Terms & Conditions
Gyro Events - MOBILBOARD LYON
GENERAL CONDITIONS FOR THE PROVISION OF SERVICES
SARL Gyro Events
Operating under the trade name MOBILBOARD LYON SARL with share capital of 5,000 euros
Head office: 29, quai Docteur Gailleton, LYON (69002)
RCS LYON 804 490 647
Intracommunity VAT number: FR15804490647 Email address: firstname.lastname@example.org
Telephone number: 09 83 58 73 35
PART I. GENERAL TERMS AND CONDITIONS
1. PURPOSE AND SCOPE OF APPLICATION
The present general terms and conditions of services (the "GTCS") of GYRO EVENTS, SARL with a capital of 5.000 €, registered with the RCS d'LYON under number 804 490 647, whose registered office is located at 8, Place aux Bois in LYON (69002), intra-community VAT number FR15 804 490 647 (email address: email@example.com, and telephone number: 09 83 58 73 35), and operating under the trade name "MOBILBOARD LYON" ("MOBILBOARD LYON"), are applicable to all services provided by MOBILBOARD LYON to individual purchasers who are consumers within the meaning of the preliminary article of the French Consumer Code (i.e. "any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity", hereinafter referred to as the "Customer(s)"), and ordered at a branch, by telephone, by e-mail or via the website " https://www.mobilboard.com/en/lyon" (the "Site").
All orders placed imply the Customer's full and unreserved acceptance of the G.S.P.S., which shall prevail over any contrary stipulations that may appear on the Customer's written documents and/or order forms, except in the event of special conditions accepted by both Parties.
The contract is offered in French and consists of the GCPS, the special conditions (order form), and the order confirmation specifying the description and quantity of the Services, their price and delivery terms (the "Contract"). The CGPS may be consulted at any time on the Site.
MOBILBOARD LYON is the trade name of GYRO EVENTS, an independent retailer and member of the MOBILBOARD network.
MOBILBOARD LYON offers Customers (i) guided tours of LYON by bicycle, electric bicycle, on foot, Segway© Gyropod, electric scooter, including the rental of these products and the services of a guide/accompanist (the "Guided Tour" service), (ii) rental of bicycles, electric bicycles, children's bicycles, electric scooters, without accompaniment by a guide, for leisure purposes only (the "Rental" service), and (iii) guided tours of LYON by bicycle, electric bicycle, on foot, Segway© Gyropod, electric scooter, including the rental of these products and the services of a guide/accompanist (the "Guided Tour" service).Rental"), and (iii) the provision of any equipment or accessories necessary for the proper provision of the Guided Tour and/or Rental services (the "Accessory Services"; the Guided Tour, Rental and Accessory Services are hereinafter referred to together as the "Services").
The bicycles, electric bicycles, Segway© Gyropods, electric scooters, and the equipment or accessories required to provide the Services are hereinafter referred to as the "Products".)
The person using the Products under the Contract is referred to as the "User" if different from the Customer.
The Services are presented on the Site by a presentation sheet enabling the Customer to take note of their essential characteristics and their price. MOBILBOARD LYON reserves the right to modify its offer of Services at any time, as well as the GSTP, without prejudice to current Contracts.
3. RECOMMENDATIONS - WARNINGS
3.1. When using a Segway Gyropod :
? The minimum recommended weight is 45kg;
? The maximum recommended weight is 118kg;
? The use of the Segway Gyropod by pregnant women is formally discouraged, as is the use of the Segway Gyropod by all persons with inner ear problems: a medical certificate stating that there are no contraindications to the use of the Segway Gyropod may be requested by MOBILBOARD LYON prior to the provision of the Service;
? The minimum legal age for using a Segway Gyropod is 12.
3.2. For the use of a bicycle :
? The User must already know how to use a bicycle;
? Cycling is not recommended for pregnant women without their doctor's consent: MOBILBOARD LYON may request a medical certificate stating that there are no contraindications to cycling prior to carrying out the Service;
? The minimum legal age for using an electric bicycle is 12.
3.3. For the use of an electric scooter :
? Pregnant women are advised not to use a scooter without a doctor's consent: MOBILBOARD LYON may request a medical certificate stating that scootering is not contraindicated before carrying out a guided tour;
? The minimum legal age for the use of an electric scooter is 14.
1. Online ordering
To place an order online, the Customer is redirected to the "ELLOHA" online reservation software (address: reservation.elloha.com), where the Customer selects the desired Service(s), the quantity (number of people) and the desired date (subject to availability, as indicated on the website), and adds it to his/her basket in order to place an order according to the following process:
(1) Access to the basket and a summary of the details of the order (essential characteristics of the Products and Services, including information on the right of withdrawal) and its total price including VAT, allowing verification and correction of any errors.
(2) Identification / communication of contact details (surname, first name, e-mail address, telephone number, postal address) using the form provided.
(3) Access to a summary of the contents of the order, detailing the Services ordered, their essential characteristics, their unit price including VAT, and summarizing the total price including VAT.
(4) The Customer is invited to read and expressly accept the General Terms and Conditions of Sale, then to confirm the order (which implies consent and the obligation to register the Customer's credit card as a guarantee and/or payment, which the Customer is explicitly reminded of and acknowledges).
(5) The Customer is then redirected to the secure site for (i) payment of all or part of the agreed price, depending on the Customer's indications, Services and specific requests, and/or (ii) registration of his/her bank card as a guarantee, with payment then being made in-store.
It is specified that, following online registration as a guarantee, the Customer's bank card may be debited:
(i) At the Customer's request (for example, if the Customer who has booked does not wish to pay in-store, but wishes to be debited directly from his or her card before the Event);
(ii) If the Customer does not show up on time on the day of departure, and has not exercised his right of withdrawal and/or cancelled his order in accordance with the following.
2. Ordering by telephone
To place an order by telephone, the Customer calls MOBILBOARD LYON's dedicated telephone line (indicated on the Site), and indicates the Service(s) desired, the quantity (number of people) and the date desired (subject to availability, indicated on the Site), and validates these elements in order to place the order according to the following process:
(1) Summary of the details of the order (essential characteristics of the Products and Services, including information on the right of withdrawal) by telephone and of the total price including VAT, allowing any errors to be checked and corrected.
(2) Communication of the Customer's identification details and order to MOBILBOARD LYON's telephone operator.
(4) The Customer is invited to confirm his/her order (which implies consent and a payment obligation on the part of the Customer, which he/she is explicitly reminded of and acknowledges), then pays all or part of the agreed price according to the indications and Services, and/or registers his/her bank card as a guarantee, payment then being made in the store.
It is specified that, following online registration as a guarantee, the Customer's bank card may be debited:
(i) At the Customer's request (for example, if the Customer who has booked does not wish to pay in-store, but wishes to be debited directly from his/her card before the Event);
(ii) If the Customer does not show up on time on the day of departure, and has not exercised his right of withdrawal and/or cancelled his order in accordance with the following.
3. Agency orders
To place an order in an agency, the customer must indicate the Service(s) required, the quantity (number of people) and the date required (subject to availability, as indicated on the site), in order to place the order according to the following process:
(1) A summary of the details of the order (essential characteristics of the Products and Services, including information on the right of withdrawal) and the total price including VAT, allowing any errors to be checked and corrected.
(2) Identification by providing your identity and contact details using the form provided.
(3) Printing of a summary of the contents of the order detailing the Services ordered, their essential characteristics, their unit price including VAT, and summarizing the total price including VAT.
(5) The Customer is then invited to pay all or part of the agreed price according to the indications and the Services, and/or to register his bank card as a guarantee.
4. Order confirmation
Regardless of the method used to place the order, MOBILBOARD LYON confirms receipt of the order by sending an acknowledgement of receipt by email, which summarizes the order and specifies the essential characteristics of the Service(s) ordered, the price including VAT, the dates of the Services and contains the GSTP as an attachment.
In any event, MOBILBOARD LYON reserves the right to refuse an order in the event of non-availability of the Products or personnel required for the Services on the desired dates, or concerning a Customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
5. NO RIGHT OF WITHDRAWAL
1. No right of withdrawal for Service orders
In accordance with article L. 221-28, 12° of the French Consumer Code, and given the particular nature of the Services, orders placed by the Customer do not benefit from the right of withdrawal, with the exception of gift card orders (see article 5.2 below).
The Services fall into the category of "leisure activity services which must be provided on a specific date or at a specific time" (cf. article L. 221-28, 12° above), both in the case of Guided Tour Services, and Rental Services, which are provided exclusively for leisure activities (such as walks, guided tours, discovery of tourist circuits, event organization).
Consequently, the Contract is definitively concluded as soon as the order is placed by the Customer in accordance with the terms specified in these GCPS, and, without prejudice to the applicable mandatory legal and/or regulatory provisions, may no longer be cancelled or reimbursed except in the event of force majeure, termination due to the fault of MOBILBOARD LYON, Exceptional Circumstances (as defined below) or by mutual agreement with MOBILBOARD LYON.
2. Right of withdrawal for gift card orders
For gift card orders, the Customer benefits from a right of withdrawal (the terms and conditions of exercise and effects of which are specified in the box at the end of the General Terms and Conditions) of FOURTEEN (14) days from the day following the conclusion of the Contract (i.e. the day following the order date).
The customer may only be held liable in the event of depreciation of the gift card resulting from handling other than that necessary for its proper functioning, in accordance with the nature and characteristics of the gift card: thus, when the gift card has been fully or partially spent, the right of retraction may not be applied.
6. PERFORMANCE OF SERVICES
1. Methods of providing Services
The Services are provided in accordance with the terms and conditions agreed between the Parties and summarized in the order confirmation (in particular, the location and dates on which the Services are to be provided).
The dates on which the Services are to be carried out are indicated subject to force majeure, and may be modified in the event of a request for modification of the order by the Customer accepted by MOBILBOARD LYON.
The Customer is invited to check the conformity of the Products when they are made available at the start of the Service (absence of apparent defects/damage), and to express any reservations that appear justified (during the contradictory inventory of fixtures carried out in the case of unrestricted rental).
2. Provision of Products in the case of Free Rental
1. Documents to be provided by the Customer
Each User must present MOBILBOARD LYON with proof of identity (identity card, driving license, passport), prior to the provision of the Products (a photo of which is recorded for the duration of the Service, and deleted at the end).
Before the start of any Event, a rental contract or a departure register must be duly completed by each User of legal age, containing in particular the GCPS to be accepted by each User.
2. Security deposit - Additional insurance
Before the Products are made available, the Customer must provide MOBILBOARD LYON with proof of identity such as an identity card, driving license or passport, and pay MOBILBOARD LYON a security deposit by credit card, in the amount specified on the Products / Services presentation page, in the agency and on the order confirmation.
For each Product made available, and consequently for each security deposit, a specific rental contract is drawn up and must be accepted and signed by the Users.
The sums paid as security deposits are non-interest-bearing, and are returned once the Products have been effectively returned, after deduction, where applicable, of any sums owed by the Customer (proof of these sums will be sent to the Customer).
In the event of a claim under a Free Rental Service, the Customer is informed that MOBILBOARD LYON has subscribed to a TULIP Breakage & Theft Guarantee, the conditions of which are detailed in Part II.
In addition, MOBILBOARD LYON offers the Customer the option of taking out additional insurance, for an amount indicated when the Free Rental Service is ordered:
? If this additional insurance is chosen by the Customer, the TULIP Breakage & Theft Guarantee applies under the conditions detailed in Part II, but the amount of the Security Deposit is reduced (in accordance with the conditions specified on the Products / Services presentation page as well as in the agency and on the order confirmation);
? If you do not choose this additional insurance, the Security Deposit is not reduced (see above), and the TULIP Breakage & Theft Guarantee continues to apply, in any event, under the conditions detailed below.
The TULIP Breakage & Theft Guarantee thus takes effect, in any event, for each of the Free Rental Services, at no additional cost to the Customer.
3. Delivery of Products
The Customer confirms receipt of the Products by signing a joint inventory of fixtures, on which he/she is invited to specify any remarks concerning the condition of the Products.
The Customer may at any time refuse the Product presented to him/her. A similar Product may then be presented depending on the availability of the Product initially ordered.
4. Return of Products
Upon termination of the Free Rental for any reason whatsoever, on the date and at the time agreed between the Parties, the Customer shall return the Products to the premises of MOBILBOARD LYON.
No reimbursement will be made if the Products are returned before the end of the rental period.
For the return of the Products, the User undertakes (i) to be present on the premises of MOBILBOARD LYON no later than THIRTY (30) minutes before the closure of the rental service, and (ii) to return the said Products no later than the day indicated on the order confirmation, and, where applicable, at the time indicated in the rental contract signed before the Products were made available.
Any delay or failure to return the Product by the end of the rental period may give rise to the invoicing of late fees to the Customer, amounting to TEN EUROS ALL TAXES INCLUDED (€10 incl. VAT) per half-hour of delay.
Rental rates, security deposits and penalties for late return of the bike or scooter, as well as payment methods, are displayed on the MOBILBOARD LYON premises and on the Site.
If the User wishes to extend the rental period, he/she must obtain the prior written agreement of MOBILBOARD LYON, it being specified that subsequent rental periods must be paid in arrears (i.e. before the start of each new period). If this is not the case, the User will be required to pay late payment penalties in accordance with the rates displayed on the MOBILBOARD LYON premises. In this respect, it is specified that MOBILBOARD LYON reserves the right to refuse any request to extend the rental period, depending on the availability of the Products and the reservations of other customers.
The Parties will proceed to a joint inventory of fixtures upon return of the Products. The inventory of fixtures will be used to determine whether any damage exists, and consequently whether any work is required to restore the Products to their original condition, or whether they must be replaced if repair is impossible.
7. PRICES - TERMS OF PAYMENT
Prices for Services are in euros, include VAT (excluding any delivery charges) and are those in force on the day of the order, as indicated on the Site on the Product or Service description sheet.
MOBILBOARD LYON may modify its prices at any time, without affecting current Contracts. Where applicable, the new price applies to all orders placed after the modification, without the Customer being able to claim the previous price.
Payment is due in full when the Services are ordered. MOBILBOARD LYON does not grant discounts, and at no time can the sums paid be considered as deposits or advance payments. Payments will be made via an external online credit card payment service.
There is no minimum order amount.
Payment can be made online, in-store, or by sending a text message requesting payment via a secure payment interface (PayPal, Stripe, PayPlug).
MOBILBOARD LYON accepts cheques, ANCV vacation vouchers, cash and credit cards. Bank transfers are accepted for Free Rentals only, provided they are made by the Customer and received by MOBILBOARD LYON before the Products are made available.
1. Failure to arrive on the agreed date - Delay of more than 20 minutes - Cancellation
The Customer must arrive FIFTEEN (15) minutes before the departure time and on the date agreed for the provision of the Services, as indicated on the order confirmation.
If the Customer fails to show up, and/or is more than TWENTY (20) minutes late in relation to the agreed time (and the agreed date, as recalled on the order confirmation) for the provision of the Services, the Service will be cancelled at the Customer's expense, and MOBILBOARD will invoice the full price: the balance of the order will be debited, where applicable, and MOBILBOARD LYON will retain the full price of the order, with no right to reimbursement.
Please note that as the Customer does not have the right to withdraw from orders for leisure activities scheduled for a specific date (excluding gift card orders), MOBILBOARD reserves the right to invoice the full price in the event of an order cancellation. Where applicable, the balance of the order will be debited and MOBILBOARD LYON will retain the full price of the order, with no right to reimbursement.
2. Information provided by the Customer and/or Users
The Customer is solely responsible for the truthfulness and accuracy of the information provided to MOBILBOARD LYON when creating an account and/or placing an order, in particular concerning identification information and the Services/Products requested.
If the Customer requests a change in the number of Products and/or Users, the Customer must inform MOBILBOARD LYON as soon as possible, and no later than TWENTY-FOUR (24) hours before the date on which the Services are to be performed, as agreed and stated in the order confirmation.
MOBILBOARD LYON reserves the right to refuse any modification to the number of Products initially ordered, subject to remaining availability.
Any change in the date of performance of the Services by one of the Parties is subject to the prior and express acceptance of the other Party (except in cases of force majeure or exceptional circumstances detailed below).
4. Exceptional circumstances
In the event of adverse weather conditions making it impossible or dangerous to provide the Services ("Exceptional Circumstances"), MOBILBOARD LYON reserves the right to cancel the Services at any time: the Customer will then be refunded the full amount paid.
Conversely, the Customer may cancel a Service at any time if it has been agreed with MOBILBOARD LYON that Exceptional Circumstances do not allow the Service to be carried out: the Customer will then be refunded the full amount paid.
8.5.1 Civil liability insurance - Minors
The Customer certifies that he/she and all Users (in their own name or through a third party) are personally insured against civil liability for the practice of the leisure activities covered by the Services.
It should be noted that not all liability insurance necessarily covers such activities, which may be excluded from cover: it is the Customer's and Users' responsibility to check that their liability insurance actually covers the activities covered by the Services.
Minors are under the responsibility of their parents when they participate in the Services, or, failing this, of a responsible adult accompanying them, who undertakes to check in particular that the CGPS are respected by the minor Users (particularly in the case of groups such as associations, youth clubs, local authorities, families, etc.).
8.5.2 Theft or damage to Products
Each User undertakes to return the Products in their original condition on the dates agreed in the Contract.
The identity document and the deposit will be returned to the Customer on return of the Products.
In the event of theft, the User must provide MOBILBOARD LYON with proof, within a maximum period of TWENTY-FOUR (24) hours after the theft, of the filing of a complaint with a police station or gendarmerie.
If the stolen Product is finally returned to MOBILBOARD LYON, the User who has complied with the above procedure will be reimbursed for any amounts collected by MOBILBOARD LYON in compensation, less any costs incurred in restoring the Product.
For bicycles and/or scooters: each User undertakes to make every effort to prevent theft or damage to the rented bicycle or scooter. To this end, whatever the length of time the bike is parked, the User undertakes to attach it to a fixed point using the anti-theft device supplied on request. In addition, use of the anti-theft device supplied does not release the User from liability in the event of damage (theft or deterioration), for which he/she remains fully responsible to MOBILBOARD LYON. The lock is not supplied with the scooter rental, which the User undertakes not to leave unattended.
In the event of technical failure of the bike or scooter during the Service, the User may not undertake repair work on his own initiative. The User must inform MOBILBOARD LYON by any means and without delay, and return the bicycle or scooter to MOBILBOARD LYON's premises.
At the User's request, the bicycle or scooter will be replaced by another Product of the same type, subject to availability and in the absence of fault on the part of the User, for the remaining duration of the Service. The User may not claim reimbursement of costs or invoices, or damages.
Accessories and additional equipment rented (child seat, telephone holder, etc.) are also the responsibility of the User and are subject to the same conditions of use as the Products.
Any aggressive, disrespectful behavior or refusal by a User to comply with the present rules may result in termination of the Contract and cancellation of the Service, to the detriment of the Customer, and without refund.
8.5.3 Compliance with regulations, safety and driving instructions
The User undertakes to use the Products in compliance with (i) the Contract, in particular for the provision of the Services, (ii) the legislation applicable to the use of the Products (in particular the Highway Code), and (iii) the instructions of MOBILBOARD LYON, including those of any guide within the framework of the Guided Tour Services.
The User agrees not to modify the Products in any way.
Any use of the Products other than that authorized by the Contract may give rise to early termination of the Contract for fault on the part of the Customer.
The User may not be held liable for damage caused by a proven defect in a Product for which the User is not directly or indirectly responsible.
The Products are deemed to comply with the regulations in force at the time they are made available, and to be in good working order, unless a reservation to the contrary is expressed on the contradictory inventory. MOBILBOARD provides all equipment and accessories necessary for the use of the Products in accordance with the safety standards applicable to the activity covered by the Services.
Each User makes any observations concerning the Products at the time of the inventory of fixtures, or, failing this, acknowledges that the Products are in perfect working order, and undertakes to use them with care, under normal conditions and within the limits of the capacities indicated by MOBILBOARD LYON, to respect the instructions for use and safety which will be sent to him by MOBILBOARD LYON, to use the said Products under normal conditions, and not to slalom on the public highway, and to respect other users.
Users are reminded that failure to comply with safety and driving instructions during the activities covered by the Services may result in damage to property or injury to Users or third parties.
Subject to compliance by MOBILBOARD LYON with its obligation to advise and inform the Customer, MOBILBOARD LYON is not liable for the consequences of non-compliance with legal and regulatory provisions in force by the User during the Services.
In particular, in the event of infringements of the Highway Code or any other legislation concerning the Products committed by a Customer and/or User, the Customer and any Users shall be solely liable for the civil and criminal consequences, whether pecuniary or non-pecuniary.
The use of the Products may lead to falls in the event of misuse or carelessness. The User undertakes to comply with the rules of safety and conduct set out by MOBILBOARD LYON at the rental point, and to assume the cost of any repairs required in the event of damage to the equipment, in addition to the cost of the rental.
The attendant (if applicable) may immobilize the Products in the event of failure to comply with these rules.
Each User undertakes not to carry a passenger on the luggage rack of the bicycles (except for child seats supplied on request), or a load exceeding 25 kg, and not to ride TWO (2) people on a bicycle, scooter or Segway gyropod.
Any User may stop the Service at any time if he/she feels unsuitable to pilot the Products, without being entitled to any reimbursement. All our Segway gyropod tours are preceded by an initiation phase which the User undertakes to follow.
Subject to MOBILBOARD LYON's compliance with its obligation to advise and inform the Customer, and to supply Products in good working order and condition, MOBILBOARD LYON shall not be liable for the consequences of the User's failure to comply with safety and driving rules, or for the User's negligence during the Services.
In the event of non-compliance with the GCPS by the Customer and/or a User, and/or for any damage caused to the Products, MOBILBOARD reserves the right to invoice the Customer, in addition to the price of the Services, for any damage and/or deterioration caused directly or indirectly by the User to the Products, and in particular up to the price of :
? New Products, in the event of failure to return, loss and/or theft of Products at the end of the Service;
? Repairs following damage and/or deterioration (including missing parts);
Unless the TULIP warranty is invoked (conditions detailed below): in this case, the Customer is reminded that a deductible of TEN PER CENT (10%) of the amount excluding VAT or of the value of the Product remains payable by the Customer (see TULIP Warranty conditions below).
A receipt will be issued to the Customer upon request, once payment has been received.
9. INTELLECTUAL PROPERTY
MOBILBOARD LYON (including its suppliers and partners, or any third party granting a license of use and/or exploitation to MOBILBOARD, such as the company MLC Management) is and remains the owner of all its intellectual property rights, and in particular on the images, photographs and illustrations present on the Site, on the MOBILBOARD LYON brand/logo, on the Products and Services as well as on the domain name associated with the Site, which the Customer acknowledges and undertakes to respect.
The Customer expressly authorizes MOBILBOARD LYON to reproduce and publicly distribute, represent, adapt, modify, improve, translate, exploit, and/or use the video or photo recordings made during the performance of the Services and directly related to the Services, on the Site as well as on any medium, in particular advertising (including social networks), for the entire duration of the protection of the rights or, failing this, without any time limit, and for the entire world, without any remuneration and/or financial consideration being due by MOBILBOARD LYON to the Customer in this respect.
MOBILBOARD LYON undertakes to withdraw or cause to be withdrawn as soon as possible any publication at the first written request of the Customer.
10. GIFT CARDS
The Customer may purchase gift cards on the Site or in the store, which may be used to reserve one or more Services at a later date, up to the value of the gift card.
Gift cards purchased on the Site or in-store are valid for TWELVE (12) months from the date of purchase.
MOBILBOARD LYON reserves the right to modify and extend the expiration date of said gift cards, in agreement with the Customer.
MOBILBOARD LYON gift cards may be used in the MOBILBOARD LYON boutique only, in one or more instalments within the limit of their value and expiration date. MOBILBOARD LYON gift cards may not be exchanged or reimbursed for cash, except in the event of reimbursement in the event of the Customer exercising his/her right of withdrawal (see article 5 and details in the box following the GSTC).
11. PROTECTION OF PERSONAL DATA
MOBILBOARD LYON undertakes to take all necessary measures to ensure the confidentiality, integrity and security of the data collected, which will under no circumstances be transferred to any third party that does not provide the same guarantees.
MOBILBOARD LYON reminds you that the Customer has the right to access, rectify, portability, deletion and erasure of personal data, minimization of processing and opposition to processing on legitimate grounds, as well as the right to define post-mortem directives, which may be exercised at the following addresses: MOBILBOARD LYON - 29 QUAI DOCTEUR GAILLETON, 69002 LYON and/or firstname.lastname@example.org, as well as the right to lodge a complaint with the competent personal data protection authority (in France the CNIL).
12. EVIDENTIAL VALUE OF ELECTRONIC WRITINGS
Electronic writings between the Parties have evidential value with regard to the Contract. Consequently, it is expressly agreed that, barring manifest error or proof to the contrary, the data stored by MOBILBOARD LYON in its information system shall have evidential value between the Parties in the event of a dispute.
Where the Customer is a consumer, in accordance with the provisions of the French Consumer Code, the Customer has the right to free recourse to a mediation service.
The online dispute resolution platform (RLL) is available at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
The mediator for MOBILBOARD LYON is CM2C and can be contacted at the following addresses: 14 rue saint Jean 75017 Paris and/or email@example.com and/or via the form available on the mediator's website: www.cm2c.net.
The dispute may only be examined by the Consumer Mediator if: (i) the Customer can prove that he/she has first attempted to resolve his/her dispute directly with MOBILBOARD LYON by sending a written complaint to the following address: MOBILBOARD LYON - SARL GYRO EVENTS - 29, quai Docteur Gailleton (69002), and/or by email: firstname.lastname@example.org, and (ii) the Customer has made his or her request to the mediator within a period of less than ONE (1) year from the date of his or her written complaint to MOBILBOARD LYON.
14. TERMINATION - SETTLEMENT OF DISPUTES
The Contract automatically terminates upon completion of the Service or in the event of non-performance of an obligation referred to in articles 6 and/or 7 of the Contract and after formal notice sent by the creditor of the obligation by registered letter to the other Party, which has remained unsuccessful at the end of a period of FIFTEEN (15) days following receipt of the formal notice. Failure by the Customer to comply with the GCPS may result in termination of the Contract and/or suspension of the Customer's account.
THE CONTRACT IS GOVERNED BY FRENCH LAW, TO THE EXCLUSION OF ANY CONFLICT OF LAW WHICH WOULD IMPLY THE APPLICATION OF ANOTHER LAW, SUBJECT TO THE APPLICATION OF ANY MORE FAVORABLE MANDATORY RULES OF THE CUSTOMER'S COUNTRY OF RESIDENCE ON THE DAY OF ACCEPTANCE OF THE GPS.
Bloctel-Protection of personal data: In accordance with Article L.223-2 of the French Consumer Code, Passengers are reminded that they may exercise their right to register on the Bloctel telephone anti-solicitation list: https: //www.bloctel.gouv.fr/
PART II. DETAILS OF TULIP COVERAGE - ELECTRIC BIKE RENTALS
In the event of a claim in connection with a free Rental Service, the Customer is informed that MOBILBOARD LYON has subscribed to a TULIP Breakage & Theft Guarantee, the conditions of which are detailed below. Should the Customer fail to comply with the conditions detailed below in the event of a claim, and subject to MOBILBOARD LYON's failure to obtain compensation from its insurance, the Customer may be required to bear the costs relating to the said claim, in accordance with the conditions set out in the Contract.
In addition, MOBILBOARD LYON offers the Customer the option of taking out additional insurance, for the amount indicated when the Free Rental Service is ordered:
? If this additional insurance is chosen by the Customer, the TULIP Breakage & Theft Guarantee applies, but the amount of the Security Deposit is reduced (see above);
? If this additional insurance is not chosen, the Security Deposit is not reduced (see above), and the TULIP Breakage & Theft Guarantee continues to apply, in any event, under the conditions detailed below.
The TULIP Breakage & Theft Guarantee thus takes effect, in any event, for each of the Free Rental Services, at no additional cost to the Customer.
Accident: Any sudden, unforeseeable event resulting from a cause external to the Insured Item, whether or not caused by the user, and suffered by the Insured Item.
Approved anti-theft device: Anti-theft device supplied by MOBILBOARD LYON.
Insured Item: The rented bicycle whose references appear on the Rental Contract. Breakage: the risk of material damage to the Insured Item. Breakage may be partial (when the Insured Item can be repaired) or total (when the Insured Item cannot be repaired).
Customer: Any person renting a bicycle from MOBILBOARD LYON.
Accidental material damage: Any destruction or deterioration, whether total or partial, that is externally visible, interferes with the use - in compliance with the manufacturer's standards - of the Guaranteed Good and is caused by an Accident.
Warranty: The warranties relating to the Contract, i.e. Breakage and Theft.
Negligence: A lack of precaution or prudence, whether intentional or not, which caused the Loss or facilitated its occurrence.
Natural Catastrophe: The phenomenon caused by the abnormal intensity of a natural agent (such as flooding, landslides, mudslides, drought, earthquakes, etc.). A natural disaster must first be declared by an interministerial decree to be eligible for compensation under the terms of the Contract.
Fixed point of attachment: A fixed, immobile and immovable part, made of stone, metal or wood, attached to a solid wall or the ground, and from which the Insured Item cannot be detached, even by lifting or tearing.
Claim: Event liable to trigger the Guarantee.
Third Party: Any natural person other than the Customer, his or her spouse or partner, ascendants or descendants.
Wear: Progressive deterioration of the Guaranteed Good as a result of its use in accordance with the manufacturer's instructions for use or maintenance.
Value of the item: The purchase value of the insured item, excluding VAT.
Theft: Fraudulent deprivation by a Third Party of the Insured Item, either by assault or by breaking and entering. Theft by assault: Theft by means of threats or violence exerted by a Third Party; Theft by forcible entry: Theft by forcing or destroying :
- of any locking device of an enclosed and covered immovable property, a dwelling, a vehicle,
- or, outdoors, of an approved anti-theft device connecting the Insured Item to a fixed attachment point.
2. Purpose and limits of cover
Losses to the Insured Property are covered subject to the exclusions and limits of the Guarantee, as well as compliance with the reporting deadlines and formalities set out in the TULIP Breakage & Theft Guarantee.
3. Purpose of the Guarantee
In the event of Breakage, the Insured Item will be repaired or, if it is beyond repair (the cost of repair is greater than the Value of the Item), the Item will be reimbursed within the limits defined in article 4 of the TULIP Breakage & Theft Warranty.
In the event of Theft, the Guaranteed Good will be reimbursed within the limits defined in article 4 of the TULIP Breakage & Theft Guarantee.
4. Warranty limits
For the duration of the Free Rental Service, the following is covered :
? In the event of breakage: ONE (1) single claim per item covered, up to the amount of the repair bill excluding VAT (which may not exceed the value of the item) less a 10% deductible and a minimum of €10.
? In the event of theft: ONE (1) single claim per item covered, up to the value of the item less a 10% deductible.
5. Common exclusions
The following are excluded in all cases :
? Losses related to the professional practice of transporting people or goods; the intentional or fraudulent act of any person other than a Third Party;
? Damage and theft occurring in the absence of a hazard;
? Indirect loss or damage suffered by the Customer during or following a Claim;
? Claims arising from negligence;
? The Customer's civil liability;
? Non-fixed accessories (speedometer, lighting system, bicycle pump, water bottle and panniers);
? Acts of war or civil war, riots, internal disturbances, politically motivated acts of violence, terrorist attacks or acts, strikes, expropriations or interventions assimilated to expropriations, seizures, natural or nuclear energy disasters.
6. Exclusions specific to Theft
The following are excluded from Theft Coverage :
? Theft other than theft by assault or break-in ;
? Theft by forcible entry on a public roadway of Property not secured by an Anti-Theft device to a fixed attachment point;
? Theft of electric bicycle batteries not fitted with an anti-theft system integrated into the bicycle frame and installed as standard by the manufacturer.
7. Exclusions specific to Breakage
The following are excluded from the Breakage Warranty:
? Any damage resulting from modification or transformation of the Good;
? Any damage resulting from wear and tear;
? Any damage resulting from fire, natural disasters, lightning or frost;
? Any damage caused by battery failure on electric bicycles;
? Any damage resulting from prolonged use (oxidation, corrosion, rust incrustation, soiling, scaling);
? Damage occurring during events, races or competitions;
? Any damage covered by a legal warranty incumbent on the manufacturer or distributor;
? Any damage resulting from non-compliance with the use and maintenance instructions in the manufacturer's manual;
? Aesthetic damage, discoloration, pitting, staining, scratching, chipping, flaking, denting, swelling or graffiti;
? Costs of estimates or repairs incurred by the Customer without the agreement of MOBILBOARD LYON.
8. How to report a claim
As soon as the Customer becomes aware of a Claim, he/she must declare it to MOBILBOARD LYON at the latest:
? For the Breakage Warranty, within FIVE (5) working days (except in the case of fortuitous events or force majeure);
? For Theft Warranty, within TWO (2) working days.
Claims must be reported to the rental company.
9. What supporting documents must I provide?
In all cases, the Customer must provide MOBILBOARD LYON with a sworn statement describing the exact and detailed circumstances of the claim (in particular the date, time and place of the claim).
In the event of Theft on the public highway, the Customer must (i) provide a copy of the police report, which must mention the circumstances of the Theft as well as the references of the Good (model/brand), and (ii) return the keys of the anti-theft device supplied by MOBILBOARD LYON, as well as any document that his/her insurance company deems necessary to assess the validity of his/her claim for compensation.
10. Terms and conditions of coverage
MOBILBOARD LYON will assume responsibility for the claim if all the supporting documents requested have been received and validated by MOBILBOARD LYON.
If this is not the case, and in the absence of compensation from its insurance for the Damage, MOBILBOARD LYON reserves the right to invoice the Customer for the costs incurred by MOBILBOARD LYON as a result of the Damage, in accordance with the Contract.
11. Miscellaneous provisions
Territoriality: Coverage applies to Losses occurring in mainland France.
Misrepresentation: Any misrepresentation made by the Customer in the event of a Claim exposes him/her, if his/her bad faith is proven, to the nullity of the Guarantee contract and, consequently, to the loss of his/her right to the Guarantee.
PART III. DETAILS CONCERNING THE RIGHT OF WITHDRAWAL
In accordance with article L. 221-28, 12° of the French Consumer Code, and given the particular nature of the Services, orders placed by the Customer do not benefit from the right of withdrawal, with the exception of gift card orders.
Consequently, the Contract is definitively concluded as soon as the Customer places the order in accordance with the terms and conditions specified in the present CGPS.
For gift card orders, the Customer benefits from a withdrawal period of FOURTEEN (14) days from the day following the conclusion of the Contract (i.e. the day following the order date), the terms and conditions of which are specified in the box below.
The Customer may only be held liable in the event of depreciation of the Gift Card resulting from handling other than that required for its proper functioning, in accordance with the nature and characteristics of the Gift Card. If the gift card has been fully or partially used, the right of withdrawal does not apply.
Information on exercising the right of withdrawal for gift cards only
Right of withdrawal
You have the right to withdraw from this contract (for the purchase of MOBILBOARD LYON gift cards) within 14 days without giving any reason.
The withdrawal period expires fourteen days after the day on which the contract was concluded.
To exercise your right of withdrawal, you must notify us (contact details: MOBILBOARD LYON - SARL GYRO EVENTS, 29, quai Docteur Gailleton (69002), e-mail address: LYON@mobilboard.com; telephone number: 09 83 58 73 35), of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). You can use the model withdrawal form, but this is not compulsory.
For the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the event of your withdrawal from this contract (for the purchase of MOBILBOARD LYON gift cards), we will reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.
If you have asked us to commence the provision of services (i.e. the use of the purchased MOBILBOARD gift card) during the withdrawal period, you will be required to pay us an amount proportionate to what has been provided to you up to the time you have informed us of your withdrawal from this contract, in relation to the total services provided under the contract.
Appendix: Cancellation form
Model withdrawal form
Please complete and return this form only if you wish to withdraw from the Contract.
To the attention of: MOBILBOARD LYON - SARL GYRO EVENTS, 29, quai Docteur Gailleton, 69002 LYON
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the Contract for the sale of the gift card below:?
Ordered on _________________ (*) / Received on _________________ (*) :
Signature of customer(s)