IT HAS BEEN PREVIOUSLY EXPOSED WHAT FOLLOWS
Article 1 - Purpose
OKO PLANET (hereinafter referred to as "the Lessor") has a fleet of bicycles that it offers for rent
The purpose of this agreement is to determine the terms and conditions under which the Landlord rents to the Tenant the bicycle(s) and equipment listed in the special conditions (hereinafter referred to as "the Bicycle", regardless of their number).
This rental, which is not subject to any particular regime, is subject only to the provisions of the Civil Code on rental
Article 1 - Reservation terms and conditions
Any rental of a Bicycle gives rise to the conclusion of a rental contract which includes general and special conditions, the whole forming an indivisible whole.
The reservation becomes final only upon signature of the contract by both parties and upon receipt of the deposit, the amount of which is specified in the special conditions.
The name of the Tenant indicated on the rental contract is that of the principal Tenant, who must be present at the time of signing the contract and to whom the costs related to the rental will be invoiced.
In the event of the rental of several Bicycles, the Tenant shall be solely responsible for compliance with all obligations related to this agreement by all users of the Bicycles to whom he entrusts them.
Article 2 - Tenant's conditions and required documents
The Hirer declares that he/she is fit to ride the Bicycle and is not aware of any medical contraindication. He is required to verify the physical fitness of the persons to whom he entrusts the bicycles under this contract, which is his sole responsibility.
The Lessor shall not be held liable for any damage caused by the Lessee's inaptitude.
Upon delivery of the Bicycle to the Tenant, the Landlord transfers legal and physical custody of the Bicycle for the duration of the Agreement and until the Bicycle is actually returned. The Tenant shall be liable as custodian of the Bicycle for any damage caused to or suffered by the Bicycle under any circumstances, regardless of the cause of the damage, even if it is due to an act of God or force majeure.
In no event shall the Lessor be liable for any injury or damage to property resulting from the use of the Bicycle by the Lessee or any person authorized by the Lessee.
Article 3 - Deposit and payment of the rental
At the time of reservation, the Hirer shall be required to pay a deposit, the total amount of which is set forth in the Special Conditions. The balance of the rental service must be paid at the time of taking possession of the rented Bicycle, at the place agreed between the Parties
For rentals to professionals, in the event of non-payment or unpaid invoices, the Hirer expressly accepts the forfeiture of the term for unpaid invoices and the termination of the contract by operation of law, as well as the immediate return of the Bicycle(s) being rented
In the event that the payment deadline is exceeded (invoice due date), the Hirer shall be liable for a late payment penalty on the amount due, calculated at the legal interest rate in force plus EIGHT (8) percentage points
Article 4 - Modification of the reservation
As of the signing of the Rental Agreement, the dates and conditions of the rental may not be modified without the prior express written consent of the Landlord.
If the Tenant does not take possession of his or her Bicycle within FOUR (4) hours of the date and time of the reservation mentioned in his or her reservation, the Rental shall be deemed to have been cancelled by the Tenant, who shall then be required to pay the full amount of the reservation.
In the event that the Landlord is unable to rent the Bicycle to the Tenant on the scheduled rental date, the Landlord undertakes to reimburse the Tenant in full for the deposit paid by the Tenant. The Renter may not claim any other compensation.
Article 5 - Security deposit
In order to take possession of the Bicycle, the Tenant shall pay the Landlord a security deposit, the amount of which is set forth in the Special Terms and Conditions of the rental. This deposit is intended to guarantee the Lessor's payment for the rental, plus any financial liability the Lessee may incur in the event of damage to or deterioration of the Bicycle or its equipment or in the event of theft
It will be used to return the Bicycle to the condition in which it was at the time of pick-up and as noted in the inventory report.
Article 6 - Provision of the Bicycle
The Lessor undertakes to bring the reserved Bicycle(s) to the Lessee, at the address agreed upon at the time of the reservation, on the day and time indicated, in apparent good working order and provided with its repair kit.
All rented Bicycles are equipped with a repair kit including a puncture-proof spray.
The Bicycles, equipment and accessories are deemed to be in compliance with the regulations in force at the time of their rental and in good working order. The equipment and accessories are fixed in accordance with the safety standards in force on the day of rental
The Hirer is required to verify the presence of all of this equipment at the time of delivery of the Bicycle and the signing of the inventory
In the event of failure to return any of this equipment, the Landlord shall charge the Tenant a flat-rate penalty of €50 (including tax) in the event of incomplete return.
On the day the Bicycle is made available, the Parties shall jointly draw up an inventory of the Bicycle and its equipment, indicating any damage.
By signing the inventory, the Hirer accepts the Bicycle in the condition in which it is found, and considers that it complies with the initial description. He/she undertakes to return it in the same condition
In the event of technical anomalies or defects that are not apparent, the Tenant must notify the Landlord within FIFTEEN (15) minutes of departure. If the Lessee fails to do so, the Bicycle shall be deemed to have been returned in good working order
Article 7 - Return of the Bicycle
The rental period shall end with the actual return of the Bicycle and accessories to the Lessor, at the place and time stipulated in the rental agreement
Only the signing of the return report shall terminate the rental agreement
The Tenant's attention is hereby drawn to the fact that the Landlord schedules his rounds for the provision and return of his bicycles and commits himself to precise schedules with respect to his clients. It is therefore an essential condition of this lease that the Tenant return the bicycle strictly in accordance with the terms and conditions provided.
Thus, if the Tenant is not present at the agreed upon meeting place at the time stipulated in this contract, the Landlord reserves the right to charge the Tenant a penalty of 50 euros per day of delay.
If the Tenant is more than FIVE (5) minutes late with respect to the agreed upon return time, the Landlord shall attempt to contact the Tenant and shall continue its tour. The Tenant shall then be responsible for contacting the Landlord again to schedule a new pickup time.
The Bicycle must be returned in the same condition as when the Tenant took possession of it. In the opposite case, the Lessor reserves the right to charge a fee for the return and repair of the Bicycle. All damages shall be charged to the security deposit. If the deposit is insufficient, the Landlord shall invoice the Tenant for the excess amount and the Tenant shall pay the invoice upon receipt.
Repairs and any loss of the Bicycle shall be invoiced to the Tenant upon presentation of a repair or purchase invoice.
Article 8 - Use of the Bicycle
The Tenant agrees to use the equipment with care and within the limits of its capacities, to comply with the instructions for use and safety that are customary and in force, and to use the rented bicycle only under normal conditions.
The Hirer agrees to return the bicycle in its original condition on the date, place and time agreed upon in the special conditions.
The Hirer declares that he/she is subject to the Highway Code and undertakes to
Initials to respect it strictly
If the Tenant contravenes the laws and regulations in force during the rental period, the Landlord shall not be held responsible under any circumstances.
The Tenant agrees to do everything possible to prevent theft or damage to the rented bicycle
To this end, regardless of the length of time the bicycle is parked, the Tenant agrees to attach it to a fixed point using the anti-theft device provided
The Tenant agrees to :
- to use the Bicycle reasonably, under normal conditions of use ;
- to use the Bicycle only on roads that are suitable for traffic;
- to use the Bicycle in accordance with the provisions of the Highway Code
- not to use the Bicycle under the influence of alcohol or drugs or any other substance that affects consciousness or the ability to react;
Finally, since the Bicycle is electrically assisted, the Renter is informed upon departure as to the battery life. In case of battery depletion, the Lessor is not responsible.
Article 9 - Accidents and Theft
In the event of technical failure of the Bicycle during the term of the contract, the Tenant may not undertake any repair work on his own initiative. He must inform the Lessor, who will then give him all the necessary instructions. Only flat tires may be "repaired" directly by the Tenant using the kit provided by the Landlord.
The bicycle shall be replaced by a bicycle of the same type, subject to availability and in the absence of fault on the part of the Tenant, for the remaining period
The Tenant may not claim reimbursement of expenses or invoices, nor damages
In the event of damage to the bicycle, even if such damage does not require immediate repair, the Tenant shall inform the Landlord immediately upon becoming aware of such damage.
In the event of an accident, the Tenant must immediately notify the Landlord. An accident report, whether the Tenant is responsible or not, shall be provided to the Landlord, except in cases of Force Majeure, as soon as possible and in any event before the end of the rental agreement
The Tenant shall take all reasonable steps to complete the accident report in a legible and usable form signed by both parties. If this is not possible, the Tenant shall provide the Landlord with the police or gendarmerie report drawn up at the time of the Accident
Failing this, and except in the event of force majeure making it impossible to provide a report within the aforementioned time period, as in the event that the insurance companies refuse to cover the damage caused to the Bicycle, the Tenant shall be liable for all damage attributable to him/her, in particular damage to the Bicycle within the limit of its market value increased by the expenses and costs related to its immobilization
In the event of theft, the Tenant must provide proof to the Landlord within 24 hours of the theft of a
A complaint must be initialed within 24 hours at a police station or gendarmerie
If the stolen Bicycle is subsequently returned to the Lessor, the Tenant who has complied with the above procedure shall be reimbursed the amount of the deposit collected, less any costs incurred to repair the Bicycle
Article 10 - Insurance and Assistance
The Tenant and any person to whom the Tenant allows the use of the Bicycle must be covered by third party liability insurance. The Tenant shall hold the Landlord harmless from any liability arising from the use of the Bicycle, in particular with respect to accidents and damage caused to third parties as a result of the use of the Bicycle. The Bicycle remains the exclusive property of the Lessor for the entire duration of the rental.
Article 11 - Unforeseen circumstances
In the event of a change of unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
However, if the change in circumstances unforeseeable at the time of the conclusion of the contract is definitive or lasts beyond THIRTY (30) days, the present contract will be purely and simply cancelled according to the terms defined in the article "Resolution for unforeseeability".
Article 12 - Exception of non-performance
It is reminded that in application of the article 1219 of the Civil Code, each Party will be able to refuse to execute its obligation, even if this one is due, if the other Party does not execute its own and if this non-execution is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance
The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it for this purpose by the Party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of sending.
However, if the impediment is definitive or lasts for more than one month from the date on which the impediment is established by the notification made, the present contract will be purely and simply terminated in accordance with the terms and conditions defined in the article Resolution for failure by a party to fulfil its obligations.
Article 13 - 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 herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code. The Party noting the event shall immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
The performance of the obligation shall be suspended for the duration of the force majeure if it is temporary and does not exceed TWENTY-FOUR (24) hours. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented Party shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or e-mail with acknowledgement of receipt. If the impediment is definitive or exceeds a duration of TWENTY-FOUR (24) hours, the present contract shall be purely and simply terminated in accordance with the terms and conditions defined in the article "Termination for force majeure".
Article 14 - Resolution of the contract
14.1 Resolution for unforeseen circumstances
Termination due to the impossibility of performing an obligation that has become excessively onerous may only take place, notwithstanding the clause "Termination due to failure of a party to perform its obligations" set out below, FIFTEEN (15) days after formal notice has been sent declaring the intention to apply this clause, notified by registered letter with acknowledgement of receipt or by any extrajudicial act.
14.2 Termination for force majeure
Termination by operation of law for reasons of force majeure shall not, notwithstanding the clause Termination for failure of a party to meet its obligations set out below, take place TWENTY-FOUR (24) hours after the sending of a formal notice notified by e-mail with acknowledgement of receipt or any extrajudicial act.
However, this formal notice shall mention the intention to apply this clause.
14.3 Termination for failure of a party to meet its obligations
In the event of non-compliance by either party with any of its obligations, including, but not limited to, failure to pay the reservation price when due, failure to return the Bicycle on time, or any other provision of this Agreement, this Agreement may be terminated at the option of the defaulting party.
The defaulting Party may then notify the defaulting Party by registered letter or e-mail with acknowledgement of receipt of the termination of the present contract, TWENTY-FOUR (24) hours after a formal notice to perform has been sent without result. The same shall apply in the event of a sufficiently serious breach by one of the parties of its obligations pursuant to the provisions of Article 1224 of the Civil Code.
14.4 Provisions common to cases of termination
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement, will be validly put in default by the mere payability of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
In any event, the injured Party may seek damages in court.
Upon termination of the contract, the Hirer must return the Bicycle or let it be taken back without delay. The full amount of the rental shall remain with the Lessor as initial compensation.
In the event that the Tenant refuses to return the Bicycle, it shall be sufficient to compel him to do so by an order issued by the President of the competent court of law upon simple request or by summary proceedings.
In addition, all costs incurred by the Landlord as a result of the termination of the agreement shall be borne exclusively by the Tenant.
If, after termination, the Tenant retains use of the Bicycle for a certain period of time, the Landlord is authorized to charge a daily immobilization fee equal to the daily rental rate.
Article 15 - Transfer and subletting
The Tenant may not sublet, lend, make available for free or for consideration, pledge or assign in any manner or form whatsoever, all or part of the Bicycle or its rights and obligations hereunder without the prior express written consent of the Landlord
Any violation of this clause shall result in the automatic termination of this agreement to the sole detriment of the Tenant under the conditions set forth in Article 18-2 hereof
Article 16 - Processing of personal data
In application of the law n°78-17 of January 6, 1978 relating to the files, data processing and freedoms but also of the RGPD, the Tenant is informed and expressly accepts that the Landlord holds a file of personal data collected at the time of the signature of the rental agreement
This data is processed to enable the Lessor to manage the rental and related operations, in particular invoicing, and to send the Tenant, where applicable, commercial information. They are intended, in whole or in part, for the Lessor and its partners
In addition, the Landlord has installed a real-time tracking system in some of its Bicycles to facilitate the management of theft and loss of the Bicycles. By signing the rental agreement, the lessee authorizes the Lessor to collect data through the on-board geolocation system and to use it for the purposes described above to determine the geographic location of the Bicycle.
Only the Lessor's departments will have access to this data, as well as any person having a right of access under the law. This data will be kept for the duration of the contract and, if applicable, the investigation
In accordance with the applicable regulations, the Tenant has the right to access, rectify, delete, and port the data concerning him/her, as well as the right to oppose the processing for legitimate reasons, rights that he/she can exercise by contacting the data controller at the postal address of the Landlord 18 avenue du Val d'Ardèche - 07330 THUEYTS, while accompanying his/her request with proof of identity
In case of complaint, the Tenant can address a complaint to the Commission Nationale de l'Informatique et des Libertés.
Article 17 - Applicable law - Language of the contract
The present General Terms and Conditions of Sale and the operations arising 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.