Terms of Sales

FLAKE VÉLOS ÉLECTRIQUES is a company registered in the Trade Register of Nice under the number 834 325 458, and whose head office is located at 1 Boulevard Raoul Audibert 06450 Saint Martin Vesubie.

Article 1: Contractual relations.

FLAKE ELECTRIC BIKES (hereinafter referred to as "the Renter") provides the contract holder (hereinafter referred to as "the User") with the rented property, as described in the rental contract (hereinafter referred to as "the Contract"). This rental is governed by the present rental conditions, the terms of which the User acknowledges accepting after having read them, before signing the present Contract.

Acceptance of the "General Rental Terms and Conditions" and/or "General Rental Terms and Conditions" on the website www.flake-location-velos.fr or in hard copy confirms the User's approval and implies acceptance of the said general rental terms and conditions.

Article 2: Prerequisites for the quality of the User when renting.

The User must be a natural person over 18 years of age. Children and young people under the age of 18 must be accompanied by an adult who is the User. Failing this, the prior written agreement of the legal guardian is required, who takes on the status of User. When signing the Contract, the User will be asked for a valid identity document which will be kept for the duration of the rental.

Article 3: Equipment of the rented goods.

Each bicycle with or without electric assistance rented is equipped according to the standards in force. The goods are rented with the Hirer's signage (sticker on the front of the bike). In addition to these elements, the Hirer provides the User with a helmet, a reflective safety waistcoat and an anti-puncture spray for the duration of the rental period. The Hirer provides a bottle of water and a backpack free of charge.

Article 4: Rental and service rates.

The applicable rental rates and services are those published in its flyers or on its website and included in the contract. The rental price is payable in cash when the rented goods are collected by cash or cheque, cash at the latest when the equipment is collected.

Article 5: Deposit.

When the rented goods are made available, the User shall present an identity document, a copy of which shall be made, and a security deposit, the value of which is set out in the Contract. This deposit takes the form of a bank pre-authorisation. When the User returns the rented goods, the said deposit will be cancelled, less any damage provided for in Article 11 below. The deposit does not constitute a limit of guarantee, the Hirer retaining, if necessary, the right to sue the User to obtain full compensation for his loss. The User expressly authorises the Hirer to debit any unpaid amount related to his rental on his payment method. The photo will be deleted upon return.

Article 6: Obligations of the Hirer.

The Hirer undertakes to provide the User with the good in good working order and provides the User with the equipment necessary for his safety (i.e. a reflective waistcoat for home rentals and a helmet). The Hirer declines all responsibility in the event of non-use or non-conforming use of the goods rented by the User or of those made available to him. The Hirer declares that the rented property is in conformity with the intended use and that it is without apparent damage, except those mentioned on the descriptive state of the rented property which is given to the user at the beginning of the rental. It is the user's responsibility to have any apparent defects that are not mentioned in the description of the rented property noted before departure. In the absence of a contradictory report, the property is deemed to be free of any apparent damage, unless proven otherwise.

Article 7: Obligations of the User.

The User is personally responsible for any infringement of the Highway Code as well as for any physical or material damage that he/she causes during the use of the rented property for which he/she is responsible (Articles 1383 and 1384 of the Civil Code). He/she must return the said goods at the end of the rental period stipulated in the Contract and under the conditions detailed in Article 9 of these Rental Conditions of Use.

Article 8: Implementation of the Contract.

The provision and the taking over of the rented goods are done at the Hirer's operating base except for the Users who have opted for the home/on site delivery of the goods by the Hirer. The User takes charge of the rented goods in good working order, cleanliness and battery charge as expressly noted by the parties when establishing the state of the rented goods. The User shall make any complaint to the Hirer when establishing the said condition, declaring that he/she has had all the opportunity to check the quality of the rented goods according to his/her needs. In case of failure of the rented goods or exhaustion of the battery during the rental period, the User may not claim any damages from the Hirer. Indeed, neither the recharging of the battery nor the repair of the battery following its discharge, derailment or puncture are included in the Contract.

Home delivery is possible subject to the availability of the goods to be hired. A surcharge will always be added for the hirer's journey. This surcharge will be announced before the user collects the goods.

The Contract shall come into effect and the transfer of risks and charges on the leased goods shall begin at the time of collection of the leased goods by the User and shall end with the complete return of the leased goods in accordance with the provisions detailed below. In the case of an early return, the User shall not be entitled to any reimbursement unless this return is ordered by the Hirer following weather conditions that do not allow the safe use of the bicycle. In the case of a home delivery, the transfer of risks takes place as of the delivery of the rented goods and their receipt in person by the User. It shall end upon the complete return of the rented goods in accordance with the provisions set out below.

The use of the leased goods is strictly linked to the User. Consequently, the loan or sub-rental of the rented goods or equipment is strictly forbidden.

The User certifies that he/she is capable and medically fit to ride the bicycle.

The Hirer provides the User with information about the itineraries. However, the information given concerning the routes is only indicative. It may be inaccurate or modified at any time.

It is the User's responsibility to check the state of the roads, the weather, his or her cycling abilities and the practicability of the routes before using them. In this respect, the person in charge of the rental base may, depending on the weather conditions, require the User to return to the Hirer's premises or prohibit access to certain tracks. If the weather conditions are such, the rental company's premises may be closed. In case of premature return due to bad weather and under the orders of the person in charge of the rental base, a deduction will be made pro rata temporis of the duration of the rented goods.

The Hirer cannot be held responsible for any loss or damage, direct or indirect, related to the use of the proposed itineraries, or to the impossibility of using them.

The User undertakes, moreover, not to use the rented property beyond its capacity. In particular, the User must not carry a passenger other than a young child, provided that the latter is installed and secured on a specifically designed seat, or put a weight of more than 20 kilos on the luggage rack for rented goods that are equipped with one.

The User acknowledges that the Hirer has offered him/her, as an option, a certified retro-reflective waistcoat (for bikes rented at home) and a helmet. It is specified that in the current state of legislation in France, the wearing of a helmet is not compulsory, but strongly recommended and the wearing of a certified retro-reflective waistcoat is compulsory for any cyclist riding outside built-up areas, at night, or when visibility is insufficient. The User expressly declares to have received from the Hirer all the safety information regarding the wearing of the helmet, thus excluding any responsibility of the Hirer in case of damage. In addition, the User must take care to manage the charge in the battery in order to be able to return on time to the rental point. In no case the Hirer can be held responsible if the battery is discharged.

The rented goods are not insured against theft and breakage. In case of theft of the rented goods, the User must inform the Hirer without delay, file a complaint with the authorised authorities and provide a photocopy of the complaint. The theft of the rented goods will be invoiced at the public price of an amount higher than the deposit and will be fully due.

The User undertakes not to intervene on the rented goods in case of breakdown, with the exception of a puncture or the use of the anti-puncture spray, unless expressly agreed by the Hirer.

For any other reason, the User must contact the Hirer without delay on +33(0)6 95 87 02 81 which appears at the top of the Contract.

8.1 Geolocation.

In order to preserve and protect the leased property, the lessor may use electronic devices to track the movements of the leased property. This information may be used both during and after the end of the rental period. By accepting these general rental conditions, the User expressly acknowledges that he/she has given his/her explicit consent to the use of these electronic devices and to his/her geolocation.

The assistance is geographically limited to roads accessible to motor vehicles, with the User being responsible, if necessary, for joining an accessible road. This assistance is possible subject to the availability of the hire company. Assistance is free of charge in the event of a problem inherent to the rented property. Problems such as derailment, battery depletion or puncture are not covered by the free assistance. When the assistance of the Hirer is requested outside the cases of taking charge, the User will bear the cost (fixed price 45 €)

The return of the rented goods is done at the date and time provided for in the Contract at the Hirer's base or at any place provided for in the Contract in case of home delivery by the Hirer. An inventory of the rented goods will be established. If the User keeps the rented goods beyond the period provided for in the Contract without having regularised his situation and/or does not return the rented goods during the reception hours of the Hirer, he loses the benefit of the guarantees provided for in the Contract and remains responsible until the rented goods are returned to the Hirer. The current rate for any delay of more than fifteen minutes is ten euros per additional half hour and per rented good.

The extension of the Contract shall be made upon the User's express request to the Hirer and must be made before the end of the rental period. The Hirer may refuse the extension without any reason.

Article 9: Cancellation of reservation.

For any cancellation less than 96 hours before the start of the rental period, the full rental price will be charged in accordance with the tariff in force on the day of the rental period.

For any cancellation more than 96 hours before the start of the rental period, the half-price rental price will be charged in accordance with the tariff in force on the day of the rental period.

Article 10: Responsibility of the User.

Throughout the rental period and until the return, the User is deemed to be the guardian of the rented goods. As such, he/she is responsible for all physical or material damage suffered by him/her or caused to third parties during his/her use, whether or not he/she is the author or user. The user is responsible for all damage to the rented goods resulting from falls, acts of vandalism, natural factors, handling, transport damage and inappropriate or improper use of the rented goods. In the event of breakage, the user must return the damaged goods in full. Damage will be invoiced at the rates in force in this Contract. However, the User shall not be held liable for the harmful consequences of hidden defects in the rented goods or of non-apparent wear and tear unfit for the use for which they were intended, provided that proof of the said defects or wear and tear can be provided by the User. Theft and loss of the rented goods are not covered. In this case, the lost or stolen rented goods will be invoiced on the basis of the replacement value indicated in the public tariff. In addition, the User must contact the Hirer without delay, file a complaint with the appropriate authorities and provide a photocopy of the complaint. In the event of theft by the User, misappropriation or any damage whatsoever resulting from non-compliance with the rules of use, the regulations in force, or the terms and conditions of this Contract, the Hirer is entitled to recourse for the entirety of the loss.

Article 11: Insurance.

By signing this Contract, the User expressly declares to be the holder of a personal liability insurance policy that guarantees him/her during the use of the rented goods both by him/herself and the persons for whom he/she is responsible. In addition, the User expressly declares that he/she excludes any liability of the Hirer arising from the use of the rented goods, in particular with regard to the physical, material and immaterial consequences of accidents of any kind. Finally, by signing this Contract, the User declares to be fit to ride a bicycle and to have no medical contraindication, and expressly disclaims any liability of the Hirer in this regard.

Article 12: Confidentiality.

In application of the law number 78-17 of January 6th 1978 relating to files, data processing and liberties, all the information transmitted by the User to the Hirer may be subject to authorised processing with a view to subsequent operations, canvassing or statistics. This information is exclusively intended for the Hirer.

Article 13: Applicable law and jurisdiction.

This Contract is subject to French law. The competent court is that of the place of the registered office of the company FLAKE to which the parties attribute exclusive competence.

Tarif des pièces et des vélos en cas de dégradation ou vol (TTC en Euros).
   
Saddle 40€
Battery 700€
lock 25€
Backpack 6€
Bib short 20€
Dérailleur 100€
Derailleur hanger 15€
Chain 15€
Pedal 15€
Brake 35€
Complete front wheel 150€
Complete back wheel 200€
Battery out of order 700€
Battery charger 170€
Cost Haibike Fullseven 4 3 499€
Cost Cube 2021 Reaction Hybrid 500 Performance 2 500€
Cost Nakamura child 1 000€
Cost Scott Aspect 950 E-ride 2 599€