the Insured Property to a fixed attachment point. 

3-6-1. Purpose and limits of the Coverage:

Losses occurring to the Insured Property are covered subject to the exclusions, the limits of the Coverage and compliance with the reporting deadlines and formalities provided for in this Policy.

3-6-1.1 Purpose of the Coverage In the event of Breakage

the Insured Property shall be repaired or, if it is irreparable (the cost of repair is greater than the Value of the Property), the Property shall be reimbursed within the limits defined in Article 1.2 and the conditions defined in Article 4. In the event of Theft, the Insured Item will be reimbursed within the limits defined in Article 1.2 and the conditions defined in Article 4 of this Contract. 

3-6-1.2 Limits of the Guarantee During the term of the rental contract, the following is covered

In the event of breakage: 1 (one) single claim per Insured Item up to the amount of the repair bill excluding VAT (which cannot exceed the Value of the item) less a deductible of 10% and a minimum of €10. 
In the event of theft: 1 (one) single claim per Insured Item within the limit of the Value of the Item less a 10% deductible.

3-6-2. Exclusions 3-6-2.1 Common exclusions The following are excluded in all cases

– Damage or theft that occurred in the absence of a hazard; – Indirect damage or loss suffered by the Customer during or following a Loss; – Losses resulting from negligence; – Civil liability of the Customer; – Acts of war or civil war, riots, internal disturbances, acts of violence for political reasons, attacks or terrorist acts, strikes, expropriations or interventions similar to expropriations, seizures, natural disasters or nuclear energy.

3-6-2.2 Exclusions specific to Theft The following are excluded from Theft Coverage:

– Theft other than Theft by assault or break-in; – Theft by break-in on the public highway of the Property not secured by an Anti-Theft device to a fixed attachment point; – Theft of batteries from electric bicycles not equipped with an anti-theft system integrated into the bicycle frame and fitted as standard by the manufacturer. 

3-6-2.3 Exclusions specific to Breakage The following are excluded from the Breakage Warranty

– Any damage resulting from a modification or transformation of the Property; – Any damage related to wear and tear; – Any damage resulting from a fire, natural disaster, lightning strike, or frost; – Any damage related to the failure of the battery of electric bicycles; – Any damage resulting from the prolonged effect of use (oxidation, corrosion, rust incrustation, soiling, scaling); – Any damage resulting from failure to follow the instructions for use and maintenance contained in the manufacturer’s manual; – Cosmetic damage, discoloration, pitting, stains, scratches, chips, dents, swellings or graffiti; 
 The cost of estimates or repairs incurred by the Customer without the consent of CAPT.BIKES SARL BRIAN .

3-6-3. Reporting a claim and supporting documents - How to report a claim -

As soon as he/she becomes aware of a Claim, the Client must declare it at the latest: – For the Breakage Warranty, within 5 working days (except in the case of fortuitous events or force majeure) ; 
– For the Theft Guarantee, within 2 working days. The claim must be reported to the rental company. 3.2 What supporting documents should be provided? The Client must provide CAPT.BIKES SARL BRIAN with: In all cases : – a statement on honor relating the exact and detailed circumstances of the Loss (in particular date, time and place of the Loss); 
In case of Theft: – a copy of the police report on which must be mentioned the circumstances of the Theft as well as the references of the Good (model/brand);
 The Customer shall : In case of theft on the public highway: – Provide the keys of the anti-theft device provided by CAPT.BIKES SARL BRIAN . In addition, the Client must provide CAPT.BIKES with any document that its Tulip insurance company deems necessary to assess the validity of its claim for compensation; 

3-6-4. Terms and conditions of compensation

 The claim will be paid if all the supporting documents mentioned in article 3.2 have been received and validated by CAPT.BIKES. If this is not the case, CAPT.BIKES reserves the right not to take charge of the Client’s claim and to deduct the Client from the amount due.
 5. Miscellaneous provisions Territoriality: The Guarantee is acquired by the Client for Claims occurring in Metropolitan France. Misrepresentation: Any misrepresentation made by the Customer in the event of a Loss exposes him, if his bad faith is proven, to the nullity of his contract and therefore to the loss of his right to the Guarantee.

4- State of the VAE

The tenant acknowledges having received the Leased Goods in good working order with the basic equipment.

He declares that he personally had full latitude to check the Leased Goods and to choose them in accordance with his needs.

The tenant undertakes to return the Leased Goods in the condition in which he rented them, 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 cause other than normal wear and tear, the tenant undertakes to replace it with a new tire of the same brand, the same characteristics and the same dimensions.

Any damage or reservation, to the provision or return of the VAE and Accessories must be mentioned on the rental contract.

Routine maintenance of the VAE as provided for in the manufacturer’s maintenance instructions is carried out by SARL BRIAN “Capt.Bikes”.

Repairs, exchanges of parts or tires resulting from normal wear and tear are the responsibility of SARL BRIAN “Capt.Bikes” and will be carried out by him.

Repairs, exchanges of parts or supplies and/or accessories resulting from the negligence or fault of the Tenant or of any authorized users always remain the responsibility of the Tenant according to the pricing in the shop.

In the event of immobilization, the VAE and Accessories will then be brought back to the dedicated Rental point either at 9, rue de Verdun 56360 Le Palais, by the Tenant and at his expense which will include the costs of removal, transport .

The Rental continues in this case to run normally and all subsequent obligations of the Tenant remain in force.

5- Conditions of use of VAE

The Tenant has custody of the electrically assisted Bicycle for the duration of the Rental. As of the provision of the Electric Assistance Bike, the Tenant is fully responsible for the Electric Assistance Bike, as well as the consequences that may result from its use.

The Tenant undertakes to use the electric bike as a good father and to ensure the maintenance of the electric bike in good condition during the period of support, as well as its routine maintenance.

The tenant undertakes to return the electrically assisted bicycle(s) and rented equipment in the condition in which he rented them, except for normal wear and tear.

Any damage or reservation, to the provision or return of the electrically assisted bicycle(s) and rented equipment must be mentioned on the rental contract.

The Tenant undertakes to read the instructions for the use of the electrically assisted bicycle and the equipment provided by the hire compagny.

The Tenant undertakes to take all measures to avoid the deterioration, theft or fraudulent embezzlement of the Electrically Assisted Bicycles and/or rented equipment. He is responsible in the event of theft, damage or loss of

Power-assisted electric bike(s) and/or rental equipment.

The Rental is granted for the fixed term appearing on the Rental Agreement.

No refund will be made if the Tenant returns the electrically assisted bicycles and/or equipment rented before the scheduled end date of the rental.

The hire compagny provides a breakdown service for the duration of the Rental, according to the conditions defined on the Site.

The Tenant agrees to:

Do not lend or sub-let the electric bike;
Do not use the electric bike for competition;
Do not modify or add anything to the electrically assisted bicycle or its equipment;
Not to make use of the Bicycle that is not in accordance with its intended purpose or illicit or immoral or for the purposes of advertising or propaganda of any kind;
Do not transport explosive or dangerous materials;
Drive the Electric-Assisted Bicycle with care and use it reasonably;
Do not drive on the beaches
Do not leave Belle Ile En Mer
Make every effort to avoid damage, theft or fraudulent embezzlement of the Electrically Assisted Bicycle;
Comply with all the obligations referred to in these general rental conditions in the event of breakage or theft.

The hire compagny is solely responsible for all the consequences that would result from non-compliance with the conditions of use of the Electric Assisted Electric Bicycle. It guarantees compliance with these terms and conditions by any other user of the electrically assisted bicycle during the rental period, if applicable. It is liable for any negligence, loss and/or faulty degradation with regard to the legal and regulatory provisions and undertakes to indemnify Capt.Bikes (SARL BRIAN) for all damage and capital costs.

Conditions for returning the electric bike and the deposit

The Tenant is required to return the Electric Bike on the day and time provided for in the Rental Agreement in perfect working order and cleanliness. The refund is made either by returning the electrically assisted bicycle and equipment to the shop or is collected by Capt.Bikes at the place agreed at the time of booking.

In case of delay, the overrun will be due and invoiced at the current rental price, as previously communicated to the Tenant.

In the absence of return on the agreed day and time, the Tenant remains responsible for any theft or damage caused or suffered by the Electric Assisted Bicycle until the return under the conditions set out below, as well as payment for the overtime agreed return, stipulated in the Rental Agreement.

The Electrically Assisted Bike is considered returned by hand-delivery to a Capt.Bikes representative. The electrically-assisted bicycle must be returned in a condition identical to that found in the contradictory report on the electrically-assisted bicycle inventory sheet signed contradictorily at the start of the rental.

6- Damage to rented property- Theft

The hire compagny is personally liable for any damage he causes when using the rented Bike(s) and equipment.

The hire compagny cannot be held liable for damage suffered or caused by the Bike(s) and rented equipment, unless it is proven that this damage is due to an internal defect or lack of maintenance of the Bike(s) and/or equipment rented.

It is recommended that the hire compagny take out personal civil liability insurance which guarantees the liability incurred during the use of the Bike(s) and rented equipment both by himself, the persons in his care and his employees. .

In the event of breakage or theft, the damage suffered will be invoiced to the Tenant within the limit of the guarantee provided for in respect of the deductible.

In the event of any other damage and loss of the equipment, the equipment will be invoiced to the hire compagny on the basis of its value. The deposit will be used to cover part or all of the damage.

An invoice will be provided to the Tenant so that he can possibly present it to his personal insurer.

7- Responsibility of Capt.Bikes

Capt.Bikes undertakes to ensure that the rented Bike and its equipment are in perfect working order and clean.

Capt.Bikes is committed to a duty of fair information and takes the greatest care and the greatest accuracy in putting information online, in the descriptions of the Bikes, the services offered, and the data available on the Site as well as to their regular update.

Limitation of Liability

Capt.Bikes cannot be held responsible:

  • Interruptions or delays recorded on the Site due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control;
  • The impossibility of the user or the Tenant to temporarily access the Site, due to facts beyond their control, such as: cases of computer failure, interruptions of the telephone network, the Internet network, failure of the reception equipment of said Internet network, etc.

Capt.Bikes does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error.

Capt.Bikes cannot be held liable for use of the Bike that does not comply with its intended purpose.

Capt.Bikes cannot be held liable in the event of non-performance or poor performance of the Contract due either to the fault of the Tenant, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.

Without limiting the scope of the other stipulations of the GTC, the responsibility of Capt.Bikes can only be retained in the event of proven fault attributable to it. In any case, it will be limited to direct damages and sums paid by the Tenant to Captain Bikes.

8- Termination of the rental contract by Capt.Bikes

CAPT.BIKES reserves the right to terminate this Agreement if:

  • An accident or disaster occurring during the previous rental or an impediment beyond its control, cannot give the enjoyment of the Bike.
  • Natural disasters, fires, storms, floods, illness and, more generally, any unforeseeable event beyond the control of CAPT.BIKES.

Where applicable, CAPT.BIKES will offer hire compagny either:

  • The postponement of the rental to another date determined by mutual agreement;
  • The provision of another Bicycle according to availability at the time;
  • The full refund of the sums paid for the Rental.

On the other hand, if the hire compagny is unable to present CAPT.BIKES with the regulatory documents (identity document), at the time of the conclusion of the rental contract and prior to the return of the Bike, the reservation and the rental will be cancelled. The Bike will immediately be rented out. In this case, the costs as defined in article 5.2 will be due.

Similarly, if the hire compagny does not show up within thirty (30) minutes following the time of the appointment and taking possession of the Bike, except in cases of force majeure, the reservation and the rental will be cancelled. The Bike will immediately be rented out.

In this case, the costs as defined in article 5.2 will be due.

9- Responsibility and obligations of the tenants

The Tenant, prior to his reservation, declares to have full legal capacity, allowing him to commit under these conditions.

The hire compagny releases Capt.Bikes from all liability for loss or damage to the personal property of the hire compagny and the persons accompanying him.

In the event of theft of the Bicycle or its equipment or accessories, or in the event of breakage, for any reason whatsoever, the hire compagny is required, as soon as he becomes aware of the facts, to:

Immediately report the disappearance of the Vélo de SARL Brian or the damage to the police or gendarmerie authorities; this declaration must be accompanied, where appropriate, by the filing of a complaint;
Notify Capt.Bikes immediately;
Send Capt.Bikes, within twenty-four (24) hours of discovering the theft of the Bike or the damage, the certificate of complaint.

In the event of an accident, the Tenant must:

If there are victims, immediately notify the police or gendarmerie authorities to have a report made;
In other cases, write a very legible joint report specifying the detailed circumstances of the accident, have it countersigned by the third parties involved in the accident, specifying the contact details of any witnesses. the Tenant undertakes to write an amicable report even in the absence of identified third parties.
Inform Capt.Bikes within twelve (12) hours;
Send Capt.Bikes within seventy-two (72) hours, either by hand to a Capt.Bikes representative, or by registered letter with acknowledgment of receipt, the documents relating to the claim, keeping a copy.

10- Tenant's right of withdrawal

In the event of distance selling, the Tenant has a period of 14 days from receipt of the booking confirmation to exercise his right of withdrawal.

This right of withdrawal can no longer be exercised in the event of provision of the rental service fully executed before the end of the withdrawal period and whose execution has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

If the Rental has already started before the expiry of the withdrawal period, the Tenant will be invoiced pro rata temporis.

Any request for withdrawal must be notified to the hire compagny within fourteen (14) days following the reservation of the Rental, by notifying the hire compagny of his decision to withdraw by means of an unambiguous declaration indicating his name, his address , phone number and email address:

  • By email to the email address: captbikeslocation@gmail.com
    Or
  • By registered mail with acknowledgment of receipt addressed to: Capt.Bikes 9, rue Verdun 56360 Le Palais.

The refund will be made within a maximum period of fourteen (14) days from receipt of the withdrawal request.

In accordance with article L221-24 of the Consumer Code, the hire compagny reimburses the Tenant for all sums paid, without undue delay and at the latest within fourteen (14) days.

The hire compagny makes this reimbursement using the same means of payment as that used by the tenant for the initial transaction, unless the tenant has expressly agreed to use another means of payment and insofar as the reimbursement does not give rise to costs for the Tenant.

11- Termination of the VAE rental contract by Capt.Bikes

Capt.Bikes reserves the right to terminate this Agreement if:

  • An accident or disaster occurring during the previous rental or an impediment beyond its control, cannot give the enjoyment of the Bike.
  • Natural disasters, fires, storms, floods, illness and, more generally, any unforeseeable event beyond the control of Capt.Bikes.
  • If necessary, Capt.Bikes will offer the hire compagny either:
  • The postponement of the rental to another date determined by mutual agreement;
  • The provision of another Bicycle according to availability at the time;
  • The full refund of the sums paid to the tenant under the Rental.

On the other hand, if the hire compagny is unable to present Capt.Bikes with the regulatory documents (valid identity document or passport and the required deposit), at the time of the conclusion of the rental contract and prior to the delivery of the Bike, the reservation and rental will be cancelled.

The Bike will immediately be rented out.

Similarly, if the hire compagny does not show up within thirty (30) minutes following the time of the appointment and taking possession of the Bike, except in cases of force majeure, the reservation and the rental will be cancelled.

The Bike will immediately be rented out.

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