TERMS AND CONDITIONS OF RENTAL
The French Ride (TFR) is a platform accessible at www.thefrenchride.com (the “Site“), operated by The French Ride, a limited liability company with a capital of 7,500 euros, having its registered office at 25, rue Joseph Fontanet in Aix-les-Bains (73100), registered in the Chambéry Trade and Companies Register under identification number 834 168 288, having an intra-Community VAT number FR 33 834168288, registered in the register of travel and holiday operators at Atout France, 79-81 rue de Clichy, Paris (75009) under number IM073180008 (the “Company“).
These Terms and Conditions of Rental apply, without restriction or reservation and to the exclusion of all other conditions, to the rental service by the Company to consumers within the meaning of consumer law, motorcycles (the “Motorcycle (s)“.
Any rental of Motorcycles implies, on the part of the Customer, the acceptance of these General Terms and Conditions of Rental.
PRELIMINARY ARTICLE – DEFINITIONS – INTERPRETATION RULES
Terms and phrases beginning with a capital letter when used in this contract have the following meanings:
|« Special Conditions »||has the meaning ascribed to it in section 1.2;|
|« Customer »||has the meaning ascribed thereto in the Special Conditions;|
|« Contract »||has the meaning ascribed to it in section 1.2;|
|« Motorcycle (s) »||has the meaning ascribed to it in the foregoing discussion;|
|« Rent »||has the meaning ascribed to it in section 3.2;|
|« Party (ies) »||means the Customer and the Company;|
|« Company »||has the meaning ascribed thereto in the foregoing discussion; and|
|« Third party »||means any natural or legal person or other entity, which is not a Party to this Agreement.|
0.2. Rules of interpretation
The rules set out below apply to the interpretation of this agreement:
(a) the headings of articles and appendices are included for convenience and do not affect in any way the interpretation of any provision of this agreement;
(b) the use of the terms “including”,”in particular” or “including” implies that the list below is not exhaustive or exhaustive;
(c) the term “or” is not exclusive;
(d) the definition assigned to a singular term also applies to that term when it is used in the plural and vice versa. The same applies to the use of the masculine or feminine gender;
(e) the time limits expressed in days, months or years must be calculated in accordance with Articles 640 to 642 of the Code of Civil Procedure;
(f) any reference to a Party shall include a reference to its heirs, successors and assigns; and
(g) any reference to a document means that document as it may be modified or replaced (other than in violation of the terms of this agreement).
Article 1 – Object
The purpose of these Terms and Conditions of Rental is to define the terms and conditions applicable to the rental of Motorcycles. They do not confer any ownership rights on the Motorcycle made available by the Company.
The Customer may not assign all or part of the rights and obligations arising from these terms and conditions without the Company’s prior written consent. Consequently, the Motorcycle cannot be sublet by the Customer or made available to any Third party.
The Customer declares:
- to have taken full knowledge of these General Terms and Conditions of Rental and annexes;
- have received all the information necessary to make an informed decision;
- have the full capacity, power and authority to enter into and execute this Agreement; and
- the conclusion hereof does not contravene any applicable law, regulation, statute or contractual provision.
1.2. Special Conditions
To generate the specific conditions (the “Special Conditions“), the Customer fills out the form provided for this purpose on the Site and notably fills in the following information:
- name and surname;
- telephone and email adress;
- home address;
- choice of motorcycle; and
- dates of rental.
The Special Conditions together with these General Terms and Conditions of Rental constitute the contract uniting the parties (the “Contract”). In the event of a contradiction between one or more stipulations contained in the Special Conditions and these General Conditions of Rental, the Special Conditions shall prevail.
The Special Conditions include the following information in particular:
- rental dates;
- designation of the motorcycle made available;
- financial conditions; and
- perimeter of use of the Motorcycle if other than all the territories referred to in the international car insurance card (green card) and provided that the Customer can justify the required conditions (valid driving licence…).
It is the Customer’s responsibility to choose the Motorcycle to rent according to his needs, which he has previously determined and to check that it is adequate.
The Company does not guarantee in any way the feasibility and compatibility of the Motorcycle with the Customer’s project or the weather conditions, and the Company cannot be held responsible for this.
It is specified that the preparation of a quote by the Company does not guarantee the availability of the Motorcycle on the dates requested by the Customer. Any dates of availability of the Motorcycle specified when drawing up estimates are only indicative and subject to availability of the said Motorcycle. Only the acceptance by all the Parties of these General Terms and Conditions of Rental and the Special Conditions annexed hereby formalizes the agreement of the Parties.
1.3. Required conditions
The Customer is obliged to comply with the following conditions:
- must be at least 23 years old;
- have had a category A driving licence for at least 2 years. Permits whose validity date has expired, learner’s licences or student driver’s permits, statements of theft or loss of a driver’s licence, requests for duplicate copies, photocopies of a driver’s licence or other documents will not be accepted by the Company.
Driving licences issued by a country not belonging to the European Economic Area must be presented with an official translation (which must be drawn up by the embassy of the country concerned or an approved translator) or with an international permit.
An international permit cannot be presented alone, it must be accompanied by a valid national permit meeting the above-mentioned requirements.
- proof of experience in riding a motorcycle, being specified that the Company reserves the right to request from the Customer an insurance certificate attesting that the Customer was insured for riding a motorcycle in the last 2 years. In addition, it is essential that the Customer has the appropriate level and experience to ride a motorcycle on different types of roads (wavy mountain roads, city crossings, traffic jams, etc.) and in different climatic conditions that can complicate and/or make riding a motorcycle more difficult;
- have not been the subject of a withdrawal or suspension of a driver’s licence in the last 2 years or of cancellation or nullity of insurance contracts by an insurer for any type of vehicle.
In addition, the Customer must provide the Company with the following documents, either in paper form or by e-mail, within 8 calendar days following the conclusion of the Contract:
- a copy of the valid driver’s license recognized by the Company and the competent authorities of the countries crossed;
- a copy of the valid identity card or passport;
- any original proof of residence less than 3 months old
If one of the above-mentioned documents is not presented within the aforementioned deadline, the Company shall not be obliged to provide any Motorcycle to the Customer.
The identity documents and driving licences as provided above must be presented in their original version on the day of delivery of the Motorcycle, otherwise, the Company shall not be obliged to provide any Motorcycle to the Customer.
Article 2 – PROVISION OF THE MOTORCYCLE
2.1. Terms of provision
Unless otherwise stipulated in the Special Conditions, the Motorcycle is made available to the Customer at the Company’s registered office, on the date and at the time agreed in the Special Conditions.
The Motorcycle comes with:
– an ignition key and, if appropriate, the keys of the luggage and the lock;
– if appropriate, optional accessories (GPS, motorcycle luggage system, helmet, etc.);
– the following documents: insurance certificate, photocopy of the vehicle registration document, a valid insurance sticker;
– a motorcycle lock;
– a full tank of petrol.
The Motorcle and its accessories provided are in perfect condition of use, in accordance with the intended use and without visible damage. In the absence of any written reserves which have been declared contradictory by the Parties at the time of delivery of the Motorcycle concerned, the Customer shall not be able to invoke, including at the time of return of the Motorcycle, the existence of any apparent defects on the day of delivery and/or the non-compliance of the Motorcycle with the stipulations of the Contract.
When the Motorcycle is delivered, the risk is transferred to the Customer who assumes the physical and legal custody of the Motorcycle under his full responsibility.
The Customer undertakes to equip itself, at its own expense, with the equipment required by law for the use of the Motorcycle. The Company shall not be obliged to make such equipment available to the Customer.
2.2. Conditions of Use
The Customer declares that he/she has the necessary skills for the proper use of the Motorcycle.
The Customer undertakes to use the Motorcycle as a good father in accordance with its destination and the regulations in force, with prudence and diligence, to scrupulously respect the highway code, the instructions and instructions for use and safety set by the regulations as well as by the manufacturer of the Motorcycle or the Company. Any infringement must be settled directly by the Customer.
The Company reserves the right to pass on the details of the Client and the beneficiaries stipulated in the Special Conditions to the competent authorities for any fines, tickets, reports and other infringements or misdemeanours, and the Client shall pay the resulting costs, even if the provision is completed.
The Customer agrees not to use the Motorcycle in any race, competition or rally without this list being restrictive.
The Customer is obliged to carry out the following checks on a regular basis: oil level, coolant level, tensioning and lubrication of the transmission chain and tyre pressure. The Customer shall remain vigilant to any signal emitted by the warning lights appearing on the motorcycle dashboard and shall take all necessary precautionary measures, if necessary, such as the emergency stop.
The Client also undertakes to take all necessary measures to protect goods and persons.
The Customer undertakes not to use the Motorcycle under the influence of an alcoholic state or under the influence of drugs or any other substance affecting his conscience or his ability to react.
The Customer undertakes to wear a helmet and gloves complying with current standards and road traffic regulations, as well as to wear protective equipment adapted to the practice of motorcycling.
The Customer is obliged to protect the Motorcycle from damage and not to expose it to any risk of direct or indirect damage. As a result, the Customer must systematically use the steering lock as well as the provided lock and lock the Motorcycle outside of driving periods.
The Customer undertakes never to leave the keys, GPS and papers supplied with the said motorcycle outside of driving periods and to keep them in a safe and secure place.
The Customer undertakes not to modify the Motorcycle, nor to repair it without prior written notice from the Company.
2.3. Accident – Breakdown – Theft – Loss
In the event of an accident, the Customer undertakes to immediately notify the police or other authorities if there are any injured persons. An amicable, precise and legible report duly completed must be submitted to the Company as soon as possible.
In addition, the Customer undertakes to inform the Company of any accident, damage, malfunction, anomaly or case of possible breakdown of the Motorcycle as soon as it is noticed or presumed by any means and to send an e-mail to the following address: email@example.com. The Customer must then stop using the Motorcycle and refrain from repairing it or having it repaired.
In the event of theft or break-in, the Customer is required to immediately inform the Company of the claim and will lodge a complaint with the competent authorities; he/she will hand over the complaint to the Company within a maximum of 48 hours and, in the event of theft, the keys and documents of the Motorcycle, except in cases of force majeure. The Company’s obligation to make the Motorcycle available hereunder shall automatically cease on the day the Motorcycle is found to be stolen. The Company shall not be obliged to make a substitute Motorcycle available to the Customer.
In the event of a breach of the aforementioned obligations, the Customer assumes full financial responsibility in the event of breakage, any damage, loss or theft of the Motorcycle, accessories or any of the elements of the Motorcycle, including in the event of a Third-Party.
In case of loss of the motorcycle keys, these will be invoiced to the Customer as well as, if necessary, the costs of repatriation of the Motorcycle.
The Customer undertakes to return the Motorcycle to the Company in perfect condition at the day, place and time of return agreed in the Special Conditions with a full tank of petrol.
Any delay in the return of the Motorcycle will automatically give rise, without any particular formality or prior formal notice, to the application of penalties for delay. These late payment penalties will be due and automatically deducted from the first day of delay as follows: 10% of the rent per calendar day of delay and from the first day of delay. It is specified that these penalties do not constitute a lump-sum compensation for damages suffered by the Company. The application of penalties is independent of any other damages suffered by the Company as a result of the delay.
Article 3 – RENTAL PERIOD – RENT
3.1. Duration of the rental
The Contract is concluded for a period of time as stipulated in the Special Conditions.
It is reminded that upon handing over the Motorcycle, the risk is transferred to the Customer who assumes the physical and legal custody of the Motorcycle under his full responsibility.
The rental and the corresponding legal custody ends on the day the Motorcycle and its accessories are returned by the Customer.
The Customer is liable for a rent stipulated in the Special Conditions (the “Rent”) to be paid in accordance with the terms and conditions set forth in these conditions
The Rent is payable by secure payment, according to the following terms and conditions:
By Credit Card: Visa, MasterCard, American Express.
By Bank Transfer: according to the instructions indicated on the Site.
Payment data are exchanged in encrypted mode.
The Customer must also pay a security deposit of an amount stipulated in the Special Conditions, in the form of a bank print. The security deposit will eventually be used by the Company as security for the performance of the Customer’s obligations hereunder.
The balance remaining after deduction of the expenses to be paid (in respect of the Rent and additional costs not paid, repair and/or replacement of the Motorcycle, expenses of return of the motorcycle without petrol…) will be returned to the Customer 30 days after the Customer has made a written request and after payment by the Customer of all his obligations.
Without prejudice to any damages, the Customer’s failure to pay all or part of the Rent on its due date shall automatically result in default:
- the application of interest on arrears equal to 5% of the pre-tax amount of the invoice concerned by the payment incident, without prior notice of default, per calendar day and from the first day of the delay, plus bank charges and additional management fees;
- immediate payment of all sums due to the Company by the Client, without prejudice to any other action that the Company may take against the Client in this respect; and
- the obligation to immediately return the Motorcycle at the Customer’s exclusive expense and the suspension of the Company’s obligations hereunder.
In the event of a breach by one of the Parties of its contractual obligations, the Contract may be terminated by operation of law by the other Party 15 days after the sending of a letter of formal notice sent by registered letter with acknowledgement of receipt without effect. The formal notice shall indicate the defect (s) found.
Once the Contract has been terminated, the Customer must return the Motorcycle to the Company.
Article 4 – LIABILITY AND INSURANCE
4.1. Motorcycle Liability
The Customer remains the guardian of the Motorcycle from the moment the Motorcycle is made available until its return to the Company in due and proper form.
The Customer is solely responsible for any damage caused to the Motorcycle, any violation of the Highway Code and any damage caused by the Motorcycle to any person or property. This responsibility ceases with the return of the keys and the motorcycle to the Company after the establishment of a contradictory statement on the condition of the Motorcycle and accessories. However, the Customer remains entirely and solely responsible for all damage caused prior to the return of the Motorcycle.
Any refusal to carry out the contradictory statement in the agreed conditions, entails acceptance by the Customer of the invoicing of possible damages noted in his absence.
In the event that the Motorcycle and its accessories are not returned in their original condition, the Customer undertakes to pay the Company for the necessary repairs.
4.2. General provisions
The Contract is not directly or indirectly linked to any other contract of the Customer.
The Company shall not be liable for any delay or non-performance of this contract due to force majeure, as defined by the jurisprudence of French courts and tribunals.
The Company shall not be liable under any circumstances for indirect or unforeseeable losses or damages of the Customer or third parties, including but not limited to any lost profits, loss of revenue or profit, loss of customers or loss of opportunity related to any title and on any basis whatsoever.
The terms and conditions of the insurance policy included in the provision of the Motorcycle are set out in the Special Conditions. The Customer is required to comply with all the stipulations of this insurance policy, both its general and specific conditions. Furthermore, he shall not be entitled to demand reimbursement from the Company for any deductible paid.
Motorcycles are only insured for the duration of the rental period indicated in the Special Conditions. After this period, and unless the extension is accepted, the Company declines all responsibility for any accidents caused by the Customer that the Customer may have caused and for which he/she will have to do his/her personal business, except for the exclusions provided by law.
Article 5 – GUARANTEES
|Pursuant to Article 15 of Law 2004-575 of June 21,2004, the Company is legally liable to the Client for the proper performance of the obligations arising hereunder, whether these obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against them.
However, the Company may waive all or part of its liability by proving that the non-performance or improper performance of these terms and conditions is attributable either to the Client, or to the unforeseeable and insurmountable event of a Third Party not involved in the provision of the services provided herein, or to a case of force majeure.
Article 6 – DATA PROTECTION & FREEDOM OF INFORMATION
In application of the law n° 78-17 of January 6,1978, it is recalled that the nominative data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any of the Company’s partners responsible for the execution, processing, management and payment of orders.
The Client has, in accordance with the national and European regulations in force, a right of permanent access to modify, rectify and oppose the information concerning him/her.
The conditions for the processing of the Customer’s personal data are explained in detail in the General Conditions of Use of the Site accessible here.
The Customer may exercise his rights by writing to the following e-mail address: firstname.lastname@example.org, or to the following postal address: The French Ride – 25, rue Joseph Fontanet in Aix-les-Bains (73100).
A reply to the Customer’s request will be sent within 30 days.
Article 7 – RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L. 221-28,12° of the consumption code, the Customer does not have a withdrawal period. Consequently, the Customer shall not be able to withdraw from his commitment once the Contract has been concluded.
Article 8 – INTELLECTUAL PROPERTY
The content of the Site is the property of the Company and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offence of counterfeiting.
Article 9 – SITE AVAILABILITY
The Company makes every effort to ensure the availability of the Site, 24 hours a day, 7 days a week.
The Company nevertheless declines all responsibility in the event of unavailability of the Site, at any time or during any period. The Customer is warned of technical contingencies and access interruptions that may occur. Consequently, the Company cannot be held responsible for any unavailability or slowdown of the Site.
Article 10 – APPLICABLE LAW – LANGUAGE
This Contract and the transactions arising therefrom are governed by and subject to French law.
In the event that these conditions are translated into one or more foreign languages, only the French text will be authoritative in case of dispute.
Article 11 – DISPUTES
In the event that a dispute concerning the validity, performance or interpretation of this Contract is brought before the civil courts, it shall be subject to the exclusive jurisdiction of the French courts to which it is expressly assigned.
In the event that the Client is a professional within the meaning of consumer law and the dispute is brought before the civil courts, the Commercial Court of Chambéry has jurisdiction.
The Customer is informed that he may in any case resort to conventional mediation or to any alternative dispute resolution (e. g. conciliation) in the event of dispute.
Article 12 – PRECONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Customer acknowledges having communicated, prior to placing his order, in a legible and understandable manner, these Terms and Conditions of Rental and all the information and information referred to in Articles L. 111-1 to L. 111-8 of the Consumer Code, and in particular:
- the essential characteristics of motorcycles;
- the price of the rental and ancillary costs;
- information relating to the identity of the Company, its postal, telephone and electronic contact details, and its activities, if they do not emerge from the context;
- information on legal and contractual guarantees and their implementation;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information about the right of withdrawal, termination terms and other important contractual conditions.
Ordering on the Site implies full acceptance and acceptance of these Terms and Conditions of Rental, which is expressly recognized by the Customer, who renounces, in particular, to avail himself of any contradictory document, which would be unenforceable against the Company.