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General Terms and Conditions Bicycle RENTAL

Article 1.    Definitions

ABICYCLETTE: refers to the company ABICYCLETTE, SARL with a capital of 10,000 euros, registered with the RCS of Rennes under number 503 645 871, whose registered office is 81 Mail François Mitterrand 35000 Rennes, Tel. +33 (0)2 30 964 954 – E-mail : bonjour@abicyclette-voyages.com, which offers and provides the Customer with a Bicycle Rental Service. 

Customer: refers to the natural or legal person who reserves and rents a Bicycle from ABICYCLETTE. The Customer may be a Group.

General Terms and Conditions or GTC: refers to the present document.

Rental Contract or Contract: refers to the contractual document signed by the Customer, which sets out the main characteristics of the Reservation, in particular the identity of the Customer and the persons making up the Group, where applicable, the collection and return locations for the Bicycle(s), the type of Bicycle(s) and the applicable price. The Rental Contract incorporates and is subject to the GTC. It constitutes a distance contract within the meaning of article L221-1 of the French Consumer Code.

Quotation: refers to the commercial document summarizing the main characteristics of the Reservation. The Quotation includes the payment link and is subject to the General Terms and Conditions.

Personal Data: information that directly or indirectly identifies an individual.

Equipment: refers to the equipment that is inseparably supplied with the Bicycle and mentioned in the Contract.

Group: refers to all individuals registered on the same Bicycle Rental file. In accordance with articles 1310 and 1313 of the French Civil Code, the individuals making up the Group are jointly and severally liable.

Party or Parties: refers to ABICYCLETTE and/or the Customer.

Reservation: designates the act by which the Customer sends ABICYCLETTE his/her agreement to the Quotation proposed and pays the agreed price. The Reservation is subject to the GTC.

Group Manager: refers to the natural person who acts on behalf of himself/herself and the persons associated with his/her Reservation and making up the Group . He or she signs the Rental Contract in the name and on behalf of all members of the Group.

Rental Service: refers to the service provided by ABICYCLETTE consisting of making the Bicycle(s) and Equipment in working order available to the Customer and members of the Group designated by the Group Manager, for a specified period.

Bicycle(s): refers to the adult and/or child cycle(s), child trailer(s) and luggage trailer(s) making up ABICYCLETTE’s fleet of cycles. The categories and models of Bicycles are described on the Site.

Site: designates the Internet site published by ABICYCLETTE and accessible at the URL address https://www.abicyclette-voyages.com/.

 

Article 2. Purpose

The purpose of the GTC is to determine the terms and conditions under which :

  • ABICYCLETTE provides the Customer with the reserved Bicycle(s) and Equipment;
  • The Customer reserves and pays ABICYCLETTE for the Rental Service.

The GTC also define the rights and obligations of the Parties.

 

Article 3. Contractual Documents

The obligations of the Parties are set out in the following contractual documents (hereinafter the “Contractual Documents“):

  • The Rental Contract including the General Terms and Conditions ;
  • The Quotation.

In the event of contradiction between the GTC and other Contractual Documents, the GTC shall prevail.

 

Article 4. Material scope of application

The GTC govern exclusively the Bicycle Rental Service offered by ABICYCLETTE, to the exclusion of all other services.

The Bicycle Rental Service does not constitute a “tourist service” within the meaning of Article L211-2 I 4°) of the French Tourism Code and Directive 2015/2302.

The sale and execution of a tourist package, as defined in article L211-2 of the French Tourism Code, are subject to the general terms and conditions of travel sale (BTC). They can be consulted on request from an ABICYCLETTE travel consultant.

 

Article 5. Personal scope of application

The GTC apply only to Customers who are consumers within the meaning of the French Consumer Code, or to professionals acting outside the scope of their main activity.

Professionals acting within the scope of their commercial activity (e.g. travel agencies, tour operators, etc.) are subject to BTB’s general terms and conditions of sale.

In the event that the Customer is, on the one hand, a consumer, or is acting outside his/her principal activity and employs five (5) employees or less, on the other hand, the provisions of article 18 of the GTC, relating to the right of withdrawal, shall apply.

Apart from these two cases, the right of withdrawal is excluded.

 

APPLICATION OF GTC

Article 6. Entry into force – opposability

The General Terms and Conditions are accessible at all times via a clickable link on the https://www.abicyclette-voyages.com/en/general-terms-and-conditions-bicycle-rental/ website, and can be consulted directly by the customer.

The GTC are sent to the customer on a durable medium at the same time as the quotation is sent.

The GTC come into force and apply as of the Customer’s agreement to the Quotation, materialized in particular by the payment of the Reservation price.

 

Article 7. Duration

The GTC are concluded for the duration of the Rental Service specified in the Contract.

 

Article 8. Modification of the GTC

ABICYCLETTE reserves the right to modify the GTC at any time, in order to comply with any technical, operational, legal or jurisprudential developments.

In the event of modification of the GTC, the applicable GTC are those accepted by the Customer on the date of the Reservation.

FLEET OF BICYCLES

Article 9. Bicycle specifications

Before making a Reservation, the Customer may consult the Site to find out about the categories and/or models of Bicycles offered for rent by ABICYCLETTE.

The information displayed on the Site in no way represents an offer by ABICYCLETTE.

The applicable rates, for each category of Bicycle and according to the rental location, can also be consulted on the Site.

The photographs of the Bicycles offered for rent are indicative only and in no way binding on ABICYCLETTE.

 

Article 10. Bicycle availability

ABICYCLETTE undertakes to rent only within the limits of available stocks, in its own fleet and/or that of its partners.

TERMS OF ENGAGEMENT

Article 11. Reservation request

Customers wishing to rent one or more Bicycle(s) may contact ABICYCLETTE by e-mail and/or telephone. They can request a Quotation online via a dedicated form accessible here.

To be processed, the Reservation request must include the following information concerning the Customer and each individual in the Group:

  • Full name ;
  • Gender ;
  • Size in cm ;
  • Type of Bicycle required ;
  • Date, time and place of collection of Bicycle(s) ;
  • Date, time and place of return of the Bicycle(s).

If this information is not provided, the Reservation request cannot be processed.

 

Article 12. Reservation process

ABICYCLETTE sends the Customer a Quotation, which sets out the main characteristics of the Reservation, in particular :

  • The identity of the customer and the individuals making up the Group, where applicable,
  • Bicycle pick-up and drop-off points,
  • Type of Bicycle(s),
  • The applicable price, including Equipment,
  • Additional services and equipment (options) purchased by the customer (e.g. 2nde bags, child seat, etc.).

ABICYCLETTE also provides an online payment link.

THE CUSTOMER IS INFORMED AND ACKNOWLEDGES THAT ACCEPTANCE OF THE QUOTATION OCCURS BY ANY MEANS, INCLUDING PAYMENT OF THE PRICE AGREED IN THE CONTRACTUAL DOCUMENTS.

 

Article 13.  Reservation by the Group Manager

Group reservations follow the same procedure as described in article 12 of the GTC.

The Group Manager undertakes to and is presumed to provide the pre-contractual information contained in the Quotation to the members of the Group.

The Reservation is made by the Group Manager, who is presumed to be acting in the name and on behalf of the members of the Group .

 

Article 14. Confirmation of Reservation and signature of Rental Contract

On receipt of full payment of the price, ABICYCLETTE sends the Customer, or where applicable, the Group Manager, the Rental Contract.

The Customer is invited to sign the Contract, to which the General Terms and Conditions are appended. The Contract is concluded electronically.

The Group Manager signs the Contract in the name and on behalf of the Group members.

Finally, the Customer receives an e-mail confirming the Reservation and a copy of the Contract signed by both Parties on an electronic medium.

 

FINANCIAL PROVISIONS

Article 15. Price

The rates for the Rental Service vary according to the rental location and the categories and models of Bicycles offered. They are available on the Site.

ABICYCLETTE reserves the right to modify its prices at any time.

Only the prices shown on the Quotation are binding.

Prices are shown in Euros and include all applicable taxes and charges.

The prices shown include the price of the Bicycle(s) Rental Service, the Equipment, the preparation of the equipment, the delivery of the Bicycle(s) to the place of departure (collection) and arrival (return/collection) [1].

Article 16. Means of payment

Authorized means of payment are :

  • Credit card ;
  • Bank transfer ;
  • Bank cheque ;
  • Vacation vouchers. Paper vacation vouchers must be received no later than ten (10) days before the first day of rental.

Article 17.  Terms of payment

Payment of the price is made in full on the day of the Reservation. Failing this, the Reservation will not be taken into account and will not be confirmed.

In the case of a Reservation made in the name of and on behalf of a Group, payment may be made either by the Group Manager, or individually by each person individually identified. These methods are mentioned in the Quotation.

WITHDRAWAL – CANCELLATION

Article 18. Right of withdrawal

With the exception of the cases referred to in article L221-28 of the French Consumer Code, in the case of remote subscription (i.e. on the Internet, by post or by telephone), the Customer may exercise his/her right of withdrawal within fourteen (14) days from the date of receipt of confirmation of the Reservation.

In this case, the Customer shall be reimbursed for all payments made[2], without undue delay and, in any event, no later than fourteen (14) days from the day on which the Customer informed ABICYCLETTE of his/her decision to withdraw.

If the Customer wishes to begin the rental before the expiration of the withdrawal period, the Customer will be invoiced on a pro rata temporis basis for the actual use of the Rental Service.

To exercise his/her right of withdrawal, the Customer must inform ABICYCLETTE of his/her decision, before expiry of the aforementioned period, either by e-mail to the address bonjour@abicyclette-voyages.com, or by post to the following address: ABICYCLETTE, 81 Mail François Mitterrand 35000 Rennes.

The customer may use the model withdrawal form provided in Appendix 1 of the GTC, but this is not obligatory.

 

Article 19. Cancellation

In any event, including after expiry of the withdrawal period, ABICYCLETTE allows the Customer to cancel the Rental Contract under the conditions mentioned below, subject to informing ABICYCLETTE in writing by e-mail at bonjour@abicyclette-voyages.com or by post.

All cancellations made more than eight (8) days before the collection date are free of charge for the Customer. The amount paid at the time of Reservation will be reimbursed in full to the Customer within fourteen (14) days of the date on which ABICYCLETTE received the cancellation request.

In the event of cancellation less than eight (8) days before the date of collection of the Bicycle, ABICYCLETTE will charge a fee equivalent to the total amount of the Reservation, and where applicable, per person concerned.

 

BICYCLE COLLECTION AND RETURN

Article 20. Bicycle collection and return

20.1. The Bicycle(s) and Equipment are made available to the Customer and are presumed to be in perfect working order.

In the event of a problem when collecting the Bicycle(s) and Equipment, the Customer must notify ABICYCLETTE without delay by e-mail to bonjour@abicyclette-voyages.com or by SMS to +33 7 56 80 50 08.

20.2. Collection and return of the Bicycle(s) and Equipment are carried out at a location and at times agreed with the Customer at an ABICYCLETTE partner establishment.

Should the Customer wish to collect or return the Bicycle(s) and its Equipment to another location, he/she must :

  • Obtain the prior written consent of ABICYCLETTE ;
  • Ensure that the Bicycle(s) and its Equipment can be stored in a secure location pending effective collection and/or return;
  • Pay the additional transport costs borne by ABICYCLETTE between the location of ABICYCLETTE’s partner establishment and the location requested by the Customer.

The place of return of the Bicycle and Equipment agreed between the Parties is imperative.

Collection and return locations and times are specified in the Contractual Documents, especially the Rental Contract.

20.3. The Customer is informed that ABICYCLETTE is not physically present at the time of collection and/or return of the Bicycle(s) and Equipment.

In the event of difficulties during collection and/or return, the Customer may contact ABICYCLETTE, who will provide assistance by telephone on +33 7 56 80 50 08.

20.4. The Customer must respect the opening and closing times of the ABICYCLETTE partner.

In the event that the Customer has to return the Bicycle(s) and/or the Equipment outside the Partner’s opening hours, he undertakes to :

  • Notify ABICYCLETTE by telephone to confirm the place and conditions of return;
  • Always secure the Bicycle(s) and/or the Equipment. Failing this, and in the event of theft and/or damage, the Customer shall be liable and ABICYCLETTE shall invoice the Customer for the price of the Bicycle concerned under the conditions set out in article 21.

 

Article 21. Damage – non-return

In the event of non-return of the Bicycle(s) on the date agreed in the Rental Contract, whatever the cause, ABICYCLETTE will invoice the Customer for the price of the Bicycle mentioned in the Contract.

In the event of damage to the Bicycle(s), the Customer shall bear the amounts corresponding to the damage suffered by the Bicycle(s) during the Rental Service and resulting from abnormal or faulty use by the Customer. ABICYCLETTE will invoice these amounts on the basis of its current rates and/or those of its partners on the day of return of the Bicycle(s).

In the event of significant deterioration (missing safety element of the Bicycle, damaged, twisted or dented frame, destruction of all or part of a component not included in the list of used parts), ABICYCLETTE will invoice the Customer for the price of the Bicycle mentioned in the Quotation.

 

CUSTOMER OBLIGATIONS

Article 22. Physical fitness

The Customer acknowledges that he/she is fit to cycle and has no medical contraindications. Inability to cycle may concern :

  • Inability to perform certain movements (amplitude, speed, load, posture);
  • The inability to make certain efforts.

 

Article 23. Custodian of the thing

In accordance with article 1242 of the French Civil Code, the Customer is responsible for the Bicycle(s) and Equipment in his/her custody.

The customer is therefore liable for any theft, damage or breakage, whether total or partial, of the Bicycle(s).

 

Article 24. Bicycle and equipment use

When using the Bicycle and Equipment, the Customer undertakes to :

  • Comply with current regulations, especially the Highway Code in force at the time of use (e.g.: use roads open to public traffic and not forbidden to cyclists, obey traffic lights, don’t ride on sidewalks, don’t overtake a vehicle on the right, etc.);
  • Wear an approved[3]  helmet supplied by ABICYCLETTE and clothing suitable for cycling (particularly visible in the evening and at night);
  • Requiring children under twelve (12) years of age to wear approved helmets;
  • Adapt your braking distance, especially in bad weather;
  • Adjust the height of the saddle to suit your body shape;
  • Riding and using the Bicycle alone; transporting a person on the Bicycle by any means (e.g. on the luggage rack) is strictly forbidden, with the exception of transporting a child on a baby seat or trailer;
  • Do not use the Bicycle and Equipment for commercial purposes (e.g. delivery service, courier, etc.);
  • Use equipment, especially panniers and luggage racks, in accordance with their intended use. A load on a luggage rack must not exceed 25kg.

Article 25. Bicycle transport

The Customer transports the Bicycle(s) and Equipment(s) under his/her sole responsibility.

Transporting the Bicycle on a vehicle (car, lorry, etc.) requires the appropriate equipment (rack or bike carrier) and protection.

Should the Customer wish to transport the Bicycle(s) and Equipment(s) by train, he must ensure
that :

  • The Bicycle(s) and Equipment(s) can be effectively loaded onto the train and booked with the relevant railway companies;
  • Cover transportation costs.

Failing this, the Customer shall be solely responsible for the consequences and any delays in returning the Bicycle(s) and Equipment(s). Where applicable, ABICYCLETTE reserves the right to invoice the Customer for any delay or additional rental day.

 

Article 26. Maintenance

Maintenance of the Bicycle(s) and Equipment is the responsibility of the Customer for the duration of the Rental Contract.

By “maintenance”, we mean the routine upkeep of the Bicycle(s) (greasing the chain, tire pressure, etc.).

 

Article 27. Theft or damage

Whenever the Bicycle(s) is (are) not in use, the Customer undertakes to systematically attach the frame of the Bicycle and the rear wheel to a fixed urban furniture support using the anti-theft device supplied by ABICYCLETTE.

In the event of theft, the Customer must lodge a complaint with the police. The Customer also undertakes to declare the theft to ABICYCLETTE without delay. In any event, ABICYCLETTE will invoice the Customer for the price of the Bicycle mentioned in the Quotation.

Likewise, in the event of damage, whatever the cause, the Customer undertakes to pay the repair costs invoiced by ABICYCLETTE or a service provider on the basis of the fixed price scale in force on the date of repair.

 

Article 28. Personal liability insurance

The Customer undertakes to take out and/or declare that he/she holds personal civil liability insurance covering the consequences of the use of the Bicycle(s) for him/herself and for persons dependent on him/her (minors).

 

Article 29. Breakage and theft warranty

ABICYCLETTE offers the Customer a “breakage and bicycle” guarantee for the Bicycle. In the event of a claim (damage, breakage, loss, theft), the cost of the Bicycle is reimbursed directly to ABICYCLETTE.

The cost of the warranty to be borne by the Customer is stated in the Quotation.

 

RIGHTS AND OBLIGATIONS OF ABICYCLETTE

Article 30. Bicycle ownership

The Bicycle and its Equipment remain the exclusive property of ABICYCLETTE for the duration of the Rental Service. The Customer agrees not to sublet the Bicycle and/or its Equipment to a third party or to transport any passenger (except children when using a baby seat or trailer).

 

Article 31. Provision of the Bicycle

ABICYCLETTE provides the Customer with a Bicycle and Equipment that are regularly maintained and checked, in perfect working order and in compliance with current regulations.

The Customer acknowledges that the Bicycle(s) provided by ABICYCLETTE is/are in good working order.
If this is not the case, the Customer shall inform ABICYCLETTE in writing (e-mail: bonjour@abicyclette-voyages.com or SMS: +33 7 56 80 50 08) without delay, so that another Bicycle can be allocated to him/her if necessary.

 

Article 32. Bicycle and Equipment Routing

ABICYCLETTE ensures the delivery of the Bicycle(s) reserved as well as the Equipment to the collection and return points agreed with the Customer and mentioned in the Rental Contract.

Transport is included in the price when the Bicycle and equipment are deposited and returned at an ABICYCLETTE partner establishment.

If the Customer wishes to collect and/or return the Bicycle(s) and Equipment from another location, a surcharge will be invoiced corresponding to the transport costs borne by ABICYCLETTE between the nearest partner establishment and the location requested by the Customer.

 

Article 33. Customer support

Throughout the duration of the Rental Service, ABICYCLETTE offers the Customer telephone assistance from Monday to Sunday, from 9am to 6pm, without interruption, in the event of technical failure or damage (theft, damage, etc.).

The hotline can be reached on +33 7 56 80 50 08.

When a call is made, ABICYCLETTE identifies and qualifies the problem and, where possible, provides a solution to resolve the reported fault or a workaround.

 

Article 34. Assessing and managing technical failures

In the event of a technical problem, ABICYCLETTE alone determines whether the fault :

  • Falls under the responsibility of ABICYCLETTE:
    • Normal wear and tear of the Bicycle’s consumables (tires, brake pads, chain)
    • ABICYLETTE’s failure to maintain and/or adjust the Bicycle;
    • Hidden defect of the bicycle manufacturer, etc. ;
  • Resulting from a breach or negligence on the part of the Customer :
    • Misuse by the customer (chain crossing, under-inflated tires, skidding braking, overloaded luggage rack, incorrect mechanical settings by the customer, inappropriate routes, jumps, etc.);
    • Breakage of parts or other damage not related to an intrinsic defect in the Bicycle.

ABICYCLETTE can intervene on site to ensure the repair or replacement of the Bicycle concerned, and if necessary, can involve a local service provider or partner.

In all cases, any repair by a third party requires the prior written agreement of ABICYCLETTE.

 

Article 35. Cost coverage in the event of mechanical failure

When repair costs are borne by ABICYCLETTE, payment is made according to the solution that is most suitable for the Customer:

  • On-site intervention by ABICYCLETTE ;
  • Intervention by a service provider, local partner. In the latter case, it is the Customer’s responsibility, after written agreement from ABICYCLETTE, to pay the repair costs, to obtain a purchase invoice made out to ABICYCLETTE, 81 Mail François Mitterrand 35000 Rennes. Within a maximum period of ten (10) days following the end of the Rental Service, the Customer shall send the purchase invoice to obtain reimbursement from ABICYCLETTE.

When repair costs are borne by the customer, the most suitable solution for the customer is used:

  • ABICYCLETTE will invoice the customer for the cost of the repair and travel expenses;
  • Intervention of a service provider, local partner. In this case, it is the Customer’s responsibility, after written agreement from ABICYCLETTE, to pay the repair costs directly to the service provider. All replaced parts must be identical, subject to their availability, or, if unavailable, replaced with parts of an equivalent level.

LIABILITY

Article 36. Liability

ABICYCLETTE is released from all liability arising from the Customer’s use of the Bicycle(s) and Equipment(s) made available to him/her, in particular with regard to accidents and damage of any kind attributable to him/her (material, physical and immaterial) caused to third parties, to himself/herself and to any goods transported. This includes in particular the case of a child transported in a baby seat mounted on the Bicycle by the Customer.

 

Article 37. Force majeure

As a matter of principle, the Parties may not be held liable and no compensation may be claimed from them in respect of any failure or delay in the performance of any of their obligations under the GTC and the Rental Contract, due to the occurrence of an event of force majeure.

An event meeting all of the following conditions shall not be deemed to constitute force majeure:

  • It must be beyond the control of the Party invoking it;
  • It could not reasonably have been foreseen when the GTC came into force;
  • Its effects cannot be avoided by appropriate measures;
  • It prevents the Party invoking it from performing its obligation.

When a Party becomes aware of the event, it shall inform the other Party, by written notification, as soon as possible and at the latest within ten (10) calendar days of the occurrence of the case of force majeure preventing it from performing its obligations.

Obligations whose performance is rendered impossible by the occurrence of a case of force majeure will be suspended for the duration of this event. The Rental Contract may be terminated under the conditions defined in article 40 of the GTC.

In any event, the Party invoking force majeure undertakes to take all measures to limit the prejudicial consequences of this event for the other Party.

Article 38. Insurance

ABICYCLETTE declares that it is insured, in particular for professional civil liability, with a company known to be solvent and undertakes to keep all insurance policies up to date, to cover all damage caused to the Customer or to any third party and consecutive to the performance or non-performance of the Rental Contract.

 

TERMINATION OF THE TERMS AND CONDITIONS

Article 39. End of GTC without default

The GTC terminate upon their expiration.

Likewise, each Party may automatically terminate the Rental Contract within their rights in the event of force majeure by registered letter with acknowledgment of receipt: 1) if the duration of the event exceeds twelve (12) months; or 2) if the event results in a delay rendering the execution period of the Rental Service incompatible with its purpose; or (iii) if the event permanently prevents the execution of the Rental Service.

Article 40. Termination of the GTC in the event of default

Where a Party is in serious breach of one or more of its obligations under the GTC, the Party suffering the breach may give formal notice, by registered letter with acknowledgement of receipt, to remedy the breach within a period of one (1) month.

The Parties expressly agree that the Customer’s failure to comply with the obligations of serious use of the Bicycle and the Equipment set forth in article 25 of the GTC and his/her failure to maintain the Bicycle and the Equipment in accordance with the conditions set forth in article 26 of the GTC shall be considered a serious breach.

The formal notice must expressly mention the present resolutory clause, in addition to stating that, should the defaulting Party fail to meet its obligation within the allotted time, the GTC and the Rental Contract will be canceled.

Termination will take effect if the defaulting Party has not remedied the breach by the end of the specified period. This provision is without prejudice to any damages to which the defaulting Party may be entitled.

PERSONAL DATA

Article 41. Use of Personal Data

41.1. ABICYCLETTE uses the Personal Data of the Customer, a natural person, in particular in the context of the Customer’s Reservation, the conclusion of the Rental Contract and the performance of the Rental Service.

ABICYCLETTE acts as data controller within the meaning of Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR).

41.2. ABICYCLETTE uses the Customer’s Personal Data for the following purposes in particular:

  • Respond to contact and information requests;
  • Take into account customer needs and requests;
  • Drawing up and sending your Sales Offer ;
  • Communicating the Quotation to the customer ;
  • Enable the Customer to make a Reservation and proceed to payment;
  • Allow the Customer to sign the Rental Contract;
  • Inform the Customer about the status of the Reservation;
  • Handle requests for retractions and refunds;
  • More broadly, manage the commercial relationship;
  • Promote its services;
  • Assist the Customer in the performance of the Rental Service;
  • Manage requests to exercise rights, claims and disputes.

41.3. The use of the Customer’s Personal Data is justified, depending on the case, by the Customer’s consent, the performance of the GTC and the Rental Contract, compliance with legal and regulatory obligations or the legitimate interests pursued by ABICYCLETTE (e.g. promoting its services).

41.4. Certain Personal Data requested during the Reservation process and the provision of the Rental Service are mandatory. If the mandatory information is not provided, the Customer’s request will not be processed.

41.5. Personal Data is accessible to authorized ABICYCLETTE personnel and to service providers (subcontractors) used by ABICYCLETTE to provide its services (e.g. CRM editor, Personal Data host, etc.).

Likewise, ABICYCLETTE transmits certain of the Customer’s Personal Data to its commercial partners involved in the provision of the Rental Service (partner establishment responsible for ensuring the collection or return of the Bicycles and Equipment, repair partner, etc.).

41.6. Personal Data is kept for variable periods depending on the purpose for which it was collected. By way of example, Personal Data requested at the time of Reservation is kept for the entire duration of the Rental Contract, plus five (5) days following the end of the Contract.

41.7. Customers have the right to access, rectify, delete and port their Personal Data, as well as the right to withdraw their consent, a right to oppose and limit certain processing and the right to determine the fate of their data after death, which they may exercise by contacting ABICYCLETTE at the email address bonjour@abicyclette-voyages.com.

The Customer also has the right to lodge a complaint with the CNIL.

For further information, the Customer is invited to consult the policy on the use of Personal Data available on the Site.

 

Article 42. Privacy

ABICYCLETTE undertakes to keep all Personal Data and information confidential and to use it only to enable the Customer to make the Reservation and benefit from the Rental Service, under the conditions set out in the GTC.

 

GENERAL CLAUSE

Article 43. Partial nullity

The fact that any one of the stipulations of the GTC is or becomes illegal or inapplicable will in no way affect the validity or applicability of the other stipulations herein.

The Parties will replace the invalid provisions by means of a rider with new provisions that are legally valid and as close as possible to the intended meaning and purpose in legal and economic terms.

 

Article 44. Tolerance – absence of waiver

Tolerance on the part of one of the Parties with regard to the application of one or more of the clauses of the GTC may never, regardless of its duration or frequency, be considered as a modification or deletion of these clauses, or as a waiver of the right to invoke them.

 

Article 45. Proof

The Customer agrees that information exchanged with ABICYCLETTE, with a view to concluding a Reservation and Rental Contract or in the context of their execution, may be sent to him/her by e-mail.

The Parties agree that proof of their contractual obligations will be provided in the following manner: clicking on the payment link and the “initial and sign” button indicates the Customer’s consent and acceptance of the GTC.

ABICYCLETTE may use as proof any act, programme, data, file, recording, operation and other element of a nature or in a computer or electronic format or medium, established, received or stored directly or indirectly by it, for example in any database.

 

Article 46. Nomination of domicile – notification

For the purposes hereof, ABICYCLETTE elects domicile at its registered office, the address of which is given in article 1 hereof.

 

DISPUTE

Article 47. Language

The GTC are written in French.

In the event that these GTC are translated into several other language versions, the French version shall prevail.

 

Article 48. Applicable law

The GTC are governed by and construed in accordance with French law.

 

Article 49. Amicable settlement

Any dispute or controversy relating to the formation, validity, interpretation or performance of the GTC must be settled amicably between the Parties as a matter of priority.

The Customer is invited to contact ABICYCLETTE, who will assist in trying to resolve the said difficulty by e-mail to bonjour@abicyclette-voyages.com.

 

Article 50. Consumer mediation

In the event of a dispute, the consumer Customer may, if he or she so wishes, resort to conventional mediation, possibly with existing sector-specific mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

The consumer mediator chosen by ABICYCLETTE is :

Société Médiation Professionnelle
24 rue Albert de Mun – 33000 Bordeaux
www.mediateur-consommation-smp.fr

 

Article 51. Online dispute resolution platform

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution (ODR) platform to facilitate the extra-contractual settlement of online disputes between consumers and professionals in the European Union.

This platform can be accessed via this link: https://webgate.ec.europa.eu/odr/.

 

Article 52. Competent courts

IN APPLICATION OF ARTICLE R. 631-3 OF THE CONSUMER CODE, THE CONSUMER MAY BRING THE MATTER EITHER BEFORE ONE OF THE COURTS HAVING TERRITORIAL JURISDICTION UNDER THE CODE OF CIVIL PROCEDURE, OR BEFORE THE COURT FOR THE PLACE WHERE HE RESIDED AT THE TIME THE GTC WERE CONCLUDED OR AT THE TIME THE HARMFUL EVENT OCCURRED.

IF THE CUSTOMER IS A MERCHANT WITHIN THE MEANING OF THE COMMERCIAL CODE, JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE MATERIALLY COMPETENT COURTS OF RENNES, NOTWITHSTANDING MULTIPLE DEFENDANTS OR WARRANTY CLAIMS. THIS JURISDICTION ALSO APPLIES TO SUMMARY PROCEEDINGS.

In the absence of such status, the parties refer to the provisions of articles 42 and following of the French Code of Civil Procedure.

APPENDIX 1: MODEL WITHDRAWAL FORM (APPENDIX to article R. 221-1 of the French Consumer Code)

(Please complete and return this form only if you wish to withdraw from the contract).

To the attention of ABICYCLETTE, 81 Mail François Mitterrand 35000 RennesTel. +33 (0)2 30 964 954
E-mail address: bonjour@abicyclette-voyages.com

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of the following services (*):

Ordered on (*) / received on (*) :

Name(s) of consumer(s)/professional(s) contracting outside their main activity and employing 5 employees or less of the Customer(s) :

Address of consumer(s)/professional contracting outside his/her main activity and employing 5 employees or less of :

Signature of the consumer(s) / professional contracting outside his/her main activity and employing 5 employees or less of (only in case of notification of this form on paper) :

(*) Delete as appropriate.

The Customer accepts these terms and conditions without reservation.

Date, stamp and signature of Customer :

 

 

 

[1] Subject to the premises being ABICYCLETTE “partner” premises.

[2] If the rental has not begun at the time the Customer exercises his/her right of withdrawal.

[3] As a reminder, an approved helmet has a lifespan of five (5) years from the date of manufacture.

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