general conditions of rental

 - The Tenant is personally liable for any damage to or theft of the Bicycles and must insure their replacement costs, from the time they are made available until they are returned. (article 12).

- In order to extend the rental period, the Tenant is required to request priorapproval from the Renter. Without this information and in case of delay, penalties will be applied (article 5).

- The free home delivery service is only valid for a minimum of 2 days of rental in Menthon-Saint-Bernard & Talloires, as well as in our partner establishments (article 4). 

Article 1: General

The "Hirer" is the natural person who rents recreational equipment as an individual or the natural person who, as the leader of a group, rents recreational equipment for that group.

As a service provider, the "Hirer" NOMAD BIKE puts at the disposal of the hirer, a leisure equipment composed of bicycles and accessories.

 

Article 2: Agreement

The following terms and conditions apply to the rental of any equipment by NOMAD BIKE to the "Renter". The Renter is deemed to have accepted the terms and conditions by having: made and paid for a reservation online, or signed a rental contract in paper / digital format.

 

Article 3: Access to the service

Access to the rental service of the Hirer is reserved for persons over 16 years. For minors, the rental contract is concluded by their legal guardian under his responsibility. In the latter case, the minor must produce an authorization from the legal guardian accompanied by a copy of his or her identity card.

 

Article 4: Provision of services

Bikes can be picked up at our rental base located at Espace Lac d'Angon, 228 route du ponton 74290 - Talloires.

The free home delivery service is only valid for a minimum of 2 days of rental in Menthon-Saint-Bernard & Talloires (excluding Montmin). The delivery is made between 8am and 9am on the day of the rental.

In this case, the bikes will be delivered before the time chosen by the Tenant, with or without his presence (depending on his availability and the number of reservations).

Reservations with delivery must be confirmed the day before before 6 pm. The renter requires full payment of the rental at the time of booking. 

Article 5 : Duration of the rental

NOMAD BIKE offers bike rental and accessories for a minimum of half a day.

The equipment must be returned at the agreed time or be requested in advance by telephone. If NOMAD BIKE has not been informed of the delay, NOMAD BIKE reserves the right to impose the following charges:

- from 30 min to 2 hours late: 50% of the total amount of the rental to be paid

- more than 2 hours late: 100% of the total amount of the rental to be paid

 

Article 6 : Reservation mode

All reservations must be made at the latest the day before the 1st day of rental before 7 pm. The Tenant has the possibility to book via the website, by phone or by email.

 

Article 7 : Method of payment of the service

The means of payment accepted by NOMAD BIKE are the following: credit cards, cash, transfers, and ANCV vacation vouchers.

The payment of the cost of the rental is made in full at the time of the reservation and is taken within 24 hours. The applicable rates according to the duration and the rented bike are indicated on the site.

In case of payment wished in cash / transfer / vacation vouchers, a credit card number will be requested for the deposit, and will be kept via the secure payment system Stripe.

Any rental made is not refundable even for bad weather or early return.

 

Article 8: Security deposit

For all bike rentals, a deposit by bank imprint shall be required from the Renter at the time of reservation. On the Site, a credit card imprint authorises NOMAD BIKE to deduct all or part of the deposit, in the event of the breaches indicated in the Article "Responsibility of the Renter and applicable penalties". To this end, the Renter shall enter his valid credit card details on the screens of the subscription form (card number, validity period and CVV code).

If the deposit is not made, the Tenant will not be able to access the Service.

Deposit amount:

Adult VTC: 500€.

Electrically Assisted Bicycle for adults or children: 1500€.

Gravel bike: 800€.

Children's mountain bike: 200€.

Trailer: 150€.

Baby seat or dog basket : 50€.

Handbag: 50€.

This deposit is not debited from the Renter's account (it will only be debited in the event of non-return or damage to a bicycle).

Even if it is not a debit, this amount is blocked on the Tenant's account and may impact his bank limit.

The deposit is returned once the rented equipment has been handed over and any necessary repairs have been paid.

 

Article 9 : Cancellation

For individuals, it is possible to cancel a reservation by contacting NOMAD BIKE by phone at 06 37 16 13 84 then by email at contact@nomadbike.fr quoting the reservation reference. The following cancellation conditions apply:

-Maximum 24 hours before the rental date: full refund

-Same day: no refund

For groups, please refer to the cancellation conditions agreed upon beforehand.

For the services with guide, the cancellation must be done at least 72 hours before the date of the rental.

 

Article 10 : Condition of the equipment

The materials and equipment shall be deemed to have been delivered in good working order. The Renter shall have half an hour from the start of use to report any malfunction of the bike that may be declared attributable to NOMAD BIKE. After this period, any malfunction shall be deemed to be attributable to the Renter.

All material or equipment is numbered or marked and must be returned with the same numbers or markings.

All bicycles are rented with the following equipment: anti-theft device, pump, saddle bag with puncture-proof kit, rear bag (if requested by the Renter), helmet (if requested by the Renter).

 

Article 11: Troubleshooting

It is strictly forbidden for the Hirer to intervene on the equipment in the event of a breakdown other than a puncture or "derailed" chain.

When renting an Electrically Assisted Bicycle, the battery has been previously charged to 100%. The Renter is therefore personally responsible for the management of his autonomy.

 

Article 12: Tenant's liability and applicable penalties

From the moment the equipment is made available until the time of its return, the Tenant has legal and material custody of the rented equipment.

The Tenant shall not leave the rented equipment unattended unless it is secured by a padlock and placed in a secure location.

It is forbidden to sublet or lend the leisure equipment without the agreement of the Hirer.

The Hirer is responsible for the use of the recreational equipment, particularly with regard to road safety and regulations.

It is also recommended that the Renter: adapt his braking distance in case of bad weather; adjust the saddle to adapt its height to his morphology; wear an approved helmet and appropriate clothing.

The Hirer is personally responsible for any damage, theft or loss of the rented leisure equipment and its accessories (including helmets, locks, panniers etc.). The cost of damage/loss is payable after the return of the rental equipment. Renters are responsible for the full replacement cost if the rental equipment is lost or stolen.

Replacement Cost:

Adult VTC : 560€.

24 inches mountain bike : 264€.

Adult electric bike : 2160€.

Gravel bike: 1000€.

Electric bike for children: 1360€.

Saddle: 28€.

Handlebar grip: 15€.

Derailleur: 35€.

-> non exhaustive list

 

The Deposit paid by the Renter when subscribing to the Service may be used by NOMAD BIKE to deduct any sums due as penalties in the event of failure by the Renter to use the Service.

In the unfortunate event of a stolen bike, it is the responsibility of the Renter to report it to the Police within 48 hours. The Renter has the obligation to report this disappearance to NOMAD BIKE within 24 hours as well as to provide a copy of the report given to you at the Police Station.

In the event of an accident and/or incident involving the rented equipment, the Hirer is obliged to report the facts as soon as possible to NOMAD BIKE.

The legal guardian of any minor using the Service shall be liable for any damages caused directly or indirectly by the minor as a result of using the Service.

 

Article 13: Insurance

NOMAD BIKE has taken out insurance covering its professional liability, the Tenant's liability is not covered by NOMAD BIKE. The Tenant declares to have taken out and to be the holder of a valid civil liability insurance policy which guarantees the consequences of the use of the Bicycle.

 

Article 14: Confidentiality of data

By entering into this contract, the customer agrees to the transfer of his/her data for the purpose of its execution. The data is kept for a period not exceeding the time necessary for the following purposes:

Bicycle rental: the data necessary to process your order will be kept for the time necessary to establish and execute your contract. Management of the commercial relationship: the data will be kept for a maximum of 3 years from the end of the commercial relationship. In accordance with the RGPD, you have a right of access, modification, rectification, portability and deletion of the data which concern you as well as a right of opposition. You can exercise this right by sending a letter to NOMAD BIKE Customer Service at the following address: 228 route du ponton 74290 - Talloires-Montmin.

 

Article 15: Right of withdrawal

In accordance with the provisions of Article L. 221-18 of the Consumer Code, the consumer has a period of 14 days to exercise his right of withdrawal from a distance selling contract. However, in accordance with article L. 221-28 of this same code, this period does not apply in particular to contracts for leisure services that must be provided on a specific date or during a specific period. The activities of NOMAD BIKE are therefore part of this exceptional framework.

 

Article 16: Mediator

In accordance with the provisions of Article L. 612-1 of the Consumer Code, you have the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of the dispute between us.

The coordinates of the NOMAD BIKE mediator are the following:

Center of Mediation of the Consumption of Conciliators of Justice.

14 rue saint Jean 75017 Paris

Represented by its president Mr. Alain Yung-Hing

https://cm2c.net/

Tel : 01 89 47 00 14

 

Article 17: Dispute Resolution

The present general conditions and the relations between the Renter and NOMAD BIKE are subject to French law. In case of complaint, the Hirer may contact NOMAD BIKE's Customer Service either by email or by post.

 

Article 18: General information

Helmets must be worn by children under 12 years of age. The use of a child trailer and a baby seat is allowed from one year old. You can only carry a passenger other than a small child if an approved seat is installed. The VTC cannot support a load higher than 110kg, and 100kg for electric bikes.

Article 19: Breakage/Theft warranty provided by TULIP SAS

The Hirer has the option of taking out Breakage/Theft cover with our partner TULIP SAS when reserving the bikes.

This guarantee is available under the following conditions:

Breakage & theft cover

Definitions

Accident Any sudden, unforeseeable event resulting from a cause external to the Insured Item, whether or not provoked by the user, and suffered by the Insured Item.
Anti-theft approved Anti-theft device supplied by NOMAD BIKE.
Property guaranteed The rented bicycle whose references appear on the Rental Contract.

Breakage Breakage: the risk of material damage to the Insured Item. Breakage may be partial (when the Insured Item can be repaired) or total (when the Insured Item cannot be repaired).
Customer Any person renting a bicycle from NOMAD BIKE.
Accidental material damage Any total or partial destruction or deterioration, externally visible, which interferes with the use - in compliance with the manufacturer's standards - of the Insured Item and which is caused by an Accident.
Guarantee Warranty: The warranties relating to the Contract, i.e. Breakage and Theft.
Negligence Lack of precaution or prudence, whether intentional or not, which caused the Loss or facilitated its occurrence.
Natural disaster The phenomenon caused by the abnormal intensity of a natural agent (such as flooding, landslides, mudslides, drought, earthquakes, etc.). A natural disaster must first be declared by an interministerial decree to be eligible for compensation under the terms of the Contract.
Fixed point of attachment A fixed, immobile and immovable part, made of stone, metal or wood, attached to a solid wall or to the ground, and from which the Insured Item cannot be detached, even by lifting or tearing.
Claim: Event liable to trigger the Guarantee.
Third party Any natural person other than the Customer, his or her spouse or partner, ascendants or descendants.
Wear and tear Progressive deterioration of the Guaranteed Good as a result of its use in accordance with the manufacturer's instructions for use or maintenance.
Value of the Good The purchase value, excluding VAT, of the Insured Item.
Theft Fraudulent deprivation by a Third Party of the Insured Item, either by assault or by breaking and entering.
Theft by assault Theft by means of threats or violence exerted by a Third Party;

Theft by forcible entry Theft by forcing or destroying :
- of any locking device of an enclosed and covered immovable property, a dwelling, a vehicle,
- or, outdoors, of an approved anti-theft device linking the insured item to a fixed attachment point.

  1. Purpose and limits of the Guarantee

Losses to insured Property are covered subject to the exclusions and limits of the Guarantee and to compliance with the reporting deadlines and formalities stipulated in this Contract.

1.1 Purpose of the Guarantee

In the event of Breakage, the Guaranteed Good will be repaired or, if it is irreparable (the cost of 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 the present Contract.

In the event of Theft, the Insured Item will be reimbursed within the limits defined in article 1.2 and the conditions defined in article 4 of this Contract.

1.2 Warranty limits

For the duration of the rental contract, is covered :

In the event of breakage: 1 (one) single claim per insured item, up to the amount of the repair bill excluding VAT (which may not exceed the value of the item) less a 10% deductible and a minimum of €10.

In the event of theft: 1 (one) single claim per insured item, up to the value of the item less a 10% deductible.

 

  1. Exclusions

 

2.1 Common exclusions

The following are excluded in all cases

Losses related to the professional transport of people or goods;

the intentional or fraudulent act of any person other than a Third Party;

Damage and theft occurring in the absence of a hazard;

Indirect damage or loss suffered by the Customer during or following a Claim;

Claims for negligence ;

Customer liability ;

Non-fixed accessories (speedometer, lighting system, bike pump, water bottle and panniers);

Acts of war or civil war, riots, internal disturbances, politically motivated acts of violence, terrorist attacks or acts, strikes, expropriation or interventions assimilated to expropriation, seizures, natural or nuclear disasters.

 

2.2 Exclusions specific to Theft

Theft Warranty does not cover :

Theft other than Theft by assault or breaking and entering;

Theft by forcible entry on a public highway of Property not secured by an Anti-Theft device to a fixed attachment point;

Theft of batteries from electric bicycles not fitted with an anti-theft system integrated into the frame and installed as standard by the manufacturer.

 

2.3 Breakage exclusions

The following are excluded from the Breakage Warranty:

Any damage resulting from a modification or transformation of the Property;

Wear and tear ;

Any damage caused by fire, natural disasters, lightning or frost;

Any damage caused by battery failure on electric bicycles;

Any damage resulting from prolonged use (oxidation, corrosion, rust incrustation, soiling, scaling);

Damage occurring during events, races or competitions;

Any damage covered by one of the manufacturer's or distributor's legal warranties;

Any damage resulting from failure to comply with the operating and maintenance instructions in the manufacturer's manual;

Cosmetic damage, discoloration, pitting, staining, scratching, chipping, flaking, denting, swelling or graffiti;

Costs of estimates or repairs incurred by the Customer without the agreement of NOMAD BIKE.

 

  1. Claim declaration and supporting documents

3.1 How to report a claim

As soon as he is aware of a Claim, the Customer must declare it at the latest :

For the Breakage Warranty, within 5 working days (except in cases of force majeure) ;

For Theft Warranty, within 2 working days. Claims must be reported to the rental company.

3.2 What supporting documents are required?

The Customer shall provide NOMAD BIKE with : 

In all cases :

a sworn statement describing the exact and detailed circumstances of the claim (in particular date, time and place of the claim);

In case of Theft :

a copy of the police report, mentioning the circumstances of the theft and the model/brand of the item;

The Customer shall : 

In the event of theft on the public highway :

Provide keys for NOMAD BIKE lock.

In addition, the Customer must provide NOMAD BIKE with any document that Tulip Insurance deems necessary to assess the validity of the claim;

 

  1. Compensation terms and conditions

The claim will be accepted if all the supporting documents listed in article 3.2 have been received and validated by NOMAD BIKE. If this is not the case, NOMAD BIKE reserves the right not to accept the customer's claim and to deduct the amount due.

 

  1. Miscellaneous provisions

Territoriality: The warranty applies to claims occurring in mainland France.

Misrepresentation: Any misrepresentation made by the customer in the event of a claim exposes him/her, if his/her bad faith is proven, to the nullity of his/her contract and therefore to the loss of his/her right to cover.