Contract and rental conditions
Via Ferrata of the Devil's Bridge
Provider:
Thueyts Town Council,
represented by Ebike,
Oko Planet
Avenue du Val d’Ardèche, 07330 Thueyts
899982227 Aubenas Trade and Companies Register
06 42 35 43 23
Equipment hire
Rates:
€18 / full equipment set
€8 / partial equipment hire
Terms and conditions of sale and hire
OKO PLANET
Terms and Conditions for Via Ferrata Equipment Hire
GENERAL TERMS AND CONDITIONS FOR THE HIRE OF VIA FERRATA EQUIPMENT
TERMS OF PARTICIPATION:
- Our activities are open to everyone; however, depending on the activity and route, certain conditions must be taken into account: age limits, technical or physical ability. - - You must not have any medical contraindications to taking part in the chosen activity.
- Important: If you have no medical contraindications but are dependent on special medical care or treatment, or if your state of health requires particular attention, you must inform the rental company of this before the start of the activity.
ARTICLE 1 – PURPOSE OF THE CONTRACT
The hire of via ferrata equipment, comprising the basic equipment provided by Thueyts Town Council and hired by Oko Planet (hereinafter referred to as ‘the hirer’), together with its accessories and basic equipment hired under the terms of this contract, taken individually or collectively, is referred to as ‘the hired equipment’.
ARTICLE 2 – BASIC VIA FERRATA EQUIPMENT
Each set of equipment hired comprises: 1 helmet, 1 harness, 2 lanyards with shock absorbers and 1 pulley.
ARTICLE 3 – OBLIGATIONS OF THE RENTER
The hire agreement is entered into with the hirer in person. It is therefore neither assignable nor transferable. The customer, referred to as the ‘hirer’, must be a natural person aged over 18 who declares that they are fit to practise climbing (via ferrata) and have no medical contraindications. Users must be at least 1.40m tall and weigh at least 40 kg. Any minor must be accompanied by a responsible adult. In the case of minors, the legal guardian undertakes, under the terms of these conditions, to assume full liability for any damage caused directly or indirectly by the minor as a result of the hire. As the via ferrata equipment is the responsibility of the hirer, they are advised to carry out a basic check of its main visible functional components before actually using the via ferrata equipment. The hirer acknowledges that the hired equipment is in perfect condition and undertakes to use it with care. In the event of a technical fault during the hire period, the hirer shall not be entitled to claim any damages from the hire company. Should a repair be necessary, the hirer must report to the hire point. The via ferrata equipment will then be replaced. The lessor reserves the right either to deduct the sums due from the security deposit or to invoice the customer at the rate displayed at the hire point in the event of wilful damage to the equipment.
ARTICLE 4 – TERMS OF USE
The hirer undertakes to use the hired equipment themselves. Lending or subletting the hired equipment is strictly prohibited. The hirer is held personally liable for any breach of these terms and conditions, as well as for any personal injury or property damage caused whilst using the hired equipment in their care. - The hirer must wear a helmet at all times. - The hirer undertakes not to use the via ferrata equipment beyond their capabilities. Upon collection, the hirer is briefed on the use of the equipment and the safety rules for climbing. The lessor is not liable for any failure to comply with safety rules. For any other reason, the hirer must contact the lessor without delay.
ARTICLE 5 – OWNERSHIP
The hired equipment remains the exclusive property of Oko Planet for the duration of the hire. The hire arrangement entails the transfer of legal custody of the equipment and triggers the hirer’s ‘third-party liability’ insurance in the event of theft and for any damage they may cause whilst using or in possession of the equipment, until such time as the equipment is returned to the hire point.
ARTICLE 6 – COMMENCEMENT, DELIVERY AND RETURN
The hire agreement comes into effect when the hirer takes possession of the hired items upon delivery. This contract remains in force only for the duration of the hire period. If the hirer retains the via ferrata equipment beyond this period without having regularised their situation, they forfeit the benefits of the cover provided for in the contract. The hirer acknowledges having received the hired items in good working order, complete with the basic equipment. They declare that they have had full opportunity to check the condition of the hired items themselves. They undertake to return them in the condition in which they were hired, allowing for normal wear and tear.
ARTICLE 7 – LIABILITY
The hirer releases Oko Planet from any liability arising from the use of the hired items, in particular with regard to physical, material and non-material consequences of accidents of any kind. The hirer declares that they hold personal third-party liability insurance covering liability incurred during the use of the hired items, both by themselves and by persons in their care. The hirer is personally liable for any damage, breakages or theft suffered by the hired items. Any damage to the hired items, theft or loss will be charged to the hirer in accordance with the current price list attached hereto.
ARTICLE 8 – SECURITY DEPOSIT
Upon collection of the hired equipment, the hirer shall provide a security deposit (credit card without immediate debit or cash) of €400 for the via ferrata equipment hired. Upon return of the hired equipment by the hirer, the said security deposit shall be refunded or forfeited. The hirer authorises the lessor to deduct from the security deposit any sums due to cover damage and theft, the costs of which are set out below. It is agreed that the amount of the security deposit shall in no circumstances constitute a limit on liability; the lessor retains, where applicable, the right to take legal action against the hirer in order to obtain full compensation for any loss suffered.
ARTICLE 9 – ASSISTANCE
The hirer hires the via ferrata equipment in perfect working order. They must ensure that it is returned or arranged to be returned to the hire point.
ARTICLE 10 – THE BOOKING
Once the booking has been confirmed, Oko Planet undertakes to the Customer to hire out the reserved equipment to the Customer in accordance with the terms set out in the booking and these General Terms and Conditions of Sale and Hire, whilst the Customer undertakes to collect the said reserved equipment in accordance with the same terms. If the Customer wishes to book an additional item, they must make a separate booking on the website for the additional item they wish to book. The Customer has a statutory withdrawal period of 2 days from the date of receipt by the Customer of the email confirming that the Booking has been processed. However, this right of withdrawal may no longer be exercised if the Customer has collected the reserved equipment before the expiry of the seven-day period. The Customer must contact oko planet directly, who will process the Customer’s cancellation request. The deposit will then be refunded within 30 days. It is understood that a refund of the deposit is only possible if the cancellation is made at least 2 days before the first day of the scheduled hire period. For any cancellation request made before the reserved equipment is collected and outside the statutory withdrawal period, the full deposit will be retained by oko planet as rental payment. The deposit will, however, be refundable should the cancellation result from a force majeure event, which the Customer must substantiate. In such a situation, the deposit will be refunded within 30 days.
ARTICLE 11 – REFUNDS AND CANCELLATIONS
Oko Planet reserves the right to cancel and undertakes to refund the hire fee if it is not possible to use the via ferrata due to site maintenance or a problem on the route.
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