The company ‘KAPHY SAS’ hires the material to a sole hirer under the following terms and conditions:
The rental takes effect when the hirer takes possession of the hire equipment. The rental period is determined at a flat rate with the owner and date and time of return are given to the hirer prior to the return of the equipment.
By taking the bicycle, the hirer recognises that it is in good condition and working order. The hirer acknowledges that the bike is provided with the required accessories and optional equipment and that they are in good condition.
Electric bicycles are delivered to the hirer with a fully charged battery. Accordingly, the hirer shall in no case be responsible for any battery failure,
The rented bike, property of the owner, must be returned to the rental point within the working days and hours indicated at the latest on the last day of the agreed rental period. In case of a delayed return, the hirer will undertake to inform the owner as soon as possible.
In the case of late return, the owner will apply additional charges corresponding to the applicable hire rate per day of delay.
Failure to return the bike within 48 hours of the agreed return date exposes the hirer to a criminal complaint for theft and the cashing of the deposit.
The hirer agrees to return the bike and its accessories in the state in which it was rented, excepting for normal wear.
Rental prices are displayed at the point of rental and which the hirer agrees to have acknowledged. Prices can be changed at any time without notice.
The rates and packages are applicable at date of hire.
The full amount is payable in advance by the hirer under the conditions given below in RESERVATION / CANCELLATION.
If the hirer does not complete the full hire period, for whatever reason, the hirer can not be reimbursed or compensated.
All reservations on the website “www.huezbikehire.com” require full payment of the hire period.
The customer can cancel the hire within 60 days of the date of receiving hire equipment. In this case the payment will be returned to the customer.
In the case of cancellation within 60 days, we will retain a day’s hire cost (90 €) from the reimbursement.
A deposit is given to the owner against the material to be hired. The amount of this deposit is the value, at the date of hire, of the bike or electric bike being hired.
This deposit will be given by cheque, a credit card imprint or preauthorization of debit. This deposit will not be cashed during the rental period.
A current, valid proof of identity will be required by the owner at the time of hire.
The deposit will be returned to the hirer on return of the rented equipment in good condition.
However, the hirer authorises the owner to deduct from the deposit any amount that may
be due in the case of repair, theft, loss, failure to return or late return of material under the
conditions referred to in this contract.
It is expressly agreed that the deposit amount shall in no case.the right to pursue the hirer in order to obtain full compensation for the damage.
For the safety of the hirer and that of others, the hirer acknowledges having experience of cycling both in urban and rural areas.
Once the hirer takes possession of the bike, he becomes the sole legal custodian and undertakes that it will be used with care and respect according to the regulations of the Highway Code and the conditions of use of the various accessories. Consequently, the hirer remains solely responsible for fines, tickets, records/verbal warnings brought against him.
The hirer agrees to not allow the cycle to be used by others than himself or the person agreed by the owner in the guarantee/rental agreement.The hirer agrees to his personal use only and is prohibited from participating in all competitions, including where the bike may be tested
Any use of material for purposes other than which it is intended by the manufacturer is prohibited.
The hirer agrees not to make changes or modifications on the bike.
Minors (under 18) are not entitled to hire a bike without a countersignature of their legal guardian.
The hirer agrees not to sublet the rental equipment and in general grant any right, real or otherwise,Liability/Insurance
The hirer releases the KAPHY SAS from any liability arising from the use of the rented equipment especially regarding accidents or injury, material or immaterial, it might cause to third parties or himself. The hirer declares that he is the holder of a personal liability insurance.
In case of breakdown or incident during the hire period, the hirer agrees to make every effort to carry out initial repairs with the kit provided by the owner in order to return the material to the point of hire.
In the case of breakdown or accident leading to immobilisation of the bicycle, the hirer agrees to contact the owner by telephone who will tell him what measures to take. The hirer must not leave the bike or equipment without formally having obtained the agreement of the owner. In the case of onsite
repair, the owner reserves the right to apply an additional charge to the hirer.
The hirer is not covered for damage, degradation, loss or theft suffered by the rented equipment. The hirer agrees to notify immediately and without delay the owner in each case.
In case of loss or theft, the owner will cash the full amount of deposit by way of compensation. In the case of theft, the hirer must also submit to the owner a statement/record of theft made with police.
In case of deterioration of equipment, the hirer will pay the cost of repairing/restoring said material, costs incurred may be deducted from the deposit. In the case of serious fault/damage (caused by improper use, use whilst inebriated or excessive speed), the owner can claim the cost of repairing the bicycle and also compensation for the immobilisation of the bike corresponding to the daily rate of up to a maximum of 10 days.
In the event of any dispute regarding the execution, or interpretation of this contract, the dispute shall be settled as follows:
Complaints: Any complaint must be addressed to the office of the company KAPHY SAS, rue du Général de Gaulle 38520 Bourg d’Oisans
In accordance with the provisions of the Consumer Code concerning « the mediation process for consumer disputes », the client has the right to use the mediation service offered by KAPHY SAS free of charge.
The proposed consumer mediator is Mediation – Let’s Live Better Together
This mediation mechanism can be joined by:
Postal mail: 465 avenue de la Libération 54000 NANCY
In accordance with Article L 612-2 of the Consumer Code, one of the preconditions for the examination of the dispute by Mediation – Let’s Live Better Together is as follows:
The consumer must justify having tried to resolve his dispute directly with KAPHY SAS’s Customer Service beforehand, by a complaint made by mail or e-mail.