Rental agreement

RENTAL AGREEMENT ELECTRIC SCOOTERS FOR AN ADVENTURE

Article 1: Application of the contract

The contract covers the rental of an all-terrain electric scooter with essential personal protective equipment, on GPS-tracked routes as part of an Adventure chosen by the Customer, which will be specified in the special conditions.

The agreement is made between ONE UP TOUR, hereinafter referred to as “the Lessor” and any person wishing to rent an Adventure service, hereinafter referred to as “the Customer”

Article 2: Booking – Cancellation

To book an Adventure, the Customer must complete a booking form on the rental company’s website: www.oneuptour.com. The Customer is required to read the terms and conditions of sale and the rental agreement, and accept them.

The booking is only confirmed when the Customer receives a confirmation email from ONE UP TOUR.

ONE UP TOUR reserves the right to modify – with or without notice – any booking, depending on weather or safety conditions, and will offer the customer an alternative date for the booking.

Article 3: Formation of the contract – Security deposit – Payment and payment methods in exchange for the service

On the day of the Adventure and before leaving the premises, the Customer must:

• Sign the rental contract, including the present rental agreement
• Pay the security deposit: €500 per rented scooter. The deposit can be made in cash or using a payment terminal (TPE). The security deposit will not be cashed by the Lessor, except in the event of damage (see Article 9).
• The equipment will be inspected by both parties before the service begins, and when the equipment is returned. Any observations will be recorded in the rental agreement. If any damage is incurred to the rented equipment, the cost will be deducted from the amount of the security deposit.
• The service will be paid in cash or by debit/credit card.

Article 4: Routes and conditions for using an all-terrain electric scooter

ONE UP TOUR offers several routes with different themes and levels of difficulty.

The level of difficulty is indicated on the website, on the page describing the Adventures using a colour code: green, blue, red.

• “Green”: Great for beginners, easy access, gentle slopes. From 14 years old.
• “Blue”: More challenging than the green route, and with steeper slopes and paths that are more difficult to manage. From 14 years old.
• “Red”: These routes are even more challenging and are designed for athletic people. They are not recommended for beginners, and are best for people with a solid experience of mountain biking or similar sports. From 16 years old.

Conditions for rent:

• Adults weighing less than 110 kilos.
• For minors, there are several conditions:
  o Must be 14 years old or over or at least 150 cm in height for “green” routes.
  o Must be 16 years old or over and at least 150 cm in height for “blue” or “red” routes.
  o For the “Meet a winegrower” routes, be at least 150 cm in height. Be 14 years old for green routes, 14 for blue routes, 16 for red routes. Minors do not participate in winery tastings.
  o Be accompanied by an adult.
  o The age of the participants must be specified on the booking form.

Throughout the duration of the service, all children remain under the full responsibility of their parents, who shall use their legal authority to ensure that all instructions are respected.

The following people may not rent electric scooters:

• Pregnant women
• People under the influence of alcohol or drugs
• People whose state of health is not compatible with riding an all-terrain electric scooter.

A form of ID must be provided by all participants before leaving with an electric scooter.

Please remember that riding an electric scooter is an all-terrain activity that presents a high risk of falling. Customers agree to ride the scooters responsibly and to respect all the safety regulations. Customers are fully aware of the possible risks involved.

Customers must certify that they are fit enough to ride the scooters and able to understand how they work.

Article 5: Safety

Helmets must be worn during the entire service. They are provided by the Lessor.

Customers must wear closed shoes such as trainers or sneakers (not provided by the Lessor).

The Lessor has selected the routes of the Adventures according to certain criteria, including safety. Customers agree to respect the GPS instructions carefully, and not to stray from the routes.

The scooters are authorised to be ridden on roads with speed limits of up to 50 km/h (31 mph), cycle lanes, greenways and some paths. All our routes meet these criteria.

If, in the event of a problem, a Customer had to go back to the start of a route, One Up Tour must be notified and a suitable return route will be given.

The Customer undertakes to respect the highway code in the same way as any other type of vehicle.

The maximum authorised speed for electric scooters is 25 km/h (15 mph).

Our batteries are always fully charged before each use. Customers must check the battery indicator regularly to avoid having to pushing the scooter back to ONE UP TOUR’s premises.

The scooters are fitted with two motors and offer speeds ranging from 1 to 5. The second motor is mainly for going uphill. If Customers ride “carefully” then the scooter will be more efficient.

Article 6: Guidelines for safe and responsible riding

Customers must keep an appropriate safety distance between other scooters.

The Customer with the GPS tracker must lead the party and ensure that everyone in the group stays together.

Each participant must retain constant control over their speed and direction.

At each intersection, the lead Customer must wait for the rest of the group, put one foot on the ground before any route crossings or stop signs, and only start up once the route is clear.

Customers must take their time and feel free to dismount during ascents or descents to preserve the engine.

Customers must respect the environment, and must not litter, whether on the road or in nature.

Customers must also respect pedestrians when passing through villages and when encountering other people on their route. Please smile and say “Bonjour!”; it makes everyone’s day much better!

To stay safe, Customers must not overestimate their ability to ride the scooter. If everyone is careful and respects the GPS routes, the experience will be even more enjoyable.

Customers must not forget that the scooters are silent, and must use the bell intelligently for everyone’s comfort.

Article 7: Duration of the Adventures

The Lessor asks Customers to arrive 15 min before the scheduled departure so that there is time to present the scooters, deliver the briefing, hand out the equipment, start up and test the scooters.

The meeting place will depend on the Adventure you choose, and will be confirmed via email or by phone a few days in advance.

Adventures usually last between an hour and a half and a maximum of three hours, depending on the route you choose.

The Company has allowed for plenty of extra time on the Adventures so you can take photos, chat and admire the surrounding area.

The distance specified for each Adventure is given for information only.

Any late returns will be charged €15 per hour or part thereof.

Article 8: Effective date of the service – Use – Insurance

The service comes into effect when the customer takes possession of the equipment and the provided accessories.

The Lessor holds Professional Civil Liability insurance with an obligation of means covering normal riding conditions. Any damage caused by a third party that results from non-compliance with regulations or instructions provided by the Lessor will leave the Lessor’s guarantees null and void. Under these conditions, the Customer will take full responsibility and the damage caused will be at their expense.

Customers are responsible for the rented equipment from the moment they take possession of it and until it is returned.

At the time they sign the rental agreement, the Customer declares they hold a civil liability insurance policy.

The Customer certifies that they are able to drive the rented equipment and declares that they have no medical contraindications that rule out this activity.

It is strictly forbidden to lend or sublet the equipment.

It is strictly forbidden for the Customer to repair or attempt to repair the equipment in the event of a breakdown, without the agreement of the Lessor.

The Customer undertakes to use the rented equipment carefully, with due diligence, and without endangering third parties, in accordance with current laws and regulations.

Electric scooters may only be used during the day. If the Customer is late and returns the scooter after nightfall, they take full responsibility.

It is compulsory to wear a helmet and gloves, which are provided by the Lessor.

The Lessor declines all responsibility in the event of loss or damage to the Customer’s goods and personal effects throughout the duration of the service.

Article 9 : Equipment and accessories provided by the Lessor

The Lessor undertakes to provide the Customer with Trotrx all-terrain electric scooters.

The Lessor provides a helmet, a hair net, gloves, and protective glasses.

Customers must wear closed shoes such as trainers or sneakers (not provided by the Lessor).

Article 10 : Accident liability – Breakage – Theft

We remind you that the French Insurance Code considers electric scooters as land-based motor vehicles.

The Customer is covered by the Lessor’s civil liability insurance for bodily injury and material damage caused to others.

The Customer is not covered in the following cases, and takes full responsibility for:

• Damage that the Customer could suffer
• Theft of the scooter by a third party
• Loss of the scooter by the Customer
• Breakage of the scooter by a third party or by the Customer.

If the rented equipment is broken, the Customer undertakes to return the damaged equipment, which must be complete and recognisable. The damage will be invoiced to the customer according to the current tariff attached to this contract.

In the event of theft or loss of the rented equipment, the equipment will be invoiced to the Customer on the basis of its value, less an obsolescence percentage of 20% per year.

In the event that the Customer steals the scooter, uses it inappropriately or causes any damage as a result of among other things, non-compliance with current rules or regulations, or the terms and conditions of this agreement, the Lessor is entitled to exercise any legal recourse to obtain compensation for any or all of the damage suffered.

However, the Customer cannot be held responsible for the harmful consequences of a hidden defect in the rented equipment or for non-apparent wear and tear rendering the scooter unsuitable for the use for which it is intended, if the proof of said defects or wear and tear can be provided by the Customer.

Article 11: Customer responsibility

The choice of service and the decision to purchase it are the sole responsibility of the Customer, who declares that they know and have taken all the necessary measures concerning the age and physical conditions relating to the service(s) they have ordered.

Throughout the duration of the service, all children who are authorised to ride an electric scooter (see conditions in Article 4) remain under the full responsibility of their parents, who shall use their legal authority to ensure that all instructions are respected.

Article 12: Eviction of the Lessor

The equipment and accessories cannot be transferred, guaranteed, removed or modified. The Customer undertakes not to consent to any right, real or otherwise, in respect of the rented item for the benefit of anyone, which is likely to affect the enjoyment of it or to limit its availability or full availability from the Lessor.

Article 13: Applicable law and competent jurisdiction

These terms and conditions are governed by French law.

In the event of a dispute, action, conflict or contestation arising from, relating to or having any connection with this rental agreement, the competent court will be that of the registered office of the Lessor to which the parties attribute exclusive jurisdiction.

The French language version of this rental agreement will prevail in the case of dispute.

Company name and registered office of ONE UP TOUR:
SARL Thunevin Soulié – Headquarters: 6 rue du Four 89800 ChablisSiret : 893 191 759 00016
tél +33(0) 6 79 95 51 75
patrickthunevin@oneuptour.com
www.oneuptour.com

SPECIFIC RENTAL TERMS AND CONDITIONS FOR ELECTRIC SCOOTERS DURING AN ADVENTURE

Date: ………….. / …………… / …………….

I, the undersigned,

Last name ……………………………………………………….
First name ……………………………………………………….
Date of birth: ………….. / …………… / …………….
Mobile phone number:
Address: ……………………………………………………….……………………………………………………….……………………………………………
Email address: ……………………………………………………….
Identity card/passport number: ……………………………………………………….

Declare that I am renting the scooter specified below, after having read and accepted the terms and conditions of rent on page 1 of this rental agreement.

No. of scooters: ……………………………………………………………….
Departure time: ……………………… Duration: ……………………….
Route name: ………………………………………………….………………….
Route price: ………………………………………………………………………
Payment method: ……………………………………………….…………….

• I acknowledge that the electric scooter is in perfect working order and good condition.
• I declare that the person(s) accompanying me is/are minors and fulfil the required conditions of age or height, in accordance with Article 4 of the rental agreement, to practice electric scooters during this Adventure and that I am fully responsible for him/her.
• I declare that I have read the terms and conditions of sale.

Security deposit: ……………………………
Payment method: …………………………..
The security deposit will be returned at the end of the rental period, according to the terms and conditions laid out in the rental agreement.

This rental contract was established and signed in Chablis on …….. /……… /….
Two (2) copies of the contract have made, and one is provided to each signatory.

ONE UP TOUR SARL Thunevin Soulie – Siret : 893 191 759 00016 – 6 rue Du Four- 89800 Chablis – patrickthunevin@oneuptour.com – tél +33(0) 6 79 95 51 75 www.oneuptour.com

Annexe : Price including tax of scooters and accessories

• Electric scooter 24″, 2 powered wheels with onboard battery: €4,690
• Battery: €684
• Motor: €390
• Display: €98
• Powered wheel: €550
• Non-powered wheel: €150
• Mudguard: €49
• Handlebar pack: €55
• Grip: €18
• Helmet: €30
• Gloves: €25
• Go pro: €300