Rental Terms and Conditions
The company KAPHY SAS provides the equipment specified on the front side solely to the tenant identified on the front side under the following general conditions:
DURATION: The rental starts when the tenant takes possession of the rented goods delivered to them. The rental period is fixed in advance with the lessor, and the return dates and times are communicated to the tenant prior to the equipment handover.
DELIVERY: Upon taking possession of the bicycle, the tenant acknowledges that it is in good working condition. The tenant acknowledges that the bicycle includes the normal accessories and optional equipment specified on the front side and that they are in good working order. Electric bicycles are delivered to the tenant with a fully charged battery (100%). Consequently, the lessor will not be held responsible for battery failure, as the autonomy is provided for indicative purposes and may vary depending on various parameters.
RETURN: The rented bicycle, owned by the lessor, must be returned to the rental point on the specified business days and hours, at the latest on the last day of the agreed-upon rental period. In case of delay, the tenant agrees to inform the lessor as soon as possible. For late returns, the lessor will apply an additional charge corresponding to the applicable daily rate for each day of delay. Failure to return the bicycle within 48 hours following the agreed-upon date exposes the tenant to filing a criminal complaint for theft and the forfeiture of the security deposit. The tenant undertakes to return the bicycle and its accessories in the condition in which they were rented, except for normal wear and tear.
RATE / PAYMENT: Rental rates are offered as packages, and their contents and conditions are displayed at the rental point, which the tenant acknowledges having read. They may be modified at any time without notice. The applicable rates and packages are those in effect on the day of the rental. The service is payable in advance by the tenant either upon the provision of the rented goods or when ordering in case of reservation under the conditions specified in the “RESERVATION / CANCELLATION” paragraph. Incomplete use of a package, for any reason, is non-refundable or compensable.
RESERVATION / CANCELLATION / WITHDRAWAL: Any reservation on the website “www.huezbikehire.com” requires the full payment of the rental online. The customer can cancel the rental (via their customer account) no later than 30 days before the scheduled equipment pickup date. In this case, the lost payment will be refunded to the customer. In case of cancellation between 31 days and the day of the service, we will retain the amount equivalent to one day of rental on the refund. According to Article L221-28 (12): The right of withdrawal cannot be exercised for service rental contracts. Original text: “Of accommodation services, other than residential accommodation, of goods transport services, car rentals, catering or leisure activities to be provided on a specific date or period.”
SECURITY DEPOSIT: A security deposit is to be provided to the lessor upon the provision of the rented goods. The amount of this security deposit corresponds to the value, determined on the day of the rental, of the bicycle or electric bicycle provided. This security deposit will be left as a credit card imprint or a pre-authorization for withdrawal. It will not be cashed during the rental period. A valid ID may also be requested and recorded by the lessor at the time of the equipment handover. The security deposit will be returned to the tenant when the rented equipment is returned in good condition after a contradictory assessment between the tenant and the lessor. However, the tenant authorizes the lessor to deduct from the security deposit any amounts that may be due in case of repair due to damage, theft, loss, non-return, or late return of the equipment under the conditions specified in the relevant articles. It is expressly agreed that the amount of the security deposit shall not constitute a limit of liability, and the lessor retains the right, if necessary, to pursue the tenant to obtain full compensation for its damages.
USAGE CONDITIONS: For their safety and that of others, the tenant acknowledges having experience in the use of two-wheelers, whether in the city or in the countryside. As soon as the tenant takes possession of the bicycle, they become its sole legal guardian and, therefore, undertake to use it carefully and to comply in all respects with the applicable regulations, the traffic code, and the conditions of use of various accessories. Consequently, they will be solely responsible for fines, offenses, and tickets issued against them. The tenant agrees not to allow anyone other than themselves or an individual approved by the lessor, for whom they vouch, to use the bicycle. They also agree to use it only for personal needs and refrain from participating in any competitions, as well as their testing or preparation. Any use of the equipment for purposes other than those intended by the manufacturer is prohibited. The tenant agrees not to make any modifications or transformations to the bicycle. Minors (under 18 years old) are only authorized to rent a bicycle with the counter-signature of their legal representative. The tenant agrees not to sublease the rented equipment and, in general, not to grant any rights, real or otherwise, to anyone that could affect the enjoyment or limit the availability or full ownership of the lessor.
LIABILITY / INSURANCE: The tenant releases the company KAPHY SAS from any liability arising from the use of the rented equipment, especially regarding accidents or bodily, material, or immaterial damages that they may cause to third parties or themselves. The tenant declares to have personal liability insurance.
BREAKDOWN / ACCIDENT: In case of breakdown or incident during the rental, the tenant agrees to make every effort to carry out initial repairs with the kit provided by the lessor to be able to return the equipment to the rental point. In case of breakdown or accident causing the immobilization of the bicycle, the tenant agrees to contact the lessor by phone, who will indicate the measures to be taken. The tenant expressly forbids abandoning the bicycle without obtaining the lessor’s agreement. In case of on-site breakdown assistance, the lessor reserves the right to apply an additional charge to the tenant.
LOSS / THEFT / DAMAGE TO THE RENTED PROPERTY: The tenant is not covered for damages, degradation, loss, or theft suffered by the rented equipment. The tenant agrees to immediately and without delay inform the lessor of any loss or theft. In case of loss or theft, the lessor will cash the total amount of the security deposit as compensation. In case of theft, the tenant must also present to the lessor the theft report established with the police services. In case of damage to the equipment, the tenant will bear the cost of restoring said equipment, which may be deducted from the security deposit. In case of gross misconduct (lack of control due to drunkenness or excessive speed), the lessor may claim, in addition to the cost of repairs, an immobilization indemnity for the bicycle corresponding to the daily rate in force within a maximum of 10 days.
CONSUMER MEDIATION SERVICE
Amicable resolution of disputes between the professional and the consumer in accordance with Articles L611-1 to L641-1 and R612-1 to R616-2 of the Consumer Code.
In the event of unresolved disputes between the Professional and the Consumer, the consumer can refer the matter to the consumer mediator. Before contacting the consumer mediator, the consumer must have already attempted to resolve the dispute directly with the professional through a written complaint or have filed a complaint according to the terms of the contract concluded with the professional.
Consumer mediation is an extrajudicial settlement of consumer disputes. If the conditions are met, consumer mediation will take place according to a specific process and in accordance with the applicable regulations. The procedure is free of charge for the consumer (R612-1 of the Consumer Code).
TO CONTACT THE CONSUMER MEDIATOR:
Amicable resolution of disputes between the professional and the consumer in accordance with Articles L611-1 to L641-1 and R612-1 to R616-2 of the Consumer Code. The procedure is free of charge for the consumer.
MEDIATION – LIVING BETTER TOGETHER
Postal Address: 465 Avenue de la Libération, 54000 NANCY
Never send original documents to the consumer mediator. Please make photocopies.
Never send defective, contentious, or refundable items to the consumer mediator.