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General Terms and Conditions of Rental

Terms and Conditions of Rental | Locmotoverdon


Locmotoverdon is a platform accessible at the following address www.locmotoverdon.fr (the "Site"), operated by Mr. Alain Villaverde, auto-entrepreneur, having its registered office located at Le village, Saint-lions ( 04330 ) registered in the register of commerce and companies under the identification number 851 730 192 00024 (the "Provider").


 
These General Terms and Conditions of Rental apply, without restriction or reservation and to the exclusion of all other conditions, to the service of rental by the Provider to consumers within the meaning of consumer law, of motorcycles (the "Motorcycle(s)").


Any rental of a Motorcycle implies, on the part of the Customer, the acceptance of these General Terms and Conditions of Rental.



Preliminary Article - Definitions - Rules of interpretation


0.1.  Definitions

Capitalized terms and phrases when used in this Agreement shall have the following meaning:


"Special Conditions"

has the meaning assigned to it in Section 1.3;


"Client" means

shall have the meaning set forth in the Special Conditions;


"Contract"

has the meaning set forth in Section 1.3;


"Motorcycle(s)"

shall have the meaning set forth in the Precedent Statement;


"Motorcycle(s)

has the meaning set forth in Section 3;


"Rent" has the meaning set out in Section 3.

has the meaning set forth in Section 4;


"Party(ies)"

means the Client and the Provider;


"Service Provider"

shall have the meaning set forth in the foregoing; and


"Third Party"

means any individual, corporation or other entity that is not a Party to this Agreement.


0.2.  Rules of Interpretation


The following rules of construction shall apply to the interpretation of this Agreement:


the titles of the Articles and Schedules are included for convenience and shall not affect the interpretation of any of the provisions of this Agreement;
 

the use of the terms "including", "in particular", or "including" implies that the enumeration which follows is not restrictive or exhaustive;
 


the term "or" is not exclusive;
 

the definition attributed to a singular term also applies to that term when used in the plural and vice versa. The same applies to the use of the masculine or feminine gender;
 


the counting of time limits expressed in days, months or years must be done in accordance with the provisions of articles 640 to 642 of the code of civil procedure;
 

any reference to a Party includes a reference to its heirs, successors and assigns; and
 


any reference to a document means that document as it may be amended or replaced (other than in violation of the terms of this Agreement).


Article 1 - Purpose


1.1.  Principle

The present General Terms and Conditions of Rental are intended to define the terms and conditions applicable to the rental of Motorcycles. They do not confer any right of ownership on the Motorcycle made available by the Provider.

The Customer may not transfer all or part of the rights and obligations resulting from these Terms and Conditions without the Provider's prior written consent. Consequently, the Motorcycle may not be sublet by the Customer or made available to any Third Party except for the second driver expressly declared in the Special Conditions.


1.2 Capacity


The Customer declares :

that he/she is fully aware of the present General Rental Conditions and appendices;
 

to have received all the information necessary to make an informed decision;
 

that it has the full capacity, power and authority to enter into and perform this agreement; and
 

that entering into this Agreement does not violate any law, regulation, statute or contractual provision applicable to it.


1.3 Special Conditions


To generate the special conditions (the "Special Conditions"), the Customer fills in the form provided for this purpose on the Site and provides the following information:

name and surname as well as those of the possible second driver ;
 

telephone number and e-mail address as well as those of the second driver if any
 

home address;
 

choice of the Motorcycle
 

dates of availability.
 

Type and number of license as well as those of the possible second driver.
 

The Special Conditions constitute, together with these General Rental Conditions, the contract between the Parties (the "Contract"). In the event of a contradiction between one or more stipulations in the Special Conditions and these General Rental Conditions, the Special Conditions shall prevail.

The Special Conditions include the following information:

dates of rental ;
 

designation of the Motorcycle made available; and
 

financial conditions.
 
It is the Customer's responsibility to choose the Motorcycle to be rented according to his needs that he has previously determined and to check that it is suitable.

The Provider does not guarantee the feasibility, the compatibility of the Motorcycle with the Customer's project or the weather conditions suitable for the use of the Motorcycle, and the Provider cannot be held responsible for this.

It is specified that the establishment of an estimate by the Motorcycle does not guarantee the availability of the Motorcycle on the dates desired by the Customer. All dates for the provision of the Motorcycle specified in the quotation are only indicative and subject to the availability of the Motorcycle. Only the acceptance by all the Parties of these General Terms and Conditions of Rental and the Special Terms and Conditions attached thereto formalises the agreement of the Parties.

1.4.  Conditions required

The Customer, including the second driver declared in the Special Conditions, must meet the following conditions

be at least 21 years old.
have a valid French driving license of category :
- A or A2 for 410cc motorcycles.
- a B license issued for at least 2 years + 7h training certificate required for 125cc motorcycles
 
not to have been the object of a withdrawal or suspension of driving license in the last 5 years.
 
In addition, the Customer must present to the Provider, in original, at the latest on the day of the delivery of the Motorcycle, the following documents, concerning him and the possible second driver mentioned in the Special Conditions:

The driving license: a type A or A2 driving license for a 410 cc Motorcycle and a B license and a 7-hour training certificate for a 125 cc Motorcycle as well as any other document required by law to drive the Motorcycle. The international license will be required if the Customer is not a citizen of the European Union.
 
Valid identity card or passport;

The Provider will make a scan and/or a copy of the documents presented and will keep it.

If the Customer fails to present one of the above-mentioned documents within the above-mentioned time limit, the Provider shall not be obliged to make any Motorcycle available to the Customer.

Article 2 - Provision of the Motorcycle

2.1.  Terms and conditions

The Motorcycle is made available to the Customer at the address indicated in the Special Conditions, on the date and at the time agreed in the Special Conditions. In any event, unless otherwise stipulated in the Special Conditions, the Motorcycle will be delivered no earlier than 8 a.m.
 

The place of delivery of the Motorcycle shall not exceed a radius of 50 kilometers from the registered office of the Provider. Otherwise, the Provider reserves the right to charge an additional delivery fee for the Motorcycle.

The Motorcycle is delivered with :

a key to start the Motorcycle;
 
the following documents: insurance certificate, copy of the vehicle registration document, a valid insurance sticker, motorcycle operating instructions;
 
an anti-theft device;
 
a full tank of gasoline.
 
The motorcycle and its accessories are provided in perfect condition, in accordance with the intended use and without apparent damage. In the absence of written reservations noted by both parties when the Motorcycle is handed over, the Customer may not invoke, including when returning the Motorcycle, the existence of any apparent defects on the day it was made available and/or the non-conformity of the Motorcycle with the provisions of the Contract.

 

2.2 Conditions of use

 
The Customer declares that he/she has the necessary skills to use the Motorcycle properly.

The Customer undertakes to use the Motorcycle with due care and diligence, in accordance with its intended purpose and the regulations in force, and to comply scrupulously with the Highway Code and the instructions and notices for use and safety laid down both by the regulations and by the manufacturer of the Motorcycle or the Provider.

The Customer must regularly check the following: oil level, coolant level and tire pressure. The Customer shall remain alert to any warning lights on the Motorcycle's dashboard and take all necessary precautionary measures, if any, such as emergency stop.

The Customer also undertakes to take all necessary measures to protect property and persons.

The Customer is obliged to protect the Motorcycle against any damage and not to expose it to any risk of direct or indirect damage. Consequently, the Customer must systematically use the anti-theft device provided and lock the Motorcycle when not in use and keep the keys, helmet and papers provided with the Motorcycle in a safe place.

The Customer agrees not to modify the Motorcycle or repair it without prior written notice from the Provider.

The Customer shall not :

moving the Motorcycle other than by its own means. The Customer may not: move the Motorcycle other than by its own means, i.e. pulling the Motorcycle or transporting it on a motorized land vehicle;

moving the Motorcycle, in any way whatsoever, including in the course of its normal use, outside the territory of Metropolitan France; and
 
to use the Motorcycle outside the public domain and roads. Consequently, the Customer may not use the Motorcycle on private land, beaches or any other non-track.
 
The Customer undertakes to ensure that any second driver complies with all the obligations of the Agreement and is fully responsible to the Provider. The Provider reserves the right to take direct action against the Customer in case of any damage and/or violation of the obligations under the Agreement by the second driver.

2.3.  Accident - Breakdown - Theft - Loss
 

In the event of an accident, the Customer undertakes to immediately notify the police or gendarmerie authorities if there are any injuries. An amicable, precise and legible report duly completed must be given to the Provider as soon as possible.

The Customer also agrees to notify the Provider of any accident or possible breakdown of the Motorcycle as soon as it is noticed or suspected by any means and to send, in addition, an email to the following address: locmotoverdon@outlook.fr.

 The Customer must then stop using the Motorcycle and refrain from repairing it or having it repaired. The Provider will, within a reasonable period of time, recover the Motorcycle and replace it with another Motorcycle for the remaining term of the Agreement if the latter exceeds 24 hours. The Contract shall continue in full force and Customer shall use the substitute Motorcycle in accordance with the terms hereof.

In case of theft or break-in, the Customer shall immediately inform the Provider of the damage and file a complaint with the competent authorities; the Customer shall provide the Provider within 24 hours with the complaint and, in case of theft, with the keys and papers of the Motorcycle, except in case of force majeure. The Provider's obligation to provide the Motorcycle hereunder shall automatically cease on the date of the discovery of the theft of the Motorcycle. The Provider shall not be obliged to provide the Customer with a replacement Motorcycle.

In case of breach of the above obligations, the Customer assumes full financial responsibility for any breakage, damage, loss or theft of the Motorcycle including in case of a Third Party.

In case of loss of the keys of the Motorcycle, the Customer will be charged a flat fee of 200 euros as well as, if necessary, the costs of repatriation of the Motorcycle

 

2.4.  Return

The Customer agrees to return the Motorcycle to the Provider, with its full tank of gasoline, in perfect condition on the day, place and time of return agreed in the Special Conditions. The return of the Motorcycle must occur at the latest, unless otherwise stipulated in the Special Conditions, before 7 p.m.

Any delay in the return of the Motorcycle will automatically give rise, without any particular formality or prior notice, to the application of late penalties. These late penalties will be due and deducted automatically from the first day of delay according to the following terms: 15% of the Rent per calendar day of delay and from the first day of delay. Any delay exceeding the day D of the return of the motorcycle will automatically give place to the invoicing of an additional day and this until the motorcycle is restored.

It is specified that these penalties are not a discharge and do not constitute a lump sum compensation for the damage suffered by the Provider. The application of the penalties is independent of any other damage suffered by the Provider due to the delay.

In the event that the fuel tank of the Motorcycle is not full on the day of its delivery to the Provider, the Provider reserves the right to invoice the Customer for the amount of the full tank of gasoline required with a flat fee of 30 euros.

 
Article 3 - Accompanying person

If expressly stipulated in the Special Conditions, the Provider provides a service of accompaniment of the Customer.

This service includes limitatively :

the proposal of an itinerary to travel with the Customer and the guide designated by the Provider (the "Guide").

The Customer is solely responsible for the choice of an itinerary. The Customer is responsible for the choice of the itinerary and must ensure that he/she has all the physical and technical skills required to complete the itinerary and that he/she has no medical contraindications.


The accompaniment of the Customer by the Tour Leader for the duration of the itinerary. This accompaniment will be done on an individual motorcycle, the Customer having to complete the itinerary, by his own means, with the Motorcycle.


The Companion will not be obliged to transport the Client or his Motorcycle in the event of a breakdown, including fuel breakdown, or abandonment of the route.


The escort service is limited to 12 hours. In the event that, in view of the Client's progress, the itinerary may not be completed in its entirety within the aforementioned time, the Tour Operator will be entitled to demand a reduction in the length of the itinerary so as not to exceed the aforementioned time.


In case of exceeding the above-mentioned duration, the Provider reserves the right to demand an hourly remuneration based on the rate of 20 euros all taxes included per hour.


Any under-utilization of the service by the Customer shall not justify any reimbursement of the price of the service advanced by the latter.


The provision of a headset in order to communicate with the Tour Leader during the itinerary. The Client must, however, have a cell phone, a chip and access to the telephone network in order to make or receive calls on said headset.


The cost of communications as well as any other expenses (gasoline, oil...) will be assumed by the Customer.

The Customer is informed that :

any delay on the part of the Client, at the time and point of departure agreed upon with the Tour Leader, could justify a cancellation, by the Provider, of the Event at the exclusive fault of the Client with cancellation fees for the Client equal to the total amount of the Event;


in the event that the weather conditions are not conducive to a peaceful execution of the Services, the latter may be cancelled by the Provider or postponed according to the Provider's availability without any compensation to the Client.


Article 4 - Duration of the lease - Rent

4.1.  Duration of the rental

 
The Contract is concluded for a duration as stipulated in the Special Conditions.

When the Motorcycle is handed over, the risk is transferred to the Customer who assumes full responsibility for its physical and legal custody.

The rental and the related legal custody end on the day the Motorcycle and its accessories are returned by the Customer.

4.2.  Rent

 
The Customer is liable to pay a rental fee stipulated in the Special Conditions (the "Rental Fee") to be paid in accordance with the terms of the Special Conditions.

The Rent is payable by secure payment, according to the following methods:

By credit card: Carte Bleue (CB), Visa, MasterCard, American Express.

By vacation cheque: according to the instructions indicated on the Site.

In cash: according to the instructions indicated on the Site

The payment data are exchanged in encrypted mode.

The Customer must provide a bank pre-authorization (bank imprint) in the amount of (i) 1,000 euros for a 410 cc Motorcycle, and (ii) 700 euros for a 125 cc Motorcycle, as a guarantee, which has the effect of making the said amount unavailable. In case of non-return and/or degradation of the Motorcycle and accessories, the Owner may ask the Customer's bank to effectively debit the pre-authorized amount.

 
Without prejudice to any damages, the failure of the Client to pay all or part of the Rent on the due date shall automatically entail :

the application of late payment interest equal to 5% of the amount, excluding taxes, of the invoice concerned by the payment incident, without prior notice, per calendar day and as of the first day of delay, to which are added the additional bank and management fees;
the immediate payment of all sums due to the Provider by the Customer, without prejudice to any other action that the Provider may be entitled to take against the Customer in this respect; and
the obligation to immediately return the Motorcycle at the Customer's sole expense and the suspension of the Provider's obligations hereunder.

In the event of an escort service expressly provided for in the Special Terms and Conditions, the price of such service shall be paid in full by the Customer prior to any execution of the service.

4.3.  Termination

In the event of failure by one of the Parties to meet its contractual obligations, the Contract may be terminated by operation of law by the other Party fifteen days after a formal notice has been sent by registered letter with acknowledgement of receipt and has remained without effect. The formal notice shall indicate the default or defaults observed.

Once the Contract is terminated, the Client must return the Motorcycle to the Company.

 

Article 5 - Liability and insurance

5.1.   Responsibility for the Motorcycle

The Client remains the guardian of the Motorcycle from the moment it is made available to the Client until it is handed over to the Provider in due form, including in the case of an escort service as referred to in Article 3.

The Client is solely responsible for any damage caused to the Motorcycle, for any violation of the Highway Code (payment of fines...) and for 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 Provider after the establishment of a contradictory report on the condition of the Motorcycle and accessories. However, the Customer remains fully and solely responsible for all damage caused prior to the return of the Motorcycle.

In the event that the Motorcycle and its accessories are not returned in their original condition, the Customer undertakes to compensate the Provider financially for the amount of the necessary repairs.


5.2.  General provisions

The Agreement is not directly or indirectly related to any other agreement of the Customer.

The Provider shall not be liable for any delay or failure to perform the Agreement due to force majeure, as defined by the case law of the French courts.

The Service Provider shall not be liable under any circumstances for any indirect or unforeseeable loss or damage to the Customer or any Third Party, including but not limited to any lost profits, cancellation and penalties related to hotel reservations or any activities, loss of profits, loss of goodwill or loss of opportunity in any capacity and on any basis whatsoever.
 

5.3.  Insurance

The conditions of the insurance policy included in the provision of the Motorcycle are set out in the Special Conditions. The Customer is bound to respect all the stipulations of the said insurance policy, both its general and special conditions. The Customer shall not claim reimbursement from the Provider for any deductible paid.

Pursuant to Article 15 of Law 2004-575 of June 21, 2004, the Provider shall be liable to the Customer for the proper performance of the obligations hereunder, whether such obligations are to be performed by the Provider or by other service providers, without prejudice to the Provider's right of recourse against such service providers.

However, the Provider may be exempted from all or part of its liability by proving that the non-performance or improper performance hereof is attributable either to the Customer or to the unforeseeable and insurmountable act of a Third Party unrelated to the provision of the services provided hereunder, or to an event of force majeure.

It is expressly agreed that the Provider does not provide any guarantee to the Customer as to the adequacy of the weather for the use of the Motorcycle. Consequently, no refund will be made to the Customer in case of weather conditions preventing any use of the Motorcycle.

Article 6 - Guarantees


Pursuant to Article 15 of Law 2004-575 of June 21, 2004, it is recalled that the Provider is automatically responsible to the Customer for the proper performance of the obligations resulting from this Agreement, 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 Provider may be exempted from all or part of its liability by proving that the non-performance or improper performance hereof is attributable either to the Customer or to the unforeseeable and insurmountable act of a Third Party unrelated to the provision of the services provided hereunder, or to an event of force majeure.

It is expressly agreed that the Provider does not provide any guarantee to the Customer as to the adequacy of the weather for the use of the Motorcycle. Consequently, no refund will be made to the Customer in case of weather conditions preventing any use of the Motorcycle.

 
Article 7 - Data processing and liberties

In application of the law n° 78-17 of January 6, 1978, it is reminded that the personal 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 Provider's partners responsible for the execution, processing, management and payment of orders

The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.

The conditions for the processing of the Customer's personal data are explained in detail in the General Conditions of Use of the Site, which can be accessed at https://www.locmotoverdon.fr/mentions-legales.

The Customer may exercise his rights by writing to the following e-mail address: locmotoverdon@outlook.fr or to the following postal address Alain Villaverde - Le village, Saint-lions 04330

A response to the request of the Customer will be addressed to him within 30 days. 

Article 8 - Right of withdrawal

In accordance with the provisions of Article L. 221-28, 12° of the French Consumer Code, the Customer does not have a withdrawal period. Consequently, the Customer may not withdraw from the Contract once it has been concluded.

However, the Provider authorizes the cancellation of the Customer's subscription if it is notified to the Provider, in a clear and unambiguous way, by e-mail sent to the following address: locmotoverdon@outlook.fr up to 24 hours before the scheduled date of delivery of the Motorcycle. In the event of a cancellation request sent less than 24 hours before the scheduled date of delivery of the Motorcycle, the Customer will be liable without delay for the full amount of the rental fee for the entire period reserved.


Article 9 - Intellectual property

The content of the Site is the property of the Company and its partners and is protected by French and international laws on intellectual property.
 
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

Article 10 - Availability of the Site

The Company makes every effort to ensure the availability of the Site, 24 hours a day and 7 days a week.

However, the Company declines any responsibility in case of unavailability of the Site, at any time or during any period. The Client is advised of the technical hazards and access interruptions that may occur. Consequently, the Company cannot be held responsible for the unavailability or slowdown of the Site.

Article 11 - Applicable law - Language

This Agreement and the operations arising from it 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 deemed authentic in the event of a dispute
 

Article 12 - Disputes

In the event that a dispute concerning the validity, performance or interpretation of this Contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts to which jurisdiction is expressly granted.

The Customer is informed that he may in any case resort to conventional mediation or any alternative dispute resolution method (conciliation for example) in the event of a dispute.

In accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer is advised to consult the following page for more information on the steps to take in the event of a dispute:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR


In addition, the Customer may contact the Service Provider, free of charge, at the following e-mail address: locmotoverdon@outlook.fr or by telephone (price of a local call): 07.86.46.27.93

Article 13 - Pre-contractual information - Acceptance of the Customer

The Customer acknowledges having been informed, prior to placing his order, in a legible and comprehensible manner, of the present General Rental Conditions and of all the information and details referred to in articles L. 111-1 to L. 111-8 of the Consumer Code, and in particular :

the essential characteristics of the Motorcycles ;
 

the price of the rental and the related expenses;
 

information relating to the identity of the Company, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context;
 

information relating to legal and contractual guarantees and their implementation modalities;
 

the possibility of resorting to conventional mediation in the event of litigation;
 

information relating to the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard form of withdrawal), the methods of cancellation and other important contractual conditions.
 

The fact of ordering on the Site, by e-mail or by telephone implies full and complete acceptance of these General Rental Conditions, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Company.


 

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