Paris by bike

GENERAL SALES CONDITIONS RENTAL OF ELECTRICALLY ASSISTED BICYCLES – SHORT TERM

ARTICLE 1 : PURPOSE OF THE CONTRACT

The purpose of these general rental conditions is to determine the terms and conditions for the rental of Electrically Assisted Bikes (hereinafter referred to as «EAB») and any accessories (hereinafter referred to as «Accessories») through a rental contract concluded between the Sofitel Paris Le Faubourg (hereinafter referred to as the «Renter») and the customer (hereinafter referred to as the «Tenant»).

ARTICLE 2 : THE TENANT

In order to benefit from the rental contract, the signatory must be of legal age (18 years old), declare himself fit to ride a bicycle and have no medical contraindication.

Persons other than the Tenant may be authorized to use the EAB(s) and Accessories provided that their identity is precisely indicated in the rental contract, and that they meet the same conditions as the Tenant, including in the case of minor children, and whose legal guardian is the signatory of the contract. Apart from the Tenant and any authorized users, no one is authorized to use the EABs and Accessories.

ARTICLE 3 : RENTAL CONDITIONS: RESERVATION, PAYMENT, RATES, DURATION, DEPOSIT, AVAILABILITY, AND ACCOMPANIMENT

A : RESERVATIONS

The Tenant can reserve the rental with the valets. The Sofitel Paris Le Faubourg may request the payment of a deposit in order to confirm the reservation.

B : RENTAL/PAYMENT TERMS / PAYMENT METHODS :

When signing the contract, the Tenant provides the necessary supporting documents (identity card or valid passport) and proceeds to the delivery of a deposit (see below).

At the time of delivery of the VAE and Accessories, an inventory will be made and signed jointly.

C : RATES

The Sofitel Paris Le Faubourg provides the Tenant with one or more EABs as well as their accessories under the pricing conditions in effect on the day of the signature of the rental contract.

These rates are described on the etinselle.fr website or at the hotel reception.

Rental rates are subject to change.

D : DURÉE DE LOCATION / RESTITUTION :

The rental is for a maximum of 4 hours, after which the Tenant must return the VAE(s) and the Accessories to the starting point. If the Tenant wishes to extend the duration of the rental, he must inform Sofitel Paris Le Faubourg and obtain its prior agreement.

No refund will be made if the Tenant returns the VAE(s) and the Accessories before the scheduled end date of the rental.

Any late return will give rise to the application of a fixed penalty equal to the price per 4-hour period. The equipment must be returned in working order and in a proper state of cleanliness. Sofitel Paris Le Faubourg reserves the right to apply the schedule for repairs and maintenance in the appendix.

E : DEPOSIT / SECURITY DEPOSIT

As a guarantee of the good execution of his obligations by the Tenant, the latter must pay a deposit to the Sofitel Paris Le Faubourg in the amount of 1000 Euros per EAB by the print of the bank card and leave an identity document during the rental period. Photocopies will not be accepted – the name on the credit card and the ID must match.

This deposit is not cashed during the rental period. Etinselle reserves the right to keep the deposit for 24 hours.

Upon return of the Rented Goods, the deposit is returned to the Hirer after deduction of any damage provided for in Article 7.

By express agreement, the security deposit is attributed to the Sofitel Paris Le Faubourg in full ownership of the sums owed by the Tenant to Etinselle in the event that the Tenant does not pay any sum owed to the Sofitel Paris Le Faubourg when due.

The Tenant authorizes the Renter to deduct from the deposit the amounts due:

– for the deductible

– in repair of damages and theft, the costs of which are set out in the annex: «list of damaged parts».

– as compensation for late return of the Leased Goods

It is expressly agreed that the amount of the deposit shall in no case constitute a limit of guarantee, the less or retaining, if necessary, the right to sue the lessee for full compensation of his loss.

ARTICLE 4 : CONDITION OF THE EABS AND ACCESSORIES, MAINTENANCE AND REPAIR

The Hirer acknowledges having received the rented EABs in good working order with the basic equipment.

He/she declares that he/she personally had all the freedom to check the rented EABs and to choose them according to his/her needs.

The tenant commits himself to return the rented EAB in the state in which he rented them, except for normal wear and tear.

The tires are in good condition and without cuts. In the event of deterioration of one of them for a cause other than normal wear and tear, the Hirer undertakes to replace it with a new tire of the same brand, with the same characteristics and dimensions.

Any damage or reservation, at the time of the provision or return of the EAB(s) and the Accessories must be mentioned on the rental contract.

Repairs, exchanges of parts or tires resulting from normal wear and tear are the responsibility of the Sofitel Paris Le Faubourg and will be carried out by its care.

In the event of immobilization, the EAB and Accessories shall then be returned to the dedicated rental point, by the Tenant and at his expense, which shall include the costs of removal and transportation.

In such event, the Lease shall continue to run normally and all subsequent obligations of Tenant shall remain in effect.

ARTICLE 5 : CONDITIONS OF USE OF THE EAB(S) AND ACCESSORIES

From the moment the EAB(s) and the Accessories are made available; the Tenant shall have custody of them and shall be solely responsible for them as well as for the consequences that may result from their use.

The Hirer shall be solely responsible for any violation of the Highway Code relating to the driving or custody of the EAB(s) and the Accessories, or any other violation of the legislative, fiscal and regulatory provisions in force, committed during the term of the contract.

The Tenant is responsible for any fines, notices of violation and fines and undertakes to reimburse the Sofitel Paris Le Faubourg for the amount of such fines, notices of violation and fines if the Sofitel Paris Le Faubourg is required to pay them in advance.

In case of intervention of the Sofitel Paris Le Faubourg in the payment of these fines, tickets or fines, the Sofitel Paris Le Faubourg will charge the Tenant a flat fee of 25 Euros per intervention as a processing fee.

The Tenant undertakes to take all measures to avoid damage, theft or fraudulent removal of the EAB(s) and the Accessories.

In particular, he/she undertakes, when the EAB and the Accessories are parked, to attach it to a fixed element using the anti-theft device provided by the Sofitel Paris Le Faubourg.

The Renter shall use the Bicycle(s) and Accessories with due care and attention as the Sofitel Paris Le Faubourg is entitled to expect.

The Renter acknowledges having received and read the handover of the electrically assisted bicycle;

The Renter agrees to comply with the following instructions: The transport of a person on the luggage rack is strictly forbidden. Children (maximum weight 22 kg) must be transported in a child seat. The baskets (if the Tenant opts for) are reserved for the transport of non-bulky objects, within the limit of 2 kg;

The Tenant undertakes not to modify or add anything to the EAB and the Accessories.

The Renter acknowledges that he/she is aware that the Sofitel Paris Le Faubourg provides helmets for each electric bicycle rented and strongly advises adults to wear a helmet for safety reasons. Regarding minors under the age of 12, helmets have been mandatory since March 22, 2017. Etinselle cannot be held responsible if the customer refuses to wear a helmet.

The EAB and its accessories must not be used in an abnormal way, in particular:

– off-road (except for mountain bikes);

– for the transportation of passengers for remuneration ;

– for subletting ;

– for the towing or pulling of any object, other than those rented by RSB;

– for the transport of a passenger, except for the transport of a small child provided that an approved seat is installed.

– for the transport of flammable, explosive, corrosive, oxidizing, radioactive materials or sources of ionizing radiation

The EAB(s) and the Accessories must be returned in the same state of operation and appearance as when they were made available, with the tires in good condition. Failing that, any costs of repairing the EAB(s) and Accessories shall be borne by the Tenant.

If the Tenant wishes to transport the EAB and its accessories by his own means, the Sofitel Paris Le Faubourg declines all responsibility for the functioning and safety of the bicycle after loading.

Also, Tenant shall:

– inform the Sofitel Paris Le Faubourg in advance,

– test the material before loading it,

– establish a precise inventory of fixtures with photos,

– ensure that the rented EAB(s) are not damaged during transport by using the appropriate means.

ARTICLE 6 – CONDITIONS OF USE, CUSTODY AND RETURN OF THE ACCESSORIES

The installation and removal of the Accessories shall be carried out by the Sofitel Paris Le Faubourg upon taking possession and return of the same.

From the moment of the provision of the Accessories, the Hirer shall have custody of the Accessories and shall be solely responsible for them and the consequences that may result from their use.

The Tenant agrees to take all measures to avoid damage, theft or fraudulent removal of the Accessories. He/she is responsible for theft, damage or loss of the accessories.

The Tenant shall use the Accessory (ies) in compliance with the regulations, in good faith and taking all precautions that the Sofitel Paris Le Faubourg is entitled to expect.

The Accessory (ies) must be returned in the same condition as when it/they were made available.

If not, the possible expenses of restoration will be charged to the Tenant.

The lease is granted for the term specified in the lease agreement.

No refund will be made if the Tenant returns the accessory (ies) before the scheduled end of the rental period.

ARTICLE 7 : RESPONSIBILITY – DAMAGE TO RENTED GOODS – THEFT

The Tenant shall be personally liable for any damage caused by the use of the EAB(s) and the Accessories. The liability of the Renter shall not be called into question in respect of damage suffered or caused by the EAB(s) and the Accessories, unless it is proven that such damage is due to an internal defect or to a lack of maintenance of the EAB(s) and the Accessories.

The Tenant declares that he/she holds a personal civil liability insurance policy that guarantees the liability incurred during the use of the rented Goods by him/herself, the persons under his/her care and his/her employees.

The hirer is therefore not covered for any damage to the rented item and is personally liable for said damage, breakage, loss and theft.

In case of breakage: the hirer undertakes to return the damaged material and it must be recognizable and complete. The damage suffered by the equipment will be charged to the tenant according to the tariff in force annexed to this contract.

Theft and loss of equipment are not covered.

Consequently, the material will be invoiced to the tenant on the basis of its new value deductions made of the obsolescence (cf article obsolescence of 20% per annum). The deposit will be used to cover part or all of the loss.

An invoice will be provided to the hirer so that he/she can eventually present it to his/her personal insurer.

ARTICLE 8 – OBLIGATIONS OF THE TENANT IN CASE OF ACCIDENT OR THEFT

The Tenant agrees to notify the Sofitel Paris Le Faubourg of the loss, in all cases, as soon as possible and at the latest within 24 hours (twenty-four hours) of the occurrence of the loss.

Tenant further agrees to:

A : In the event of an accident, within 48 hours (forty-eight hours), or 2 working days (two days), send to the Sofitel Paris Le Faubourg, even in the case of material damage to the EAB(s) and accessories, the original of the accident report, duly and legibly filled in (failing that, the accident report including all the necessary information on the circumstances of the accident, the contact details of the driver of the EAB(s), those of the adversary and his insurer, as well as those of the witnesses, and the damage to the Vehicle(s) and/or accessories)

B : In the event of theft of the EAB(s) and Accessories, or vandalism, the Renter is required to report the theft or vandalism to the police or gendarmerie authorities as soon as the damage or disappearance has been ascertained, and to report and provide the certificate of complaint to the Sofitel Paris Le Faubourg within 24 hours (twenty-four hours) or 1 day (one day) of the damage or disappearance being ascertained.

ARTICLE 9 : ASSISTANCE OF THE RENTER

The tenant rents the EAB in perfect working order. A repair kit is provided for each rental to deal with a flat tire. The renter is therefore responsible for returning the EAB to the original rental point.

Repatriation assistance is free of charge in the event of problems inherent to the bicycle, related to poor maintenance or a manufacturing defect. Apart from these cases of coverage, problems such as derailment, battery depletion, flat tire, breakage due to misuse are not covered. In these cases, the tenant will bear the cost fixed at 100 Euros TTC per intervention.

This assistance is possible during the opening hours of the stations. It is geographically limited to roads accessible to motor vehicles. Failing that, the lessee will use his best efforts to reach an accessible road.

ARTICLE 10 : AUTHORIZATION TO PUBLISH PHOTOGRAPHS

During the course of the rental, photographs of the Tenants may be taken.

The Tenant is informed and accepts that photographs in which he appears may be published by Étinselle on his website and on social networks such as Facebook, Instagram, Twitter, etc., for promotional purposes.

The Tenant not wishing that photographs in which he appears be published by Étinselle on his website, must inform Sofitel Paris Le Faubourg before the start of the service or afterwards by sending an e-mail.

ARTICLE 11 : MISCELLANEOUS PROVISIONS

In the event of non-performance by the Tenant of any of its contractual obligations, the Sofitel Paris Le Faubourg may automatically terminate the lease in advance, without prejudice to any other rights. This contract is subject to French law.

ARTICLES 12 : DEFINITIONS

ACCIDENT : Any sudden, unforeseen event external to the damaged property and constituting the cause of the damage.

Accidental material damage: Any deterioration or destruction of the EAB(s) and Accessories following an accident or fall with or without an identified third party.

VOL : Any sudden and unforeseen event resulting in the total disappearance of the EAB(s) and Accessories mentioned on the rental contract

BREAK-IN : Forcing or destruction of the anti-theft device linking the cycle to a fixed attachment point on the public highway.

Referenced anti-theft device: For all cycles, a U-type anti-theft device, a chain-type anti-theft device, an articulated anti-theft device, a cable-type anti-theft device of at least 10 mm in diameter.

DEPRECIATION : A discount is applied to the value of the new equipment, after deduction of the VAT in force at the time of its acquisition. The discount is set at 20% per year.

ARTICLE 13 : DATA PROTECTION ACT

In application of the Law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms modified by the Law n°2004 -801 of August 6, 2004, the Tenant is informed and accepts that :

A : the personal data transmitted may be used for surveys, analyses or in the context of commercial operations by the Sofitel Paris Le Faubourg

B : In accordance with the aforementioned law, he/she has the right to access, modify and withdraw data concerning him/her, upon request to the Sofitel Paris Le Faubourg

ARTICLE 14 : DISPUTE

In the event of any dispute relating to the execution, interpretation or termination of this contract, the competent court will be that of the registered office of the less or to which the parties attribute exclusive competence.