terms & Conditions
Terms & Conditions for Rental E-Bike
1. Defnitions
LESSOR; The owner of the e-bike, e-Velo Gers
LESSEE: The party renting the e-bike.
Passenger: any adult or minor who is carried on the passenger seat of the rented e-bike.
E-bike: includes the e-bike, all accessories and equipment included in the rental.
2. Electric Bicycle Equipment and Acessories
The RENTAL Electric Bikes are rented with the following accessories:
- Warning Bell
- Front and Rear Lights
- Helmet (if LESSEE does not provide)
- Secure Lock
- Additional helmet for passenger (if LESSEE does not provide)
The RENTAL Electric Bicycle and all items above are hereinafter referred to as the E-BIKE.
3. Effective Date Provision and Recovery
To take delivery of the E-BIKES (s) the LESSEE must provide the following:
- A security deposit amounting to 800 Euros for each e-bike. This can be paid in cash, by a French bank cheque or if booking online via Stripe. Alternatively the LESSEE may provide the LESSOR with valid credit card details.
- A copy of the LESSEE’s national ID or passport
- Acceptance of the terms and conditions
Copies of Identification and credit card details will be destroyed on return of the electric bicycle (s)
The RENTAL takes effect when the LESSEE takes delivery of the E-BIKE (s). All risks associated with the RENTAL E-BIKE (s) will be transferred when the E-BIKE (S) are delivered to the LESSEE who will then take them under LESSEE’s full responsibility..
The LESSEE agrees to use the E-BIKE (S) with care for its intended purpose, to provide for its maintenance, to pay for any damage caused to the E-BIKES (s), fines and expenses for any traffic violation.
On the return of the E-BIKE (s), once confirmed that no damage or loss has been sustained, the security deposit will be returned in full.
The rentee is responsible for the security of the e-bike. A high quality lock is provided that should always be used when the E-BIKE is left unattended. In the event that an E-BIKE is stolen, the LESSEE is liable for the full replacement cost.
If the LESSEE elects to take the breakage/theft guarantee, the LESSEE is protected against breakage, whether partial or total, theft by assault, burglary or when the bicycle is attached to a fixed point. An excess of 10% of the repair bill with a minimum of €10 will be charged to you in case of breakage and an excess of 10% of the value of the cycle will be charged to you in case of irreparable breakage or theft. For more details, please refer to the warranty details on our website evelogers.com or in shop
Theft of the E-BIKE shall be reported to the police and a copy of the declaration made to the police provided to the LESSOR.
This CONTRACT is only in effect for the duration of the rental. If the LESSEE keeps the E-BIKE (S) beyond of this period without having regularized his situation, he loses the benefit of all the guarantees provided for in the CONTRACT.
The LESSEE acknowledges having received the E-BIKE (s) in good working order and with the basic equipment. The LESSEE declares to have been personally free to check the equipment.
The LESSEE is required to return the bike to the LESSOR at the end of the rental period defined in the rental contract.
Collection from LESSOR’s premises between 08:00 and 09:00. Return between 16:00 and 17:00 on the last day of RENTAL.
Delivery at LESSEE’s location by arrangement is between 09:00 and 10:00. LESSOR will collect the E-BIKE (s) between 17:00 and 18:00 on the last day of the RENTAL.
4 Payment
The entire RENTAL service shall be paid in advance. Payment methods accepted are; all major credit cards, Paypal or French cheque made payable to e-Velo Gers (LESSOR) or cash.
- RENTAL will be fully refunded if cancelled before 0800 on the day of RENTAL.
- Cancellations after 0800 will be subject to a 50% refund.
- A no-show will be subject to no refund.
5. E-Bike Use
The LESSEE certifies to be able to use the E-BIKE and to be able to ride the E-BIKE (s). Instruction will be provided in the use of the bike. E-BIKES n be rented with battery charger. It is the responsibility of the LESSEE to ensure that they understand the limitations of the bike, range display and travel within the relevant range.
LESSEE undertakes not to lend or allow another party to ride the E-BIKE (s). By express agreement between the LESSOR and LESSEE, the loan or sublet 0f the E-BIKE (s) is strictly prohibited.
By express agreement between the parties, it is strictly forbidden for the LESSEE to make mechanical adjustments to the E-BIKE in the event of failure, other than to repair a puncture or replace the inner tube. For any other cause, the LESSEE must notify without deadline e-Velo Gers (0610455638).
The LESSEE agrees to use the E-BIKE with caution, without danger to third parties in accordance with the regulations in force, the Highway Code and prevailing conditions. Wearing a helmet is strongly recommended by the LESSOR.
When parking the E-BIKE (s) and leaving unattended, the E-BIKE (s) must be securely locked to an immovable object in such manner that the lock cannot be readily removed. In the event of theft of part or all of the E_BIKE, the LESSEE must immediately notify the LESSOR, and report to the local police, providing the LESSOR with a copy of the declaration/report made.
The use of the E_BIKE shall be exclusively during daylight hours. If the LESSEE uses the E-BIKE during the hours of darkness, the LESSEE understands and accepts full responsibility for all Risks.
Mechanical assistance is provided for in this RENTAL CONTRACT within a radius of between 1 and 30 km (from LESSEE’s premises) for repairs resulting in inability to drive (broken chain, unable to repair puncture, bent rim, faulty brakes) and provided that LESSEE is in an area accessible to motor vehicles. In the event that the E-BIKE is damaged or suffers mechanical breakdown due to miss-use or negligence by LESSEE a call-out charge of 100 Euros will be made to recover the E-BIKE.
LESSOR is not responsible for the recovery of the E-BIKE (s) in the event of an unplanned event which is outside of LESSOR’s control, namely:
- LESSEE capability- the LESSEE is not capable of riding the E-BIKE effectively.
- Ride schedule – the LESSEE is not meeting their schedule and needs to abort the trip and not return the bike to LESSOR’s premises.
- Battery discharge – route planning and preparedness leaving the LESSEE without electrical power.
- Fatigue – the LESSEE is not in condition to ride a bicycle effectively.
- Accident – where an accident prevents further travel.
E-BIKE (s) s are maintained in a roadworthy conditions: it is the responsibility of the LESSEE to check the E-BIKE (s) on delivery and before setting out on a ride
Where a LESSEE intends to carry a passenger either in a child seat or on a Rad Runner passenger seat, the LESSEE by accepting these terms and conditions, accepts the risks on behalf of the passenger.
6. Prohibition
It is prohibited for LESSEE to
- Modify the RENTAL E-BIKE (s) or make any mechanical repairs except for puncture repairs.
- To sublet or loan the E-BIKE to another party
- To carry passengers not included in this RENTAL CONTRACT
- To extend the RENTAL without the agreement of the LESSOR
- To use the E-BIKE for any competitive activities
- To use the E-BIKE for purposes for which it is not designed
7. Insurance Liability Theft
For the subject RENTAL E-BIKE (s) , the LESSEE is responsible for any bodily injury, death or materials damage that the LESSEE may cause to third parties during the use of the RENTAL E-BIKE (s) of which LESSEE acknowledges having the legal custody, from the time that this RENTAL CONTRCAT is effective and when LESSEE takes delivery of the E-BIKE (s).
Under Articles 1382, 1383 and 1384 of the Civil Code, the LESSEE is held liable for damages caused to third parties.
The LESSOR is not liable for any damage suffered or caused by the LESSEE in connection with the use of the E-BIKE (s) rented to them.
The LESSEE will not be held responsible for any consequences caused by any hidden defects in the E-BIKE (s) provided that proof of the aforesaid defects is provided by the LESSEE.
The LESSEE declares to be insured and agrees to contact LESSEE’s insurance company for any damage caused to third parties resulting from LESSEE’s use of the RENTAL E-BIKE (s). By accepting these terms and conditions, THE LESSEE confirms to have adequately covered the risks associated with this E-BIKE (s) rental.
In the event of damage due to accident, loss, theft or improper handling of the RENTAL E_BIKE, the LESSE is responsible for repair costs. In the event of total damage or loss, the LESSEE is responsible for the replacement value of the E-BIKE (s). If the LESSEE elects to take the damage/theft guarantee, see ARTICLE 3
Except in cases of force majeure, any accident must be declared as soon as possible, at the latest within 24 hours.
The LESSEE not respecting these conditions will be liable to compensation estimated by the LESSOR.
It is recommended that the LESSEE (& passenger) takes out adequate insurance including medical, personal accident, loss of belongings and cancellation cover. LESSOR cannot be held responsible for LESSEE’s (or passenger’s) illness, injury or loss/damage of LESSEE’s (or passenger’s) belongings whilst using RENTAL E-Bike (s)
8. Risk
LESSEE understands and accepts that renting this E-BIKE (s) and participating in bicycling exposes LESSEE (& passenger) to many hazards that may entail unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property. LESSEE (& passenger) also understands that LESSEE should be in good physical health to participate in bicycling and LESEE confirms that LESSEE (& passenger) has no significant health issue that prevent LESSEE(or passenger) from participating in bicycling. LESSEE (& passenger) has no medical condition or been diagnosed with a medical condition that prevents LESSEE (or passenger) from bicycling. In spite of aforementioned risks and acknowledgements, LESSEE hereby assumes all risk of injury or loss of life to LESSEE and / or passenger and loss or damage to property arising out of this E-BIKE RENTAL and participating in bicycling. LESSEE (& passenger) understands the inherent risk involved in using this RENTAL E_BIKE and accepts full responsibility for any and all such damage or injury which may result.
In consideration of LESSOR renting the LESSEE the E-BKE(s), the LESSEE specifically releases and forever discharges the LESSOR (e-Velo Gers) and LESSOR’s affiliates, officers, agents or employees from any and all liability or claims for injury, illness, death or loss of or damage to property which the rentee may suffer whilst renting this e-bike and participating in bicycling.
It is LESSEE’s intent to release LESSOR and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, caused by negligence of LESSEE or whether based upon breach of contract, breach of warranty, or any other legal theory. In signing this RENTAL CONTRACT, the LESSEE fully recognizes that if injury, illness, death or damage occurs to LESSEE while LESSEE is engaged in renting this E_BIKE (s) or participating in bicycling, LESSEE will have no right to make a claim or file a law suit against LESSOR or its affiliates, officers , agents or employees.
9. Security & Deposit
When E-BIKE (s) is delivered, the LESSEE shall pay a security deposit (Refer to Article 3). When the E-BIKE (S) is returned, the deposit will be returned to the LESSEE, less any damage or deductions as provided for in this CONTRACT.
In the event that the E-BIKE (S) has suffered any loss or damage, the LESSEE is liable for all costs (refer to article 3 for the theft/damage guarantee if the LESSEE has elected to take this option). A guide for most common costs is provided at https://evelogers.com/terms-conditions/ . Normal wear and tear is not charged, however does not include broken spokes, rims, bent rims, damaged frames, handlebars, seats or other parts from damage due to misuse and/or crashes. Damaged parts or components will be repaired / replaced at LESSOR’s discretion and LESSEE agrees to pay regular shop rates and retail prices for components replaced.
In the event that an e-bike is returned late (after 1700), the LESSEE is liable to a charge of 10 euros per bike per hour.
If the e-bike (s) is being delivered/collected from the LESSEE’s location, non-availability (after 1800) of the e-bike (s) / rentee will be treated as per late return and charged at 10 Euros per hour per e-bike.
In the event that an e-bike(s) is returned in a very dirty condition due to it having been used off road in wet / mud conditions, the renter will be liable to a charge of 25 Euros for cleaning. Normal road grime is acceptable.
10. Assignment
The accessories delivered with the E-BIKE (s) must not be removed or modified by the LESSEE. The E-BIKE (s) cannot be used as collateral or assigned to another party. The LESSEE agrees not to consent with regard to the RENTAL E-BIKE(s) any right, real or otherwise, for the benefit of anyone, likely to affect the enjoyment of it or limit the availability or full ownership of the E-BIKE to the LESSOR.
11. Return
At the end of the RENTAL period, provided for in this CONTRACT and in the event of non-return of the E-BIKE (s) or in the event of non-payment of a partial invoice, the LESSEE remains responsible for the E-BIKE(s) in the LESSEE’s possession. Its restitution is compulsory at the end of the rental period provided for, under the penalties provided for in Article 314-1 of the new Penal Code, without requiring a formal notice by registered letter with acknowledgment of receipt and for which the LESSEE cannot provide any impediment.
12.Juristriction
The LESSEE and LESSOR expressly agree that any dispute that may arise from the execution of this CONTRACT will fall under the jurisdiction of the Toulouse Tribunal of Commerce.
Understanding
LESSEE realizes the importance of wearing a helmet. It is recommended that a helmet is worn at all times. LESSEE understands that this activity may result in severe injury including, including but not limited to spinal or head injury. LESSEE understands that this activity may result in hazards posed by other bicycles and traffic or road conditions. LESSOR has answered any questions that LESSEE has.
LESSEE also understands that LESSEE should not participate in this activity if LESSEE is under the influence of alcohol or drugs.