1) La Maison du Vélo, hereinafter referred to as “the rental company”, reserves the right to assess the customer’s capacity and aptitude to use a bicycle as part of the rental service. The customer, hereinafter referred to as “the tenant”, declares to be suitable for cycling and to have no medical contraindications. He also declares that he is covered by civil liability insurance.

2) The “tenant” accepts this offer without reservation and undertakes to respect the contractual provisions of this contract.

3) Ownership

The rented equipment (bicycles and accessories) remains the exclusive property of the rental company for the entire duration of the rental. As such, the material cannot be seized by third parties. The tenant does not have the right to transfer it or sublet it to a third party. He cannot make any superficial or substantial modification to the material.

4) Responsibility

The tenant acknowledges that the rented equipment is in good working order and complies with the regulations in force at the time of rental.

The tenant undertakes to use it with care, not beyond its capabilities. In the event of a technical failure of the rented equipment, the tenant can only undertake repairs after the agreement of Maison du Vélo. Under no circumstances will the tenant be able to claim damages. The tenant declares that the users of the equipment are suitable for cycling and have no medical contraindications. He undertakes to ensure that they respect the Highway Code. If they contravene the laws and regulations in force, Maison du Vélo cannot under any circumstances be held responsible.

The rental transfers legal custody of the equipment to the tenant. This releases the Maison du Vélo from all responsibilities arising from the use of the rented equipment and any suggested itineraries, particularly with regard to accidents and damage caused to third parties. The tenant assumes total responsibility for the equipment from the moment it is picked up at our premises until it is returned.

He is solely responsible for any damage caused to the equipment or due to the equipment. In the event of a disaster, the equipment will be invoiced at the price of new equipment as well as the repair costs following the current rate.

5) Breakage & Theft Guarantees

5.a Definitions

Accident: Any sudden, unforeseeable event resulting from a cause external to the Guaranteed Good, caused or not by the user, and suffered by the Guaranteed Good.

Approved anti-theft: Anti-theft provided by Le Canal à Vélo - La Maison du Vélo.

Guaranteed property: The rented bicycle whose references appear on the Rental Contract.

Breakage: the risk of material damage altering the guaranteed property. Breakage can be partial (when the Guaranteed Good is repairable) or total (when the Guaranteed Good is irreparable).

Customer: Anyone renting a bike from Le Canal à Vélo - La Maison du Vélo.

Accidental material damage: Any destruction, total or partial deterioration, externally visible, detrimental to the use - in accordance with the manufacturer's standards - of the guaranteed Good and caused by an Accident.

Guarantee: The guarantees relating to the Contract, namely Breakage and Theft.

Negligence: Lack of precaution or prudence, intentional or not, which caused the Loss or facilitated its occurrence.

Natural disaster phenomenon: The phenomenon caused by the abnormal intensity of a natural agent (such as: flood, landslide, mudslide, drought, earthquake, etc.). The phenomenon of natural disaster must first be noted by interministerial order to give rise to the right to compensation, within the meaning of the Contract.

Fixed point of attachment: Fixed, immobile and frozen part, made of stone, metal or wood, attached to a solid wall or the ground, and from which the Guaranteed Good cannot be detached even by lifting or tearing.

Loss: Event likely to trigger the Guarantee.

Third party: Any natural person other than the Client, his spouse or partner, his PACS partner, his ascendants or descendants.

Wear and tear: Progressive deterioration of the Guaranteed Good due to use in accordance with the manufacturer's instructions for use or maintenance.

Value of the Good: The purchase value excluding tax, of the guaranteed Good

Theft: Fraudulent dispossession by a Third Party of the Property guaranteed either by assault or break-in.

Theft by aggression: Theft by means of threats or violence carried out by a Third Party; Burglary: Theft by forcing or destruction:

- any device for closing a permanent, enclosed and covered real estate premises, a home, a vehicle,

- or, outdoors, an approved Anti-Theft device connecting the Guaranteed Property to a fixed point of attachment.

5.b Purpose and limit of the guarantee

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

5.b.1 The subject of the guarantee

In the event of Breakage, the Guaranteed Good will be repaired or, if it is irreparable (the cost of the repair is greater than the Value of the Good), the Good will be reimbursed within the limits defined in article 1.2 and the conditions defined in Article 4 of this Agreement.

In the event of Theft, the Guaranteed Good will be reimbursed within the limits defined in article 1.2 and the conditions defined in article 4 of this Contract.

5.b.2 Limits of the guarantee

During the duration of the rental contract, the following is covered:

In the event of breakage: 1 (one) single loss per item guaranteed within the limit of the repair invoice excluding tax (which cannot exceed the value of the item) less a 10% excess and a minimum of €10 .

In the event of theft: 1 (one) single loss per Good guaranteed up to the value of the Good less the amount of the security deposit (see article 5.f)

5.c Exclusions

5.c.1 Common exclusions

Excluded in all cases:

- Losses linked to professional uses of transport of people or goods;

- the intentional or fraudulent act of any person other than a Third Party;

- Damage and theft occurring in the absence of hazard;

- Indirect damage or losses suffered by the Customer during or following a Loss;

- Claims arising from Negligence;

- The Client's civil liability;

- Original non-fixed accessories (meter, lighting system, bicycle pump, water container and panniers);

- Acts of war or civil war, riots, internal unrest, acts of violence for political reasons, terrorist attacks or acts, strikes, expropriations or interventions amounting to expropriation, seizures, natural disasters or nuclear energy.

5.c.2 Exclusions specific to theft

Excluded from the Theft Guarantee:

- Theft other than theft by assault or break-in;

- Break-in on public roads of Property not attached by an Anti-Theft Device to a fixed point of Attachment;

- The theft of electric bicycle batteries not equipped with an anti-theft system integrated into the bicycle frame and fitted as standard by the manufacturer.

5.c.3 Case specific exclusions

Excluded from the Breakage Guarantee:

- Any Damage resulting from a modification or transformation of the Property;

- Any damage linked to wear;

- Any Damage resulting from a fire, a natural disaster, lightning, or frost;

- Any damage linked to the breakdown of the battery of electric bicycles;

- Any Damage resulting from the prolonged effect of use (oxidation, corrosion, rust encrustation, clogging, scaling);

- Damage occurring during events, races, competitions;

- Any Damage falling under one of the legal guarantees incumbent on the manufacturer or distributor;

- Any damage resulting from non-compliance with the use and maintenance instructions contained in the manufacturer's instructions;

- Cosmetic damage, discoloration, pitting, stains, scratches, chips, peeling, dents, swelling or graffiti;

- Estimate or repair costs incurred by the Customer without the agreement of [Your company].

5.d Claim declaration and supporting documents

5.d.1 How to report a claim

As soon as he becomes aware of a Loss, the Customer must declare it at the latest:

- For the Breakage Guarantee, within 5 working days (except in fortuitous cases or force majeure);

- For the Theft Guarantee, within 2 working days. The claim declaration is made to the rental company.

5.d.2 What supporting documents should you provide?

The Customer must provide Le Canal à Vélo - La Maison du Vélo with:

In all cases :

- a sworn declaration relating the exact and detailed circumstances of the Loss (in particular date, time and location of the Loss);

In case of theft :

- a copy of the police report on which the circumstances of the Theft must be mentioned as well as the references of the Good (model/brand);

The Customer must:

In the event of theft on public roads:

- Provide the keys to the anti-theft device provided by Le Canal à Vélo - La Maison du Vélo.

Furthermore, the Customer must provide Le Canal à Vélo - La Maison du Vélo with any document that their Tulip insurance considers necessary to assess the merits of their request for compensation;

5.e Compensation terms

The claim will be covered if all the supporting documents presented in article 3.2 have been received and validated by Le Canal à Vélo - La Maison du Vélo. Otherwise, Le Canal à Vélo - La Maison du Vélo gives itself the right not to take charge of the Customer's claim and to deduct the amount due.

5. f Security Deposit

When the tenant subscribes to the Breakage and Theft Guarantee, the amount of the security deposit (see article 10) is lowered to €500/VAE, and to €150/bike for VTCs, children's bikes and other accessories subject to the Breakage guarantee. and theft.

In the event of breakage: the repair is invoiced after deducting a 10% excess and a minimum amount of €10 excluding tax.

In the event of theft: the security deposit is collected by the rental company

5.g Miscellaneous provisions

Territoriality: The Guarantee is acquired by the Customer for Losses occurring in mainland France.

False declaration: Any false declaration 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.

Specific bank charges: specific bank charges that may be linked to reimbursement procedures remain the responsibility of the tenant.

6) Reservation

Any reservation implies unreserved acceptance of our general rental conditions “Le Canal à Vélo”. All reservations must be made in writing, by mail, e-mail or fax, from the customer and will only be acceptable while stocks last. The equipment subject to an accepted reservation will remain available 120 minutes after the scheduled departure date and time.

7) Cancellation conditions

7.1 Cancellation of equipment rental

Cancellation more than 7 days before your departure: Reimbursement of your deposit with €5 management fee up to €100 deposit. Beyond that, 10% of the amount is retained.

Cancellation between 7 days and 48 hours of your departure: Refund of 50% of your deposit.

Cancellation within 48 hours of your departure or shortening of the rental period after the start of the rental: No refund.

Exception made :

- a local or national re-containment impacting you (Covid 19) or the contraction of the latter. (Proof of health insurance to be provided as a contractor or contact case).

- the death of the tenant or close family member (a death notice will be required in this second case)

- an accident or hospitalization preventing the continuation of the rental (medical proof will be required)

€5 management fee on reimbursement of up to €100 deposit. Beyond 10% of the amount is retained.

Free transfer in the form of a credit for a period of 1 year up to 24 hours before departure.

7.2 Cancellation of bicycle & luggage transport services

Cancellation after more than 7 days: meets the conditions of 7.1 Cancellation of equipment rental

Cancellation between 7 days & 48 hours before the date of the transport service: 50% cancellation fee on transport billing.

Cancellation less than 48 hours before the date of the transport service: 100% cancellation fees on transport billing.

8) Prices

The prices charged are those of the rate in effect on the day of rental. The VAT rate is that in force (20%) on all of our services.

9) Payment conditions

A deposit of 50 to 100% is required when booking (depending on the proximity of departure) and the balance on the day of delivery of the equipment. The tenant can pay by cash, check, credit card, holiday voucher or transfer. Any bank charges generated by the transfer, particularly from abroad, will be the sole responsibility of the customer. They will therefore be systematically re-invoiced by the Maison du Vélo to the tenant.

10) Security deposit

Prior to handing over the rented equipment, the contractor must pay a security deposit of a fixed amount for each bike/trailer rented. In the event of damage or non-return of (or part of) the rented equipment, the equipment will be invoiced at the price of the new equipment and their repair costs at the current rate (see Liability paragraph).

The security deposit may be cashed immediately and without notice in the event of non-compliance with this contract, and in particular in the following cases:

- Failure to return the equipment on the date stipulated in this contract.

- Failure to pay the invoice(s).

The security deposit will be returned to the contractor or destroyed at the end of this contract once all of the rented equipment has been returned and verified, and the invoice(s) have been paid.

11) Theft

11.a - Without taking out Tulip SAS insurance

In the event of theft of (or part of) the rented equipment, Maison du Vélo will be forced to invoice the equipment not returned at the price of new equipment according to the current rate (see Liability paragraph).

11.b - With subscription to Tulip SAS insurance

Refer to 5 - Breakage and theft guarantees

12) Computing and Freedoms

In application of articles 39 et seq. of the law of January 6, 1978 as amended, the tenant benefits from a right of access and rectification to information which concerns him. If he wishes to exercise this right and obtain communication of information concerning him, it is possible to make a request to: protectiondp@maisonduvelotoulouse.com, or by sending a letter to the following address:
Maison du Vélo – 12 bd Bonrepos – 31000 TOULOUSE.

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