Terms & Conditions.
General Conditions Of Sale / Rental Contract
VELOVITE SAS is committed to the highest levels of customer service. If you have any questions, comments or complaints contact sam@velovite.fr or call 0033682829026
Definition of the contract
These conditions outline the ways of booking and equipment and services available through the booking platform. VELOVITE SAS is dedicated to protecting the environment and provides digital records wherever possible.
All reservations and rentals are subject to compliance with these terms and conditions (the “CGV”). Making a reservation on the website through the booking system implies full and entire acceptance of these CGV. By accepting the booking the HIRER expresses the consent to the application of these general conditions of sale.
These CGV are subject to change by the Company at any time without notice, and an up to date version of these conditions can be found on the website at: www.velovite.fr/fr/cgv
Any reference to “HIRER” in the singular can be applied to more than one person if the booking is for more than one item. VELOVITE SAS, its employees, agents and its Location Partners are covered in their entirety by these conditions of sale. “Hirer” or “customer” are terms that are interchangeable throughout this contract and refer to the both the person making the booking and any other users of the equipment for the duration of the rental.
Parties and general conditions
VELOVITE SAS is a platform that rents electric bicycles and other equipment to customers.
VELOVITE SAS undertakes to maintain the electric bicycles in accordance with best practice and to a level of safety as required by law. We carry out regular checks of the equipment to ensure that they are fit for rental and provide helmets free of charge to be worn for the duration of the rental. It is the HIRER’s responsibility to carry out a short test ride of the bike before the rental period begins to highlight any issues relating to tires, brakes or comfort.
These bicycles are not suitable for children or adults under the age of 16 and no responsibility is taken in the event that children or adults under the age of 16 ride on the equipment.
Following the start of the rental period until its conclusion, the equipment is the responsibility of the HIRER. It is their responsibility to ride the electric bicycle in a safe way, in accordance with the law, and ensure that it is adequately maintained during the rental period to be safe to ride.
VELOVITE SAS is registered with
the Greffe du tribunal de Commerce du Bayonne
6 Avenue De Migron
Biarritz
64200
SIRET: 89849410900017
Capitaux 5000 Euros
President: Samuel Gore
Contact:
Materials and services
VELOVITE SAS takes care to accurately describe the materials available for rental and the services that will be undertaken following the signing and acceptance of the contract by the customer / hirer. All materials and EQUIPMENT should be exactly as described on the website www.VELOVITE.fr. We reserve the right to make slight modifications to the fleet of electric bikes in order to provide a higher level of customer satisfaction and safety. For that reason, the electric bikes may not be identical to the images and descriptions on the website. If the information or images contained on the website www.VELOVITE.fr are found to be incorrect or misleading, then neither VELOVITE SAS nor its Location Partners can be held liable.
VELOVITE SAS is committed to providing all electric bikes and accessories in excellent working order, and we maintain a strict protocol of maintenance in order to support this. In the event that we are unable to fulfil your precise booking request then we will make every effort to reach a satisfactory alternative, and in the event this is not possible offer you a full refund.
The availability of materials for a customer’s booking relies on the timely return of the materials by the previous customer.
Last minute unavailability can also be caused by damage such as punctures and other mechanical faults which make the rental of the equipment unsafe. In this case we will do our best to fulfil your booking, but in some cases it may be necessary to postpone or cancel the reservation.
Rental Pricing:
The prices for renting our materials and services is contained on the item description on the website and will be clearly shown when you process your booking. It is inclusive of any taxes, and any additional fees will be clearly stated.
These prices are subject to change at any time by VELOVITE SAS prior to the booking being processed. Once a booking and payment has been made by the customer, this price is fixed.
All prices on the website are indicated in Euros.
Renting with us:
Duration of booking
You select the duration of your booking when you make your reservation and it may not be possible to extend the duration of your reservation once the booking has been made. For reductions of the duration or cancellations before or during your booking please refer to our refunds and cancellation policy below.
Hirer to make their reservation on www.velovite.fr
Choose the type of booking
Confirm the duration of the booking
Request the relevant accessories
Complete the booking form and accept the CGV
Make payment for the rental
In the case that the payment does not complete or is refused, then the booking is not confirmed and the booking slot will be made available to other customers
The customer will receive a booking confirmation with the details of their booking and a waiver form to be filled in before their rental takes place
In the event that the HIRER is not going to be available at the time of the booking it is imperative that the customer notifies sam@velovite.fr in a reasonable time period prior to the scheduled delivery time. In the event that it is not possible to arrange the delivery at the confirmed time, then the customer will still be charged for this period of the rental.
VELOVITE SAS or their agents will deliver the EQUIPMENT to the HIRER on the day of the booking
HIRER will be signed in and verified using the booking reference
Signed-in by our member of staff using their booking reference
Ensure that they have completed the waiver
Provide proof of identification
HIRER will pay the balance of the booking amount and the damage deposit**
Responsibilities relating to insurance will be explained
HIRER to take a short test ride to check the bike
The rental period commences
** Our electric bikes are insured by TULIP SAS and there terms and conditions as per the details below, apply. Following the payment of the damage / theft deposit, this is the maximum liability to the HIRER as long as the conditions of the insurance agreement are met.
Payment for the booking:
Payments for the hire contract are taken through our online platform www.velovite.fr using our payment partners Stripe or via a mobile payment device.
Pre-authorised Equipment Deposit Payment:
By signing the rental contract, the customer / hirer agrees to return the equipment in the same condition that it was rented to them. There should be no noticeable defects to the equipment’s appearance or any operational issues. The equipment should be returned in a clean state, ready for the next booking and in a state that you would expect it to be at the start of your booking.
Any defects should be highlighted before the commencement of the booking and documented with a photo prior to the rental period starting.
VELOVITE SAS rents electric bikes from brands that are in high demand. It is imperative that they are not left unlocked and unattended at any stage of the rental duration.
At the expiration of the rental period in the event of non-return the customer remains responsible for the equipment in his possession. Its return is compulsory at the end of the rental period under the penalties provided for by article 314-1 of the New Criminal Code, without there being any need to send a formal notice by registered letter with acknowledgment of receipt and without the customer being able to invoke any impediment.
VELOVITE SAS is entitled to exercise a remedy for the entire loss in the event of theft by the customer, diversion or any damage to the equipment resulting from non-compliance with the rules of use or the regulations within this contract. A notification will be sent by VELOVITE SAS and the guarantees listed above will be applied without reservation.
Details of the Agreement with TULIP SAS:
To view a brief summary of the conditions of the insurance and the obligations of the parties, click below:
Breakage & Theft guarantees
Definitions:
Accident: Any sudden, unforeseeable event resulting from a cause external to the Insured Good, caused or not by the user, and suffered by the Insured Good.
Approved anti-theft: Anti-theft provided by VELOVITE SAS.
Guaranteed good: The rented bicycle, the references of which appear on the Rental Agreement. Breakage: the risk of Material Damage altering the Insured Good. Breakage can be partial (when the Insured Good is repairable) or total (when the Insured Good is irreparable).
Client: Anyone renting a bicycle from VELOVITE SAS.
Accidental material damage: Any destruction, total or partial deterioration, externally visible, interfering with the use - in accordance with the manufacturer's standards - of the Insured Good and caused by an Accident.
Guarantee: The guarantees relating to the Contract, namely Breakage and Theft.
Negligence: Lack of precaution or prudence, intentional or not, which is at the origin of the Claim or facilitated its occurrence.
Natural disaster phenomenon: The phenomenon caused by the abnormal intensity of a natural agent (such as in particular: flood, landslide, mudslide, drought, earthquake ...). The phenomenon of natural disaster must first be noted by an interministerial decree to give rise to the right to compensation, within the meaning of the Contract.
Fixed attachment point: Fixed part, immobile and frozen, in stone, metal or wood, integral with a solid wall or the ground, and from which the Insured Good cannot become detached even by lifting or tearing.
Claim: Event likely to trigger the Guarantee.
Third party: Any natural person other than the Client, their spouse or partner, their PACS partner, their ascendants or descendants.
Wear: Progressive deterioration of the Guaranteed Good due to the use in accordance with the manufacturer's instructions for use or maintenance, which is made of it.
Value of the good: The purchase value excluding VAT, of the guaranteed good
Theft: Fraudulent dispossession by a third party of the good guaranteed either by aggression or by break-in.
Theft by aggression: Theft by means of threats or violence exerted by a Third Party; Burglary: Theft by forcible or destruction:
- any device for closing a building room built in solid, closed and covered, a house, a vehicle,
- or, outdoors, an approved anti-theft device connecting the insured item to a fixed attachment point.
1. Purpose and limits of the Guarantee
Claims occurring to the Insured Goods are covered subject to the exclusions and limits of the Guarantee as well as compliance with the reporting deadlines and formalities provided for in this Contract.
1.1 The purpose of the Guarantee
In the event of Breakage, the Insured Good will be repaired or, if it is irreparable (the cost of the repair is greater than the Value of the Good), the Good will be reimbursed within the limits defined in article 1.2 and the conditions defined in article 4 of this Agreement.
In the event of Theft, the Insured Good will be reimbursed within the limits defined in Article 1.2 and the conditions defined in Article 4 of this Contract.
1.2 Limits of the Guarantee
During the term of the rental contract, the following is covered:
In the event of breakage: 1 (one) single claim per Insured good within the limit of the repair invoice excluding VAT (which cannot exceed the value of the good) minus a deductible of 10% and a minimum of € 10 .
In the event of theft: 1 (one) single Claim per Insured Asset up to the limit of the Value of the Asset less a 10% excess.
2. Exclusions
2.1 Common exclusions
The following are excluded in all cases:
- Claims related to professional uses of transporting people or goods;
- the intentional or deceptive act of any person other than a Third Party;
- Damage and theft occurring in the absence of a hazard;
- Damage or indirect losses suffered by the Customer during or following a Claim;
- Claims arising from Negligence;
- The Client's civil liability;
- The original non-fixed accessories (meter, lighting system, bicycle pump, water container and saddlebags);
- Acts of war or civil war, riots, internal disturbances, acts of violence for political reasons, terrorist attacks or acts, strikes, expropriations or interventions comparable to expropriation, seizures, natural disasters or nuclear energy.
2.2 Theft specific exclusions
Excluded from the Theft Guarantee:
- Theft other than theft by assault or break-in;
- Theft by breaking and entering on the public highway of the Property not attached by an Anti-Theft device to a fixed Attachment point;
- Theft of electric bicycle batteries not fitted with an anti-theft system integrated into the frame of the bicycle and fitted as standard by the manufacturer.
2.3 Exclusions specific to the Scrapping
The following are excluded from the Breakage Guarantee:
- Any Damage resulting from a modification or transformation of the Property;
- Any damage related to wear;
- Any damage resulting from a fire, a phenomenon of natural disaster, the fall of lightning, or frost;
- Any damage related to the failure of the battery of electric bikes;
- Any damage resulting from the prolonged effect of use (oxidation, corrosion, rust encrustation, fouling, scaling);
- Damage occurring during events, races, competitions;
- Any Damage falling under one of the legal guarantees incumbent on the manufacturer or the distributor;
- Any damage resulting from non-compliance with the use and maintenance instructions contained in the manufacturer's manual;
- Cosmetic damage, discoloration, pitting, stains, scratches, chipping, chipping, denting, swelling or graffiti;
- Quotation or repair costs incurred by the Customer without the agreement of VELOVITE SAS.
3. Declaration of the Claim and supporting documents
3.1 How to report a claim
As soon as he becomes aware of a Claim, the Customer must declare it at the latest:
- For the Breakage Guarantee, within 5 working days (except fortuitous event or force majeure);
- For the Theft Guarantee, within 2 working days. The claim is made to VELOVITE SAS
3.2 Which supporting documents to provide?
The Customer must provide VELOVITE SAS:
In all cases :
- a declaration of honor setting out the exact and detailed circumstances of the Claim (in particular the date, time and place of the Claim);
In case of theft :
- a copy of the police report on which must be mentioned the circumstances of the Theft as well as the references of the Property (model / make);
The Client must:
In the event of theft on public roads:
- Provide the keys to the lock provided by VELOVITE SAS.
In addition, the Customer must provide VELOVITE SAS with any document that its Tulip insurance company considers necessary to assess the merits of its claim for compensation;
4. Compensation modalities
The claim will be covered if all the supporting documents in article 3.2 have been received and validated by VELOVITE SAS. Otherwise, VELOVITE SAS reserves the right not to cover the Customer's claim and to withdraw it from the amount due.
5. Miscellaneous provisions
Territoriality: The Guarantee is granted to the Customer for Claims occurring in mainland France.
False declaration: Any false declaration made by the Customer on the occasion of a Claim exposes him, if his bad faith is proven, to the nullity of his contract and therefore to the loss of his right to the Guarantee.
The below is a guide to the likely costs that will be incurred for various repairs, but it will be the full cost of any repairs which will be due by the customer, and any amount withstanding will be refunded to the customer following the completion of the repairs. VELOVITE SAS will provide proof of costs and invoices to support any repairs required.
Irreparable Damage / total loss- €1200
Big repair (replacement of tires, brake system, handlebars, seat damage) - €150-400
Small repair (scratch, repairable puncture) - €50-100
Refunds / Cancellation of bookings:
You may cancel your booking at any time up to 48 hours before the start of your reservation for no charge. It is not possible to cancel your booking after this time, and full payment will be owed to VELOVITE SAS in the event that you do not check-in at the reserved time and complete the collection of your equipment.
Your booking will be reserved for you throughout the duration of your booking, and reasonable efforts will be made to effect a redelivery of your equipment subject to the fees and penalties described above, but there will be no refunds in the event that you collect your equipment late.
In the event that there is an issue with the equipment and it is the fault of VELOVITE SAS, then alternative arrangements will be made to enable you to complete the duration of your hire, and if this is not possible then a pro-rata refund will be made to the maximum value of the hire fee.
Waiver / Discharge of responsibility from VELOVITE SAS and its Partners to the hirer
This document sets out the responsibilities of the HIRER with respect to adhering to safe participation in the use of the EQUIPMENT, the acceptance that this ACTIVITY is undertaken at the risk of the HIRER and the process and in the case the EQUIPMENT is stolen or damaged.
VELOVITE SAS is the owner of the EQUIPMENT and carries out regular checks and maintenance of the equipment. The equipment is rented to the HIRER in good faith and the following checks are carried out in advance of the booking: Tire check & Brake test
The HIRER is expected to carry out a short test of the EQUIPMENT prior to the rental to ensure they are happy it is fully functional. By signing this contract, the HIRER is waiving and discharging any responsibility relating to any accidents, injuries or death to or by the hirer in respect of VELOVITE SAS or its partners for the duration of the reservation period.
The HIRER declares they are insured for civil liability and understand the risks associated with the operation of the equipment. The HIRER declares they are competent and able to operate the equipment in a safe way and will take the responsibility to not damage, hurt, injure or cause death to any person or property for the duration of the hire. The hirer undertakes to comply with the rules described on the government website: http://www.securite-routiere.gouv.fr
The HIRER specifically agrees that they will follow the circulation and direction of the traffic and roads, they will not take any risks on the bikes, they will stop for pedestrians, they will not attempt to enter into narrow passages or between vehicles, they will stop at red lights and generally act in every way in accordance with the law and in a manner that would be reasonably considered safe, respectful and responsible. The HIRER will not use the EQUIPMENT on sand or rocky pathways and will limit direct exposure to saltwater.
Any comment or reservation about the state of the rented equipment must be indicated prior to the hirer taking possession of the equipment and documented with VELOVITE SAS or the Location Partner. No complaint relating to the equipment can be accepted after this point.
In the event of any delay in returning the equipment at the scheduled date and time, the customer shall remain solely responsible for the equipment in his possession until its effective return.
The rented equipment is returned at the end of the day for the period agreed for the booking. Any delay in return after this time will result in an additional day of rental per day of delay, at the rate displayed on the site. After this period, it may be necessary to collect the pre-authorised deposit.
Failure to return may give rise to the establishment of a return procedure, the costs of which will be borne by the customer, in addition to the non-returned material invoiced at its market value including tax on the scheduled date of return, costs rental, and any damages.
In order to use the equipment in built up areas at times of low visibility (for instance low light or fog) all riders must wear a certified retro-reflective vest. This equipment is not provided by VELOVITE SAS and the hirer must obtain this equipment at their own cost and means if they wish to ride and use the equipment under these conditions. VELOVITE SAS and its Location Partners disclaim all responsibility in this regard.
Acceptance of this contract includes the agreement that the hirer will wear this helmet, or another adequate form of head protection at any time the equipment is in use. Since March 2017 the use of a helmet has been mandatory for any children under 12 even if they are passengers. We do not allow the riding of children or adults under the age of 16 on our equipment, and we do not provide helmets for any other user of the equipment. Adults or persons carrying children or accompanied persons face a fine from the authorities, and VELOVITE SAS takes no responsibility for any fines incurred and strongly advises the wearing of helmets at all times during the operation of the equipment.
To increase the safety of the HIRER we provide a certified helmet free of charge. Acceptance of this contract includes the agreement that the rider will wear this helmet, or another adequate form of head protection at any time the equipment is in use. VELOVITE SAS and our partners take no responsibility for any fines incurred and advises the wearing of helmets at all times during the operation of the EQUIPMENT.
If the hirer does not wear a helmet during operation of the EQUIPMENT they do so entirely at their own risk and all damages, claims, penalties and fines relating to this action are completely discharged from VELOVITE SAS & our partners.
The customer remains responsible for any damage suffered by the rented equipment, with the exception of normal wear or hidden defects. They are responsible for any other damages, which will therefore give rise to the payment of the costs of repairing or even replacing said equipment, within the maximum limit of the replacement value in new condition at the public price thereof, in addition to the rental price. The customer agrees to pay these costs upon return of the rented equipment.
In the event of an accident with a third party, the hirer undertakes to note the contact details of the third party and to complete an amicable report.
The hirer agrees that no children or adults under the age of 16 will use the equipment and that there will never be more than one person riding the equipment. The hirer agrees that they will not use the equipment on the beach and will avoid contact with salt water and sand.
The EQUIPMENT is insured by TULIP SAS on behalf of VELOVITE SAS, and a summary of the conditions relating to this insurance is provided above.
By agreeing to this waiver, the HIRER confirms they have read this form and releases the PARTIES (VELOVITE SAS, its partners and their employees) from all responsibility for actions related to the ACTIVITY and EQUIPEMENT for the duration of the hire and undertakes not to make any claim to prosecute the PARTIES in the event of any injury, damage, accident or death to themselves, family, friends and third parties.
Treatment and use of data
The hirer understands agrees and accepts that there are tracking devices placed within some or all of the equipment. These devices can be used for the recovery of the equipment in the case of theft or late return, and to provided anonymised reporting on the use of the equipment for the duration of the hire to provide improved service levels in the future.
VELOVITE SAS collects the following categories of data:
Identification data – name, address, address for duration of hire, phone number, email address
Marketing / website data – social media accounts (optional)
Tracking data – reporting from the tracking devices within the equipment
VELOVITE SAS and our Partners will never share this data with any third parties without your express consent. The data is used for the efficient management of your order and to ensure you get the best service possible.
VELOVITE SAS and our Partners may use your data to contact you with relevant information and offers that are relevant to you based on your booking activity, but only when there is a legitimate belief that the communication is of value and interest to you.
Finally, parts or all of your data may also be used to guarantee security and prevent possible fraud or in the context of mergers, asset sales or transfers of all or part of its activity, by transferring your personal data the third party or parties involved in the transaction as part of the transaction.
Your data will be kept for the time necessary to achieve the required purposes and for a maximum period of three years from the end of the contractual relationship concerning direct prospecting.
VELOVITE SAS may also use your data in order to comply with its legal obligations (including anti-fraud laws, money laundering laws and provisions relating to late or no payment by the subscriber) and / or to respond to requests from public and government authorities.
You may contact us by mail at 6 Avenue De Migron, Biarritz, 64200, France or by email at sam@velovite.fr to request notification of the data that we are holding relating to you, and to request that it is destroyed or removed from our records. This will only not be possible in the case that we are legally obliged to maintain a record of your data. The data protection officer of VELOVITE SAS is Sam Gore and you can contact him directly for any matters relating to the handling of your data.
In the event that you do not receive satisfactory answers or responses to your queries relating to data, then you may contact National Commission for Data Protection (CNIL) to request compliance and advice in the case of of personal data.
We keep your data secure as it is held within one single part of our platform with limited access. Your data is only processed electronically and we ensure protection of data through the careful management of our systems and processes. Your data may be shared in part with subcontractors and partners in order to process your booking, but your payment details and personal information will be separated at all times.