General terms and conditions of sale
Bicycle rental and accessories
1. SCOPE OF APPLICATION
The company TOUS EN BICLOU is a rental service of equipment and accessories for bicycle touring and production and sale of recreational activities and leisure on bicycles (excursions, rides and adventures).
The use of the services offered by TOUS EN BICLOU implies full and unreserved acceptance of these general conditions (hereinafter “General Conditions”).
TOUS EN BICLOU reserves the right to modify its General Conditions at any time. Changes to the General Terms and Conditions shall be effective immediately upon notice to customers of such changes.
2. IDENTITY OF THE COMPANY AND THE MANAGER
TOUS EN BICLOU, a limited liability company with a share capital of 5,000 euros, registered in the MARSEILLE Trade and Companies Register under number 907 742 894 and whose registered office is located at 2 rue de la Loge – 13002 MARSEILLE (SIRET : 90774289400021 – Intra-community VAT number : FR60907742894)
Represented by its manager : Mr Cyril Hoccry-Lescarmure
- Realization : TOUS EN BICLOU
- Editorial coordination: TOUS EN BICLOU
- Director of publication: Jean-Baptiste Rufach & Cyril Hoccry-Lescarmure
- Contact: contact@tousenbiclou.fr
- Hosting company : Gandi.net
- Graphic design: Treize Gramme – https://13g.fr
- Photo credits : Rides, Bikes and landscapes : TOUS EN BICLOU
The SARL TOUS EN BICLOU is designated hereafter as the ” Renter “.
The subscriber of the Lease Agreement is hereinafter referred to as the “Tenant”.
Together, Landlord and Tenant are referred to as the “Party” or “Parties”.
The Classic Bikes or Electric-Assist Bikes, their accessories and basic equipment rented under these Terms and Conditions are referred to as “Equipment”, “Rented Equipment”, “Bicycle” or collectively as “Equipment”, “Rented Equipment” or “Bikes”.
The Rental Agreement between the Renter and the Hirer is referred to as the “Rental Agreement”, “Agreement” or “Rental”.
3. OBJECT OF THE CONTRACT
The purpose of these General Conditions is to set out the terms and conditions for the rental of bicycle touring equipment (classic bicycles, electrically assisted bicycles and accessories) offered by the Renter.
The Rented Equipment is made available to the Tenant within the framework of a Rental Agreement between the Renter and the Tenant.
The Contract specifies the conditions of provision of the Equipment, the commitments of the parties and recalls certain mentions of the General Conditions.
4. TENANTS AND USERS OF THE RENTED EQUIPMENT
The Rental Contract is concluded between the Renter and the Tenant of legal age.
It is neither assignable nor transferable. Lending or subletting the Rented Equipment is strictly prohibited.
Minors must be at least 14 years old and at least 1.45 meters tall.
They must be accompanied by a responsible adult.
The legal guardian agrees under these Terms and Conditions and each Rental Agreement to assume all liability for any damage caused directly or indirectly by the minor Tenant as a result of the Rental.
The Hirer acknowledges that he/she is fit to ride a bicycle and has no medical contraindications.
The Hirer shall hold valid personal liability insurance for the use of the Rented Equipment. A certificate may be requested by the Renter.
5. COMMITMENT OF THE LESSOR
The Hirer undertakes to supply new or used cycling equipment that has been regularly checked and maintained. It is given to the Tenant in perfect working order.
The Hirer undertakes to provide a Bicycle with basic equipment (bell, water bottle holder, functional lighting, rear luggage rack), as well as accessories provided for any Rental (helmet, folding code lock, code chain lock, front pannier, small repair kit for each group).
The Renter may provide additional services and accessories as a free or paid option (see pricing conditions), expressly designated in these General Conditions and in each Rental Agreement.
The Hirer undertakes to provide for the electrically assisted Bicycles, a recharged battery (at a sufficient level for the envisaged activity) and in good working order.
An inventory of fixtures is made between the Renter and the Tenant and is attached to this Agreement.
Prior to any Rental, the Renter agrees to check the main functional elements of the Bicycle: proper attachment of the saddle, pedals, proper functioning of the brakes, and draw up a general condition of the frame and tires.
It is nevertheless the responsibility of the Lessee to verify these main elements at the time the Leased Equipment is delivered to him.
The Rented Equipment remains the exclusive property of the Renter for the duration of the Rental.
6. LIABILITY, COMMITMENTS AND OBLIGATIONS OF THE TENANT
The Tenant declares that he/she accepts the Equipment defined in these General Terms and Conditions and each Rental Agreement in perfect working order and in good repair.
He undertakes to use it with all the necessary care.
Consequently, in the event of technical failure of the Equipment during the rental period, while the Equipment was in working order at the time it was delivered to the Hirer, the Hirer shall not be entitled to claim any damages from the Supplier.
In case of technical failure, breakage, accident or theft, the Hirer undertakes to inform the Rental Firm as soon as possible.
The Hirer is solely responsible for any damage or injury resulting from the use of the Equipment.
7. SUBCONTRACTING
The Tenant uses the Rented Equipment himself.
The latter may not be sublet to a third party under any circumstances.
8. WEARING A HELMET
A helmet is provided for all rentals.
Wearing it is mandatory.
In the event that the Hirer does not use the helmet, the Hirer alone shall bear the consequences thereof without the liability of the Renter being incurred.
9. CONDITIONS OF USE OF THE RENTED EQUIPMENT
The Renter agrees to use the Rented Equipment with all necessary care and not to use the Bicycle beyond its technical capabilities.
It is forbidden to carry a person or a load greater than 20kg on the rear luggage racks and child seats.
It is forbidden to modify the Equipment in any way whatsoever, including the Bicycles, or to add accessories other than those provided by the Renter.
The Renter must remain in control of his or her Bicycle and its speed at all times.
The Tenant agrees to comply with the instructions for protecting the property against theft, in particular by using the anti-theft devices provided with the Bicycle and by always attaching the Bicycle to a fixed support (bicycle rack, post, barrier, etc.).
Failure to observe these precautions will result in the Hirer’s civil liability in the event of damage caused to the Equipment or to third parties, without the Hirer being liable.
10. COMPLIANCE WITH TRAFFIC REGULATIONS
The use of the Equipment implies a strict respect of the Highway Code.
In case of infringement of the rules of the road, the Hirer will be held solely responsible for the consequences, the physical and material damage that he could cause.
11. RESPECT OF ROUTES AND TRAFFIC AREAS
The Hirer undertakes to use the Rental Equipment on routes that are suitable for the technical characteristics of the Rental Equipment: roads, bicycle paths, carriageways and tracks.
The Hirer agrees not to use paths that are not open to bicycles and those reserved for mountain biking.
The Hirer shall not hold the Rental Firm responsible for any incidents of any kind encountered while the Hirer is using the Equipment on circuits and routes that are not suitable or prohibited.
12. RETURN OF LEASED GOODS
The Tenant agrees to return the Equipment in its original condition and on the dates and times agreed to in the Rental Agreement.
If not, late payment penalties may apply.
If the Rented Equipment is not returned to the Renter within 24 hours of the end of the Rental Contract, the Equipment will be invoiced in full to the Tenant.
13. FAILURE AND REPAIR OF THE RENTED EQUIPMENT DURING USE
The Rented Equipment and its accessories are delivered in good working order.
In the event of a mechanical anomaly detected after the Equipment has been picked up, the Hirer undertakes to inform the Rental Firm immediately after the discovery of the anomaly
Otherwise, the Equipment shall be deemed to have been delivered in good working order.
In the event of a proven technical problem that is not the responsibility of the Tenant, the Tenant may request a replacement of the rented Equipment in the TOUS EN BICLOU store, subject to availability.
From a general point of view, it is strictly forbidden for the Hirer to carry out any repairs or work on the rented Equipment on his own initiative without prior instructions from TOUS EN BICLOU.
The only exception is the repair of possible punctures. In this case, the Renter is responsible for carrying out the repair himself using the puncture kit provided by the Renter (patch, change of inner tube, puncture repair spray).
In case of need of a repair, the Hirer will have to bring back by his own means the rented Equipment to the TOUS EN BICLOU store. The bicycle will be repaired or exchanged. Only the Hirer is able to judge whether a repair is due to normal wear and tear, a hidden defect and therefore at the Hirer’s expense or whether the repair is due to damage suffered by the Equipment during the Hire, and therefore at the Hirer’s expense, and to make the Hirer bear the corresponding repair costs.
The Hirer reserves the right to either deduct the amounts due from the security deposit or to charge the customer at the current rate (available on the internet and displayed in the store).
The Tenant rents the Equipment in perfect working order. In the event of a mechanical problem, he/she must ensure that the Equipment is returned or repatriated to the original rental location or any other location agreed upon by both parties and included in the Contract.
Otherwise, a penalty fee for the repatriation of the Material will be applied.
14. CONTRACT SUBSCRIPTION – GENERAL FRAMEWORK
14.1. PRESENTATION OF AN IDENTITY DOCUMENT AND COLLECTION OF PERSONAL DATA
For any Rental of Equipment, the Hirer must present a valid ID.
The Renter reserves the right to retain a copy of the documents.
Personal data specific to the Tenant are compulsorily collected in order to establish the Contract: name, first name, address, telephone number, date of birth.
TOUS EN BICLOU’s confidentiality policy is available online and in the store, notably in the General Conditions of Use on the TOUS EN BICLOU website.
14.2. DURATION OF THE LEASE / EXTENSION / TERMINATION OF THE CONTRACT
Each Agreement is entered into for the term of the Rental.
The price of the Rental Equipment depends on the duration of the rental chosen when the Contract is signed.
If this period is shortened by the Hirer for any reason beyond the control of the Rental Firm or the condition of the Rental Equipment, then the full rental price shall be due.
The Tenant must return the Rented Equipment at least 30 minutes before the closing time of the rental service (times available online and displayed in the store), on the day of the end of the rental period.
He may then, if he wishes and depending on availability, renew his Rental after presenting the Rented Equipment to the Renter.
For half-day or full-day rentals, the Equipment must be returned on the day of the rental.
At the end of the rental period, in the event of non-return of the rented Equipment, the delay or non-return will be subject to penalties (see the table relating to rates and penalties).
14.3. RATES AND PAYMENT METHODS
The reservation of the Equipment can be made in the store, by telephone, by e-mail, on the website of the Hirer or on the online store of the Hirer.
Payment can be made in two ways:
- The payment of the totality of the service at the time of the subscription of the Contract of Hiring, possible whatever the formula chosen;
- If the reservation is made in advance, the payment of a deposit of 30% at the time of the reservation, the remaining balance due to be paid on the day of the actual rental of the Material, corresponding to the entry into possession of the rented Material;
Regardless of the payment method chosen, the Tenant is required to pay the full amount of the Rental in full prior to using the Equipment.
The rates for the Rental, the deposits, the repair costs and the penalties for late return of the Equipment are available online on the website www.tousenbiclou.fr and displayed in the store.
The prices invoiced are those in effect on the day of the rental. The Hirer reserves the right to modify his rates at any time. However, the price of a rental cannot be modified during the rental period.
The Hirer informs the customers on his website and by way of display in the store.
In the event of a renewal of the Rental, the new rates will only be applied at the time the Tenant begins a new Rental period.
The means of payment accepted by the Tenant are: cash, check, credit card, online payment.
14.4. CANCELLATION OF THE RESERVATION
The Tenant may cancel the reserved rental only in the following cases:
- Two (2) weeks before the beginning of the Rental, which corresponds to the entry in possession of the Rented Equipment: no cancellation fees (except for a retention of the amount of the reservation and payment commissions established by the providers);
- Between 2 weeks and 24 hours before the beginning of the rental period, which corresponds to the beginning of the rented equipment: The Hirer may apply a cancellation fee of 30% of the total amount of the service;
- In the last 24 hours before the beginning of the Rental, which corresponds to the entry in possession of the Rented Equipment: the Hirer will apply a cancellation fee corresponding to the total price of the service;
In the event of an impediment justified by the Hirer and having the characteristics of force majeure, or if the weather conditions prevent the practice of the activity (storms, thunderstorms and violent winds), no cancellation fee will be applied and a credit voucher will be offered by TOUS EN BICLOU.
14.5. DEPOSIT OF GUARANTEE
Prior to the delivery of the rented equipment, the Hirer must deposit a security deposit, a piece of identification, and a credit card deposit for each bicycle.
The rate of the bank guarantees and security deposit differs according to the Rented Equipment and are available online or by display in the store.
Upon return of the rented goods, if no damage, loss or theft is noted, the security deposit is cancelled and returned to the Tenant.
The Tenant authorizes the Hirer to deduct from the bank deposit or the security deposit the sums due for the repair of damages and thefts, in accordance with the repair rates applied during the period.
It is agreed that the amount of the bank guarantee and the security deposit shall in no case constitute a limit of guarantee. The lessor retains, if necessary, the right to sue the lessee in order to obtain full compensation for its loss.
14.6. THEFT OF RENTED EQUIPMENT
In the event of theft, the Renter must provide proof to the Renter within a maximum of 24 hours after the theft, of a complaint filed at a police station or gendarmerie.
TOUS EN BICLOU may provide, at the request of the Tenant, proof of payment from the insurance company.
If the stolen Bicycle is returned to the Renter, the Tenant who has complied with the above procedure will be reimbursed the amount of the security deposit, less any costs of repairing the Equipment.
It is imperative that the Tenant scrupulously respects the instructions in order to avoid theft of the Equipment.
He/she must always supervise the Material when it is not tied up.
When the Renter wishes to carry out an activity or a trip that requires the Rented Equipment to be parked, particularly the Bicycles, he/she must use the anti-theft system provided by TOUS EN BICLOU.
Any breach of these instructions may result in the refusal of coverage by the tenant’s insurance company.
In order to reinforce the security of its equipment, TOUS EN BICLOU bikes are equipped with GPS trackers of the TRACKAP® brand for the fleet of electrically-assisted touring bikes, and of the INVOXIA ® brand for the classic touring bikes.
The data collected by these devices is completely anonymous. They are used only for statistical purposes, maintenance or to find the Bicycles in case of theft.
14.7. INVOICING TO THE TENANT
In the event of non-compliance with the clauses of these GENERAL CONDITIONS and those of the Rental Agreement, the user may be required to pay the following invoices:
- Invoice for the price of the new bike, including VAT, in the event of failure to return the bike;
- Invoice of an amount equivalent to the restoration and repair of the Bicycle ;
- Invoice for late penalties.
The Tenant may naturally turn to his or her insurance company if any of the reasons for billing are covered by his or her insurance.
14.8. RETURN OF RENTED EQUIPMENT – SCHEDULES
The return of the Rented Equipment is done during the opening hours of the TOUS EN BICLOU store, available online and displayed in the store, and in accordance with what was agreed in the Contract.
15. FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described in these General Terms and Conditions, is due to a case of force majeure, as defined in Article 1218 of the Civil Code.
16. APPLICABLE LAW / LANGUAGE
The present General Conditions and the operations resulting from them are governed by French law.
They are written in French.
In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
17. COMPLAINTS
Any claim must be made to TOUS EN BICLOU, at the address mentioned in article 2 of these General Conditions.
18. DISPUTES AND AMICABLE SETTLEMENT OF DISPUTES
All disputes to which the operations concluded in application of the present General Conditions could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved amicably between the Hirer and the Hirer shall be submitted to the competent courts under the conditions of common law.
Under penalty of inadmissibility of the legal claim, the Parties are obliged to try to settle their dispute amicably before bringing the matter before the competent court.
19. PRE-CONTRACTUAL INFORMATION AND ACCEPTANCE OF THE CUSTOMER
The fact that a consumer Tenant contracts with the Hirer implies full and complete acceptance of these General Terms and Conditions and obligation to pay for the rental, which is expressly recognized by the Tenant, who waives, in particular, the right to invoke any other document that would be unenforceable against the Hirer, with the exception of the General Terms and Conditions of use present on the website
The Tenant acknowledges having been informed of these General Terms and Conditions in a clear and comprehensible manner prior to the conclusion of the Rental Agreement.
Terms and conditions of rental – applicable as of May 25, 2022
