Terms of use

Rental Agreement - General Terms and Conditions of Use

PART A

1 Purpose of this contract

This contract governs the rental of e-bikes with Movelo under the following conditions:

(a) The user uses Movelo exclusively via the Movelo mobile application. For this, the user needs an active user account.

(b) Use: for business and private purposes.

(d) Payment/Fees: [Yes/No]

PART B

1 Registration

(a) The user must be at least 16 years old at the beginning of registration.

(b) Registration can be done via the registration form in the application or via an email invitation.

(i) Once the relevant personal data has been submitted, COMPTOIR AUTOMOBILE ROCHELAIS will decide whether or not to accept the request to open a user account.

(ii) COMPTOIR AUTOMOBILE ROCHELAIS may reject requests without giving reasons.

(iii) If the request is not accepted, the user is not entitled to information about the reasons.

(iv) The acceptance of the application will be communicated to the user by e-mail. The user is invited to create his personal access data. After successfully entering the access data, the user created a user account.

(d) Invitation to register by e-mail

(i) COMPTOIR AUTOMOBILE ROCHELAIS decides whether or not to send an invitation to the user by e-mail.

(ii) The user is not entitled to an invitation.

(iii) The user is invited to create his personal access data. After successfully entering the access data, the user created a user account.

(e) Registration is free of charge.

2 User account

(a) The user is responsible for creating his/her access data (username, password). The user ensures that his personal data is protected against unauthorized access by third parties.

(b) The user may change his password at any time and as often as he wishes. If abuse is suspected, the user is obliged to inform Movelo immediately.

(c) If, during the commercial relationship between the user and Movelo, changes occur in the user's personal data, the user undertakes to correct his data via the application or to inform Movelo and COMPTOIR AUTOMOBILE ROCHELAIS by e-mail.

(d) COMPTOIR AUTOMOBILE ROCHELAIS has the right to deactivate the user account.

(i) In case of deactivation, the user's right to use "Movelo" expires.

(ii) The user will receive a notification regarding the deactivation of his user account, accompanied by an explanation of the reason for such deactivation.

(e) The user has the right to delete his user account.

(i) The user submits the deletion request to COMPTOIR AUTOMOBILE ROCHELAIS and sends an e-mail with his first and last name, his e-mail address and the reason for the request.

(ii) Upon acceptance of the deletion request, all user data will be anonymized and deleted.

(iii) Recovery of the user account is not possible.

(iv) The user is informed of the successful deletion of his user account.

PART C

1 Beginning and duration of the lease

(a) The user has the right to use e-bikes via the app via his/her personal and active user account.

(b) The user has no legal right to sublet an electric bike.

(d) The user may cancel a reservation in accordance with the cancellation period and without giving reasons.

(e) The rental period is limited. The rental period is determined according to the beginning of the rental and the chosen rate.

(f) The user is obliged to return the electric bike without fault at the agreed place and at the latest at the agreed return time.

(g) If the user continues to use the e-bike after the end of the agreed rental period, the rental agreement will not be considered renewed.

(h) COMPTOIR AUTOMOBILE ROCHELAIS reserves the right to impose a fine covering at least its costs in case of exceeding the rental period.

2 Terms of use

(a) Subletting or use by third parties is prohibited.

(b) The user undertakes to handle the electric bike with care and to have a suitable use of it.

(c) The user agrees to charge the e-bike only at Movelo charging stations or with the manufacturer's original charging device.

(d) The user undertakes to comply with all regulations, traffic rules and technical rules applicable to use.

(e) Information on the use of e-bikes can be viewed via the mobile application (Movelo) available for smartphones.

(f) The user may only use electric bicycles that are free of defects.

(g) The electric bike must always be locked properly and safely.

(h) E-bikes may not be used:

(i) For the carriage of passengers (other than the user);

(ii) By persons under the influence of alcohol or drugs;

(iii) In case of strong winds and/or gusts;

(iv) To drive without hands on the handlebars;

(v) If the electric bike is not in good condition for use on the road.

(i) The following are prohibited:

(i) Exceeding the total permissible weight of the electric bike. This means that the weight of (A) the electric bike, (B) the cyclist and (C) the items transported together must remain less than the total permissible weight of the electric bike;

(ii) Assembly of parts on the electric bike;

(iii) Changes to the e-bike.

(j) Once the user has received confirmation of the return, he can no longer use the electric bike. This also applies if COMPTOIR AUTOMOBILE ROCHELAIS has terminated the distance rental contract.

3 Liability

3.1 Professional use

(a) This Section 3.1 applies to the extent that the User uses the e-bike for business purposes. Professional use exists when:

(i) There is a valid employment relationship between the user and the employer.

(ii) The user uses the electric bike for business travel during working hours;

(iii) The user uses the electric bike to get to work.

(b) Fines resulting from improper and reprehensible use (criminally and administratively) of the e-bike shall be borne by the user.

(i) The costs of bodily injury to the user shall be borne by the (employer).

(ii) The costs of damage to the electric bike will be borne by the (employer).

(iii) The costs of theft of the electric bike will be borne by the (employer).

(iv) The costs of damage caused to third parties shall be borne by the (employer).

(d) Claims for damages against third parties shall be assigned to the (employer).

(e) In the event of damage resulting from the user's intent or deliberate recklessness, COMPTOIR AUTOMOBILE ROCHELAIS may sue the user for damages.

3.2 Private use

(a) This clause 3.2 applies to the extent that the user uses the electric bike for private journeys.

(f) Fines resulting from improper and reprehensible use (criminally and administratively) of the electric bike shall be borne by the user.

(b) Liability during the rental period:

(i) The costs related to the user's bodily injury shall be borne by the user.

(ii) The costs related to the damage caused to the electric bike are the responsibility of the user within the limit of 150 EUROS net.

(iii) The user is liable for 150 EUROS net in case of theft of the electric bike.

(iv) The costs of damage caused to third parties shall be borne by the user.

4 Defects/damage to the electric bike

(a) At the beginning of the rental process, the user must check that the electric bike is free of defects.

(b) If the user discovers a defect, it must be reported to COMPTOIR AUTOMOBILE ROCHELAIS immediately, truthfully and in detail via the mobile application .

5 Behaviour in the event of an accident

(a) Accidents must be reported immediately to COMPTOIR AUTOMOBILE ROCHELAIS via the mobile application (damage report) by the user. In doing so, the following details must be provided:

(v) Description of the Adverse Event:

1 Nature of the event: accident;

2 Wounded: yes / no;

3 Location of accident (including contact details);

4 Contact details of the persons involved in the accident.

5 Description of the facts

(vi) Description of damages suffered:

1 Description of the damage caused to the rented electric bike;

2 Description of any bodily injury.

(b) If persons other than the user are involved in the accident, this must be reported to the police.

(c) If the user deliberately violates this notification obligation, he will be liable for the damages caused to COMPTOIR AUTOMOBILE ROCHELAIS resulting from the breach of this obligation.

6 Behaviour in case of theft

(a) The user agrees to adequately secure the electric bike against theft by closing the integrated U-lock and attaching the chain when leaving the electric bike unattended.

(b) In case of theft of an electric bike, the user must report it to the police and immediately report the theft to COMPTOIR AUTOMOBILE ROCHELAIS

7 Liability COMPTOIR AUTOMOBILE ROCHELAIS

(a) COMPTOIR AUTOMOBILE ROCHELAIS is not responsible for damage caused to the electric bike that was already present and knowable at the time of the conclusion of the contract.

(b) COMPTOIR AUTOMOBILE ROCHELAIS is not liable for damage caused to objects (e.g. smartphones) transported with the electric bike, unless the damage is due to its intent or deliberate carelessness.

(c) Furthermore, the liability of COMPTOIR AUTOMOBILE ROCHELAIS is excluded, except in cases of intent or deliberate recklessness.

8 Prices

(a) In case of professional use, no rent is charged to the user.

(b) For private use, the user may be charged a rental fee, which is marked as such and regulated in more detail in Article 12.

9 Rent

(a) If the user owes a rental fee for the use of Movelo, COMPTOIR AUTOMOBILE ROCHELAIS will debit such rental fees to the user using its own virtual currency.

(b) The internal currency is called "Credit".

9.1 Credit account

(c) User Credits are administered by Movelo via a Credit account in the user's name. There is no cost to the user for this.

(a) Users can check their current credit account balance at any time through the App.

(b) The app shows the user how to purchase new credits.

9.2 Buying credits

(a) Users can purchase credits (EUR2Credits) online via the mobile application.

(b) Users may choose from the following payment methods:

(i) PayPal

(ii) Credit Card

(d) Credits earned are valid indefinitely.

(e) An exchange of Euro Credits is excluded.

9.3 Immediate rental

When renting an electric bike directly, the user's credit account is immediately debited for the amount of the chosen rate.

9.4 Future booking/rental

When an e-bike is booked for future rental, the user's credit account is immediately debited for the amount of the chosen fare.

9.5 Cancellation of the rental

In case of cancellation, Credits of an amount of the chosen rate will be credited to the user's account.

9.6 Late return of the electric bike

If the user returns the electric bike late, he will be required to compensate COMPTOIR AUTOMOBILE ROCHELAIS for any resulting damage.

9.7 Do not use an electric bike

If, after having concluded (i) an immediate rental or (i) a reservation for a future rental, the user does not actually use the rental, the Credits debited from the amount of the chosen rate remain due. The user is not entitled to a refund.

9.8 Accident / damage

(a) In the event of an accident or damage caused by third parties during an active rental, the user is entitled to a refund of the Credits in the amount of the chosen rate.

(b) The refund will be made to the user's credit account.

9.9 Price increase / rate change

COMPTOIR AUTOMOBILE ROCHELAIS has the right to modify its prices according to changes in market conditions, changes in purchase costs or changes related to VAT.

10 Right of withdrawal

(a) The user has the right of withdrawal without giving reasons until the expiry of a period of fourteen days from the day of conclusion of this contract. The time of sending the request for withdrawal is decisive.

(b) The right of withdrawal is exercised by unequivocal declaration to COMPTOIR AUTOMOBILE ROCHELAIS by letter or email.

10.1 Consequences of withdrawal

(a) If the user dissolves this contract in accordance with Article 10, COMPTOIR AUTOMOBILE ROCHELAIS will refund the credit balance to the user within 14 days of receipt of the notice of termination.

(b) The same means of payment will be used for this refund as for the original transaction, unless expressly agreed otherwise. No fee will be charged for this refund.

10.2 Start of performance of the contract before expiry of the withdrawal period

(a) The user expressly accepts that COMPTOIR AUTOMOBILE ROCHELAIS may begin the execution of this contract before the expiry of the withdrawal period referred to in clause 10 under (a).

(b) The user declares that he is aware that with the beginning of the execution of this contract, he loses his right of withdrawal with regard to the services already provided.

10.3 Applicable law and dispute resolution

(a) This Agreement, including clause 10.3(b), and any non-contractual obligations arising out of or in connection with this Agreement shall be governed exclusively by French law.

(b) All disputes arising out of or in connection with this Agreement, including disputes regarding its existence and validity and non-contractual obligations, shall be settled by the judicial court of the user's domicile.