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General Terms of Access and Use (GTAU)

The present General Terms of Access and Use (GTAU) apply to all bicycle rental services established within the territory of the Pays de la Châtre en Berry, the management of which is delegated to rental service providers operating within this territory.

Article 1 – Purpose

The present regulation defines the conditions under which clients may use the rental service and specifies their rights and obligations.

Article 2 – Description of the Service

Kavélo is a bicycle rental service offered by the Pays de la Châtre en Berry.
The management of the service is entrusted, within the framework of partnerships, to various organizations operating in the territory.

Article 3 – Client of the Bicycle Rental Service

3.1 – The bicycle rental service is reserved for persons aged 14 years and over (hereinafter referred to as “the client”).
A natural person may only enter into one rental agreement, except in cases where the rental is made on behalf of persons under their legal responsibility (child, ward).

3.2 – The client acknowledges being physically able to ride a bicycle and having no medical contraindications.
Use of the bicycle is strictly limited to the individual identified in the rental contract as the client.

Article 4 – Terms and Conditions of the Bicycle Rental Service

4.1 – Access to the Bicycle Rental Service

To access the bicycle rental service, the client must sign the rental agreement.

4.2 – To rent a bicycle, the client must:

Provide identification (last name, first name, address, date of birth, telephone number, and email address);
Choose the duration of the rental according to the options offered and pay the full amount of the rental fee in accordance with the rates in effect on the date of signing the rental agreement. The rental period is one (1) month, renewable;
Provide a security deposit in accordance with the rates in effect on the date of signing the rental agreement. The deposit may be partially or fully retained under the conditions set forth in this document;
Provide proof of identity (identity card or passport).

4.3 – Bicycle Reservation

Validation of a rental agreement constitutes the reservation of a bicycle from the date agreed upon between the client and the manager, for the duration specified in the agreement.

4.4 – Bicycle Fleet and Equipment

Each bicycle is rented with an articulated lock and key. The following accessories may be provided to clients: helmets, rear baskets, front panniers, child seats, pumps, battery chargers and keys, puncture repair kits, and wheel lock keys.
These accessories are installed and secured by the manager at the client’s request.

Each bicycle is identified by a unique number.
The rental price does not include insurance against theft or damage to the bicycle.

4.5 – Renewal of the Rental Agreement

The client may renew the rental agreement by notifying the manager as early as possible.
Each renewal requires the presentation of the documents requested at the time of the initial rental.

The manager reserves the right to refuse renewal of a rental agreement, particularly in cases of damage, payment incidents, delayed return, failure to present the bicycle for mandatory maintenance, or any other behavior detrimental to the proper operation of the service.

Rental renewals are not permitted if other persons are on the waiting list, in order to ensure better rotation of bicycles across the territory.

4.6 – Bicycle Maintenance

Preventive maintenance shall be carried out exclusively by the managing organization.

It includes the following:

Inspection of the battery and electrical components;
Inspection of tire pressure and condition (4 bar);
Inspection of electric motor function;
Adjustment check of gear shifting (transmission);
Lubrication and inspection of chain tension;
Verification of the battery compartment closure;
Monitoring of rim wear and spoke tension;
Verification of the presence of lock keys;
Verification of steering play;
Inspection of all cable tension;
Inspection of cassette wear;
Inspection of tightening of the stem, saddle, fork, wheels, and handlebar;
Inspection of brake tightening and wear;
Inspection of the tightening of bolts and screws composing the EAB (electric-assisted bicycle);
Verification of overall functioning and lighting;
Replacement of wear parts (brake pads, tires, inner tubes, bulbs).

Corrective maintenance shall be borne by the client and includes the following:

Minor repairs due to normal use, such as punctures;
Repairs resulting from improper use (off-road, overloading);
Repairs of damage caused by falls or vandalism;
Repairs due to negligence or improper maintenance;
Any repair not classified as preventive maintenance as defined above.

An annual preventive maintenance session shall be organized by the managing organization.
The client agrees to bring the rented bicycle to the original rental location on the date set by the manager.
These dates shall be communicated as early as possible.

The client may not claim compensation for loss of use or immobilization of the bicycle during maintenance.

4.7 – Breakdown During the Rental Period

In the event of a technical problem affecting the bicycle’s operation, the client must inform the manager as soon as possible.
If the bicycle’s condition limits its usability, the client agrees to return the bicycle to the manager by their own means.
An inspection shall then be carried out by the manager, who will determine whether the wear is normal or abnormal, as set forth in Article 6.4.

4.8 – General Conditions

The rental contract may only be signed after acceptance of these General Terms of Access and Use of the service.
At any time, the manager reserves the right to request that the client present the bicycle at the rental location.

4.9 – Geographic Limitation

The client agrees not to exceed a 50 km radius from the rental agreement location.

Article 5 – Payment Terms for the Rental Service

5.1 – Rental Agreement

The total rental amount must be paid in full at the time of the client’s request.
Payment may be made by credit card, cash, check, or holiday vouchers.

5.2 – Security Deposit

A security deposit, as specified in the current rate schedule at the date of signature, must be provided by check dated the day of signing the rental agreement, or by bank imprint.
If the check is drawn from an account not belonging to the client, the account holder must provide proof of identity.

The client agrees to notify the manager of any change in their relationship with the bank whose information was provided under these GTAU, which may affect, during the rental period, the proper collection of the deposit check.

5.3 – Use of the Security Deposit

In case of bicycle damage, the client shall bear the costs corresponding to the damages incurred during the rental period.
The manager shall invoice these amounts based on the rates provided by the maintenance organization.
In case of non-payment, the manager may cash the deposit to cover repair costs.
In the event of non-return of the bicycle, the manager shall proceed as described in Article 6.4.

Article 6 – Conditions for Pickup and Return of a Bicycle

6.1 – Initial Inspection

An “Initial Condition Report” shall be completed between the manager and the client at the time the bicycle is handed over.
This report concerns the bicycle (including the battery, lock, and all equipment provided to the client).

6.2 – Maintenance

The client agrees to follow the user manual to ensure the bicycle’s safety and proper condition.
The client must carry out regular maintenance as indicated in the manual and shall not modify, add, or remove any equipment from the bicycle.

6.3 – Theft or Damage

The client agrees to take all necessary measures to prevent theft.
In the event of theft, the client must file a report with the police, specifying the bicycle’s identification number, and must immediately inform the manager, providing a copy of the police report.
Failure to do so will result in the manager filing a theft complaint against the client and cashing the security deposit.

In the event of damage, regardless of cause, the client agrees to bear repair costs invoiced by the manager according to the maintenance organization’s rates.
In case of non-payment, the manager will cash the deposit.

In all cases, the client shall be personally liable for theft or damage, regardless of the nature of the incident.

6.4 – Return of the Bicycle

The client must return the bicycle to the original rental location.
A “Final Condition Report” shall be completed between the manager and the client upon return.
This report shall specify elements of normal wear (manager’s responsibility) and abnormal wear (client’s responsibility).
In the latter case, a repair estimate will be issued according to the maintenance organization’s rate.
The client must settle repair costs to end the rental and recover the deposit.

Return of the bicycle by a third party on behalf of the borrower does not release the borrower from their responsibilities.

In the event of failure to return the bicycle by the date specified in the contract, the manager may immediately initiate legal proceedings and cash the full amount of the security deposit.

Article 7 – Client’s Obligations

7.1 – The bicycle and its accessories remain the exclusive property of the manager for the entire rental period.
The client is prohibited from subleasing the bicycle or transporting any passenger.

7.2 – The client may only use the bicycle on roads open to public traffic and not prohibited to cyclists, in compliance with traffic laws.
Should the client violate applicable laws or regulations during bicycle use, the manager shall bear no responsibility.

7.3 – By signing the rental agreement, the client acknowledges having read and accepted all provisions of this document without reservation.
The content of this document may be modified and shall remain binding on the client.

7.4 – The client releases the manager from all liability arising from the use of the bicycle, including accidents and damages of any nature (material or bodily) caused to third parties, themselves, or any transported goods. This includes the case of a child carried on a baby seat mounted by the client.

7.5 – The client is reminded that the baskets are reserved solely for carrying small, non-bulky objects.
Only the client is authorized to ride the bicycle; carrying another person by any means (e.g., on the luggage rack) is strictly prohibited.

7.6 – The bicycle is deemed to be in proper working condition and compliant with regulations at the time of delivery.
By taking possession of the bicycle, the client acknowledges that it is in good condition.
The client assumes custodial responsibility for the bicycle from delivery until return, agrees to use and maintain it carefully, and to return it with all accessories in the same condition as when received.

7.7 – For security reasons, when parked, the client must secure both a wheel and the frame of the bicycle to a fixed point using the provided lock.
In addition, the lock on the rear wheel of electric bicycles must be secured.

7.8 – Under no circumstances may the client claim reimbursement or damages for bicycle unavailability during the rental period.

7.9 – The client is advised to follow the safety procedures outlined in the guide provided by the manager at the start of the rental.
The client must hold personal liability insurance covering consequences of bicycle use for themselves, their dependents (minor children), and third parties.

Article 8 – Manager’s Rights

In the event of non-compliance by the client with these General Terms of Use, the manager reserves the right to terminate the rental contract without refund.

Article 9 – Applicable Law and Dispute Resolution

9.1 – The provisions of these regulations are governed by French law.

9.2 – Any dispute shall be submitted to the competent courts.

9.3 – Waiver of Recourse Clause
The client waives any and all claims against the manager and the owner of the bicycles for any material or immaterial damages, without time limitation.
This waiver of recourse takes effect upon signature of the contract between the client and the manager.

Article 10 – Data Privacy

The information collected is processed electronically for the purpose of service management.
The data recipients and controllers are the operational teams of the service.

In accordance with the French “Informatique et Libertés” law of January 6, 1978, amended in 2004, the client may obtain communication, correction, or deletion of their personal information by writing to Pays de la Châtre en Berry.

Article 11 – Entry into Force and Modification

The present provisions apply from the date of signature of the agreement between Pays de la Châtre en Berry and the manager.
This regulation is available at rental information points.
Pays de la Châtre en Berry reserves the right to amend these provisions, in whole or in part, at any time.
Any modification will be made available on the website kavelo.fr and may also be provided to the client upon written request.

Article 12 – Complaints

12.1 – Any complaint may be addressed to:
Syndicat Mixte du Pays de la Châtre en Berry – 15 rue d’Olmor – 36400 La Châtre.

12.2 – Any complaint concerning rental billing must be made within a maximum of 10 days following the end date of the rental.
No complaint will be accepted beyond this deadline.