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Your Capt-bikes brand offers you an electric bike rental service.
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 contract concluded between the companies of SARL BRIAN Enseigne Captain Bikes (hereinafter referred to as “SARL BRIAN “CAPTAIN BIKES”” or the “Rentor”) and the customer (hereinafter referred to as the “Renter”).
2- The Tenant
In order to benefit from the rental contract, the signatory must imperatively be of legal age, declare themselves fit for cycling and have no medical contraindications.
Persons other than the Renter 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 Renter, 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.
3- Rental terms: booking, payment, prices, duration, deposit, availability, support
The Tenant can make reservations via the website www.captain-bikes.fr, at the rental point, or by telephone.
In the case of an online reservation, the tenant may pay the full amount or a 30% deposit online.
In case of cancellation:
– 48 hours before the start of the rental, SARL BRIAN “CAPTAIN BIKES” reserves the right to claim cancellation fees in the amount of 30% of the total amount of the reservation.
– the day before the start of the rental, SARL BRIAN “CAPTAIN BIKES” reserves the right to claim cancellation fees in the amount of 50% of the total amount of the reservation.
– on the day of the rental, SARL BRIAN “CAPTAIN BIKES” reserves the right to claim cancellation fees in the amount of 100% of the total amount of the reservation.
Cancellation fees will not be paid when the cancellation is caused by the duly justified illness of the Tenant or by proven detestable weather conditions (with gusts of more than 90km/h, storm).
b) Terms of rental/payment/Methods of payment:
The Tenant goes to a dedicated rental point 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”) is made upstream when booking online (payment on account or in full) or when taking charge of the VAE and Accessories, by credit card, check -holiday or cash only.
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.
At the time of delivery of the VAE and Accessories, an inventory will be made and signed jointly between SARL BRIAN “CAPTAIN BIKES” and the Tenant.
SARL BRIAN “CAPTAIN BIKES” provides the Tenant with one or more VAEs and their accessories under the pricing conditions in force on the day of signing the rental contract.
These rates are described on the website www.captain-bikes.fr or at a dedicated rental point and according to defined time slots.
Rental prices are subject to change.
d) Duration of rental / return:
The Renter 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 “CAPTAIN 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 “CAPTAIN BIKES” reserves the right to apply the schedule of repairs and maintenance in the appendix.
In the case of a return of the electric bicycles in a station different from that agreed at the start, SARL BRIAN “CAPTAIN BIKES” reserves the right to charge a fixed price for the repatriation of 15€ including tax per bicycle.
e) Deposit / Security Deposit:
As a guarantee of the proper performance of his obligations by the Tenant, the latter must pay a deposit or Guarantee deposit to SARL BRIAN “CAPTAIN BIKES” in the amount of 500 euros per VAE by credit card and leave an identity document during rental time. Photocopies will not be accepted – name on credit card and ID must match.
This deposit is not cashed during the rental period. SARL BRIAN “CAPTAIN BIKES” reserves the right to keep the deposit for 24 hours.
Upon return of the Leased Goods, the deposit is returned to the tenant after deducting any damage provided for in article 7.
By express agreement, the security deposit is assigned to SARL BRIAN “CAPTAIN BIKES” in full ownership up to the sums due by the Tenant to SARL BRIAN “CAPTAIN BIKES” in the event that the Tenant does not pay any amount on its due date. due to SARL BRIAN “CAPTAIN BIKES”.
The Tenant authorizes the Lessor to deduct from the deposit the sums due:
– under the deductible
– for repair of damage and theft, the costs of which are set out in the appendix: “nomenclature 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 lessor retaining, if necessary, the right to sue the tenant in order to obtain full compensation for his damage.
To ensure better availability of bicycles, we recommend that you make a reservation request for a service marketed by SARL BRIAN “CAPTAIN BIKES” at least 48 hours in advance (working days) and for a reservation with support, it is It is advisable to make the reservation request at least 5 working days before the desired departure.
The guide decides the pace of the visit, the breaks and the itinerary, which he will adapt according to the ability of the participants. The guide reserves the right to cancel the visit, or to modify the route if security requires it or at the request of the participants.
4- Condition of VAE and Accessories, maintenance and repair
The lessee 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 lessee 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 Lessee 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 “CAPTAIN BIKES”.
Repairs, exchanges of parts or tires resulting from normal wear and tear are the responsibility of SARL BRIAN “CAPTAIN BIKES” and will be carried out by him.
Repairs, exchanges of parts or supplies and/or accessories resulting from negligence or fault on the part of the Tenant or of any authorized users always remain the responsibility of the Tenant according to the pricing shown in the appendix.
In the event of immobilization, the VAE and Accessories will then be brought back to the dedicated Rental point, by the Tenant and at his expense, which will include the costs of removal and 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 the VAE and Accessories
As of the provision of the VAE(s) and the Accessories, 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 Renter is solely responsible for violations of the Highway Code relating to the driving or guarding of the VAE and Accessories, or any other violation of the legislative, fiscal and regulatory provisions in force, committed during the duration of the rental. contract.
The Tenant is responsible for fines, reports and fines and undertakes to reimburse the amount to SARL BRIAN “CAPTAIN BIKES” if the latter were required to make an advance.
In the event of intervention by SARL BRIAN “CAPTAIN BIKES” in the payment of these fines, tickets or fines, will invoice the Tenant a lump sum of 25 Euros per intervention for administrative costs.
The Tenant undertakes to take all measures to avoid deterioration, theft or fraudulent embezzlement of the EAB(s) and Accessories.
In particular, he undertakes, when the VAE and the Accessories is/are parked, to attach it to a fixed element using the lock provided by SARL BRIAN “CAPTAIN BIKES”.
The Tenant uses the Bicycles and Accessories as a good father and taking all the precautions that SARL BRIAN “CAPTAIN BIKES” is entitled to expect.
The Tenant acknowledges having received and taken cognizance of the handling of the electrically assisted bicycle and in particular the instructions for recharging;
The Tenant undertakes to respect the following indications: The transport of a person on the luggage rack is strictly prohibited. Children (maximum weight 22 kg) must be transported in a child seat. The baskets (if the Tenant opts for) are reserved for the transport of non-bulky objects, within the limit of 2 kg.
The Tenant undertakes not to modify or add anything to the VAE and the Accessories.
The Renter acknowledges having read the fact that SARL BRIAN “CAPTAIN BIKES” provides helmets for each rented electric bike and strongly advises adults to wear helmets, for safety reasons. For minors under the age of 12, wearing a helmet has been compulsory since March 22, 2017.
SARL BRIAN “CAPTAIN BIKES” cannot be held responsible in the event of the customer’s refusal to wear a helmet.
The VAE(s) and its Accessories must not be used in an abnormal manner, in particular:
– outside motorized roads (except mountain biking);
– for the transport of passengers for a fee;
– for subletting;
– for towing or pulling any object, apart from those rented by SARL BRIAN “CAPTAIN BIKES”;
– for the transport of a passenger, except for the transport of a young child provided that an approved seat is installed.
– for the transport of flammable, explosive, corrosive, oxidizing, radioactive materials or sources of ionizing radiation
The VAE(s) and the Accessories must be returned in the same working condition and appearance as when they were made available, with the tires in good condition. Failing this, any costs for repairing the VAE(s) and the Accessories will be borne by the Tenant.
If the Tenant wishes to transport the VAE and its accessories by his own means, SARL BRIAN “CAPTAIN BIKES” declines all responsibility for the operation and safety of the bicycle after loading.
Also, the Tenant must:
– inform SARL BRIAN “CAPTAIN BIKES” beforehand,
– test the material before loading it,
– establish a precise inventory of fixtures and embellished with photos,
– ensure that the rented VAE(s) are not damaged during transport using the appropriate means.
6- Conditions of Use, custody and return of the Accessories
The installation and removal of the Accessories are carried out by SARL BRIAN “CAPTAIN BIKES” upon taking possession and returning them.
As from the provision of the Accessories, the Tenant has custody of the Accessories and is solely responsible for them and the consequences that may result from their use.
The Tenant undertakes to take all measures to avoid the deterioration, theft or fraudulent embezzlement of the Accessories. He is responsible in the event of theft, damage or loss of the Accessories.
The Tenant uses the Accessory(ies) in compliance with the regulations, as a good father and taking all the precautions that BSD is entitled to expect.
The Accessories must be returned in the same condition as when they were made available.
Otherwise, any repair costs will be borne by the Tenant.
The rental is granted for the fixed term appearing on the rental contract.
No refund will be made if the Tenant returns the accessory(ies) before the scheduled rental end date.
7- Liability – Damage to rented property – Theft
The Renter is personally liable for the damage he causes during the use of the VAE(s) and the Accessories. The Lessor’s liability cannot be called into question for damage suffered or caused by the VAE(s) and the Accessories, unless it is proven that this damage is due to an internal defect or a lack of maintenance of the/ pedelecs and accessories.
The tenant declares to be the holder of a personal civil liability insurance which guarantees the liability incurred during the use of the rented Goods by himself, the persons in his care and his employees.
The tenant therefore does not benefit from any coverage for damage suffered by the rented item and is personally liable for said damage, breakage, loss and theft.
In case of breakage: the tenant agrees to return the damaged equipment and it must be recognizable and complete. The damage suffered by the equipment will be invoiced to the tenant according to the current tariff annexed to this contract.
In the event of theft and loss of equipment, the theft and loss of equipment are not covered.
Consequently, the equipment will be invoiced to the tenant on the basis of its new value minus the obsolescence (cf article obsolescence of 20% per year). 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.
8- Obligations of the Tenant in the event of accident or theft
The Tenant undertakes to inform SARL BRIAN “CAPTAIN BIKES” of the loss, in all cases, as soon as possible and at the latest within 24 hours (twenty-four hours) of the occurrence of the loss.
The Tenant further agrees:
a) In the event of an accident, to be addressed within 48 hours (forty-eight hours), or 2 days (two working days) to SARL BRIAN “CAPTAIN BIKES”, even in the event of only material damage suffered by the VAE(s). and Accessories, the original of the accident report duly and legibly completed (failing this, the declaration of loss including all useful details on the circumstances of the loss, the contact details of the driver of the AE Bicycle(s), those of the adversary and his insurer as well as those of witnesses, damage suffered by the Vehicle(s) and/or Accessories);
b) In the event of theft of the VAE(s) and Accessories, of vandalism, the Tenant is required to declare the theft or vandalism as soon as the damage or disappearance is observed to the police or gendarmerie authorities, to declare and provide the certificate of complaint to SARL BRIAN “CAPTAIN BIKES” within 48 hours (forty-eight hours) or 2 days (two working days) of the finding of the damage or disappearance.
In the event of theft from inside a vehicle, a declaration must have been sent to the car insurer of the vandalized vehicle. In all cases, a copy of this declaration as well as a copy of the general and specific conditions of the automobile insurance of the vehicle concerned must be sent to the broker.
9- Rental assistance
The tenant rents the VAE in perfect working order. A repair kit is provided for each rental to deal with a puncture. The renter is therefore responsible for returning the VAE to the starting point of rental.
However, the tenant can benefit from assistance from the Lessor in the event of breakage of the bicycle, incident or accident to repatriate the bicycle to the starting point.
Repatriation assistance is free in the event of problems inherent to the bicycle, linked to poor maintenance or a manufacturing defect. Apart from these cases of coverage, problems such as derailment, battery depletion during a rental for more than one day, breakage following improper use are not covered. In these cases, the tenant will bear the cost fixed at a flat rate of 100 Euros including tax per intervention.
This assistance is possible during the opening hours of the stations. It is geographically restricted to roads accessible to motor vehicles. Otherwise, the tenant will make his best efforts to reach an accessible road.
10- Authorization to publish photographs
During the course of the rental, photographs of the Tenants may be taken.
The Renter is informed and accepts that the photographs in which he appears may be published by SARL BRIAN “CAPTAIN BIKES” on its website and on social networks such as Facebook, Instagram, Twitter…, for promotional purposes.
The Tenant not wishing that photographs on which it appears, be published by SARL BRIAN “CAPTAIN BIKES” on its website, must inform SARL BRIAN “CAPTAIN BIKES” before the start of the service or a posteriori by sending an e- mail to the following address firstname.lastname@example.org.
11- Miscellaneous provisions
In the event of non-performance by the Tenant of any of his contractual obligations, SARL BRIAN “CAPTAIN BIKES” may automatically terminate the rental early, without prejudice to any other rights. This contract is subject to French law.
Accident: Any sudden, unforeseen event external to the damaged property and constituting the cause of the damage.
Accidental material damage: Any deterioration or destruction of the VAE 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 VAE(s) and the Accessories mentioned on the rental contract
Break-in: Forcing or destruction of the referenced anti-theft device linking the cycle to a fixed point of attachment on the public highway.
Referenced lock: For all cycles, a U-type lock, a chain-type lock, an articulated-type lock, a cable-type lock of at least 10 mm in diameter.
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.
13- Data Protection Act
Pursuant to Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms amended by Law No. 2004-801 of August 6, 2004, the Tenant is informed and accepts that:
1°) The personal data transmitted may be used for the purposes of surveys, analyzes or in the context of commercial operations by SARL BRIAN “CAPTAIN BIKES”.
2°) He benefits, in accordance with the aforementioned law, from a right of access, modification and withdrawal of data concerning him, on simple request to the SARL BRIAN Enseigne Captain Bikes company concerned.
In the event of any dispute relating to the execution, interpretation or termination of this contract, the competent Court will be that of the registered office of the lessor LORIENT to which the parties attribute exclusive jurisdiction.