Mobylette Rental Agreement
This contract is subject to French law, in the event of translation the French contract will prevail. The clauses are applicable individually and jointly, regardless of the structure and titles of the document.
1 General
1.1 The purpose of this document is to set out the terms and conditions for renting mopeds, equipment and accessories (hereinafter referred to as “the Equipment”), and other services offered by the Company PEDAL 'N' POP, represented by EI HARDING Gregory (hereinafter referred to as “the Lessor”). In the remainder of the document, the lessee subscribing to the contract will be referred to as the “User”.
2 The User
2.1 The User is the natural person who rents the Equipment. He releases the Lessor from any liability arising from the use of the Equipment, in particular with regard to accidents and damage caused to third parties due to the use of the Equipment.
2.2 The User must be at least 18 years old and have held a valid driving license for more than 2 years. The User must not have had his license suspended or withdrawn in the last two years, nor have had his contract terminated or cancelled by an insurer.
2.3 Upon acceptance of the general rental conditions, the User becomes responsible for all Equipment rented or loaned. The User is personally responsible in the event of damage to or theft of Equipment and must cover its replacement cost, from the time it is made available until its return.
2.4 The User declares that he will not exercise any recourse against the Lessor.
2.5 The User is solely responsible for any damage caused to the rented equipment or as a result of its use.
2.6 The User declares that he has taken out and holds current civil liability insurance that covers the consequences of the use of the Equipment.
2.7 The User declares that he/she is fit to ride a moped and is not aware of any medical contraindications.
2.8 The Lessor shall not be held liable for any bodily or intangible damage due to the User's incapacity.
3 Equipment
3.1 The Equipment is deemed to comply with the regulations in force at the time of rental and to be in good working order, taking into account that it is an old vehicle with performance in line with its era.
3.2 The User has half an hour from the start of the contract to report a malfunction of the Equipment that may be declared attributable to the Lessor. Beyond this period, any malfunction will be considered attributable to the Renter.
3.3 All mopeds are rented with the following accessories: key lock, fluorescent vest, helmet, gloves, rear bag, full tank of petrol. The equipment and accessories are fixed in accordance with safety standards.
3.4 The Equipment remains the exclusive property of the Lessor for the entire duration of the rental. The User may not sublet them to a third party.
3.5 The insurance of the rented moped is taken out with the Assurance Mutuelle des Motards. (Personal effects, luggage and material damage caused to the moped during an accident for which or without a third party are not covered by the insurance and are subject to a deposit.)
4 Responsibilities of the User
4.1 The User is responsible for the proper functioning of the Equipment.
4.2 The User is solely responsible for damage caused to the Equipment or resulting from its use.
4.3 The User is not authorized to transport the Equipment.
4.4 The User is not authorized to refuel the moped; the Lessor must be contacted.
4.5 The User agrees to use the Equipment with care, caution and within the limits of his abilities, to respect the instructions for use and safety, to use the Equipment in normal conditions and to adopt a conduct that respects the mechanics (avoid potholes as much as possible, no wheelies, motocross, burnouts, etc.).
4.5 (a) Mopeds: The maximum permissible total load is 120kg. The maximum authorized speed is 45km/h.
4.5 (b) Luggage Racks: Their use is strictly limited to carrying non-bulky objects not exceeding a weight of 20 kg, including the bag accessory. It may not be used to transport a person under any circumstances.
4.6 It is prohibited to use the Equipment on unpaved roads, private roads and roads not authorized for motor vehicles. Mopeds are classified as motor vehicles and the User must comply with the highway code relating to motor vehicles.
4.7 The User acknowledges having read the requirements of the Highway Code.
4.8 The User must remain in control of his speed at all times; bends and descents must be negotiated with the greatest caution.
4.9 The User undertakes to return the Equipment in its original condition on the dates and times agreed in the contract. The Equipment must be returned clean.
4.10 The User undertakes to do everything possible to avoid any theft or damage to the Equipment. To this end, regardless of the duration of parking of the Equipment, he undertakes to attach it to a fixed point using the anti-theft device provided and/or to use the existing anti-theft device for the Equipment.
4.11 The User undertakes to inform as soon as possible and report in writing any accident, theft or fire, even partial and jointly to the police authorities.
4.12 For safety reasons, when returning the Equipment, the User is required to report to the Lessor any exceptional event that occurs during use: major fall, impact to the helmet, etc.
5 Waiver of liability
5.1 The User is informed upon departure of the autonomy of the mopeds. If the fuel tank is exhausted, the Lessor is not responsible. Under no circumstances should the User refuel, the mopeds use a 2-stroke fuel mixture and must only be done by the Lessor. If necessary, the User will be billed €3 per liter plus €25 + €2/km travel expenses.
5.2 The User expressly releases the Lessor from any liability arising from the use of the Equipment, in particular with regard to accidents and damage caused to third parties due to the use of the Equipment.5.3 The Lessor cannot be held liable for bodily injury or material damage due to the User's incapacity.5.4 If the User contravenes the laws and regulations in force at the time of rental, the Lessor cannot be held liable under any circumstances.
5.5 On the routes requested by the User, the Lessor is in no way liable for any incident that may occur on the route, whatever the origin.
5.6 The lessor reserves the right to delay due to logistics and road traffic while warning the user.
6 Damage caused
6.1 Only the Lessor is able to judge whether a repair is maintenance due to normal wear and tear, a hidden defect and therefore the Lessor's responsibility or whether the repair is due to damage suffered by the Equipment during the rental, and therefore the User's responsibility and to make him bear the corresponding amount. The Lessor reserves the right to either deduct the amounts due from the security deposit or to invoice the Tenant at the displayed rate.
6.2 The Tenant may not claim reimbursement of costs or invoices or damages.
6.3 Any aggressive or disrespectful behavior or refusal to comply with these regulations will result in the rental being refused.
7 Assistance during the rental
7.1 In the event of a technical breakdown of the Equipment during the contract, the User may not undertake repair work on his own initiative. He is required, before any work on the Equipment, to inform the Lessor and to return the Equipment. On request, and in the absence of breakdowns attributable to the User, during the remaining rental period the Equipment will be repaired or replaced by Equipment of the same type, subject to availability.
7.2 Assistance is geographically limited to roads accessible to motor vehicles, it being the User's responsibility, if necessary, to reach an accessible road.
7.3 Assistance is free in the event of a problem inherent to the Equipment. Problems due to improper use of the Equipment will not be free. The exhaustion of the fuel tank is not covered by the free assistance. When the assistance of the Lessor is requested outside the assistance zones or outside the cases of support, the User will bear the cost (25€ + 2€/km beyond).
8 Rental duration
8.1 Any rental, regardless of the duration chosen when subscribing to the contract, is deemed to be concluded for a fixed period. When collecting and returning the Equipment, the User agrees to present himself, during the opening hours set by the Lessor.
8.2 The rented Equipment must be returned at the latest at the end of the rental period.
8.3 At the end of the rental period, in the event of non-return of the Equipment, the delay or non-return will be invoiced in accordance with the provisions contained herein.
8.4 The rental rates, deposits and penalties for late return of the Equipment, as well as the payment terms are displayed. The prices charged are those of the rates in effect on the day of rental, the lessor reserves the right to modify its rates at any time.
9 Hours and location
9.1 The collection and return of Equipment is done from and to the following address: Pedal 'n' Pop, 13 Chemin des Mayeurs, Aÿ-Champagne 51160.
9.2 The return of the Equipment is done before 12:30 p.m. for morning rentals or before 5:00 p.m. for afternoon or day rentals.
9.3 The Equipment must be collected from 9:30 a.m. for morning or day rentals or from 2:00 p.m. for afternoon rentals.
9.4 The times are subject to change depending on the season, please check this information on the website.
10 Extension of the rental
10.1 The User may, if they wish, renew their rental. The renewal gives rise to a new contract. The User is required to pay the new rental periods before they come into effect, otherwise they will have to pay late payment penalties. If the Rental Company so requests, the User must first present the rented Equipment for inspection and maintenance.
11 Late return or theft
11.1 The Equipment must be returned no later than the date and time indicated on the rental contract. Any delay will be subject to late payment penalties of €100 per calendar day, increased by the daily rental price.
11.2 In the event of theft, the User must provide proof to the Rental Company and within a maximum of 24 hours after the theft that a complaint has been filed within 24 hours with a police station or gendarmerie. The User may be provided, upon request, with a certificate of collection if they wish to have the deposit reimbursed by their insurance. If the User does not provide proof of filing a complaint, payment of the corresponding deposit will be due immediately. In the absence of this regulation, the Rental Company reserves the right to initiate any proceedings, including legal proceedings, to obtain payment.
11.3 In the event of the stolen Equipment being returned to the rental company, the User having followed the above procedure will be reimbursed the amount of the deposit collected, less any costs of restoring the Equipment as defined herein.
11.4 In the event of non-compliance with the previous clauses of the rental agreement, or in the event of damage to the rented Equipment, the User must pay the following invoices: - Invoice for the price of the new Equipment, in the event of failure to return the Equipment; - Invoice for an amount equivalent to the corresponding repair invoice, in the event of repair following damage or missing parts; - Invoice for the amount of late payment penalties.
11.5 A receipt will be given to the User upon request, once payment has been received.
12 Payment and Security Deposit
12.1 Payment is due at the time of online booking made on the Lessor's website and booking platform. In the event of rental without prior online booking, payment is due before the start of the rental period.
12.2 The methods of payment accepted at the time of rental are cash or credit card.
12.3 A security deposit by pre-authorization of a bank card is required at the time of rental (collection or delivery) of the Equipment. This must be made with a Visa or Mastercard (credit or debit). The amount of the security deposit is €700 per moped.
12.3 (a) This deposit is not cashed during the rental period. Upon return of the Equipment, the security deposit is cancelled in favor of the User. The User authorizes the Lessor to deduct from the security deposit the amounts due for repairs to damage and theft, the costs of which are set out herein.
12.3 (b) The User must ensure that he has sufficient funds on his card to cover the amount of the pre-authorization. Users must be aware that these funds may be blocked and unavailable during the pre-authorization period.
12.3 (c) If no security deposit is provided, no item will be rented and no refund will be made.
12.4 It is agreed that the amount of the security deposit may not under any circumstances constitute a guarantee limit, the Lessor reserving, where applicable, the right to pursue the User in order to obtain full compensation for his loss.
12.5 The rental rates, deposits and late return penalties for the Equipment, as well as the payment terms are displayed. The prices charged are those of the rates in effect on the day of the rental, the lessor reserving the right to modify its rates at any time. The user is required to pay on the day the rental begins or when booking. If the User wishes to renew his contract, the following rental periods must be paid before they come into effect. Otherwise, the User will be required to pay late payment penalties.
13 Cancellation and refunds
13.1 In all cases, cancellation or modification will result in a 5% fee to cover banking and administrative costs.
13.2 Cancellation or modification is possible up to 72 hours before the start of the rental. Cancellation or modification less than 72 hours before the start of the rental is not possible and is not refundable except in the event of proven adverse weather conditions.
13.3 Cancellation or modification due to proven adverse weather conditions (wind with gusts of more than 80 km/h, rain or snow storm) is possible at the sole discretion of the Lessor.
14 Termination for serious breach
14.1 In accordance with Articles 1224 et seq. of the Civil Code, termination results either from the application of a termination clause or, in the event of sufficiently serious non-performance, from notification by the creditor to the debtor or from a court decision.
14.2 The termination clause specifies the commitments whose non-performance will result in termination of the contract due to the customer's fault: - In the event of non-return of the Equipment at the end of the rental period; - In the event of refusal to pay the contractual costs of repair, replacement of the damaged or lost Material(s); - In the event of unauthorized replacement of an original part (on the frame, equipment.)
14.3 The Lessor reserves the right to terminate the contract by notification specifying the reasons for it. The resolution may, in all cases, be requested in court and terminates the contract.
15 Data confidentiality and freedom of information
15.1 If you place an order with the Lessor, we may temporarily retain certain data about you (such as your name, email address and the products and services you have ordered) linked only to our ability to process your rental with us.
15.2 We keep this information secure and private and your data will never be sold or used by us in any way.
15.3 In accordance with Articles 39 et seq. of Law No. 78-17 of 6 January 1978, amended in 2004, relating to information technology, files and freedoms, we remind you that you have the right to access, modify, rectify and delete data concerning you. To exercise this right, contact the lessor.
15.4 PEDAL ‘N’ POP represented by EI HARDING Gregory, registered in France under SIRET number 84531406100027. Postal address: EI HARDING Gregory 7 RUE DE L'EPARGNE 51150 AY-CHAMPAGNE.
16 Scale of repair costs
Price €
Moped 2500€
Rear mudguard 100€
Saddlebags 50€
Handlebar 40€
Crankcase €50
Handlebar cover 20€
Exhaust pipe 150€
Saddle 30€
Engine 1000€
Seat post 30€
Wiring 40€
Fork 350€
Front wheel 200€
Inner tube 15€
Rear wheel 300€
Gas handle €60
Light 70€
Pedal 35€
Tyre 45€
Chain 30€
Brake lever 60€
Brake 30€
Starter lever 40€
Padlock 30€
Decompression lever 40€
Clutch 100€
Front mudguard 100€
Cleaning 45€