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 bicycles, electrically assisted bicycles, 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”).

2 Hirer and User

2.1 The “Hirer” is the natural person who rents the Equipment as an individual or the natural person who, as the person responsible for a group, rents Equipment for this group. The Hirer must be over 18 years old. 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” is any natural person who uses Equipment included in the rental.

2.3 Upon acceptance of the general rental conditions, the Hirer becomes responsible for all Equipment and all Users. The Hirer is personally liable in the event of damage or theft of Equipment and must cover the cost of replacing it, from the time it is made available until its return.

2.4 The Hirer declares that it will not exercise any recourse against the Lessor.

2.5 The User and the Hirer declare that they have taken out and hold current civil liability insurance that covers the consequences of the use of the Equipment.

2.6 The User of electrically assisted bicycles (hereinafter referred to as “E-bike”) must be at least 12 years old.

2.7 The User declares that they are fit to ride a bicycle and are not aware of any medical contraindications.

2.8 Any minor must be accompanied by a responsible adult. For minors, the Hirer agrees under these conditions to assume all liability for any damage caused directly or indirectly by the minor as a result of the rental.

2.9 The Lessor cannot be held liable for 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 their rental and in good working order.

3.2 The Hirer has half an hour from the start of the contract to report a malfunction of the Equipment that may be declared attributable to the Hirer. Beyond this period, any malfunction will be considered attributable to the Hirer.

3.3 All bicycles are rented with the following accessories: key lock, fluorescent vest, puncture repair kit (if the Hirer requests it), rear bag (if the Hirer requests it), helmet.

3.4 The equipment and accessories are fixed in accordance with safety standards.

3.5 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.

4 Responsibilities of the User

4.1 The User is responsible for the proper functioning of the Equipment, their size and their adjustment.

4.2 The User is solely responsible for any damage caused to the Equipment or resulting from its use.

4.3 The User undertakes to use the Equipment with caution and within the limits of his abilities, to respect the instructions for use and safety, to use the Equipment under normal conditions:
a) Luggage racks: Their use is strictly limited to carrying non-bulky objects not exceeding a weight of 22 kg, including the bag accessory. It may not be used to transport a person under any circumstances.
b) E-bikes: Their maximum total permissible load is 110 kg.
c) Baby seat: Its use is limited to children aged 9 months to 5 years whose weight is between 8 and 24 kg. The baby must be properly strapped in using the belts provided for this purpose. Children must be able to hold their head up by themselves while wearing a helmet.
d) Child trailer: The maximum total weight (trailer + children + load) authorized is 40 kg or 18 kg per child. The trailer is designed to transport one or two children behind a bicycle. Its use is limited to children aged 9 months to 5 years whose weight is between 8 and 18 kg. The baby must be properly strapped in using the belts provided for this purpose. Children must be able to hold their head up by themselves while wearing a helmet.
e) Helmets: The User is strongly recommended to wear a helmet by the Lessor; the User acknowledges that the Lessor has offered them a helmet on loan. Wearing a helmet is mandatory for children under 12 years of age.

4.4 The User is prohibited from using the Equipment on unpaved or private roads.

4.5 The User must remain in control of his speed at any time; turns and descents must be negotiated with the utmost caution

4.6 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.

4.7 The User acknowledges having read the requirements of the Highway Code.

4.8 ​​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.

4.9 For safety reasons, upon returning the Equipment, the Hirer 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 of the battery life upon departure. If the battery is exhausted, the Lessor is not responsible.

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 or immaterial 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 its origin.

6 Damage caused

6.1 Only the Lessor is able to judge whether a repair is due to 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 Hirer's responsibility and to make him bear the corresponding amount. The Lessor reserves the right either to deduct the amounts due from the security deposit or to invoice the Hirer at the displayed rate.

6.2 The Hirer 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 rental

7.1 In the event of a technical breakdown of the Equipment during the contract, the User may not undertake any repair work on his own initiative except for repairs following a puncture. He is required, before any work on the Equipment, to inform the rental company 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. Battery exhaustion is not covered by free assistance. When the Lessor's assistance 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 themselves during the opening hours set by the Lessor.

8.2 The rented Equipment must be returned no later than 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 Schedules 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 12:00 p.m. for morning rentals or before 5:00 p.m. for afternoon or day rentals.

9.3 The collection of the Equipment is done from 9:00 a.m. for morning or day rentals or from 2:00 p.m. for afternoon rentals.

9.4 The schedules 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 he wishes, renew his rental. The renewal gives rise to a new contract. The User is required to pay for new rental periods before they come into effect, failing which late payment penalties will be payable. If the Lessor 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 agreement. Any delay will be subject to late payment penalties of €50 per calendar day, plus 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 procedure, including legal proceedings, to obtain payment.

11.3 In the event of return of the stolen Equipment to the rental company, the User who has followed the above procedure will be reimbursed the amount of the deposit received, less any costs of restoring the Equipment as defined herein.

11.4 In the event of non-compliance with the preceding 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 website and the booking platform of the Rental Company. 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 bank card.

12.3 A security deposit by bank card pre-authorization 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 varies depending on the Equipment rented, €400 per E-bike, €100 per child's bike or trailer, up to a limit of €2,000.

12.4 This deposit is not cashed during the rental period. When the Equipment is returned, the security deposit is cancelled in favour of the Hirer. The Hirer authorises the Lessor to deduct from the security deposit the sums due for repairs to damage and theft, the costs of which are set out herein.

12.5 The Hirer must ensure that he has sufficient funds on his card to cover the amount of the pre-authorisation. The Hirer should be aware that these funds may be blocked and unavailable during the pre-authorization period.

12.6 If no security deposit is provided, no item will be rented and no refund will be made.

12.7 It is agreed that the amount of the security deposit cannot under any circumstances constitute a guarantee limit, the Lessor reserving, if necessary, the right to pursue the User in order to obtain full compensation for his loss.

13 Cancellation and refunds

13.1 In all cases, cancellation or modification will incur a 5% fee to cover banking and administrative costs.

13.2 For reservations of up to 8 bicycles and other services, cancellation or modification is possible up to 48 hours before the start of the rental. Cancellation or modification less than 48 hours before the start of the rental is not possible and not refundable except in the event of proven adverse weather conditions.

13.3 For reservations of more than 8 bikes 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 not refundable except in the event of proven adverse weather conditions.

13.4 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 Delivery service

14.1 Home or on-site delivery possible for a minimum reservation of 2 bicycles.

14.2 Delivery and collection times must be respected, the Lessor reserves the right to cancel in the event of non-compliance with these times. The Hirer must notify the Lessor of any delay.

14.3 The Lessor reserves the right to change the exact delivery and collection point. For this purpose, the Lessor reserves the right to use the telephone number provided if necessary.

14.4 The exact time of delivery or collection cannot be guaranteed due to logistical or traffic problems; the Lessor will inform the user of any such delay as far as possible.

14.5 No claim may be made against the Lessor in the event of a delay or change of time or location.

14.6 The on-site delivery rates are based on the zones documented on the booking platform, as follows:
a) €10 per bike for delivery and collection in zone 1;
b) €15 per bike for delivery and collection in zone 2.

15 Other services

15.1 In the event that The Lessor offers other services such as transfers and luggage storage. The Lessor declares. Although the Lessor undertakes to exercise all reasonable care in providing these services, the Lessor assumes no liability for any loss or damage caused to any property left in our care. The Lessor assumes no liability for any loss or damage caused to any property left in our care.

15.2 The Hirer assumes all liability and indemnifies the Lessor for any fault.

15.3 The Hirer declares that it will not exercise any recourse against the Lessor.

16 Termination for serious breach

16.1 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.

16.2 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 Equipment(s); - In the event of unauthorized replacement of an original part (on the frame, equipment or battery).

16.3 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.

17 Data confidentiality and freedom of information

17.1 If you place an order with the Lessor, we may temporarily retain certain data concerning you (such as your name, your email address and the products and services you have ordered) linked only to our ability to process your rental with us.

17.2 We keep this information secure and private and your data will never be sold or used by us in any way whatsoever.

17.3 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 a right to access, modify, rectify and delete data concerning you. To exercise this right, contact the lessor.

17.4 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.

18 Scale of repair costs

Price

E-Bike 2000€
Bike 500€
Battery 500€
Handlebar 40€
Charger 50€
Grip 20€
LCD Controller 90€
Saddle 30€
Motor 1000€
Seatpost 30€
Electric cable 40€
Stem 45€
Front wheel 150€
Inner tube 10€
Rear wheel 300€
Basket 50€
Light 50€
Pedal 25€
Tire 35€
Chain 20€
Brake lever 60€
Brake disc 30€
Gear lever 40€
Lock 30€
Fork 350€
Child seat 60€
Saddlebags 50€
Cleaning costs 35€
Front mudguard 40 €
Rear mudguard 40 €