These General Terms and Conditions of Use are applicable to all loan agreements concluded by ENGIE Cofely H2 FRANCE and the Borrower who acknowledges acceptance of the terms after becoming aware of them before signing this Agreement of Location.
1 – COMMITMENTS BY ENGIE Cofely H2 FRANCE
ENGIE Cofely H2 FRANCE undertakes to provide the Lessee with a hydrogen electric assisted bicycle (VAE) in good working order, in accordance with urban mobility usage. In the absence of a contradictory finding, the VAE shall be deemed to be free from any apparent damage.
2 - THE VEHICLE
2.1 Condition of the vehicle
ENGIE Cofely H2 FRANCE undertakes to provide the borrower with a vehicle in good working order. The vehicle must be returned in the same condition. Any costs of restoration, following a fault of the Borrower or in the absence of a fault of an identified third party, will be invoiced to the borrower according to a predetermined scale and consultable in appendix of these general conditions. In case of non-payment of the invoice, no later than 8 (eight) days after its issue, the security registered at the registration of the borrower will be cashed.
22 Provision of vehicle
The loan takes effect from the moment the vehicle is transferred to the borrower, materialised by the electronic transmission of the loan contract. The transfer to the borrower of custody of the vehicle does not in any way entail the transfer of ownership of the vehicle. ENGIE Cofely H2 FRANCE remains the sole owner of the vehicle. Such receipt shall entail recognition by the borrower of the delivery of the documents relating to the conditions of use.
3- OBLIGATIONS OF THE BORROWER
3.1- Use of the vehicle
- The bike is loaned free of charge for a maximum of 2 hours. In the absence of a return of the vehicle in one of our 2 zones (Iraty or Gare du Midi), within 2 hours of the time of withdrawal of the bike, an excess allowance of 30 € incl. tax will be charged per hour of overtaking. Any time started will be due in full.
- The borrower undertakes to use the bicycle within the geographical scope of evolution that will be presented to him when the vehicle is handed over.
- The borrower undertakes to return the bike to one of our agents identified in the return zone of one of our two lending zones:
* Halle d'Iraty, rue de Pitchot, 64200 Biarritz
* Gare du midi, 23 avenue du Maréchal Foch, 64200 Biarritz
- The return of the vehicle must be made during the opening hours of these reception and registration areas, from 9 am to 11 pm from Friday 23 to Sunday 25 August 2019 and from 9 am to 3 pm on Monday 26 August 2019. In all cases, the borrower remains custodian and responsible for the vehicle until it is returned.
- As soon as the vehicle is handed over, the borrower becomes fully responsible in accordance with the terms set out in Article 1242 of the Civil Code. The borrower has custody and responsibility for the vehicle.
- The borrower undertakes to use the vehicle in accordance with the Highway Traffic Act and all other applicable regulations in the authorised territories, and not to make any abnormal or contrary use of the vehicle at its destination.
- The borrower undertakes not to press the “Emergency only” button unless there is an emergency (accident, fall or noise).
- the borrower undertakes to use the vehicle as a good family man and in particular, without being under the influence of ethyl or narcotic or any substance likely to affect driving in accordance with the provisions of the Highway Traffic Act and use it in accordance with its purpose.
- The borrower may neither sublet nor resell the vehicle.
- The loan is personal and non-communicable and is concluded for a fixed term specified in the contract.
- The borrower undertakes not to allow the vehicle to be driven by anyone other than himself.
- In the event of a stop, the borrower undertakes to attach his vehicle to a fixed body, with the anti-theft device supplied by ENGIE Cofely H2 FRANCE and to turn off the bike (START/STOP button) each time it moves away from the vehicle, for just a few moments. It undertakes to use only the anti-theft device supplied by ENGIE Cofely H2 FRANCE.
- The borrower undertakes to bear all fines and costs resulting from infringements, in particular the Highway Traffic Act, committed by the borrower. French law requires every vehicle owner to declare the name of the driver at the time of the offence.
- In the case of infringements, in accordance with the principle of personality of punishment, the borrower is responsible for the infringements committed during the term of the lease. The borrower’s contact information will be provided to the competent authorities upon request.
- The wearing of the helmet by the Borrower is highly recommended. The Borrower acknowledges that ENGIE Cofely H2 France has offered him a helmet on loan.
- The borrower undertakes to return the vehicle in perfect condition at the end of the loan, as well as the anti-theft device and accessories that ENGIE Cofely H2 France will have given him. In the event of loss, unconstitutional or damage to any of these elements, the costs incurred shall be borne by the borrower.
In the event of an accident:
- The borrower undertakes to notify the police or gendarmerie authorities immediately if there are any injuries. Any accident and/or damage affecting the rented vehicle must also be reported to ENGIE Cofely H2 France as soon as possible on +33 559 43 24 95. An amicable, precise and legible statement duly completed and signed by the parties must be immediately submitted to ENGIE Cofely H2 FRANCE. In the event of an accident without a third party, the borrower will have to fill out the statement alone.
If the vehicle is stolen:
- from the moment the claim is discovered, the borrower shall immediately inform ENGIE Cofely H2 FRANCE of the claim and lodge a complaint with the competent authorities; he shall, as soon as possible, submit the complaint to ENGIE Cofely H2 France, anti-theft, even if damaged (if it was not stolen with the bike).
3.3 Vehicle Operation and Maintenance
- The borrower, informed by this contract and by the demonstration made to him in the starting zone, shall be deemed to have received all the instructions necessary to use and maintain the vehicle in good condition.
- He must comply with the recommendations of use which will be given to him when taking the vehicle.
- In the absence of compliance with these recommendations, damage to the bicycle, one or more of its components, will be considered by the borrower and the costs of repairing or replacing them will be borne by the borrower.
- The borrower shall be responsible for repairing any damage caused by the conduct of the borrower, any damage related to the transport of third parties for consideration or free of charge or the transport of dangerous goods, any damage resulting from participation in competitions, use to push, pull or tow a vehicle, or any damage related to the use of the vehicle for an illegal purpose or in violation of the Highway Traffic Act.
- The borrower undertakes to report immediately to ENGIE Cofely H2 FRANCE any anomaly, malfunction or breakdown caused to the rental vehicle.
The Borrower undertakes to pay the price of the costs resulting from its use of the bicycle outside the manufacturer’s recommendations and the proper use of the bicycle, in accordance with the terms of this loan agreement.
3.5 Documentation and Supporting Evidence
In order to access the service, the borrower must first register at www.pragma-mobility.com where they will be asked to provide identification data, as well as a copy of their passport. Second, it will be asked for a pre-authorization of EUR 900 in a secure online space.
Only pre-registered users who have secured their deposit will be allowed to use the service.
The borrower designated on the Loan Agreement is required to present to ENGIE Cofely H2 FRANCE a valid identity card or passport or its G7 accreditation.
ENGIE Cofely H2 FRANCE reserves the right to terminate the loan immediately and as of right without being held to justification or compensation in the event that the borrower has not complied with one of the essential obligations of this contract, in particular the conditions of use of the vehicle, the payment of any costs involving its liability and the conditions of return.
4 - INSURANCE
The borrower declares that he is the holder of civil liability insurance covering any loss suffered by the borrower and/or a third party in the event of an accident and/or personal injury related to the use of the vehicle.
ENGIE Cofely H2 FRANCE insures the vehicle against:
Fire/ Explosion/ Damage all accidents. In this case, the borrower may be liable for the amount corresponding to the insurance deductible, or 10% of the damage with a minimum of 700 € (Seven Hundred Euros) and a ceiling of 1500 € (One Thousand Five Hundred Euros). This Agreement shall be terminated without notice or any other action by the parties, provided that all the formalities of the loss described in Article 4.2 above have been complied with.
The theft. In the event of theft, the borrower will be liable for the amount corresponding to the insurance deductible of 1500 € (One Thousand Five Hundred Euros) and the present contract will be terminated without the need for notice or other action on the part of the parties, provided that all the formalities of the loss described in Article 4.2 above have been complied with.
4.2 Exclusion of insurance coverage
Insurance coverage excludes damage due to vandalism, theft of parts of the vehicle, and theft of the vehicle when it has not been properly attached to a fixed body, with the anti-theft device provided by ENGIE Cofely H2 FRANCE, or when the vehicle has not been brought back to one of the two official stations (CP IRATY and Gare du midi in Biarritz) in the schedule, as well as any damage: intentionally caused by a DUI or under the influence of a drug.
5 - RATES AND PAYMENT
5.1 Pre-authorization and Service Charges
The surety is paid upon registration of the borrower (online or in the reception area) by pre-authorization, not debited. Its amount is set at 900 € (Nine hundred Euros). It will be released within a maximum of 10 days after the G7 if no invoice issued for a reason(s) stated in this contract is unpaid (Exceedance, Bris, Vol ..).
The borrower must pay a payment of EUR 2,4 including tax for the deposit of this security, which will then allow him to borrow the bicycles made available to him throughout the G7, for periods not exceeding 2 hours each.
5.2 Rate and Payment
The amount of fees and indemnities that may be payable by the borrower for any of the above situations in this contract, must be paid on the spot, with one of our agents in place at the reception of one of the two lending zones, Iraty or the Gare du Midi, by credit card valid in France. An invoice will be given to the payer. Only the payment of the sum due, including all taxes, will allow the release of the surety.
6 – PERSONAL DATA
TO BE COMPLETED
7 - JURISDICTION CLAUSE AND APPLICABLE LAW
Any dispute, or any dispute, relating to the present and which has not been settled amicably, shall fall within the jurisdiction of the courts territorially competent, according to the common law, on which the city of Biarritz depends. These terms and conditions are subject to French law.
Appendix to the General Terms and Conditions of Use for the Bike Loan Service – G7
Schedule of Remediation Fees
All amounts are given in EUR excluding VAT and include parts and labour for the deposit, and the rest of the part concerned.
|Part concerned TME, HT
||Prices in EUR excluding VAT
|BUTTON (ON/OFF or COUPE CIRCUIT H2)
|ROD MUD GUARD
|ENVIOLO GEAR CHANGE HANDLE + CABLES
|FRONT BRAKE LEVER
|REAR BRAKE LEVER
|PAIR OF BRAKE PADS
|FRONT BRAKE DISC
|REAR BRAKE DISC
|REPLACEMENT TIP ENVIOLO
|PEDALS (UNIT PRICE)
|SEATPOST OR SADDLE
|BODY ELEMENT (PRICE PER CRANKCASE)
|SPEED SENSOR MAGNET
|ELECTRICAL BEAM INTERVENTION
|BOTTLE – RESERVOIR HYDROGENE
||Amount of bond
|ENERGY PACK (FUEL CELL)
||Amount of the deposit