II / OKO PLANET BIKE HIRE CONTRACT

THE FOLLOWING TERMS AND CONDITIONS ARE SET OUT BELOW

Article 1 - Purpose

OKO PLANET (hereinafter referred to as "the Lessor") has a fleet of bicycles which it offers for hire.

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 terms and conditions (hereinafter referred to as "the Bicycle", regardless of the number).

This hire, which is not subject to any special rules, is governed solely by the provisions of the Civil Code relating to hire.

Article 1 - Reservation terms and conditions

Any hire of a Bicycle gives rise to the conclusion of a hire contract which includes general conditions and special conditions, the whole forming an indivisible whole.

The booking only becomes definitive once the contract has been signed by both parties and the deposit has been received, the amount of which is specified in the special conditions.

The name of the Hirer indicated on the hire contract is that of the main hirer, who must be present when the contract is signed and to whom the hire charges will be billed.

If several Bicycles are hired, the Hirer shall be solely responsible for compliance with all the obligations associated with this contract by all the users of the Bicycles to whom he/she entrusts them.

Article 2 - Conditions relating to the Hirer and essential documents

The Hirer declares that he/she is fit to cycle and is not aware of any medical contraindications. It is the sole responsibility of the Hirer to check the physical fitness of the persons to whom it entrusts bicycles under this contract.

The Lessor may not be held liable for any damage caused by the Hirer's lack of fitness.

As soon as the Bicycle is handed over to the Tenant, the Landlord transfers its legal and material custody for the duration of the contract and until the Bicycle is effectively returned. The Tenant shall be liable, as custodian of the Bicycle, for any damage caused to or suffered by the Bicycle, in all circumstances, and regardless of the cause of the damage, even in the event of an act of God or force majeure.

Under no circumstances may the Lessor be held liable for any personal injury or material damage resulting from the use of the Bicycle by the Renter or any persons authorised by the Renter.

Article 3 - Rental deposit and payment

At the time of booking, the Hirer will be required to pay a deposit, the total amount of which is set out in the Special Terms and Conditions. The balance of the hire charge must be paid when the Hirer takes possession of the hired Bicycle, at the location agreed between the Parties.

For rentals to professionals, in the event of non-payment or unpaid invoices, the Hirer expressly accepts that any unpaid invoices will be cancelled and that the contract will be automatically terminated, as well as the immediate return of the Bicycle(s) being hired.

If the payment deadline is exceeded (invoice due date), the Hirer will be liable for a late payment penalty on the sum due, calculated at the legal interest rate in force plus EIGHT (8) percentage points.

Article 4 - Changes to the booking

Once the Rental Contract has been signed, the dates and conditions of the rental may not be changed without the prior express written agreement of the Lessor.

If the Tenant does not take possession of his/her Bicycle within FOUR (4) hours of the date and time of the reservation mentioned in his/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 Renter on the scheduled rental date, the Landlord undertakes to reimburse the full amount of the deposit paid by the Renter. The Renter may not claim any other compensation.

Article 5 - Security deposit

In order to take possession of the Bicycle, the Renter shall pay the Landlord a security deposit, the amount of which is set out in the Special Terms and Conditions of Rental. It is intended to guarantee the Lessor payment of the rental, plus any financial liability that the Renter may owe 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 when possession was taken

Article 6 - Provision of the Bicycle

The Lessor undertakes to bring the reserved Bicycle(s) to the Lessee, at the address agreed at the time of reservation, on the day and at the time indicated, in apparent good working order and provided with its repair kit.

All Bicycles hired are equipped with a repair kit including a puncture-proof spray.

The Bicycles, equipment and accessories are deemed to comply with the regulations in force at the time of hire and to be in good working order. The equipment and accessories are fixed in accordance with the safety standards in force on the day of hire.

The Hirer must check that all of this equipment is present when the Bicycle is delivered and the contract is signed

If any of this equipment is not returned, the Lessor shall invoice the Renter a flat-rate penalty of €50 inclusive of tax in the event of incomplete return.


By signing the hire contract, the Hirer accepts the bicycle in the condition in which it is found and considers that it is in order. He undertakes to return it in the same condition.

In the event of technical faults or defects that are not apparent, the Hirer must notify the Lessor within FIFTEEN (15) minutes of departure. Failing this, the Bicycle shall be deemed to have been returned in good working order.

Article 7 - Return of the bicycle

The hire ends with the actual return of the bicycle and accessories to the Lessor, at the place and time stipulated in the hire contract.


The Renter's attention is hereby drawn to the fact that the Lessor schedules its rounds for the provision and return of its bicycles and makes a commitment to its customers regarding precise times. It is therefore an essential condition of this hire that the Tenant returns the bicycle strictly in accordance with the agreed terms.

Therefore, if the Hirer is not present at the agreed meeting point at the time stipulated in this contract, the Lessor reserves the right to charge the Hirer penalties for failure to return the bicycle amounting to 50 euros per day of delay.

If the Tenant is more than FIVE (5) minutes late with respect to the agreed return time, the Landlord shall attempt to contact the Tenant and shall continue with its tour. It shall then be the Tenant's responsibility to contact the Landlord again to make a new appointment.

The Bicycle must be returned in the same condition as when the Tenant took possession of it. If this is not the case, the Lessor reserves the right to charge a fee for returning the Bicycle and restoring it to its original condition. All damage will result in the amount of the repairs being deducted from the security deposit. If the security deposit is insufficient, the Landlord will invoice the Tenant for the excess, who must pay the said invoice on receipt.

Repairs and any loss of the Bicycle will be invoiced to the Renter upon presentation of a repair or purchase invoice.

Article 8 - Use of the Bicycle

The Renter undertakes to use the equipment with care and within the limits of its capacity, 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 undertakes to return the bicycle in its original condition on the date, place and time agreed in the special conditions.

The Hirer declares that he/she abides by the Highway Code and undertakes to comply strictly with it.

If the Hirer contravenes the laws and regulations in force during the hire period, the Lessor may not under any circumstances be held liable.

The Tenant undertakes to make every effort to prevent theft or damage to the rented bicycle.

To this end, regardless of how long the bicycle is parked, he/she undertakes to attach it to a fixed point using the anti-theft device provided.

The Hirer undertakes :

- to use the Bicycle reasonably, under normal conditions of use ;
- to use the Bicycle only on roads suitable for vehicular traffic;
- to use the Bicycle in accordance with the provisions of the Highway Code
- not to use the Bicycle under the influence of alcohol, drugs or any other substance affecting consciousness or the ability to react;

Lastly, as the Bicycle is electrically assisted, the Hirer is informed of the battery life on departure. In the event of the battery running out, the Lessor shall not be liable.

Article 9 - Accidents and Theft

In the event of technical failure of the Bicycle during the term of the contract, the Hirer 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 punctures may be "repaired" directly by the Tenant using the kit provided by the Landlord.

The bicycle will 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 of the rental period.

The Tenant may not claim reimbursement of costs or invoices, or damages.

In the event of damage to the bicycle, even where such damage does not require immediate repair, the Tenant must inform the Landlord immediately upon becoming aware of the damage.

In the event of an Accident, the Tenant must immediately report it to the Landlord. A joint accident report, whether the Tenant is responsible or not, must be provided to the Landlord, except in cases of Force Majeure, as soon as possible and in all cases before the end of the rental contract.

The Tenant shall take all reasonable care 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 limits, or in the event of insurance refusing to cover the damage caused to the Bicycle, the Tenant shall be liable for all damage attributable to it, in particular that suffered by the Bicycle up to its market value plus the costs and expenses associated with its immobilisation.

In the event of theft, the Tenant must provide the Landlord with proof that a complaint has been lodged with a police station or gendarmerie within 24 hours of the theft.

If the stolen bicycle is subsequently returned to the Landlord, the Tenant who has complied with the above procedure will be reimbursed the amount of the deposit collected, less any costs incurred in restoring the Bicycle.

9.1
Liability - Damage to rented property - Theft

The Hirer is personally liable for any damage caused by the use of the EAB(s) and Accessories. The Renter may not be held liable for any damage suffered or caused by the EAB(s) and Accessories, unless it is proven that such damage is due to an internal defect or to a lack of maintenance of the EAB(s) and Accessories.
The lessee declares that he/she is the holder of a personal civil liability insurance policy that covers the liability incurred during the use of the rented Goods by him/herself, the persons in his/her care and his/her employees.

The Hirer therefore has no cover for damage to the rented item and is personally liable for said damage, breakage, loss and theft.

In the event of breakage: the hirer undertakes to return the damaged equipment, which must be recognisable and complete. Damage to the equipment will be invoiced to the hirer in accordance with the current price list appended to this contract.
Theft and loss of equipment are not covered.
Consequently, the equipment will be invoiced to the hirer on the basis of its value as new, less any obsolescence (1% per month after the 24th month). The deposit will be used to cover all or part of the loss.
An invoice will be provided to the hirer so that he/she can present it to his/her personal insurer.

Article 10 - Insurance and Assistance

The Hirer and any person whom he allows to use the Bicycle must be covered by civil liability insurance. The Tenant releases the Landlord from any liability arising from the use of the Bicycle, in particular in respect of 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 hire.

Article 11 - Unforeseen circumstances

In the event of a change in circumstances that could not have been foreseen when the contract was entered into, in accordance with the provisions of article 1195 of the French Civil Code, the Party that did not agree to assume the risk of excessively onerous performance may ask its co-contractor to renegotiate the contract.

However, if the change in circumstances unforeseeable at the time of the conclusion of the contract is definitive or lasts for more than THIRTY (30) days, the present contract will be cancelled purely and simply in accordance with the terms defined in the article "Cancellation for unforeseeable circumstances".

Article 12 - Exception of non-performance

Pursuant to article 1219 of the French Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party fails to perform its obligation and if this non-performance is sufficiently serious, i.e. likely to jeopardise the continuation of the contract or fundamentally upset its economic equilibrium.

The suspension of performance will take effect immediately, on receipt by the defaulting Party of the notification of default sent to it to this effect by the Party that has suffered the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default observed, served by registered letter with acknowledgement of receipt or on any other durable written medium that provides proof of posting.

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 agreement will be purely and simply terminated in accordance with the terms and conditions defined in the Resolution for failure by a party to fulfil its obligations article.

Article 13 - Force majeure

The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is the result of a case of force majeure, within the meaning of article 1218 of the French Civil Code. The Party observing the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.

Performance of the obligation is 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 will make every effort to resume normal performance of their contractual obligations as quickly as possible. To this end, the Party prevented will 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 will be purely and simply terminated in accordance with the terms defined in the article "Termination for reasons of force majeure".

Article 14 - Termination of the contract

14.1 Termination for unforeseen circumstances
Termination due to the impossibility of performing an obligation that has become excessively onerous may only take place, notwithstanding the clause entitled Termination for failure by a party to fulfil its obligations set out below, FIFTEEN (15) days after formal notice has been sent declaring the intention to apply the present 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 may not, notwithstanding the clause Termination for failure by a party to fulfil its obligations set out below, take place TWENTY-FOUR (24) hours after formal notice has been sent by e-mail with acknowledgement of receipt or by any extrajudicial act.
However, this formal notice must state the intention to apply this clause.


14.3 Termination for failure by a party to fulfil its obligations
In the event of either party failing to comply with one of its obligations, and in particular failure to pay the reservation price on the due date, failure to return the Bicycle on the due date, or any other provision referred to in the articles of this contract, the contract may be terminated at the discretion of the aggrieved party.

The Party that is the victim of the default may then notify the Defaulting Party by registered letter or e-mail with acknowledgement of receipt, of the wrongful termination of the present contract, TWENTY-FOUR (24) hours after the sending of a formal notice to perform which has remained unsuccessful. 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 French 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 fact that the obligation is due, in accordance with the provisions of article 1344 of the French Civil Code.

In any event, the aggrieved Party may apply to the courts for the award of damages.

As soon as the contract is terminated, the Hirer must return the Bicycle or let it be taken back without delay. The total amount of the hire shall be retained by the Landlord as initial compensation.

In the event that the Tenant refuses to return the Bicycle, all that is required to compel him to do so is an order issued by the President of the Court having territorial jurisdiction by simple petition or by summary proceedings.

In addition, all costs incurred by the Landlord as a result of the termination of the contract 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 authorised to charge a daily immobilisation fee equal to the daily rental rate.

Article 15 - Transfer and subletting

The Tenant may not sublet, lend, make available free of charge or for consideration, give as security or assign for any reason and in any form whatsoever, all or part of the Bicycle or its rights and obligations hereunder without the prior express written consent of the Landlord.

Any breach of this clause shall result in the automatic termination of this agreement to the sole detriment of the Hirer under the conditions set out in article 18-2 hereof

Article 16 - Processing of personal data

In application of law no. 78-17 of 6 January 1978 relating to files, data processing and civil liberties, as well as the RGPD, the Tenant is hereby informed and expressly accepts that the Landlord holds a file of personal data collected when the rental contract is signed.

This data is processed to enable the Lessor to manage the rental and related operations, in particular invoicing, and to send the tenant commercial information, where applicable. This information is intended, in whole or in part, for the Lessor and its partners.

In addition, the Lessor has installed in some of its Bicycles a system enabling them to be located in real time in order to facilitate the management of theft and loss of the Bicycles. By signing the rental contract, the lessee authorises the Lessor to collect, by means of the on-board geolocation system, and to use for the purposes described above, the data enabling the geographical location of the Bicycle to be determined.

Only the Lessor's departments will have access to this data, as well as any person with a right of access under the law. This data will be kept for the duration of the contract and, where applicable, the investigation.

In accordance with the applicable regulations, the Tenant has a right of access, rectification, deletion and portability of the data concerning him or her, as well as the right to object to the processing for a legitimate reason. These rights may be exercised by contacting the data controller at the Landlord's postal address, avenue du Val d'Ardèche - 07330 THUEYTS, enclosing proof of identity with the request

In the event of a complaint, the Tenant may submit a complaint to the Commission Nationale de l'Informatique et des Libertés.

Article 17 - Applicable law - Language of the contract

These General Terms and Conditions of Sale and the transactions 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.

APPENDICES :
Nomenclature of damaged parts in € incl. VAT

Repair and exchange of parts :
Labour cost 65 € (i.e. 1 hour) for technical work on complex products
Labour cost €35 (i.e. 1/2 hour) for technical work on non-complex products
Washing: €5
Battery: €800
Fork: €200
Crankset: €100
Front wheel: €180
Rear wheel: €220
Shifter / Speed: €60
Handlebars: €45
Derailleur: €100
Electrical wiring: €70
front/rear hydraulic brake: €200
Tyres: €65
Brake disc: €55
Saddle: €30
Chain: €45
Handlebar grip: €20
Brake lever: €75
Mudguard: €30
Chain guard: €18
Front lights: €65
Rear lights: €65
Pedal: €55
Kickstand: €35
Bosch display: Purion €100 / Intuvia €160

Accessories to be replaced if damaged:
Child seat: €90
Bosch display: 160
Yamaha display: €150
Basket: €38
Lock: €20
anti-theft lock: €25
Doorbell: €5
Helmet: €50
Yellow waistcoat: €12
Puncture-proof spray: €7
GPS: €150
Frame lock: €49.90
Manufacture of a bike key in the event of loss: €50