Terms Rental

The hereby Terms and Conditions apply to all contracts between Bcyclet Sarl, Place des Eaux-Vives 6, 1207 Geneva, Switzerland and the user (“you”) of the Bcyclet services and rental bikes.

1. Subject of the hereby contract

Bcyclet offers you rental bikes and services. Bcyclet commits to:
– Organising the delivery and recuperation of the rental material, according to the description and indications in the email communications with Bcyclet relating to your rental;
– Making available the agreed material (except in unavoidable circumstances);
– Providing you with all other services included in the option which you have chosen (wheels, pedals, helmet, repair kit, GPS, session with Guide).

2. Booking and payment

All booking of a Bcyclet bike rental on the Internet implies subscribing by the means of the online booking form which you can find on our website, as well as accepting the hereby Terms and Conditions (by using your curser to click agree at the bottom of the hereby Terms and Conditions).

When booking a Bcyclet tour by email, post, telephone or face to face with a member of the Bcyclet team, please make sure you receive and sign a booking form and the present Terms and Conditions before sending them back to Bcyclet by post. By signing these documents, you agree to the hereby Terms and Conditions.

The availability of our material is stated on our website but please bear in mind that this is provided for information only. Your reservation will only be officially booked when you receive a written confirmation from Bcyclet.

Your booking will only be fully confirmed when Bcyclet receives a deposit of 30% of the total cost. Full payment must be made no later than 8 days prior the start of rental. Bcyclet reserves the right to cancel your reservation if you fail to complete the full payment no later than 8 days before the start of rental. In this case, your 30% deposit of the total rental cost will be kept by Bcyclet and no refund will be made.

3. Cancellation on the customer’s behalf

In case of cancellation on your behalf, Bcyclet will charge the following cancellation fees:
– Over 15 or more days before rental start date: 30% of the total rental cost, BUT this can be put towards a Bcyclet holiday(www.bcyclet.com) or for a future bike rental from one of the Bcyclet offices (Alps, Corsica) during the 24 months following the first day of the cancelled rental.
– Between 14 days and 8 days before the rental start date: 30% of the total rental cost will be kept by Bcyclet and no refund will be made.
– Between 7 days and the start of your rental: 100% of the rental cost will be kept by Bcyclet and no refund will be made.

Your cancellation notice will take effect ONLY from the date of reception of your written cancellation notice at our office by post or by email.

If you are not present at the agreed meeting point at the start of your tour, or if you are unable to present the required administrative or medical documents for the rental (passport,visa, medical certificate etc), your rental will be cancelled and you will not be able to claim a refund. Interruption of the rental for reasons beyond your control (illness, insufficient physical preparation etc) will not entitle you to a refund.

4. Bcyclet ‘s right to postpone or cancel

If Bcyclet is obliged to cancel the rental because the security of participants is not ensured or because of any other force majeure incident, Bcyclet will do their best to offer you a replacement option. If you are not interested in our replacement offer, you will be entitled to a full refund of cost paid.

5. Modification/Alteration of the tour

8 or more days before the rental start date; you may modify your choice of service or dates, subject to availability.

7 or less days before the rental start date; all reduction of the rental period or cancellation of rental options such as the rental of a GPS with itineraries, Ultimate option with Mavic roues, Guide service, or any other options and services will not be entitled to a refund. The cost of the original rental will be demanded.

6. Third party products and services

Organising your services entails Bcyclet to sometimes work with third party providers, notably for transport options (airport transfers, rental bike repairs in workshops at distance from our offices. In these circumstances, Bcyclet only stands as an intermediate; any contract signed bonds you and the third party only.

Consequently, the prices charged by third parties are fully charged to you. The conditions of each third party contract, such as cancellation conditions, will apply to the person requesting the service. Bcyclet will not be held responsible for the application or consequences of third party terms and conditions.

Bcyclet informs you of charges and conditions applied by third parties in the clearest possible way.

Any fees charged by third parties due to booking or service modification by you will be at your own cost.

7. Prices

The cost of your rental is the price stated on the internet site www.bcyclet.com or form.bcyclet.com/etape-1.html or offered to you by our team by email. The included and excluded services are detailed in the description. Extra charges and special offers will also be stated clearly in this description. Prices offered to you by email over-ride the prices quoted in our brochures and on our website.

Bcyclet can change their prices at their sole discretion at all times. However, once your tour has been confirmed and you have paid your 30% deposit, the cost of your rental for the opted services will stay as agreed and can no longer be changed by Bcyclet.
Any spending or extra services not included in your original agreement with Bcyclet will be at your own cost. In principle, you will pay for these extra services yourself. If a member of the Bcyclet team covers these extra costs, you will be asked to refund these charges within one week following your rental service. If the refund of these costs entails administrative work on Bcyclet’s behalf, a 50€ fee may be charged.

8. Liability

Bcyclet will not be held liable for participants. You are particularly held responsible for the acquisition of any necessary paperwork in order for the rental to take place (ID, bank payment cards).

As an organiser, Bcyclet is lead to work with third party providers (hotels, hostels, transporters etc). In no circumstance is Bcyclet to be confused with these third party companies, who will be held responsible for their own actions and omissions.

Our services include cycling on and off roads as well as outdoor activities that can include taking certain risks. By using our services, you consider your cycling skills to be good enough to do so and your health condition to be excellent. Each participant accepts the risks they take and in no circumstances can a claim be made against Bcyclet, its personnel or third party providers for accidents or any other incidents that may occur during our services.

You must conform to safety rules and follow the advice and instructions given by the Bcyclet personnel or third party companies.

In any case, our liability is limited in scale to [double] the total cost of the service and only covers resulting direct and indirect loss.

9. Changes in the program by Bcyclet

Bcyclet will do their best to avoid having to change a service program. However, Bcyclet has the right to change an itinerary and/or a service program, especially if the participants security is in question or if a third party were to default.

You accept that any extra costs related to the consequences of accidents, unforeseen and/or force majeure incidents (eg natural disasters, transport problems, strikes or anything beyond our control) are your sole responsibility. When deciding on the expenditure to be incurred, Bcyclet will consult participants. Bcyclet will take the ultimate decision necessary for the participants safety.

10. Bike rental with GPS itineraries

Our ‘Bike rental with option GPS itineraries’ are itineraries/routes for cycling sold without a guide and without any third party services. The cost includes a GPS covering the concerned region to be covered as well as the GPS files in a .gpx. format. By booking a bike rental with option GPS itineraries, you confirm that you have good knowledge of map reading. You will be solely responsible for the organisation of your route and Bcyclet can not be held responsible for accidents or incidents during your bike rental with option GPS itineraries. Moreover, Bcyclet can not be held responsible for your misinterpretation or your misreading of the map.

11. Insurance

Bcyclet has civil liability insurance according to the rules of our profession. By booking a service with us, you confirm you will have the following from day 1 of the service:

– Civil liability insurance covering the damage you could inflict on third parties;
– Accident insurance covering medical care and other expenses in the event of an accident;

11.1 Tulip Insurance (only for persons who have taken out this insurance at the time of booking)

Definitions

Accident: Any sudden, unforeseeable event resulting from a cause external to the Insured Item, whether or not caused by the user, and suffered by the Insured Item.

Approved anti-theft device: Anti-theft device supplied by Bcyclet SARL

Insured Property: The rented bicycle whose references appears on the Rental Contract. 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 is irreparable).

Customer: Any person renting a bicycle from Bcyclet SARL

Accidental material damage: Any destruction or deterioration, total or partial, externally visible, that is detrimental to the use – in accordance with the manufacturer’s standards – of the Insured Item and caused by an Accident.

Guarantee: The guarantees relating to the Contract, namely Breakage and Theft.

Negligence: Failure of precaution or prudence, whether intentional or not, which is the cause of the Damage or facilitated its occurrence.

Natural disaster phenomenon: The phenomenon caused by the abnormal intensity of a natural agent (such as flooding, landslides, mudslides, drought, earthquakes, etc.). The natural disaster phenomenon must first be recorded by an interministerial order to give entitlement to compensation, within the meaning 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 Property cannot be detached even by lifting or tearing.

Loss: Event likely to implement the Guarantee.

Third Party: Any natural person other than the Client, his spouse or cohabitant, his PACS partner, his ascendants or descendants.

Wear and tear: Progressive deterioration of the Guaranteed Good as a result of use in accordance with the manufacturer’s instructions for use or maintenance, which is made of it.

Value of the Property: The purchase value excluding VAT of the insured Property.

Theft: fraudulent dispossession 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 exercised by a Third Party; Theft by burglary: Theft by forcing or destroying :

– of any locking device of an immovable, closed and covered premises, of a dwelling, of a vehicle,

– or, outside, of an approved anti-theft device linking the insured property to a fixed attachment point.

A. Object and limits of the Guarantee

Losses to the Insured Property are covered subject to the exclusions, the limits of the Cover and compliance with the reporting deadlines and formalities set out in this Policy.

A.1 The object of the Guarantee

In the event of Breakage, the Insured Item will be repaired or, if it is irreparable (the cost of repair is greater than the Value of the Item), the Item will be reimbursed within the limits defined in Article 1.2 and the conditions defined in Article 4 of this 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.

A.2 Limits of the Guarantee

For the duration of the rental contract, the following is covered

In the event of breakage: 1 (one) single Claim per Insured Item within the limit of the repair bill (which cannot exceed the Value of the item) minus a deductible of 10% and a minimum of €10.

In the event of theft: 1 (one) single Claim per Insured Item within the limit of the Value of the Item less an excess of 10%.

B. Exclusions

B.1 Common exclusions

The following are excluded in all cases

Losses related to professional uses of transport of persons 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 Client during or following a Claim;

Claims arising from Negligence;

The Customer’s civil liability;

Accessories that are not fixed in place (meter, lighting system, bicycle pump, water bottle and panniers);

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

B.2 Exclusions specific to Theft

The following are excluded from the Theft Guarantee :

Theft other than Theft by assault or break-in ;

Theft by break-in on the public highway of the Property not secured by an anti-theft device to a fixed attachment point;

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

B.3 Exclusions specific to Breakage

The following are excluded from the Breakage Guarantee

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

Any damage resulting from wear and tear;

Any damage resulting from fire, natural disasters, lightning strikes or frost;

Any damage resulting from the failure of the battery of electric bicycles;

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

Damage that occurs during events, races or competitions;

Any damage covered by one of the legal guarantees incumbent on the manufacturer or distributor;

Any damage resulting from non-compliance with the instructions for use and maintenance contained in the manufacturer’s manual;

Damage of an aesthetic nature, discoloration, pitting, stains, scratches, chips, flaking, dents, swelling or graffiti;

Costs of quotations or repairs incurred by the Customer without the agreement of [Your Company].

C. Reporting a claim and supporting documents

C.1 How to report a claim

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

For the Breakage Guarantee, within 5 working days (except in the case of fortuitous events or force majeure);

For the Theft Guarantee, within 2 working days. The claim must be declared to the lessor.

C.2 What supporting documents should be provided?

The Customer must provide Bcyclet SARL:

In all cases :

a declaration on honour relating the exact and detailed circumstances of the Damage (in particular date, time and place of the Damage);

In case of Theft :

a copy of the police report on which the circumstances of the Theft must be mentioned as well as the references of the Good (model/brand);

The Customer must :

In the event of theft on the public highway:

Provide the keys of the anti-theft device supplied by Bcyclet SARL.

In addition, the Customer must provide Bcyclet SARL with any document that his/her Tulip insurance company deems necessary to assess the validity of his/her claim for compensation;

D. Terms and conditions of compensation

The claim will be handled if all the supporting documents mentioned in article 3.2 have been received and validated by Bcyclet SARL. If this is not the case, Bcyclet SARL reserves the right not to take charge of the Customer’s claim and to deduct it from the amount due.

E. Miscellaneous provisions

Territoriality: The Guarantee is acquired by the Customer for Claims occurring in Metropolitan France and Switzerland.

Misrepresentation: Any misrepresentation made by the Client in the event of a Claim exposes him, if his bad faith is proven, to the nullity of his contract and therefore to the loss of his right to the Guarantee.

12.Protection of personal data

If you use the Bcyclet website to make a booking and/or subscribe to the Newsletter, Bcyclet needs to collect information about you in order to process your request. Bcyclet is required to collect personal data such as your name, email address, mailing address, telephone number, nationality and date of birth.

Most web browsers automatically accept cookies. However, you can set your browser to prevent or restrict cookies. In this case, there may be some services the Bcyclet website is unable to provide.

By booking a service on the Bcyclet website and/or subscribing to the Newsletter, you agree to Bcyclet collecting this data and that Bcyclet can use, transmit and/or store it in a database to the extent necessary to provide you with the expected service. The Federal Act on Data Protection governs the processing of your personal data by Bcyclet.

Bcyclet will not disclose your personal data to third parties in any way, unless it is essential the function of its services (eg. Communication with third party providers in accordance with Article 6 of the hereby Terms and Conditions).

The Bcyclet website is secured by appropriate technical and organisational measures to protect personal data that is transmitted. In particular, when you book your Bcyclet service via the internet, your transactions are processed through secure payment means. You have the right at all times to be informed of the personal data we have regarding yourself. You have the right to request correction or deletion. You can unsubscribe from our Newsletter at any time (via the link provided in the Newsletter). For any questions or requests concerning your personal information, please contact us by mail at the following address : Bcyclet Sarl, Place des Eaux-Vives 6, 1207 Geneva – Suisse, or by email at contact@bcyclet.com.

13. Photos / illustrations

Photos and illustrations on our website do not have a contractual nature. Moreover, by accepting these Terms and Conditions, you authorise Bcyclet to use your image for promotional purposes (website, adverts…). In principle, Bcyclet will seek your consent before publishing a photo in which you are seen close up.

14 Claims

If you have a complaint to make about any of our services, please contact our personnel directly in our office based in Geneva.

15. Ombudsman
In case of dispute, you can contact the Ombudsman of the Swiss travel industry. This person will look for a fair answer to the problems between you and us. Address: Ombudsman de la branche suisse du voyage, Etzelstrasse 42, Boite postale, 8038 Zurich, Tél. 044 485 45 35, Fax 044 485 45 30, info@ombudsman-touristik.ch, www.ombudsman-touristik.ch.

16. Applicable law and jurisdiction

Only Swiss law is applicable in the relations arising from the contract between you and Bcyclet. Subject to mandatory rules, the Geneva courts have exclusive jurisdiction.