Preamble – Designation of the parties
- Designation of the service provider
This website “rentandride.fr” hereinafter referred to as “the Website”, is edited by CHAMONIX LOISIRS ET CULTURE (CLC), a French simplified joint stock corporation with a capital of EUR 82,000, entered in the commercial register RCS of Lyon under number 382 727 451, with registered office in 9, Place des Terreaux 69001 Lyon, hereinafter referred to as “the Service Provider”.
Intracommunity VAT number: FR58 382 727 451
Customer support of the Website: firstname.lastname@example.org, 149 allée du Recteur Payot 74400 Chamonix
After sales service: email@example.com, 149 allée du Recteur Payot 74400 Chamonix
- Designation of the Customer
Every private person of legal age, who is not a merchant, with legal ability to enter into contracts, established in France, making a Product Reservation on the Website, hereinafter referred to as “the Customer”.
In view of the application of these terms and conditions it is hereby agreed that the Customer and the Service Provider will collectively be designated as the “Parties” and individually as the “Party”.
Article 1. Object
The General Terms and Conditions (hereinafter referred to as the “General Terms and Conditions”) shall govern exclusively the online reservation and rent contracts for products of the Service Provider for buyers who have the status of consumers (hereinafter referred to as the “Customer”) and shall represent together with the reservation voucher, the contractual documents enforceable vis a vis the Parties, to the exclusion of all other documents, prospectuses, catalogues or photos of the products which have only an indicative value.
The General Terms and Conditions shall apply exclusively to products rented in the Store, to Customers established in France.
The General Terms and Conditions as well as all the contractual information mentioned on the Website are drafted in French.
The Service Provider reserves the right to amend these General Terms and Conditions at any time by publishing a new version on the Website.
The General Terms and Conditions which are applicable are those in force on the Website on the date of the reservation by the Customer; it is hereby stipulated that any reservation of a product proposed on the Website involves full and unrestricted compliance of the Customer with the General Terms and Conditions applicable at the time of the placing of the order.
They shall hence govern the different stages of the execution of the reservation and rent of the products.
The General Terms and Conditions shall be made available to the Customer on the Website of the Service Provider, where they may be consulted directly.
The General Terms and Conditions may be enforced vis a vis the Customer who acknowledges by ticking off a box to this effect, to have taken note of them and accepted them before making his reservation.
The contract governing the reservation of the products entered into between the Parties on the Website shall result in the conclusion of a rent contract for the reserved products, on the date when the reserved products are made available.
The rent contract entered into in this way between the Service Provider and the Customer shall be executed as far as the obligation to make available the products of the Service Provider is concerned, by the stores under the label of “REND & RIDE” that the latter operates.
The list of stores operated by the Service Provider may be consulted on the Website and these stores shall hereinafter be referred to as “the Store(s)”.
Article 2. Products
The products proposed for reservation and then rent by the Service Provider shall be those listed on the Website on the day of consultation by the Customer, hereinbefore and hereinafter designated as the “Product(s)”.
The Products proposed on the Website for reservation and then rent shall be equipment and materials for skiing and snowboarding described on the Website, whereby only categories of equipment and material are proposed and in no case a specific model.
The general characteristics of the different categories proposed are specified on the Website, just as several examples of Products corresponding to each category. The examples of equipment and materials are given for purely indicative purposes.
The Products are in conformity with the applicable prescriptions concerning security and health of persons, the fairness of trade transactions and the protection of Customers at the time of their placing on the market.
Article 3. Reservation of the Products
3.1 Execution of the reservation and price of the reservation
The Customer shall carry out his reservation by fulfilling the following five stages
Stage 1: The Customer selects the Store in which he intends to reserve his Product. The Customer then selects the characteristics of the Product category (person, level, price range) that he intends to reserve, the date of effectiveness of the rent, the duration of the rent and its end date.
After the selection of the Product, the Customer will be asked to confirm his reservation.
If he considers this to be appropriate, the Customer may also take out a “material protection” coverage for the risks of degradation of the rented Product as defined in Article 11 hereof.
The Customer must specify the first names of the persons using the Products reserved in this way.
A reservation on the Website may be carried out on the day preceding the date of the beginning of the requested rental period at the latest.
The basket in the upper right corner of the screen informs the Customer that he has made selections by specifying the number of Products included.
Stage 2: The Customer verifies the content of his basket by clicking on “Finalise my reservation” in order to have access to the recap of his reservation. The Customer may also modify his reservation (Product, quantity).
The total amount including taxes, of the renting of Products reserved in this way, displaying the price without taxes, VAT, the price with taxes due for the renting of the Products and possibly the amount of the “material protection” coverage, is then shown in the recap.
The settlement of this total amount serves as validation and conclusion of the reservation made by the Customer on the Website.
Stage 3: Once the reservation is verified and, if necessary, modified, the Customer validates his basket in order to finalise his reservation by clicking again on “Finalise my reservation”.
The Customer ticks off the box corresponding to a hypertext link referring to these General Terms and Conditions, acknowledging in this way that he has taken note and accepted them before placing the order.
Stage 4: Entry by the Customer of his invoicing data.
Apart from the complementary address, all the fields are necessary for the finalisation of the reservation.
If the Customer has already placed an order on the Website, he has a Customer account. In this case he will only identify himself through his email address and password.
The Customer then verifies all the information and clicks on “Validate” to continue his reservation.
Stage 5: Entering of the bank data.
The Customer then accesses the securitised payment screen of the partner of the Service Provider as specified in Article 3.3 below.
The payment shall be made online by credit card only.
The Customer must choose amongst the logos CB, VISA or MC (MASTERCARD), then enter his credit card number, the date of validity as well as the three numbers of the visual cryptogram on the reverse of his card.
If the payment is accepted, the Customer will be directed to a confirmation screen for his reservation on the Website.
3.2 - Confirmation of the reservation
As soon as the payment of the Customer has been accepted, the Customer shall receive an email to confirm his reservation, including his invoice recapping all the Products reserved, the total amount with tax of the renting, the amount of the “material protection” coverage, possibly the invoicing address, the dates of start and end of the renting and the address of the Store where the Products will be made available to the Customer within the framework of the renting.
The validation of the reservation by the Customer and the confirmation of the reservation sent to the Customer by email by the Service Provider following the acceptance of the payment of the price of the renting shall be deemed to be the conclusion of a reservation contract between the Parties with acceptance of the General Terms and Conditions.
The Customer who has made a reservation will have the possibility to print his invoice that he will have received by the email confirming his reservation.
The customer support unit of the Website is available to the Customer for any questions concerning his reservation.
The customer support unit is available by email under the following address: firstname.lastname@example.org.
3.3 – Payment of the price
The price of the renting is stated in Euros with all taxes, whereby the VAT shall be the VAT applying in metropolitan France on the day of the reservation.
It must be paid cash on the day of the making of the reservation by the Customer. The payment shall be made online by the following payment modes: Carte Bleue, Visa, Eurocard/Mastercard at the time of the validation of the reservation by the Customer.
The request for an authorisation to debit the card shall be made at the time of the validation of the reservation on the Website, unless the servers are not available. The Service Provider reserves the right to make a new request for authorisation of the debit if the first request has not been successful because of the lack of availability of the servers.
In the event of a default in payment, an erroneous address or any other problem concerning the account of the Customer, the Service Provider reserves the right to block the reservation of the Customer until the problem is solved.
In the event of a fraudulent use of his credit card on the Website, the Customer is invited to contact the customer support unit of the Service Provider by email: email@example.com.
The Website is provided with an online payment securitisation system which allows the Customer to encrypt the transmission of his bank data.
The Service Provider has entered into a service provision contract with INGENICO PAYMENT SERVICES concerning securitised payment on the Internet, a service referred to as OGONE. This contract is intended to ensure all the necessary functions for the management of an Internet payment service and the securitised acquisition of payments via the Internet.
INGENICO PAYMENT SERVICES manages the security of exchanges and ensures the protection of secrecy (decryption keys) and their management.
This solution has been developed so that the Customer can make his payments with optimum security and in compliance with his data privacy.
The payment system OGONE verifies that the connection to the server of the Customer is securitised before sending the payment form to the bank which makes the financial transaction.
During the transaction for the settlement of an invoice, a connection is automatically established with the server of the settlement processing centre of INGENICO PAYMENT SERVICES. The bank data are only stored by INGENICO PAYMENT SERVICES during the time of the processing of the transaction. They do in no case transit through the systems of the company and are hence not stored by it.
3.4 – Archiving and evidence
The archiving of communications, reservations and invoices shall be made on a reliable and lasting data carrier so that a true and sustainable copy can be secured in accordance with Article 1348 of the French Civil Code.
These communications, reservations and invoices may be submitted by way of evidence of the contract.
Article 4 – Modification of a registered reservation
Any change in respect of the category and/or the quantity of the Reserved Product shall be made in accordance with the following provisions:
Any change in category of the Reserved Product may be made on the Website.
Two situations can occur:
a) If the amount of the new reservation is higher than for the initial reservation, the supplementary price of a minimum of one Euro must be settled on the Website.
b) If the amount of the new reservation is less than the initial reservation, there shall be no refunding of the initial amount.
The effect on the price of the renting of the acceptance of such a modification shall be taken into account during the payment of the balance of the price at the renting, whereby it is stipulated that in case b) a balance of 90% of the last reservation shall be settled in the Store.
Article 5. Right of cancellation
From the reception of the confirmation email for the reservation of the Products onwards, the Customer shall have a cancellation period of 14 clear days without justification or payment of a penalty.
Any request for cancellation must be notified to the Service Provider by sending an email to the customer support unit of the Service Provider under the following address: firstname.lastname@example.org, stipulating the number of the cancelled reservation.
The refunding of the sums paid shall be made within a maximum period of 14 days by crediting the credit card used during the reservation.
The right to cancellation may no longer be exercised as soon as the rent contract will have been entered into, i.e. from the date of collection of the Products in the Store.
The Service Provider undertakes to refund the amount to the Customer no later than within a period of 14 days following the date on which the cancellation right has been exercised.
However, the Customer may waive the right of cancellation of his reservation at the time of passing the reservation by ticking off the box provided for to this effect after having validated his reservation.
Article 6 – Renting of the Products
Once the reservation has been definitively entered into, the renting of the Products may be made between the Store of the Service Provider and the Customer.
The renting shall take effect when the Customer collects the Reserved Product, on the date of the beginning of the renting and for the duration specified in the confirmation email for the reservation. Consequently, it ceases automatically on the date specified on the confirmation email.
The Store undertakes vis a vis the Customer to rent to the latter the Reserved Products in accordance with the Terms and Conditions stipulated in the reservation and these General Terms and Conditions whilst the Customer undertakes to accept the Reserved Products in accordance with the same Terms and Conditions.
6.1 –Making available of the Products
The collection of the Reserved Product shall take place at the store selected during the reservation and mentioned in the confirmation email for the reservation.
In order to collect the Reserved Product, the Customer shall submit at the Store the confirmation email for his reservation. Moreover, the Customer must show his identity card or his passport.
The Store shall issue a renting voucher describing the rented product, the date of collection of the Product as well as the planned date for the return of the Product. This voucher shall be signed by the Customer during the collection of the Product.
The Reserved Product may be collected on the eve of the first day of renting specified in the confirmation email for the reservation from 6.00pm onwards and depending on the available stock.
Any settlement for the rented Product shall be made exclusively by the Store.
6.2 – Payment of the rental price
If necessary, the Customer shall pay the balance of the total price with taxes of the renting on the day of the collection of the Products.
6.3 - Security
The Store may demand an imprint/pre-authorisation for the debiting of the credit card in the amount of the rental sum.
The Store may, moreover, demand security from the Customer in an amount which corresponds to the public selling price with taxes of the rented Product.
The security shall be submitted in the form of a cheque, a credit card imprint or direct debit authorisation. The Store reserves the right to demand from the Customer the submission of two ID documents before accepting a cheque by way of security.
The security shall be returned to the Customer upon the return of the Rental Product, apart from a case of degradation of said Product in accordance with the terms and conditions stipulated in Article 6.5 of these General Terms and Conditions.
6.4 – Late collection of the Products
In the event of late collection of the Reserved Product, the Customer must inform the Store.
The Stores shall not be obliged to keep the Product reserved by the Customer via the Website longer than until 10.00am on the day after the first day of renting stipulated in the confirmation email of the reservation.
After this deadline, the reservation shall be considered as cancelled by the Customer. The Customer shall lose the benefit of his reservation and the Product shall be subject to further renting, without the Customer being able to claim reimbursement of the deposit and without any compensation being owed to him. In such a case the Service Provider shall retain the deposit.
6.5. – Return of the rented Product
The rented Product shall be returned at the end of the day of return specified on the renting voucher or the day after before 9.30am.
Any return of the Product after 9.30am on the day after the day of return specified on the rental voucher, shall result in the Customer owing the Store one day of rental subject to the rates displayed in the respective Store.
In this case the Customer must pay the Store as many supplementary days as he is late.
The rented Product must be returned imperatively to the Store where it was collected during the opening hours of said Store. The return of the Product shall be mentioned on the rental voucher.
The return of the rented Product shall be mandatory upon the expiry of the rental period subject to the penalties in accordance with Article 314-1 of the French Criminal Code, without having to send a formal request by registered mail with acknowledgement of receipt and without the Customer being able to plead any impediment.
Article 7 – Rental price of the Products
The rental price of the Products shall be determined depending on the category of Product reserved, the period of renting chosen as well as the date of placing of the reservation.
The public rates, rebates and reductions are listed on the Website.
The public rates, rebates and reductions depend on the respective Store.
The prices are indicated in Euros including all taxes, whereby the value added tax is the VAT in force in metropolitan France on the day of the reservation.
The price includes a public rate from which a rebate for the reservation via the Website is deducted. This rebate shall amount to at least 25% of the public rate.
If a rental period covers more than one calendar week, the rebate for the reservation via the Website shall be calculated on a pro rata temporis basis.
In this case the percentage of rebate shall be rounded to the next full lower percentage for the display on the Website, it being understood that the amount of the rebate is calculated on the basis of the percentage of the actual rebate. The rebate for reservations via the Website depends on the date of placement of the reservation.
Furthermore, a complementary reduction of 10% referred to as “Early Rent” special rate shall be applied to every reservation made via the Website at least 30 days before the date of the beginning of the renting.
The “Early Rent” rate shall only be available for reservations made on the Website and may be neither modified nor reimbursed after the cancellation period of 14 days.
The public rates (apart from the Early Rent rate), rebates and reductions may be modified at any time without prior notice, whereby the reservation and rent of the Products shall be invoiced on the basis of the public rates, rebates and reductions applying on the date of confirmation of the reservation.
Any renting of the Product which has not been the subject matter of a reservation via the Website but which has been made directly in the Store shall be made at the price of the public rate of said Store and subject to the Terms and Conditions of renting of such Store.
Article 8 – Availability of the Reserved Product
The Store may not be held liable for any delay in making available the Reserved Product in the event of force majeure. Force majeure shall be deemed to be any event independent from its willingness, unforeseeable and irresistible and as defined by case law, including late return of the reserved product within the framework of the preceding renting.
However, in the event of impossibility for the Store to make available the Reserved Product to the Customer, the Store shall use its best endeavours to provide the Customer with a Product of the same or higher quality, for the same rental price.
Article 9 – Use of the rented Product
The rented Product shall be intended solely for the persons mentioned in the reservation as users of said Product, without any possibility of sub-letting or lending even on a free-of-charge basis. The Customer shall be the sole judge of the ability of these persons to use the rented Product.
He shall certify that the persons are able to use the rented Product and undertakes on his own behalf and for the persons mentioned in the reservation as users of the rented Product that these persons use the Products themselves, in accordance with the instructions for use, with caution, without any risk for third parties and in conformity with the applicable rules and regulations, and do not sub-let or lend it. The Customer shall freely choose the category of Product reserved and rent it and shall be liable solely for any default in adaptation of the rented Product to the specific needs of the persons mentioned in the reservation as users of the Product as well as any other settings than those made by the Store.
The rented Product may be neither assigned nor submitted as a security. The Customer undertakes on his own behalf and for the account of the persons mentioned in the reservation as users of the reserved Product, to generally not grant any real or other right for the benefit of any third party which might affect its use or restrict the availability or full ownership of the Store in respect of the rented items.
Article 10 - Liability
The Customer shall take over full liability for the rented Product as soon as he takes possession of it. He shall remain liable until full return as described in the provisions of Article 6.5 of these General Terms and Conditions. He shall keep and preserve and use it under all circumstances by applying due care.
Upon the expiry of the duration of rental specified in the renting voucher, in the event of failure to return on the stipulated date and at the stipulated time, the Customer shall be solely liable for the Product in his possession until its effective return.
Default in returning the rented Product for any reason whatsoever shall result in the invoicing by the Store to the Customer of the full value for this Product as a new Product subject to the public selling price on top of the rental price.
Any reservation concerning the condition of the rented Product must be notified by the Customer to the Store upon the collection of said Product and shall be mentioned on the rental voucher upon its signing. If not, no complaint shall be accepted at a later stage.
The rented Product, which is numbered or labelled, must be returned with the same numbers and the same label. The Customer undertakes to return the rented Product in a clean condition and in the condition in which it was when he took possession of it, apart from degradation due to normal wear and tear or a hidden defect or any wear and tear not apparent having caused the degradation, provided that proof for such defaults or wear and tear which are non-apparent may be provided by the Customer.
The Customer remains liable for any other degradation suffered by the rented item regardless of the underlying cause. He shall assume liability for such degradation which will result in payment by the Customer to the Store of repair costs for said Product or a replacement of this Product, all within the maximum limit of the replacement value in a new condition at the public rate of the Product, on top of the rental price. If the repair of this Product is technically or economically not feasible, the Product shall be replaced. The Customer undertakes to pay these costs upon the return of the rented Product, if necessary by offsetting against the security in accordance with Article 6.3 of these General Terms and Conditions. Any repair shall be made exclusively by the Store.
Article 11 – “Degradation” coverage for the Products
The Stores propose a “material protection” coverage for all degradation risks in respect of the rented Product.
This coverage, whose terms and conditions and rates may be consulted on the Website and which are displayed in the Stores, may be taken out either on the Website during the reservation or directly in the Store when collecting the rented Product.
This guarantee must be paid in advance either on the Website during reservation or during the signing of the renting voucher and shall be invoiced on top of the renting price subject to the Terms and Conditions displayed in the Store.
By opting for the “material protection” coverage, the Customer shall benefit from total coverage in the event of a damaged returned Product which is still useable and can be repaired by the Store.
In the event of a returned Product which can no longer be used, the Customer must pay an amount corresponding to the “price with excess”, the amount of which is indicated in the Terms and Conditions of the coverage displayed in the Store.
The Customer must pay this amount on top of the renting price and the price of the coverage.
If the coverage is taken out, the rental company shall take over the repair or replacement costs of the Product damaged apart from the “price with excess” which will be payable by the Customer if the returned Product can no longer be used.
The coverage may only be applied in the event of return of the damaged Product which is still identifiable and complete by the Customer.
Article 12 – Cancellation of the reservation
12-1: Cancellation before the collection of the reserved Product
For any request for cancellation before the collection of the reserved Product and after the expiry of the cancellation period, the full deposit shall be kept by the Service Provider as handling fee. The deposit shall, however, be refundable if this cancellation is made following a case of force majeure that the Customer will have to justify. In such a situation the reimbursement of the deposit shall be made within 30 days by crediting the credit card used for the transaction.
12-2: Cancellation after the collection of the reserved Product
In the event of illness or accident of the Customer using the rented Product (or any other person for whom the Product has been rented) and occurring during the scheduled period of renting, the renting shall continue to apply. In this case the Customer may, however, return the rented Product concerned and the amount payable for the renting of this product shall be calculated on a pro rata basis of the number of days of renting actually made subject to the submission of a medical certificate. Every started day of renting shall be due. Moreover, the amount invoiced in this case by the Store and paid by the Customer may not be below the amount of the portion of the deposit collected at the time of the reservation concerning the Product returned in this way.
12-3: Cancellation due to climatic conditions
In the event of total closure of the ski resort normally accessible from the Store, the days of renting concerned by such closure may be deducted from the total price of renting which has been the subject matter of the reservation by submission of a justification issued by the ski lift company of the resort, whereby the amount invoiced by the Store in this case and paid by the Customer may not be below the amount of the deposit made upon the reservation.
Article 13 – Personal data
The collection of personal data, their use for the processing of the reservations and the setting up of a customer database and their distribution to third parties in charge of the execution and payment of the reservations shall be subject to the consent of the person concerned.
The processing of personal data which are stored by the Service Provider for the sole purpose of good administration of the reservations and commercial relationships shall be subject to a declaration to the National Commission for IT and Freedom.
In accordance with the “IT and Freedom” Act of 6 January 1978, as amended by the law of 6 August 2004, the Customer shall benefit from a right to access, rectify, modify and suppress data concerning him.
The Website has been declared to the National Commission on IT and Freedom – CNIL under number 1924006.
The Customer may exercise this right by sending an email to the following address: email@example.com, by specifying his name, first name, address and postal address.
Article 14 - Force majeure
The Service Provider shall not be liable for total or partial failure to execute his obligations in connection with the reservation and/or renting by the Customer, if such failure to execute is caused by an event of force majeure as defined by substantive law.
In such a case the Service Provider shall inform the Customer about the occurrence of such an event within a period of 3 (three) clear days following the occurrence, by electronic mail.
After a period of 1 (one) month and if the case of force majeure persists, the reservation and/or renting shall be cancelled and shall possibly result in a reimbursement by the Service Provider in respect of the credit card which has served for the reservation within a period of a maximum of 30 (thirty) days.
Article 15 – Intellectual property
All the elements shown on the Website which include photos, visuals, texts, drawings and images, which are the exclusive property of the Service Provider except for the photos of Products made available by the partner suppliers, are protected by copyright, trademark and patent rights.
Any reproduction and any distribution of these elements without the prior written authorisation of the Service Provider shall make those infringing these provisions liable to legal proceedings.
Article 16 - Mediation
In the event of failure of the request for complaint to the customer support unit of the Service Provider or in the absence of reply from this unit within a period of two months, the Customer may submit the issue concerning the order form or these General Terms and Conditions opposing him to the Service Provider to a mediator (Mr Laurent Sauvebois 149 allée du Recteur Payot 74400 Chamonix) who will try in all independence and impartiality to mediate between the Parties in order to reach an amicable solution.
The Parties shall be free to accept or refuse use of mediation as well as in the case of use of mediation to accept or refuse the solution proposed by the mediator.
Article 17 – Applicable law and competent jurisdiction
If any of the terms and conditions of these General Terms and Conditions are null or void by decision of a court, the other provisions of the General Terms and Conditions shall remain in force.
The General Terms and Conditions shall be executed and interpreted in accordance with French law.
In the event of litigation, the Customer shall contact first of all the Service Provider to obtain an amicable solution and if no understanding is possible, the courts under common law shall be solely competent.