The purpose of these Rental Terms and Conditions is to set out the terms and conditions for the rental of electrically-assisted or regular bicycles, adults and children, with the equipment provided, referred to as the “Rental Goods” by SARL N.K.Bike, hereinafter referred to as “the Rental Company”, and to govern relations with the customer, referred to as “the Lessee” for orders placed on the www.bikeexperience.fr website or in the store at 99 rue de la poste 74440 Taninges, and to define the respective rights and obligations of the parties.

The contract is concluded between the Rental Company and the Lessee. Consequently, the contract is neither assignable nor transferable. By signing the contract, the Lessee acknowledges that he/she has read all the provisions of these general terms and conditions of hire and accepts them without restriction or reservation. N.K.Bike reserves the right to modify these General Terms and Conditions of Hire at any time by publishing a new version on the Site.

The General Rental Conditions applicable are those in force on the Site on the date the order is placed by the Lessee.

The Lessee must be a natural person over 18 years of age, declare that he/she is fit for cycling and has no medical contraindications to cycling. Children and young people under the age of 18 must be accompanied by a responsible adult who will act as Lessee. When signing the contract, the Lessee will be asked for a valid form of identification.

The Rental Company provides the Lessee with one or more bicycles (bicycles, mountain bikes, eBikes) as well as accessories under the pricing conditions in effect on the day the rental contract is signed. The current valid rates are mentioned on the Hirer’s website www.bikeexperience.fr, on his reservation platform, at the rental point according to the days and opening hours, and in his prospectus for the current year.

The service is paid for by the Taker under the following conditions:

– when the contract is concluded, in the case of immediate availability of the Rented Goods

– when the order is placed, in the case of reservations on the www.bikeexperience.fr website.

The following methods of payment are accepted: credit card, cash, bank transfer and online payment. Payment by cheque is not accepted. Similarly, any other sums due for the rental (any rental extensions not taken out at the start of the rental period, repairs, etc.) are payable on return by credit card or cash. Rental rates are subject to change.

Insurance is the responsibility of the Lessee. By signing the rental contract, the Lessee confirms that he/she has adequately covered the risks associated with the use of the Rented Goods. The Rented Goods are not insured by the Rental Company against theft and breakage under the present contract. It is therefore the Lessee ‘s responsibility to protect himself/herself against risks in the event of damage to the equipment.

Prior to delivery of the rented equipment, the Lessee must present a bank card for pre-authorization of the guarantee.

As a guarantee of the proper performance of his obligations by the Lessee,the latter must lodge a deposit via the PLBS system to the Rental Company of 1000 euros per VTTAE, 500 € per mountain bike by credit card and on presentation of an identity document during the rental period. Photocopies will not be accepted – credit card and ID must match.

This deposit will not be cashed during the rental period. The Lesser reserves the right to keep the deposit for 48 hours.

On return of the Rented Goods, the deposit is returned to the Lessee less any damage. By express agreement, the security deposit is assigned to the Rental Company in full ownership of the sums owed by the Lessee to the Rental Company in the event that the Lessee fails to pay any sum owed to the Rental Company on its due date.

The Lessee authorizes the Rental Company to deduct from the security deposit the sums due :

– the excess

– to repair damage and theft, the costs of which are set out in the appendix: “list of damaged parts”.

– as compensation for late return of the Rented Goods.

It is expressly agreed that the amount of the deposit shall in no case constitute a guarantee limit (in the event of breakage or theft, for example), with the Rental Company retaining the right, where applicable, to sue the Lessee for full compensation.

The effective date of the contract and the transfer of risks and charges on the leased item begin at the time of collection of the Leased Items by the Lessee , and end with the complete return of the Leased Items in accordance with the provisions detailed below.

In the event of early return, with regard to the date stipulated in the contract, the Lessee may not claim any reimbursement. The Rented Goods are made available and taken in charge at the Rental Company’s business premises, with the exception of customers who have opted for delivery of the goods by the Rental Company.

The Lessee declares that the Rented Goods are in good working order, clean and battery charged, as expressly noted by the parties when establishing the condition of the Rented Goods, and undertakes to use them with care. The Lessee shall make any complaint to the Rental company at the time of establishing the said condition, declaring that he/she has personally had full latitude to check the Rented Goods (and in particular the correct attachment of the saddle and pedals, the correct operation of the brakes, the good general condition of the frame and tires) and to choose them in accordance with his/her needs. In the event of technical failure of the Rented Goods or exhaustion of the battery during the rental period, the Lessee may not claim any damages from the Rental Company.

An extension of the rental contract is only possible with the consent of the Rental Company before the end of the current rental contract. The Rental Company may refuse such an extension without justification.

All reservations give rise to the collection of the rental amount. The Lesser has the right to cancel a reservation under the following conditions:

– more than 7 days before the event: cancellation without reason and refund of the full amount.

– between 7 days and 24 hours before the rental date: the Rental Company retains 30% of the rental price as compensation.

– less than 24 hours before the rental date: the full amount is due, in accordance with the price list in effect on the rental date. Cancellation fees will not be retained when the cancellation is caused by the Lessee’s illness or accident, duly justified on presentation of a medical certificate.

All reservations will be cancelled one hour after the scheduled rental time if the Lessee does not give notice of his lateness, in which case the full amount of the service will be invoiced.

The Lessee takes charge of the equipment in good working order. For the use of electrically assisted bicycles, the Rental Company undertakes to explain the operation of the said bicycles so that the Lessee can use them properly. The Lessee is obliged to make any complaint to the Rental Company at the time of collection of the equipment. The Rental Company can not be held responsible for any subsequent failure, whether material or physical.

Each bike is fitted with basic equipment and accessories in accordance with current standards. The Goods are rented with their basic equipment (helmet, puncture repair kit, bell, lights). The Lessee expressly declares that he/she has received all safety information from the Rental Company concerning the wearing of helmets, and acknowledges that a helmet has been offered for hire, thereby excluding any liability on the part of the Rental Company in the event of damage. In the event of a fall, the Lessee must report it to the Rental Company.

The Rental Company declines all responsibility in the event of non-use or improper use of the Rented Goods by the Lessee or of those made available to him/her.

The use of the Rented Goods is strictly limited to the Lessee. Consequently, lending or subletting is strictly forbidden.

The Lessee is informed at the time of departure as to the autonomy of the battery in the case of eBike rental. The Lessee undertakes not to use the eBike beyond its capacity. In the event of battery depletion, the Rental Company is not liable.

When parking and outside periods of use, the Lessee must secure the Rented Goods to a support anchored to the ground (e.g. street furniture, tree, etc.) using the anti-theft device supplied by the Rental Company. The Lessee will be held responsible if the Rented Goods are stolen. All fines, costs, expenses and taxes relating to any infringement of traffic, parking or other legislation during the term of this contract shall be borne by the Lessee.

The Lessee is solely responsible for any problems arising from following the routes proposed by the Rental Company in paper format or GPS file (misdirection, straying, traffic on roads not authorized for bicycles, etc.) during the hire. It is the Lessee’s responsibility to check his or her own ability in relation to the choice of route. The Rental Company cannot be held responsible in the event of an accident or any other bodily injury suffered by the Lessee. The Rental company cannot be held responsible in the event of failure by the Lessee to comply with the Highway Code.

If the Lesser wishes to transport the Rented Goods by his/her own means, the Rental Company declines all responsibility for the functioning and safety of the bicycle after loading.

Therefore, the Lesser must :

– inform the Rental Company in advance,
– test the equipment before loading,
– draw up an accurate inventory of fixtures, including photographs,
– ensure that the rented goods are not damaged during transport, using appropriate means.

The Lessee shall in no event be held responsible for any subsequent failure, whether material or physical, resulting from the transportation of the bicycle.

In the event of technical failure of the bicycle during the term of the contract, the Lessee must, as far as possible, report to the Rental Company. The Lessee may not undertake any repair work on the Rented Goods in the event of a breakdown, with the exception, in the event of a puncture. For any other reason, the Lessee must contact the Rental Company without delay at the number shown on the rental contract. Only the Rental Company is able to judge whether a repair is due to normal wear and tear or a hidden defect, and is therefore the responsibility of the rental Company, or whether the repair is due to damage suffered by the equipment during the rental period, and is therefore the responsibility of the Lessee, and to charge him/her the corresponding amount. The Lessee will thus be liable for payment of all damage caused to the Rented Goods during the rental period.

At the request of the Lessee, 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 Lessee, for the remaining period of the contract. The Lessee may not claim reimbursement of expenses or invoices, or damages.

The Lessee rents the bicycle in perfect working order. A repair kit is provided for each rental to deal with any flat tire. The Lessee is therefore responsible for returning the bike to the original rental location. However, the Lessee may benefit from assistance from the Rental Company in the event of bike breakage, incident or accident to return the bike to the point of departure.

Repatriation assistance is free of charge in the event of problems inherent to the bike, linked to poor maintenance or a manufacturing defect. Problems such as derailment, battery depletion, flat tire, breakage due to misuse or transport of the bike by the Lessee are not covered. In such cases, the Lessee will bear the cost, set at a flat rate of 50 Euros including tax per intervention by the Hirer.

This assistance is available during the rental outlet’s opening days and hours. It is geographically limited to roads accessible to motor vehicles within a radius of 20 km from the rental point.

Failing this, the Lessee will make every effort to reach an accessible road.

The Lessee is required to return the equipment to the Rental Company at the end of the rental period defined in the rental contract, during opening hours. The Lessee undertakes to return the Rental Goods in the same condition as they were given to him/her. If the Lessee has lost or damaged any accessories, he/she must notify the Rental Company, and these will be invoiced at the current rates annexed to the present contract.

The Rented Goods must be returned on the contractual due date:

– for half-day rentals, the Rented Goods must be returned before 12:30 pm or before 5:30 pm (high season schedule) depending on whether the half-day is in the morning or in the afternoon

– for full-day rentals, the Rented Goods must be returned before 5:30 p.m. (high season hours).

The Rental Company reserves the right to modify the return times whatever the period, and the Lessee will be informed of this when the rented goods are collected.

Any late return will give rise to the application of a fixed penalty equal to the rate of one day’s rental for each half-day or day’s delay. The Return of the Rented Goods shall be made at the Rental Company’s premises or at any other place provided for in the contract in the event of delivery by the Rental Company. If the Lessee keeps the Rented Goods beyond the period stipulated in the contract without having regularized his situation and/or does not return the Rented Goods during the Rental Firm’s reception hours, he loses the benefit of the guarantees stipulated in the contract and remains liable until the Rented Goods are returned to the Rental Firm.

The Lessee undertakes to use the Rented Goods with caution, without danger to third parties and in accordance with the Highway Code and road safety regulations. The Lessee is always personally liable for any damage caused by the use of the Rented Goods (article 1242 of the French Civil Code). The Rental Company may not be held liable for damage suffered or caused by the Lessee during the use of the bicycle(s), mountain bike(s), eBike(s) and accessories.

Use in competition or for driving similar to a competition is forbidden.

The Lessee declares that he/she is the holder of a personal civil liability insurance policy covering liability incurred during the use of the rented Goods by himself/herself, the persons in his/her care and his/her employees. In addition, the Lessee expressly declares that it excludes all liability on the part of the Rental Company arising from the use of the Rented Goods, in particular with regard to the physical, material and immaterial consequences of accidents of any kind.

The Lessee is therefore not covered for any damage to the Rented Goods and is personally liable for said damage, breakage, loss and theft.

In the event of breakage:

The Lessee undertakes to return the damaged equipment, which must be recognizable and complete. Damage to the equipment will be invoiced to the Lessee in accordance with the current price list appended to the present contract. In the event of an accident: note the details of the third party, and if possible fill in an amicable report.

In the event of theft:

Theft and loss of the Rental Goods are not covered. In this case, the Rented Goods lost or stolen will be invoiced to the Lessee on the basis of the replacement value as shown below. In addition, the Lessee must contact the Rental Company without delay, lodge a complaint with the appropriate authorities and provide a photocopy of the complaint. In the event of theft by the Lessee, misappropriation or damage of any kind resulting from non-compliance with the rules of use, regulations in force, or the terms and conditions of this contract, the Rental Company is entitled to recourse for the full amount of the loss.

The Leased Property may not be assigned or pledged as security. The Lessee undertakes in general not to grant any right, real or otherwise, in respect of the Rented Goods to any person, likely to affect the enjoyment thereof or to limit the availability or full ownership thereof to the Rental Company. The Lesser undertakes never to transfer the rental contract, nor to sell, mortgage or pledge the Rented Goods, nor to treat them in such a way as to prejudice the Rental Firm. Any breach of any of these undertakings authorizes the Rental Company to give the Lesser formal notice to return the Rented Goods without delay.

The contract and general rental conditions are governed exclusively by French law. Prior to any legal action before the competent court, the Rental Company and the Lesser undertake to settle any dispute between them amicably, in particular by means of a conciliation procedure.

The information collected is subject to data processing for the exclusive use of SARL N.K.Bike, whose head office is located in Taninges.

In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016, and the French Data Protection Act of January 6, 1978 relating to data processing, files and freedoms, any person has the right to access and rectify information concerning him or her, by contacting N.K.Bike. The Lessee may also, for legitimate reasons, oppose the processing of data concerning him or her.

In the event of any dispute relating to the performance, interpretation or termination of this contract, the competent court will be that of the Rental company’s registered office, to which the parties attribute exclusive jurisdiction.

Signed in Taninges on December 27, 2022