Terms and conditions of sale
The buggy vehicles rented by SARL 2M EVASION are approved for 2 seats. They require a B licence corresponding to a cubic capacity > 125 cm3. Their driving implies the same rules as a car. The tenant must therefore scrupulously respect the highway code. Driving under the influence of alcohol is strictly forbidden. SARL 2M EVASION declines all responsibility in the event of any offence committed by the driver during the rental period. Wearing a seat belt is compulsory.
GENERAL TERMS AND CONDITIONS
These general conditions are concluded between on the one hand: the SARL 2M EVASION registered in the RCS of Pointe à pitre on 2 December 2019 under No. 878994664, hereinafter referred to as the company / the RENTER; And on the other hand, persons making a reservation on the site or a purchase on site for mechanical activities sold by the brand 2M EVASION, hereinafter referred to as the customer / the RENTER.
Article 1: PURPOSE OF THE CONTRACT
The SARL 2M EVASION aims to allow the customer/tenant to carry out mechanical leisure activities with the rental of a ZFORCE 550 approved 2-seater buggy vehicle. This rental is for a period agreed in the rental contract. The signature of the rental contract on the front side implies the CLIENT's full and unreserved adherence to the general rental terms and conditions to the exclusion of any other document, such as brochures, catalogues, which have only an indicative value.
The present general conditions can be modified at any time and without notice by the SARL 2M EVASION, the modifications being then applicable to all orders subsequent to this modification.
Article 2 : OBLIGATIONS OF SARL 2M EVASION
The company undertakes to carry out its services in accordance with the French regulations in force and the standards applicable in France. All prices include VAT. The company undertakes to provide vehicles in good working order, maintained according to the manufacturer's specifications. The company declares that the vehicles are in conformity with the intended use and that they are without apparent damage, except those possibly mentioned on the descriptive statement that is given to the client at the beginning of the rental. It is the responsibility of the client to have any apparent defect that is not mentioned on the description before departure. In the absence of a contradictory report, the vehicle is deemed to be free of any apparent damage.
The offers of services are valid within the limit of the places available on the planning during the opening days. Payment is mandatory at the time of booking.
The offers of services are valid within the limit of the places available on the planning during the opening days. The payment is The cancellation by the customer within 48 hours of the appointment or the non-arrival at the agreed date and time would result in the loss of the amount paid and would not give rise to any refund. The company reserves the right to cancel the customer's reservation if the customer does not show up at least 15 minutes before the start of the vehicle rental at the time of reservation.
The guide of the SARL 2M EVASION provides group supervision. The practice of the buggy activity is linked to constraints specific to this activity which do not depend in any case on the field of intervention of the company or its representative. Thus, the scheduled time and any other variable or random criteria related to the practice are necessarily indicative. The client is therefore fully informed that his trip to the place of activity is likely to be cancelled or extended, in particular due to unfavourable weather conditions and/or conditions relating to the company's organisation.
In the event of non-possibility of practice for meteorological reasons foreseen in advance, the company undertakes to inform the customer by telephone of the impossibility of being able to practice the activity and to propose the postponement to another date or the refund of the activity according to the choice of the customer. If the client opts for a refund, this will be made within a maximum of 14 days.
Article 3: OBLIGATIONS OF THE CUSTOMER :
The customer undertakes to pay the company the total price including all taxes of the service at the latest on the day of the activity. The vehicle is handed over to the client in perfect working order and bodywork (see details on the descriptive state of the rented vehicle). The customer undertakes to return it in the same condition. Failing this, the customer will have to pay the amount of the repair.
Driving is subject to the rules of the highway code. The customer undertakes to respect them. The customer is solely criminally responsible for any offences committed by him/her in the driving of the said vehicle. He is therefore responsible for his possible passenger and the material and physical damage he could cause in case of non-compliance. Failing this, he or she will have to pay the amount for the repair of the vehicle.
The customer undertakes not to allow the vehicle to be driven by persons other than those approved by the company. The drivers approved on the rental contract are fully responsible for the vehicle as soon as it has been taken over. The rental ends with the return of the vehicle and its accessories and keys to the person representing the SARL 2M EVASION.
In all cases, the customer remains responsible for the vehicle and for traffic violations and damage caused to the vehicle until the keys are returned and a contradictory report on the condition of the vehicle is established. Any refusal to carry out the contradictory report under the agreed conditions, entails acceptance by the customer of the invoicing of any damage noted in his absence.
The customer commits himself:
- To use the vehicle under rational operating conditions and according to the manufacturer's recommendations.
- Follow the planned route and ride behind the guide.
- Respect the space between 2 vehicles, i.e. 20 metres maximum and 10 metres minimum.
- Respect other users of communal or other roads.
- Do not voluntarily enter private roads or property and other cultivated land.
- Respect the fauna and flora and the environment (conserve its waste)
- Respect the other driversand under no circumstances encourage them to adopt a dangerous or sporty driving style contrary to the rules (overtaking and racing are forbidden).
ARTICLE 4: MAINTENANCE AND REPAIRS
Repairs resulting from abnormal wear and tear, negligence, accidental or indeterminate cause shall be borne by the customer; their amount shall be increased by an immobilisation indemnity provided for in Article 7. Under no circumstances and under no circumstances may the customer claim damages for disturbance of enjoyment or cancellation of the rental, either for a delay in the delivery of the vehicle, or for immobilisation in the case of repairs required by normal wear and tear and carried out during the rental period. In the event of a mechanical breakdown, the customer who is the victim of it must immediately report it to the organizer, who alone will be able to decide on the action to be taken. If the vehicle cannot be repaired or replaced quickly, the customer will be reimbursed by the rental company for the amount of the rental; If the breakdown is the result of misuse or bad driving maneuver on the part of the customer, the customer will be entirely responsible and will not be able to claim any reimbursement, in addition he will have to bear the costs of repairing the vehicle. He will also have to bear the eventual cost of compensation to the other tenants.
The customer accepts the debiting of his account for the amount of the security deposit and the costs caused by damage to the rented vehicle. He will be informed in advance of any amounts not arising from the normal execution of the rental agreement. The provision required at the beginning cannot be less than the estimated rental amount plus the amount of the rental vehicle deposit guarantee.
ARTICLE 5: LIABILITY / INSURANCE
Driving a buggy is subject to the rules of the highway code. The customer is therefore responsible for the vehicle, other users, any passengers and any material and physical damage that it may cause. Personal belongings are always under the responsibility of the renter. Insofar as he is warned of the possible risks linked to this activity, he can in no way engage the responsibility of the lessor for any injury, soiling or loss of personal objects. SARL 2M EVASION cannot be held responsible for any loss, theft or damage caused to any property carried or left by the hirer or any other person in the vehicle during the rental period or after the equipment has been returned. Subject to the execution of the obligations arising from the contract, the hirer benefits from the following provisions:
- Damage to third parties, damage to property belonging to the tenant and his employees are excluded from the professional civil liability cover guaranteed by SARL 2M EVASION.
- Damage to the property rented and made available. The hirer is responsible for the use of and damage to the equipment. He shall bear all costs resulting from such damage. The guarantee covers only when the user is not at the origin of the damage, falling foreign bodies not related to the activity of the tenant, this without deductible. For its implementation, the tenant must return the damaged equipment to the SARL 2M EVASION recognizable and complete. However, the hirer shall not be held responsible for the damaging consequences of hidden defects in the equipment making it unsuitable for its destination, as soon as he provides proof of said defects. The insurances are valid only for the duration of the stipulated rental period. If the lessee keeps the vehicle beyond this period without having regularised its situation under the conditions provided for in Article 6, it loses the benefit of all the guarantees provided for in the contract.
The lessor itself may exercise any recourse it deems useful against the lessee when its faulty behaviour has been the cause of the accident, damage or injury involving the vehicle, in particular failure to comply with the regulations and instructions given or driving under the influence of alcohol or prohibited substances.
In the event of theft of the vehicle or damage caused to the vehicle through the fault of the lessee, the lessee must compensate the lessor for the loss actually suffered (amount estimated by an expert of the foreseeable cost of repairs or the market value of the vehicle if necessary, immobilisation costs, administrative costs).
ARTICLE 6 - RENTAL REGULATIONS
GUARANTEE DEPOSIT PAYMENT: The amounts of the €500 guarantee deposit made by credit card pre-authorization are payable in advance. The lessee accepts the debiting of the amount of the security deposit and the costs generated by the damage or theft of the rented vehicle from his bank account. He will be informed in advance of any amounts not arising from the normal execution of the rental contract. The provision required at the beginning cannot be less than the estimated rental amount plus the amount of the deposit guarantee for the rented vehicle.
PROLONGATION: The payment of the deposit can in no case be used for an extension of the rental period. In order to avoid any dispute and in case the client would like to keep the vehicle for a longer period than that indicated on the rental contract, he will have to, after having obtained the prior agreement of the RENTER, send the amount of the additional period, under penalty of being exposed to prosecution.
RETURN OF THE VEHICLE: The customer must attend the reception of the vehicle, a check being opposable to him as if it were contradictory. The RENTER is not responsible for objects left by the RENTER in the vehicle. The RENTER must formally abandon the vehicle without having obtained the written agreement of the RENTER. Failing this, the vehicle will be repatriated at the expense of the RENTER by the RENTER, the rental continuing to run until the vehicle is returned. At the end of the rental period, the payment of the balance due by the RENTER must be made within 48 hours. Failing this, the RENTER must pay the HIRER, in addition to the repeatable costs and default interest, a fixed indemnity of 20% of the sums remaining due, as a penalty clause, in the sense provided for in Article 1221 of the Civil Code.
ARTICLE 7 IMMOBILIZATION OF THE VEHICLE
The immobilisation of the vehicle for any reason whatsoever, even outside, or for a cause beyond the LESSEE's control, shall give rise to the payment to the LESSEE of an indemnity equal to the price of the rental, without mileage, for a period which may not exceed 10 days, subject to the LESSEE's performance of all the obligations provided for in the contract.
ARTICLE 8 DISPUTES ASSIGNMENT OF JURISDICTION
Complaints or disputes will always be received with benevolence, good faith being always presumed in the person who takes the trouble to expose his situations. In the event of litigation, the customer will carry out his complaints, by mail, with the SARL 2M EVASION, - MAYOLETTE SECTION DELBOIS 97134 ST LOUIS DE M/G.
Failing this, all disputes arising between the parties shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the LEASER's registered office, with the stamp and registration fees remaining the responsibility of the RENTER.
The RENTER has at all times the right to access and rectify or oppose personal data concerning him/her in application of article 34 of the law "informatique et libertis" of 6 January 1976. It is enough to contact, by mail, the SARL 2M EVASION, - MAYOLETTE SECTION DELBOIS 97134 ST LOUIS DE M/G.
If the RENTER has given his agreement, the video photo rights remain the property of the SARL 2M EVASION and can be used on its site or other means of communication .