General rental terms

CYCLOFY

6 Avenue des Bains 34540 Balaruc-le-Vieux - RCS 101 423 879 Montpellier

CYCLOFY, as a rental company (the "Renter"), offers a rental service for mountain bikes, hybrid bikes, and e-bikes available on the website https://www.cyclofy.com/ for individual and professional clients, for personal or professional use within France.

These General Rental Terms and Conditions (the "GTC") define the rights and obligations of the parties regarding bicycle rentals, whether booked through the Renter's website at https://www.cyclofy.com/ or directly with the Renter.

The GTC apply to:

individual clients (the "Individual Client"), who are adults acting outside of their professional activity;

Professional clients (the “Professional Client”), legal entities or natural persons acting within the scope of their professional activity (entrepreneurs, companies, associations, etc.).

These General Terms and Conditions supersede and replace all prior general terms and conditions and prevail over any other document or exchange, unless specific conditions are expressly accepted by the Lessor.

In the event of a modification to these General Terms and Conditions, the applicable version is the one in effect on the date the reservation is confirmed by the Client.

The Lessor and the Client (whether a Private Client or a Professional Client) are hereinafter collectively referred to as the “Parties”.

1. PURPOSE

These General Terms and Conditions govern the rental of bicycles offered by the Lessor, including their delivery to the Client at the address provided or at the Lessor's garage, for a specified period.

Rental can be arranged:

Online via the Lessor's website, with immediate or deferred payment upon bicycle delivery,

or directly with the Lessor (by phone, email, or in person), with payment upon bicycle delivery.

These General Terms and Conditions constitute the rental agreement between the Lessor and the Customer.

2. RESERVATION

The Customer can reserve one or more bicycles:

either online via the Lessor's website https://www.cyclofy.com/ using the secure Lokki booking solution (https://www.lokki.rent/),

or directly with the Lessor, by phone, email, or in person.

Online reservations can be made up to the day before the rental date, subject to availability. A reservation confirmation will be sent to the Customer electronically.

Payment can be made:

online, via the Lokki platform, at the time of booking,

or upon bike collection, depending on the customer's choice at the time of booking (if this option is available).

The applicable rate is the one indicated at the time of booking. All prices are in euros, inclusive of all taxes. The Lessor reserves the right to change its rates at any time, it being understood that the price applied is the one in effect on the day of booking.

The Lessor accepts the following payment methods: credit card (via Lokki), bank transfer, check, or any other method specified at the time of booking.

No discount or reduction will be applied after booking confirmation, unless expressly agreed to by the Lessor.

The customer can choose additional options at the time of online booking or upon bike collection, subject to availability. These options may include, for example, an extra helmet, a child seat, or a basket. If payment has already been made online, any optional equipment selected at the time of delivery must be paid for directly on site.

3. RENTAL PERIOD

The rental period begins on the date the bicycle is delivered to the Customer for the duration agreed upon at the time of booking, expressed in number of days.

Unless otherwise agreed, rentals are per day, with unlimited mileage.

Any extension of the rental period must be subject to a new booking or written agreement from the Lessor, subject to availability.

In the event of early return of the bicycle by the Customer, no refund will be issued, unless expressly agreed to by the Lessor.

Any delay in returning the bicycle may result in a financial penalty charge, in accordance with the amounts indicated in the compensation schedule in Appendix 1, unless prior agreement has been obtained from the Lessor.

4. SECURITY DEPOSIT

A security deposit is required by the Lessor to cover any potential breaches of contract by the Client, such as damage, loss, theft of the bicycle, late return, or any other breach of contract.

The amount of the security deposit is indicated to the Client at the time of booking.

Depending on the booking method, the security deposit is paid as follows:

For online bookings via Lokki: a pre-authorization is placed on your credit card by the secure payment provider Stripe. This pre-authorization is not charged unless activated by the Lessor in the event of a breach of contract.

For direct bookings upon bicycle pick-up: the security deposit consists of either a pre-authorization on your credit card or a check that will not be cashed and will be returned at the end of the rental period if no issues are found.

The security deposit is automatically released (or the check returned/destroyed) within a maximum of seven (7) calendar days following the proper return of the bicycle, except in cases of damage, delay, or non-return.

In the event of an incident, the Lessor may deduct all or part of the security deposit, based on the compensation schedule in Appendix 1.

If the deposit amount is insufficient to cover the costs incurred, the Lessor reserves the right to take any necessary action to obtain the remaining balance from the Customer.

5. BICYCLE DELIVERY

The bicycle is delivered to the Customer on the date agreed upon during the booking process:

either at the address provided by the Customer,

or at the Lessor's garage, at the agreed time.

The bicycle delivery will be subject to a joint inspection of the equipment, if deemed necessary by the Lessor.

The Customer agrees to return the bicycle:

on the date and at the time specified in the reservation,

to the same address as the initial delivery or, if offered by the Lessor, to a designated drop-off point.

The bicycle must be returned in good working order, with all accessories provided (helmet, lock, charger, etc.). In the event of failure to return, damage, or loss, the conditions stipulated in the article concerning the security deposit will apply.

Any delay in returning the bicycle may result in a financial penalty, in accordance with the amounts indicated in the compensation schedule in Appendix 1, unless otherwise agreed upon by the Lessor. These penalties apply without prejudice to the provisions of Article 3, Rental Period.

The Customer remains responsible for the bicycle until its actual return to the Lessor.

6. USE OF BICYCLES

6.1. Rules applicable to all Customers

The Customer agrees to use the bicycle:

only within French territory,

under normal conditions of use and in accordance with the characteristics of the model chosen at the time of booking (for example: road use, off-road use, speed limits, authorized transport conditions, etc.),

without modifying the bicycle, its components, or accessories,

in compliance with the Highway Code and, where applicable, the specific restrictions for electric bicycles.

ensuring its safety, in particular by using the provided lock and securing it to a fixed point when parked.

6.2. Rules specific to Individual Customers

The use of the bicycle is strictly personal. Any subletting, loan, or provision to a third party is prohibited without the Lessor's written consent.

6.3. Rules specific to Business Customers

The bicycle may be used in the context of the Customer's professional activity, in particular by their employees, collaborators, or clients. The Professional Client is responsible for ensuring that any person to whom they entrust the use of the bicycle complies with these General Terms and Conditions.

7. CONDITION OF THE BICYCLE

The Lessor guarantees that the bicycle is in good working order upon delivery to the Client.

The Client is advised to visually inspect the bicycle upon taking possession of it and to immediately report any apparent defects or anomalies.

The Lessor's liability will only be engaged in the event of a defect affecting the normal use of the bicycle, not attributable to misuse, negligence, or an accident occurring during the rental period.

8. INSURANCE - LIABILITY

8.1. Rules applicable to all Clients

Throughout the rental period, the Client assumes legal custody of the bicycle, meaning they have control, use, and responsibility for it. They are solely responsible for the bicycle and any damage they may sustain or cause to third parties during the rental period.

The Lessor shall not be held liable for:

personal injury or property damage caused by the Client or to their property,

improper use of the bicycle by the Client or a third party,

failure by the Client to comply with legal or regulatory obligations (Highway Code, wearing a helmet, etc.).

It is the Client's responsibility to ensure they have appropriate insurance coverage (personal or professional liability insurance, specific insurance), covering in particular:

damage caused to third parties,

theft of the bicycle and damage to the bicycle,

risks associated with the use of an electric bicycle.

In the event of an accident, theft, or damage, the Client agrees to immediately inform the Lessor and provide them with all relevant documentation (accident report, police report, insurance certificate, etc.).

8.2. Specific Rules for Individual Customers

Individual Customers remain responsible for the bicycle for the entire duration of the rental and bear the financial consequences of any loss, theft, or damage, except in cases of force majeure, wear and tear, or a defect in the bicycle.

In the event of loss, theft, or damage attributable to the Individual Customer, the compensation due to the Lessor is determined according to the attached compensation schedule. The Individual Customer retains the right to demonstrate that:

the damage or loss resulted from a case of force majeure, wear and tear, or a defect in the bicycle, or

the amount stipulated in the schedule clearly exceeds the actual loss suffered by the Lessor.

8.3. Specific Rules for Business Customers

Business Customers are solely responsible for the bicycle for the entire duration of the rental, including when it is used by their employees, subcontractors, agents, or clients.

Under no circumstances shall the Lessor be held liable for bodily injury, property damage, or consequential damages caused by these individuals to third parties, nor for any damages they may sustain while using the bicycle.

In the event of loss, theft, or damage attributable to the Professional Client or the individuals to whom they have entrusted the bicycle, the compensation due to the Lessor will be determined according to the attached compensation schedule, without recourse against the Lessor.

The Professional Client undertakes to take out appropriate insurance covering, in particular, the professional use of the bicycle, its use by third parties under their responsibility, as well as any damage caused or suffered in this context.

When the rental agreement is concluded with a Professional Client, particularly for making bicycles available to their employees, collaborators, managers, clients, guests, or participants, the Professional Client remains solely responsible for all bicycles and accessories rented for the entire duration of the rental, even in the absence of a security deposit, bank guarantee, security check, or in the event of a security deposit less than the actual loss incurred.

The Professional Client agrees to reimburse the Lessor, upon simple request and with supporting documentation, for all sums due for any breakage, damage, loss, disappearance, theft, non-return, damage, or repair costs concerning the rented bicycles and accessories, whether caused by the Client or by any person to whom the Client has entrusted or allowed the use of the equipment.

This compensation may be determined based on the compensation schedule attached to these General Terms and Conditions of Rental, without prejudice to the Lessor's right to claim additional compensation if the actual damage is greater.

9. WITHDRAWAL - CANCELLATION

9.1. Withdrawal

In accordance with Article L221-28, 12° of the French Consumer Code, the right of withdrawal does not apply to rental services for goods provided on a specific date or at specific intervals.

Reservations made via the website or directly are for a specific date; therefore, no cancellation requests will be accepted, whether the Client is an Individual or a Professional.

9.2. Cancellation

The Client may cancel their reservation by informing the Lessor in writing (email or online form), subject to the following deadlines and conditions:

For reservations with online payment:

More than 48 hours before the rental date: full refund.

Between 48 and 24 hours before: 50% refund of the amount paid.

Less than 24 hours before, or in case of no-show: no refund will be issued.

For reservations with payment due upon bike pick-up:

More than 24 hours before the rental date: cancellation without charge.

Less than 24 hours before, or in case of no-show: the total rental amount will remain due and may be charged or debited via the registered payment method (e.g., credit card authorization).

No refund or waiver will be granted if the rental could not be used, in whole or in part, due to the Client's actions (e.g., delay, lack of identification, refusal to comply with the rental conditions, etc.).

10. PROTECTION OF PERSONAL DATA

The Lessor collects and processes personal data in accordance with the data privacy policy available on its website [https://www.cyclofy.com/politique-confidentialite].

11. MEDIATION

11.1. Dispute with an Individual Client

In accordance with Articles L612-1 et seq. of the French Consumer Code, the Individual Client has the right to use a consumer mediator free of charge to resolve any dispute with the Lessor amicably.

The Individual Customer may contact the following mediator:

CM2C

49 rue de Ponthieu

75008 PARIS

Tel: +33 1 89 47 00 14

Website: https://www.cm2c.net/declarer-un-litige.php

Email: litiges@cm2c.net

The mediation request must be submitted within a maximum period of one (1) year from the date of the written complaint sent to the Lessor by registered mail with return receipt requested.

The Individual Customer may also submit their complaint to the European online dispute resolution platform, accessible at the following address: https://ec.europa.eu/consumers/odr/

Referral to this platform is only possible if no mediation procedure with the mediator designated above has been initiated.

11.2. Dispute with a Business Client

In the event of a disagreement between the Lessor and a Business Client, the Parties agree to attempt to resolve the dispute amicably before taking any legal action.

If no agreement is reached within thirty (30) days of written notification of the dispute by one of the Parties, the dispute may be brought before the competent court, under the conditions specified in the article "Applicable Law – Jurisdiction".

12. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions are governed by French law.

In the event of a dispute between the Lessor and a Consumer Client, and in accordance with the rules of common law, the competent courts shall be those of the Consumer Client's domicile, or, as the case may be, those designated by the articles of the Code of Civil Procedure relating to contracts concluded with a consumer.

IN THE EVENT OF A DISPUTE WITH A BUSINESS CLIENT, THE COURTS WITHIN THE JURISDICTION OF THE LESSOR'S REGISTERED OFFICE WILL HAVE JURISDICTION, EVEN IN THE CASE OF MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS.

Appendix: Compensation Schedule

In the event of late return, non-return, or damage to the bicycle, the following amounts may be charged to the Client, without prejudice to any other action or additional compensation if the actual damage suffered is greater.