Wheel Free general leasing terms

 

Wheel Free general leasing terms

 

Article 1 : Purpose

The purpose of the present general leasing terms is to determine the methods of leasing of vehicles and accessories - called Service - through the company Wheel Free which enables the lessee (hereinafter called the "Client") to gain access to a service of leasing of vehicles and of mobility accessories by making payment through an account.

The term "vehicles" is understood to mean bicycles (Standard Cycles) or Electrically Assisted Cycles, and the term accessories is understood to mean various products relating to the cycling market.

 

Article 2 : Description of Wheel Free's vehicle and accessory leasing service

The Service, which is open to individuals aged 18 or over, notably enables its subscriber (hereinafter called the "Client") to gain access to the leasing of vehicles and accessories by paying for the latter by means of an account with Wheel Free, or at the rental point, located at 33 rue du Général de Gaulle 45650 Saint Jean Le Blanc.

To be able to have an open account, and therefore this Service, the Client must be the holder of an active email address. If their email address changes, the Client (the Lessee) must inform Wheel Free thereof by email.

The language used for subscription and use of the Service is French.

Web surfers can contact the company Wheel Free by using the "contact" link shown at the bottom of the site page.

 

a) Subscription to the "Service".

The Client (the Lessee) goes to the dedicated website www.Wheel-Free.fr (hereinafter the dedicated Site).

The Client (the Lessee) opens on the dedicated Site an account with the company Wheel Free.

This account is strictly personal to the Client (the Lessee).

In order to confirm the email address of the Client (the Lessee), the company Wheel Free sends the latter an email including a link which the Client must click.

Through this account, the Client (the Lessee) shall pay, by means of a payment in Euros made via the Internet by bankcard (secure payments), all or part of the sum due of the "Service" which it has selected on the General Leasing Terms.

When reserving the "Service", the Client (the Lessee) has the option of correcting any errors up until its final confirmation.

Subscription to the "Service" implies acceptance by the Client (the Lessee) of the present general terms.

The registration of the Client (the Lessee) is recorded by the company Wheel Free in an electronic database.

The Client (the Lessee) can learn what data is stored by sending a postal letter to the company Wheel Free 33 rue du Général de Gaulle 45650 Saint Jean Le Blanc.

 

b) Using the Account to lease vehicles and accessories

The Client (the Lessee) can lease vehicles and accessories by paying for their rentals using their Account, or using a means of payment of the bankcard type, or in cash, at the leasing location, 33 rue du Général de Gaulle 45650 Saint Jean Le Blanc.

Each rental leads to the signature of a contract in the rental point of the company Wheel Free, where the Client (the Lessee) wishes to pick up the selected "Service".

The money is debited from the account by this rental point when the hired good or goods are picked up, if part of the payment to be made to provide the "Service" has not yet been paid.

Any rental extensions are also payable by means of the Account, or when the vehicles/Accessories are returned, with a means of payment of the bank card type, or in cash.

If a deposit is requested this deposit must also be paid by bank card.

Any fines, repair costs, insurance excesses and other sums which may be due by the lessee are payable by bank card or in cash.

When the rental contract is concluded the company Wheel Free may take an impression of the bank card of the Client (the Lessee) so that these sums can subsequently be recovered.

The list of prices of the rentals of the company Wheel Free is available on the dedicated Site. It is subject to modifications.

 

The terms of the rental contract are accessible on the dedicated Site and at the Rental point of the company Wheel Free.

They are subject to modifications.

 

c) Online reservation of the vehicles and accessories "Service"

When their Account is created, the Client (the Lessee) can reserve vehicles and accessories for one or more periods, subject to their availability.

Rentals reserved online are subject to all the present general terms and the general rental terms of the Vehicles and Accessories hereinafter, and also to the following rules :

The Client (the Lessee) has the option of modifying their reservation freely until the end of the reservation process.

When the reservation is made, and until the rented Vehicles/Accessories are handed over, the sum paid to the company Wheel Free to guarantee the reservation is collected by the company Wheel Free as a guarantee for payment of the price of the "Service".

 

When the "Service" has been reserved the Client (the Lessee) receives by email a reservation confirmation which they must hand in when taking out the vehicles/accessories.

The Client (the Lessee) may cancel a reservation on the dedicated Site on the following terms :

- In the event of cancellation more than 30 days before the start of the rental, the sum received by the company Wheel Free is reimbursed in full by bank transfer, within a maximum of 20 days after confirmation by the company Wheel Free by email accepting the cancellation of the reservation.

- In the event of cancellation 15 days before the start of the rental, 20% of the sum received by the company Wheel Free (rounded to the nearest Euro) is reimbursed by bank transfer, within a maximum of 20 days after confirmation by the company Wheel Free by email accepting the cancellation of the reservation.

- In the event of cancellation between 5 days before the start of the rental, 10% of the sum received by the company Wheel Free (rounded to the nearest Euro) is reimbursed by bank transfer, within a maximum of 20 days after confirmation by the company Wheel Free by email accepting the cancellation of the reservation.

- NO REFUNDS WILL BE MADE IN THE EVENT OF A CANCELLATION 4 DAYS BEFORE THE BEGINNING OF THE RENTAL.

 

Article 3 : Terms for gaining possession of the "Service"

In the case of online reservation, all the access conditions (age, currently valid identity documents, payment of the down payment, etc.) set out in the general rental terms below are not checked online, but are checked later when the vehicle(s), and accessories, are handed over.

Accordingly, it is the responsibility of the Client (the Lessee) to check that they do indeed meet these access conditions before reserving. If ultimately it is not possible to hand over the reserved vehicle because an access condition is not met, the provisions governing cancellation of a reservation occurring less than 24 hours before the start of the location shall be applicable and the Client (the Lessee) shall notably be liable to pay the sum stipulated in this case.

If a Client (the Lessee) having reserved and not having cancelled their reservation on the dedicated Site does not appear in order to take delivery of the rented vehicle(s) and accessories, this Client (the Lessee) shall be liable to pay the total price of the rental and shall therefore receive no reimbursement.

 

 

Article 4 : Payment system

 The company Wheel Free shall have the option to transmit the present contract :

- in respect of the payment system part, to a third party of its choice.

 

Article 5 : Dispute and applicable law

In the event of a dispute, the company Wheel Free and the Client (the Lessee) shall attempt to resolve the matter by mutual consent before referring it to the competent court.

The competent court shall be that of Orléans (45).

The present general terms and the Service are subject to French law.

 

Article 6 : Validity and reproduction of general rental terms

 

The present general rental terms are valid for as long as they are online.

If a Client subscribes to the "Service", the delivered "Service" is governed by the general online rental terms at the time of subscription.

The Client can download and print the general terms before subscribing to the Service.

 

Article 7 : The Lessee Client

The signatory of the rental contract (hereinafter designated the "Lessee") must be 18 or over, declare themselves fit to practise cycling, and also declare that they have no medical contra-indication.

The Lessee shall also be asked to provide a recent documentary proof of domicile.

Other persons than the Lessee may be authorised to use the Vehicle(s) and Accessories, provided their identity is precisely stated in the rental contract, and provided that they meet the same terms as the Lessee, including in the case of minor children, the legal guardian of whom is the signatory of the contract.

Except for the Lessee and the approved users, if applicable, no-one is authorised to use the cycles and accessories delivered by the paid "Service".

 

Article 8 : Condition of Vehicle, servicing and repair

The Vehicle(s) are handed over to the Lessee in a satisfactory state of operation, except for any damage which may be mentioned in the rental contract.

The tyres are in a good condition and have no cuts. In the event that one of them is damaged due to a cause other than normal wear and tear, the Lessee undertakes to replace it by a new tyre of the same brand, same characteristics and same dimensions. Every instance of damage or reserve, when the Vehicle(s) is/are handed over or returned, must be mentioned in the rental contract.

Day-to-day servicing of the Vehicle as set out according to the manufacturer's servicing recommendations is undertaken by the Lessor.

Repairs and exchanges of parts or tyres resulting from normal wear and tear are payable by the Lessor and are undertaken by ourselves.

All repairs, exchanges of parts or supplies and/or accessories resulting from negligence by or a fault of the Lessee, or the approved users, if applicable, are payable by the Lessee.

In the event of immobilisation, the Vehicle(s) and accessories shall then be returned to the address of the company Wheel Free, located at 33 rue du Général de Gaulle 45650 Saint Jean Le Blanc, by the Lessee, and at their expense, which shall include the costs of removal and transport.

The rental continues normally in this case, and all the Lessee's subsequent obligations remain in force.

 

Article 9 : Guard, operation, use and return of the vehicle

From the time when the Vehicle(s) and equipment is/are made available, the Lessee has the guard of it/them and is solely liable for it/them and for any consequences which may result from its/their use.

The Lessee is solely liable for breaches of the Highway Code relating to operation or guard of the Vehicle(s) and equipment, or for any other breach of the legislative, fiscal and statutory provisions in force, committed during the term of the contract.

The Lessee is liable to pay the fines, orders to pay and sanctions, and undertakes to reimburse the value of these to the Lessor if the latter is obliged to advance them.

If the Lessor is involved in paying these fines, sanctions or orders to pay, the Lessor shall invoice the Lessee a sum of 25 Euros for each such action, for administrative costs.

The Lessee undertakes to take all measures to prevent damage, theft or fraudulent removal of the Vehicle(s) and equipment.

In particular, they undertake, when the Vehicle(s) and equipment is/are parked, to attach it to a fixture using the antitheft device supplied by the Lessor.

 

In the event of theft or damage of the vehicle(s) and equipment, the Lessee must pay the sum of the excess(es) set out in article 10 of the present general terms.

 

The Lessee uses the Vehicle(s) and equipment responsibly, taking all precautions that the Lessor is entitled to expect.

 

In the case of a hire of an electrically assisted cycle, the Lessee:

- acknowledges that they have received and familiarised themselves with the electrically assisted vehicle handover form, and notably the instructions in respect of recharging;

- undertakes to follow the indications given in the said form.

The Lessee shall be liable for damage or losses incurred by the Vehicle and/or its equipment or accessories

Véhicule et/ou ses équipements ou accessoires.

The Lessee undertakes not to modify anything or attach anything to the Vehicle or to its Equipment.

 

The/the vehicle(s) and equipment must not have been used abnormally, and in particular :

- off highways suitable for motor vehicles;

- for transport of passengers on a paying basis;

- for sub-leasing;

- to tow or pull any object, except for those leased by the lessor;

- for competitions or rallies, or for trials for them;

- for the transport of a passenger, except for the transport of a small child, provided an approved seat has been installed.

- for the transport of flammable, explosive, corrosive, combustible or radioactive material, or material which is the source of ionising radiation

 

The Vehicle(s) and equipment may be used only in mainland France.

 

The rental is consented for the determined term set out in the leasing contract.

The Lessee must return the vehicle(s) and equipment to the point of departure, on the scheduled date and at the scheduled time as indicated in the leasing contract. If the Lessee wishes to extend the rental term, and to modify this date, they must inform the company Wheel Free thereof and obtain its agreement beforehand.

No reimbursement shall be made if the Lessee returns the Vehicle(s) and equipment before the scheduled end of lease date.

The Vehicle(s) and equipment must be returned in the same operational and visual condition as when they were made available, with the tyres in a satisfactory condition.

Failing this, any costs for repair of the Vehicle(s) and equipment shall be charged to the Lessee.

 

Article 10 : Condition, use, guard and return of Accessory(ies)

The Accessory(ies) is/are handed over to the Lessee in a satisfactory condition, except for any damage which may be mentioned in the rental contract. Every instance of damage or reserve, when the Accessory(ies) is/are handed over or returned, must be mentioned in the rental contract.

 

10.1 : Use, guard and return of the Accessory(ies)

The accessories are installed and removed by the Lessor when they are taken possession of and returned, and subsequently by the Lessee.

From the time when the Accessory(ies) is/are made available, the Lessee has the guard of the Accessory(ies) and is solely liable for it/them and for any consequences which may result from its/their use.

The Lessee undertakes to take all measures to prevent damage, theft or fraudulent removal of the Accessories. They are liable if the Accessory(ies) is/are stolen.

 

The Lessee uses the Accessory(ies) in compliance with the regulations, responsibly, and taking all precautions that the Lessor is entitled to expect.

The Lessee shall be liable for any damage or losses incurred by the Accessory(ies).

The Lessee undertakes not to modify or attach anything to the Accessory(ies), without the Lessor's written authorisation.

The rental is consented for the determined term set out in the leasing contract.

The Lessee must return the Accessory(ies) to the rental point, 33 rue du Général de Gaulle 45650 Saint Jean Le Blanc, on the scheduled date and at the scheduled time, as given in the rental contract.

If the Lessee wishes to extend the rental term, and to modify this date, they must inform the Lessor thereof and obtain its agreement beforehand.

No reimbursement shall be made if the Lessee returns the accessory(ies) before the scheduled end of lease date.

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

Failing this, any repair costs shall be charged to the Lessee.

10.2 : Liability

The Lessee shall be liable for any damage incurred or caused by the Accessory(ies), unless they prove that this damage is due to an internal flaw or defective maintenance of the Accessory(ies).

 

Article 11 : Liability; Insurance; Cover

The Lessee is personally liable for damage which it causes during use of the Vehicle(s) and/or Accessories. The Lessor may not be held liable in respect of damage incurred or caused by the Vehicle(s) and/or Accessories, unless it is proved that this damage is due to an internal flaw or to defective maintenance of the Vehicle(s) and/or accessories.

 

The lessee declares that it holds a civil liability insurance policy.

 

For each rental contract a "Theft-Damage-Destruction Cover" is included in the contract.

 

 

11.1- Obligations of the Lessee in the event of accident or theft

The Lessee undertakes in all cases to inform the company Wheel Free of the casualty, as rapidly as possible, and at the latest within 24 hours of the occurrence of the casualty.

The Lessee also undertakes:

a) In the event of an accident, within 48 hours (forty-eight hours), or two working days, to send the company Wheel Free, even if only material damage was incurred by the vehicle(s) and/or accessories, the original of the accident report duly and legibly completed (or failing this, the casualty declaration including all useful information concerning the circumstances of the casualty, the details of the driver of the Vehicle(s), those of the other party, and of its insurer, and also those of the witnesses, and the damage incurred by the Vehicle(s) and/or accessories).

b) In the event of theft of the Vehicle(s) and/or accessories, or of vandalism, the Lessee is obliged to declare the theft or vandalism, as soon as the damage or disappearance is observed, to the police or constabulary authorities, to declare and provide the complaint lodging certificate to the company Wheel Free within 48 hours (forty-eight hours) or 2 (two) working days from the time when the damage or disappearance was observed.

 

11.2- Insurance; Cover

Wheel Free has subscribed an insurance policy which covers for the Lessee reimbursement to Wheel Free, according to the definitions and terms below, for any prejudices incurred by Wheel Free in application of a determined excess sum which shall be due to Wheel Free, depending on the type, and whatever the prejudice sum.

 

11.2.1.     DEFINITIONS

 

11.2.1.1        Accident :

Any sudden, unforeseen event external to the damaged good and constituting the cause of the damage.

 

11.2.1.2       Accidental material damage:

All damage or destruction of the cycle following an accident or fall with or without an identified third party.

 

11.2.1.3        Theft:

Any sudden and unforeseen event the consequence of which is the total disappearance of the cycle mentioned in the certificate of registration, and involving a break-in or attack of the person using it.

 

11.2.1.4        Break-in:

Forcing of the locking devices of a premises, a room or a 4-wheeled motorised land vehicle.

Forcing or destruction of the referenced antitheft device attaching the cycle to a fixed connecting point in the public highway.

 

11.2.1.5        Referenced antitheft device:

For all cycles, a U-lock-type antitheft device, a chain-type antitheft device, a connection-type antitheft device, or a cable-type antitheft device with a cable of diameter of at least 10 mm.

 

11.2.2.     GOODS/OBJECTS COVERED:

The cycles and accessories covered by a rental contract with WHEEL FREE, whatever its term.

 

11.2.3.     COVERAGE

Damage to property: cycles and fixed accessories

WHEEL FREE covers reimbursement of accidental material damage, excluding theft, incurred by the cycles and accessories covered by a rental contract with WHEEL FREE.

This cover is valid up to the sum stated in paragraph 5.

The coverage is extended to damage occasioned during road and rail transport.

Payment is made after deduction of the sums paid under the lessee's personal insurance policy covering all or part of the damage.

 

Theft of the good by break-in or attack

WHEEL FREE covers reimbursement of damage following theft by break-in or attack of the cycles and accessories covered by a rental contract with WHEEL FREE, excluding the thefts mentioned in paragraph 6.

It is expressly stated that the cycle is covered if a referenced antitheft device as defined in article 1.5 has been used by the lessee.

This cover is valid up to the sum stated in paragraph 5.

It is expressly stated that the cycle must be attached to a fixed point using its frame, and using the referenced antitheft device.

 

11.2.4.     TERM OF COVER

The cover takes effect on the date and at the time when the leased goods are made available. The cover automatically ceases at the end of the rental period.

 

11.2.5.     SUM OF THE COVER, LIMITS OF COVERAGE AND DEPRECIATION

Damage to the goods and Theft of the good by break-in or attack

Coverage by WHEEL FREE of the costs of repair or replacement of the leased goods following an accident, accidental material damage or theft with break-in.

In the event of damage, a fixed excess of 150 € for VAEs and of 50 € for non-VAE cycles shall be payable by the lessee.

In the event of damage to the accessory packs, a fixed excess of 50 € shall be payable by the lessee

In the event of theft, a fixed excess of 150 € shall be payable by the lessee.

In the event of theft of the accessory packs, a fixed excess of 25 € shall be payable by the lessee

An invoice shall be drawn up in their name in order that they may, if applicable, give it to their personal insurer.

 

 

11.2.6.     EXCLUSIONS

The following are excluded:

-  Theft without break-in or attack,

Theft on the public highway between 10 p.m. and 5 a.m., including in the case of cycles in vehicles, on trailers, on roof racks or on cycle-carriers,

-  Thefts from trailers, roof racks, cycle-carriers, unless the cycle is attached to the trailer, to the roof rack or to the cycle-carrier using a U-lock-type, chain-type or connection-type antitheft device.

-  Damage resulting from use not in compliance with the manufacturers' standards of use; and also damage resulting from an inherent flaw, defective maintenance or poor operation of the objects covered,

-  Punctures,

-  Damage when under the influence of alcohol, when intoxicated or when using medicine, drugs or narcotics which have not been medically prescribed,

-  Fault of the Beneficiary or user, if it is intentional or fraudulent,

 

11.2.7.     OBLIGATIONS OF THE BENEFICIARY IN THE EVENT OF A CASUALTY

The Beneficiary must notably:

Under penalty of forfeiture of the cover, give WHEEL FREE the declaration in writing of every casualty, at the latest within 5 working days following the date on which they became aware of it (except in the event of an accidental case or force majeure),

The lessee must provide:

If coverage is sought due to accidental damage:

An explanation of the circumstances of the casualty, and all documents proving the accident or the fall (accident report, police declaration, witness report, medical certificate, etc.),

If coverage is sought due to theft of the cycle: The complaint lodging police report for theft, with break-in or attack,

  • In the event of a theft from inside a vehicle, a declaration must have been sent to the motor vehicle insurer of the vandalised vehicle. In all cases, a copy of this declaration, together with a copy of general and special terms of the motor vehicle insurance of the vehicle concerned, must be sent to the broker.

On request, the lessee may be required to produce all documentary proof to prove the casualty.

A lessee who is in bad faith, who exaggerates the value of the damages, who claims that objects or goods which did not exist at the time of the casualty were destroyed, who conceals or removes all or part of the covered objects, or who uses as a justification fraudulent means or inaccurate documents, forfeits all rights to the cover for the casualty in question.

 

Article 12 : Price

The prix of the rental is determined in accordance with the Lessor's Price List:

- in force on the date of the reservation in the case of an online reservation;

- in force on the date of signature of the rental contract in all other cases.

 

Article 13 : Deposit

As a guarantee for the satisfactory performance of their obligations by the Lessee, the latter must pay a non-debited Deposit to Wheel Free 33 rue du Général de Gaulle 45650 Saint Jean Le Blanc, consisting of a sum of:

- 250 Euros for each leased Child Cycle.

- 350 Euros for each leased Standard Cycle.

- 850 Euros for each leased Electrically Assisted Cycle.

 

By express agreement, the deposit is assigned to the Lessor in full ownership up to the value of the sums due by the Lessee to the Lessor, in the event that the Lessee does not pay at its due date any sum due to the Lessor.

 

Article 14 : Return of the Vehicle

Since only the return of the Vehicle(s) and/or accessories, and of its keys, causes the rental to cease, the Lessee must pay the rental sum until the date of return, except when the Lessee no longer disposes of the Vehicle for reasons not attributable to them. The return must be made during the opening hours of the rental point, 33 rue du Général de Gaulle 45650 Saint Jean Le Blanc.

If the Lessee nonetheless returns the Vehicle(s) and/or accessories outside the opening times, the Lessee shall retain the guard and the related risks until the opening time of the rental point.

 

Article 15 : Miscellaneous provisions

If the Lessee fails to perform any of its contractual obligations the Lessor may terminate the rental before term as of right, without prejudice for all other rights.

contractuelles, le Loueur pourra de plein droit mettre fin par anticipation à la location,sans préjudice de tous autres droits.

The present contract is subject to French law.

 

Article 16 : Computer and freedom law

In application of Law n° 78-17 of 6 January 1978 relative to computers, files and freedom, amended by Law n°2004-801 of 6 August 2004, the Lessee is informed and accepts that:

1°) their transmitted personal information may be used for purposes of surveys or analyses, or in connection with commercial operations by the company Wheel Free

2°) They enjoy, in accordance with the abovementioned law, a right of access, amendment and removal of data relating to them, following a simple request to Wheel Free 33 rue du Général de Gaulle 45650 Saint Jean Le Blanc.

 

Signed in ..............................................., on (date) ............................................

Initial at bottom of each page.

 

 

Signature, preceded by the surname and first name: