Electric Assisted Bicycle(s)"

Article 1 - Subject of the contract

The rental of a bicycle with its basic equipment by the company TMS, hereinafter referred to as "the lessor" whose registered office is located at 342 allée des manguiers cité Lacour 97120 SAINT CLAUDE GUADELOUPE.

Article 2 - Bicycle equipment

All rented bicycles have basic equipment consisting of the following accessories: Electric assistance system (Motor, Battery and console), Front and rear lights, Anti-theft device, Helmet on request.

Article 3 - Effective date, availability and collection

The rental takes effect when the lessee takes possession of the equipment and accessories delivered to him. The risks will be transferred upon delivery of the equipment and accessories to the lessee, who will assume custody thereof under his sole responsibility, committing to use them in all circumstances "with due diligence". This contract is only valid for the duration of the rental. If the lessee retains the equipment beyond this period without having regularized his situation, he loses the benefit of all guarantees provided for in the contract. The lessee acknowledges having received the leased item in good working order with the basic equipment. He declares having had personally full latitude to check the equipment and choose it according to his needs.

Article 4 - Payment and methods of payment for the service

The entire service is paid by the lessee before the departure of the equipment subject to this contract. Accepted payment methods are cash and credit card. No cancellation or refund less than 24 hours before D-day; any day started will be due.

Article 5 - Use

The lessee certifies that he is able to use the rented equipment which he undertakes to use himself. By express agreement between the parties, the loan or sub-rental of the equipment is strictly prohibited. By express agreement between the parties, the lessee is strictly prohibited from interfering with the equipment in the event of a breakdown. For any other cause, the lessee must notify the lessor without delay by calling 06 90 65 06 77. The lessee undertakes not to ride on the beach and to use the rented item with prudence, without danger to third parties in accordance with the regulations in force. The wearing of a helmet by the lessee is strongly advised by the lessor. When parking the equipment on public roads, it is mandatory for the lessee to attach the anti-theft device. In the event of theft of the equipment, the lessee must notify the lessor without delay, file a complaint with the competent authorities and provide a photocopy of the complaint.

Article 6 - Responsibility for breakage - theft

The lessee does not benefit from any coverage for damage suffered by the rented item and personally assumes responsibility for said damage, breakage and theft. However, the lessee cannot be held responsible for the damaging consequences of hidden defects in the rented equipment or of non-apparent wear and tear unfit for the use for which it is intended, provided that proof of said defects or wear and tear can be provided by the lessee. In the event of breakage, the lessee undertakes to return the damaged equipment and it must be recognizable and complete. The damages suffered by the equipment will be invoiced to the lessee in their entirety. If the amount of the damages is greater than the amount of the deposit, the lessor may demand the balance. Theft and loss of equipment are not covered. In these cases, the equipment will be invoiced to the lessee based on its value, less a depreciation percentage of 20% per year. In the event of theft by the lessee, misappropriation or any damage resulting from non-compliance with the rules of use or the regulations in force, or the terms and conditions of this contract, the lessor is authorized to take action for the full amount of the damage.

Article 7 - Deposit

When the equipment is made available by the lessor, the lessee is asked to pay a deposit (credit card or cash) whose value is mentioned on the front of these general rental conditions. This deposit is not cashed during the rental period. Upon return of the equipment, the deposit is returned to the lessee, after deduction of any damages provided for in Article 6.

Article 8 - Return

The rented equipment will be returned at the time stipulated in the contract. For safety reasons, the lessee undertakes to report to the lessor any impacts suffered by the helmets.

Article 9 - Eviction of the lessor

Accessories delivered with the equipment must not be removed or modified by the lessee. The equipment cannot be transferred or pledged. The lessee generally undertakes not to grant any right, real or otherwise, in favor of anyone, liable to affect its enjoyment or limit its availability or the full ownership of the lessor, with regard to the rented item.

Article 10 - Jurisdictions

In the event of any dispute relating to this contract, the competent Court will be that of the registered office of the lessor's company to which the parties attribute exclusive jurisdiction.

Article 11 - Data Confidentiality

As part of the rental of our vehicles, we are required to collect and process personal data relating to our customers. We undertake to comply with the provisions of the General Data Protection Regulation (GDPR) and to protect the personal data of our customers. Under our privacy policy, we do not sell, rent or communicate our customers' personal data to third parties for commercial purposes, unless required by law or with the explicit consent of our customers. By signing this rental agreement, you agree that we may use your personal data for the sole purposes of renting our vehicles, including billing, booking, managing rental requests and communications relating to the rental of our vehicles. We undertake to take all necessary measures to protect your personal data against any unauthorized use or disclosure. If you have any questions or concerns regarding the collection and processing of your personal data, please do not hesitate to contact us.

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