Agreement clauses

Definitions

The terms defined below shall, in these clauses, whenever they are capitalised, whether used in the singular or plural, have the meaning given to them hereafter.

“BIKUP”: The company BikUp (SAS BIKUP).

“SERVICE FEES or ADMINISTRATION FEES”: means the fees related to the operation of our platform, which allow us to offer services such as customer support during your trip. VAT is included.

“LISTING”: means an offer for the RENTAL of a VEHICLE published by an OWNER on the PLATFORM.

“VEHICLE”: means any bike, accessory or cycling equipment offered for RENTAL on the PLATFORM (such as, in particular, a gravel bike, pannier, cargo trike, etc.),

“RENTER”: A natural or legal person renting a LISTING for a limited period on the PLATFORM.

“RENTAL”: means the rental of a VEHICLE by an OWNER to a RENTER.

“HANDOVER”: means taking charge of the VEHICLE on the first day of the RENTAL. The time taken for the DEPARTURE CONDITION REPORT and the ARRIVAL CONDITION REPORT forms an integral part of the rental period provided for in the agreement.

“DEPARTURE CONDITION REPORT”: means the document describing the condition of the VEHICLE at the time of HANDOVER, to be completed between the RENTER and the OWNER (or their representative) at the time of HANDOVER of the VEHICLE. It must be as complete as possible, supported by photographs and comments, and signed by both parties before the VEHICLE leaves, on the agreement provided by the OWNER or via the PLATFORM.

“ARRIVAL CONDITION REPORT”: means the document describing the condition of the VEHICLE at the end of the RENTAL, and must be supplemented by a damage report in the event of an incident. It must be as precise as possible.

“REMUNERATION”: Sum of money paid to the OWNER of a LISTING in return for making available and renting out the LISTING.

“OWNER”: means any natural or legal person, professional or private individual, able to prove full ownership of a VEHICLE upon first request from BIKUP and/or a RENTER. By extension, also means the agent of an OWNER, said agent having to prove the existence and scope of the mandate they have received.

“PLATFORM”: Website and mobile applications offered to our USERS to access the BIKUP SERVICE.

“RENTAL AGREEMENT”: Agreement by which an OWNER grants the use of a LISTING for a set time and price. It sets out the conditions agreed between the parties during said rental period. This agreement is concluded between the OWNER and the RENTER.

“BOOKING”: Action taken by a RENTER to reserve a LISTING and obtain the use of it for a certain predetermined period in agreement with the OWNER.

“SECURITY DEPOSIT”: Amount entrusted by the RENTER, intended to cover any damage caused to the VEHICLE during the RENTAL.

Article 1. General conditions of the RENTAL

Pursuant to the provisions of Articles 1713 et seq. of the French Civil Code, it is agreed that the OWNER rents out to the RENTER, on a non-professional or professional basis, the VEHICLE specified at the time of BOOKING, in return for the agreed REMUNERATION and subject to the charges and conditions set out below. Any modification made to the AGREEMENT or its clauses revokes BIKUP's ability to mediate.

This RENTAL is expressly agreed and accepted in accordance with the laws and regulations in force applicable in this area.

1.1 Purpose and use

The VEHICLE hereby rented is exclusively intended for private and personal use, for tourism and leisure purposes. BIKUP cannot be held responsible for any misuse of the VEHICLE or for any resulting harm.

The RENTER enjoys the VEHICLE and uses it under normal and standard conditions of use.

In particular, the RENTER undertakes to take all necessary customary precautions and to comply strictly with the rules of the highway code and the regulations in force.

1.2 Assignment and subletting

The RENTER may not assign, sublet or lend the rented VEHICLE to anyone for any reason whatsoever. However, if the VEHICLE needs to be repaired, the employees of a bike repair shop are authorised to handle the VEHICLE, provided that the OWNER has been informed beforehand and has given their written consent.

1.3 Cost and fees of the RENTAL

The total amount of the RENTAL is paid in advance via the PLATFORM. The transfer of the REMUNERATION is initiated automatically to the OWNER's account four days after the end of the RENTAL, subject to the provisions of Article 5.4.

For any sums relating to accessories or optional services for which the OWNER wishes to charge, the OWNER must inform the RENTER beforehand and reach an agreement on the amount, which will be paid in person before departure.

1.4 Rental agreement

The RENTAL AGREEMENT must be signed on the day of departure in the presence of both parties. If the OWNER and the RENTER do not share a common language, it is the parties' responsibility to understand the content before signing it.

The digital agreement is available in PDF format on the PLATFORM here. Please note: if the RENTAL takes place in Portugal, the RENTER must carry a RENTAL AGREEMENT in Portuguese, as required by law. The condition report must be carried out on the day of departure and on the day of return.

1.5 Countries of use of the VEHICLE

Use of the VEHICLE throughout the RENTAL is authorised only in the countries indicated at the time of the request. If the VEHICLE is immobilised following a breakdown or incident abroad, and unless the OWNER has given written consent to travel to a foreign territory, the RENTER may have to bear additional costs for the repatriation of the VEHICLE.

Article 2. Handover and return of the VEHICLE

2.1 Handover of the VEHICLE

2.1.1 Conditions for carrying out the condition report

The HANDOVER of the rented VEHICLE must take place in a very well-lit location so that the DEPARTURE CONDITION REPORT can be carried out in good conditions.

The RENTER undertakes to collect the VEHICLE at the address provided in the BOOKING details, unless otherwise agreed by mutual agreement with the OWNER.

2.1.2 Acceptance of the vehicle

The HANDOVER of the VEHICLE by the RENTER implies, unless a written reservation is made on the RENTAL AGREEMENT, that the RENTER takes the VEHICLE in the condition in which it is found and confirms that the VEHICLE is in perfect working order, rideable and clean. As soon as the RENTER takes possession of the VEHICLE, the RENTER is responsible for its use, control and protection.

2.1.3 Refusal to take over the vehicle

The RENTER is entitled to refuse the RENTAL if the main characteristics of the VEHICLE do not match the description of the LISTING offered on the PLATFORM. The VEHICLE must match the photographs shown on the PLATFORM. In the event of a dispute, the RENTER must provide proof of the VEHICLE's non-conformity (photographs, videos…) by email to litige@bikup.app within 24 hours of the start of the RENTAL.

The RENTER must ensure that the VEHICLE and all its equipment are in good working order during the DEPARTURE CONDITION REPORT. By taking possession of the VEHICLE, the RENTER begins the RENTAL and may then not claim a refund or goodwill gesture from BIKUP regarding the condition of the VEHICLE.

2.1.4 Carrying out a joint condition report

Both parties to the RENTAL AGREEMENT carry out the DEPARTURE CONDITION REPORT and the ARRIVAL CONDITION REPORT together and record the information on the RENTAL AGREEMENT (paper or digital). It is up to the parties to agree on the language in which comments are written on the digital agreement or, where two paper agreements are filled in, to ensure that the information written on both copies matches, whatever the language used.

The parties undertake to draw up a DEPARTURE CONDITION REPORT and an ARRIVAL CONDITION REPORT that are as thorough as possible. The DEPARTURE CONDITION REPORT and the ARRIVAL CONDITION REPORT are drawn up jointly between the parties and have the same evidential value; the burden of proof lies with the party contesting their accuracy.

In the absence of a DEPARTURE CONDITION REPORT of the VEHICLE drawn up jointly between the parties on the day the RENTAL begins, the RENTER is deemed to have received said vehicle in good working order and clean without any further formality.

2.2 Return of the VEHICLE

The return of the rented VEHICLE must take place in a very well-lit location so that the ARRIVAL CONDITION REPORT can be carried out in good conditions.

The ARRIVAL CONDITION REPORT must be carried out by the same people as the DEPARTURE CONDITION REPORT. Otherwise, the OWNER must immediately return the SECURITY DEPOSIT. Exceptions will be tolerated if the person in charge of the ARRIVAL CONDITION REPORT is absent due to force majeure and with the prior written consent of the RENTER.

When the VEHICLE is returned, the OWNER is deemed to have received said VEHICLE in good working order and clean without any further formality. In the event of damage reported during the RETURN CONDITION REPORT whose accuracy the RENTER disputes, it is up to the RENTER to provide the necessary evidence that they are not responsible for the damage. Otherwise, the RENTER cannot be released from their responsibility.

2.3 Responsibility of the RENTER

The RENTER is only released from their contractual responsibility upon handing the VEHICLE back to the OWNER, provided that no damage is found and reported on the ARRIVAL CONDITION REPORT. Otherwise, the RENTER remains bound to the OWNER and must comply with the clauses of the RENTAL AGREEMENT until a solution has been found to the incident or problem(s) reported.

The VEHICLE made available to the RENTER must be returned in the condition recorded at the time of the DEPARTURE CONDITION REPORT. The OWNER must request a repair quote from the bike repair shop of their choice. If BIKUP considers the amount of the repairs to be too high, the OWNER undertakes to obtain a second quote from another bike repair shop within the time limit set by BIKUP. The second quote may not be requested from a bike repair shop where the OWNER or any member of their family is an employee or manager.

If the RENTER damages the VEHICLE, the RENTER remains liable and must pay the cost of the repairs.

2.4 Lateness of either party

By default, the pick-up time for the VEHICLE is set at 9 a.m. on the day of departure. As for the return time of the VEHICLE, it is set, by default, at 8 p.m. These times are given as a guide and apply unless otherwise agreed between the two parties.

Any lateness of more than two hours by the OWNER or the RENTER for the DEPARTURE CONDITION REPORT or the EXIT CONDITION REPORT is charged according to the following principle: beyond 2 hours and up to 6 hours of lateness, the injured party is entitled to claim payment of 10 euros per hour of lateness. Beyond 6 hours, the injured party is entitled to claim an amount equivalent to the OWNER's REMUNERATION for one day of RENTAL, increased by one hundred percent (100%). This claim is to be made directly between the parties, with the sums due paid by the means of payment agreed between them.

If the OWNER is more than 2 hours late, the RENTER is entitled to request the cancellation of the RENTAL and to receive a 100% refund of the RENTAL. In such a situation, the OWNER faces the suspension of their LISTING and a penalty of €50 payable to BIKUP as compensation for the loss of service quality. These sanctions do not apply where the lateness is due to a proven case of force majeure.

Article 3. Responsibility of the OWNER

The OWNER undertakes to provide a VEHICLE in perfect working order, rideable and clean, after checking the tyre pressure and the braking system in the case of a bike.

The OWNER undertakes to ride their VEHICLE and carry out a few manoeuvres in the presence of the RENTER in order to detect any possible anomaly (suspicious noise, malfunction …), on the day of departure and the day of return of the VEHICLE.

If the VEHICLE is damaged before the RENTAL, the OWNER is obliged to inform the next RENTER in order to agree on any financial or in-kind arrangement.

Article 4. Responsibility of the RENTER

The RENTER must make sure that the vehicle is secure when leaving it. The RENTER must take all necessary measures to prevent theft. Neither the OWNER nor BIKUP can be held responsible for theft, loss or damage to property belonging to the RENTER and passengers. In the event of attempted break-in or theft, and with no identified or identifiable third party, all damage resulting from the break-in or theft will be borne by the RENTER.

The RENTER undertakes to inform the OWNER and BIKUP immediately and without delay by telephone and/or email in the event of an accident and/or damage to the VEHICLE.

The RENTER is required to inform the OWNER and BIKUP by telephone and/or email of any maintenance or repair work carried out on the VEHICLE. The invoice may then be paid by the RENTER in order to continue the RENTAL. The cost of the repairs will be borne by the responsible party depending on the cause of the incident.

The RENTER undertakes to look after the VEHICLE carefully and diligently and with the same precautions as if it were their own VEHICLE. The RENTER is required to carry out normal, constant and regular maintenance of the VEHICLE throughout the period of performance of the agreement and for as long as they hold said VEHICLE.

The RENTER must bear all the costs of repairing the VEHICLE made necessary by damage resulting from their own actions, from third parties to the RENTAL AGREEMENT or from any damage caused by an unidentified third party.

The RENTER undertakes to return the VEHICLE in perfect working order and rideable. If a cleaning package was included in the RENTAL price, the RENTER is not obliged to clean the VEHICLE. If the cleaning package was not included, the RENTER must return the VEHICLE having cleaned it. Such conditions must be at least similar to those in which the RENTER took the VEHICLE on RENTAL. Failing such return conditions and unless otherwise stated on the DEPARTURE CONDITION REPORT, the OWNER will be entitled to claim a financial penalty of fifteen euros, to be deducted from the security deposit by the OWNER.

The RENTER must regularly check the tyre pressure of the VEHICLE and pump them up whenever necessary.

The RENTER is responsible for all damage caused by their own actions, by their own negligence or that of third parties during the RENTAL period of the VEHICLE.

The RENTER may not make any irreversible modification or alteration to the VEHICLE without the prior express consent of the OWNER.

Article 5. Incidents and breakdowns

5.1 Reporting a breakdown

In the event of a breakdown during the RENTAL period of the VEHICLE, the RENTER must inform the OWNER.

If the breakdown concerns a piece of equipment and does not prevent the VEHICLE from being ridden safely, the RENTER undertakes to follow the OWNER's instructions and go to a bike repair shop if requested. If the breakdown requires repairs or replacement parts that may be necessary for the VEHICLE to be operational again, the RENTER must obtain written consent from the OWNER, in the form of an electronic message sent via the PLATFORM, by email or by text message (“SMS”), before authorising the bike repair shop to work on the VEHICLE. If the OWNER agrees to the repairs being carried out, the RENTER may instruct the professionals to carry out the repair. The invoice may then be paid by the RENTER in order to continue the RENTAL.

5.2 Allocation of repair costs

The cost of repairs will be borne by the RENTER or the OWNER depending on the cause of the incident. The costs may be split 50/50 if there is no evidence as to the cause of the breakdown.

The breakdown table below shows the responsibility of each party, depending on the part that has broken down:

If the mechanical incident results from misuse by the RENTER, a third party or a fixed object and the RENTER is found responsible, the RENTER will then be required to pay for all resulting repairs.

If the mechanical incident results from normal and regular wear of the mechanics or poor maintenance of the VEHICLE, the OWNER will then be held responsible and must bear the cost of the repairs. If the RENTER has advanced this amount, the OWNER is obliged to reimburse it on presentation of the corresponding invoices.

The RENTER undertakes to ensure that said repairs are carried out exclusively by a bike repair shop that is competent and authorised to carry out the repairs.

If it remains impossible to determine responsibility for the incident, the OWNER and the RENTER shall share responsibility and the cost of repairs 50/50.

For any damage to the rented VEHICLE, OWNERS may be asked for a second quote for comparison purposes if BIKUP deems it necessary, provided that the condition of the VEHICLE allows it to be taken to a second bike repair shop.

Superficial cosmetic damage

If the VEHICLE shows superficial cosmetic damage that occurred during the RENTAL, the OWNER should favour repairing rather than replacing the part, at the RENTER's expense. Superficial cosmetic damage includes damage such as scratches, scuffs and small dents.

Where superficial cosmetic damage cannot be repaired, the RENTER is required to compensate the OWNER. The amount of compensation will be determined according to the size of the damage and the original price of the part:

• for an item worth 40 EUR or less: the RENTER must replace the part or leave a sum equivalent to the price of a replacement part, on presentation of proof of purchase.
• for an item worth more than 40 EUR: BIKUP will arbitrate between the parties based on criteria such as: the size of the damage relative to the damaged surface, the functionality of the damaged item, the initial value of the damaged item. These criteria are non-exhaustive and will be established and communicated by BIKUP for each case. Any compensation for damage deemed cosmetic payable by the RENTER may not exceed €80. Once the arbitration relating to cosmetic damage has been issued, the parties undertake to comply with the decision and the deadlines communicated.

5.3 Repatriation of the VEHICLE

If the OWNER refuses the repair or the mechanical breakdown immobilises the VEHICLE, it will then be up to the OWNER to collect their VEHICLE from the bike repair shop that carried out the necessary repairs.

If the immobilisation is due to misuse or an accident caused by the RENTER, the OWNER may deduct the cost of the return journey to their home from the SECURITY DEPOSIT provided by the RENTER.

If the cause of the immobilisation is accidental or cannot be determined, the return costs borne by the OWNER will be shared equally, i.e. 50% for each party to the RENTAL AGREEMENT.

If the immobilisation of the VEHICLE results from normal wear or from negligence in the regular maintenance for which the OWNER is responsible, the OWNER must bear the full cost of the return journey to collect their VEHICLE.

The SECURITY DEPOSIT provided as part of the RENTAL may be used to apply such measures.

Regarding the repatriation distance of the VEHICLE, all countries to be visited other than the VEHICLE's country of origin indicated in the LISTING details must be mentioned on the RENTAL AGREEMENT or be the subject of a written agreement with the OWNER. Otherwise, the RENTER will be charged the full cost of the return journey.

5.4 Refund of unused days

If the mechanical incident results from misuse by the RENTER, a third party or a fixed object and the RENTER is found responsible, the RENTER will not be entitled to any refund proportional to the unused days (excluding ADMINISTRATION FEES). The ADMINISTRATION FEES will not be refundable.

In the event of the RENTAL being interrupted following a breakdown of the VEHICLE for which the RENTER cannot be held responsible, the OWNER undertakes to refund the RENTER the amount of their REMUNERATION pro rata to the number of unused days. The ADMINISTRATION FEES will not be refundable. Said refund will be made directly between the parties. The OWNER alone is responsible for this refund. In the absence of said refund, the RENTER may take legal action against the OWNER.

If responsibility for the breakdown cannot be determined, the OWNER undertakes to refund the RENTER 50% of their REMUNERATION pro rata to the number of unused days. The ADMINISTRATION FEES will not be refundable. Said refund will be made directly between the parties. The OWNER alone is responsible for this refund. In the absence of said refund, the RENTER may take legal action against the OWNER.

BIKUP reserves the right to delay the transfer of the OWNER's REMUNERATION if a breakdown is reported or a dispute is opened for the RENTAL, until the dispute and/or breakdown has been resolved.

Article 6. Security deposit

The SECURITY DEPOSIT may be used to cover the cost of repairing the VEHICLE in the event of an incident or damage. The handling of the SECURITY DEPOSIT is conditional on both parties signing the RENTAL AGREEMENT and the DEPARTURE CONDITION REPORT.

The OWNER receives the SECURITY DEPOSIT in person; its amount must be indicated on the RENTAL AGREEMENT. The SECURITY DEPOSIT may be provided by cheque, in cash or by any other means of payment previously agreed between the RENTER and the OWNER. If the SECURITY DEPOSIT is not provided on the day of departure, the OWNER must refuse the RENTAL and therefore cancel this RENTAL. The RENTER will then not receive any refund.

If, during the ARRIVAL CONDITION REPORT, the VEHICLE shows no anomaly, the OWNER must return the SECURITY DEPOSIT when the VEHICLE is returned.

In the event of damage noted on the ARRIVAL CONDITION REPORT that was not recorded on the DEPARTURE CONDITION REPORT, the OWNER must keep the entire security deposit without cashing it until the amount of the repairs to be carried out is known. The SECURITY DEPOSIT is kept by the OWNER while the case is being reviewed and may be kept permanently, in whole or in part, if the arbitration communicated in writing by BIKUP indicates full or partial responsibility of the RENTER. The details of the amount to be kept and/or returned are indicated by BIKUP, along with the deadlines to be met.

An amicable resolution is strongly encouraged, but in the absence of agreement between the parties, the OWNER and the RENTER must report the dispute via the form on the PLATFORM, or by email to litige@bikup.app in the RENTAL details within 24 hours of the end of the RENTAL. The OWNER should provide photos of the DEPARTURE CONDITION REPORT, the signed RENTAL AGREEMENT and photos of the damage.

Please note that the SECURITY DEPOSIT may not be used to pay for costs related to the OWNER's travel to obtain quotes or carry out repairs on the VEHICLE.

The SECURITY DEPOSIT may not be withheld by the OWNER, in whole or in part, once BIKUP instructs the OWNER to return all or part of the amount to the RENTER. Failing return within the time limit communicated in writing, the OWNER bears full and entire responsibility before the competent authorities. BIKUP undertakes to suspend the listing of an OWNER who wrongfully withholds a SECURITY DEPOSIT in the context of mediation. If BIKUP has not been informed of the withholding of the security deposit within the time limit eligible for reporting damage, the mediation effort cannot be guaranteed.

Article 7. Dispute

An amicable resolution is the preferred option for the rapid handling of any damage or breach of the RENTAL AGREEMENT. The SECURITY DEPOSIT and the provisions of these clauses enable the parties to find an amicable solution. If, however, there is a conflict between the parties, BIKUP offers a mediation service. Our team does not have the expertise of a lawyer or legal department and offers support based on these clauses and its experience as an intermediary platform. The intervention of our mediation service will be charged at fifty euros (€50) to the OWNER and fifty euros (€50) to the RENTER.

In parallel or in the event of failure, the parties may bring the matter before the competent court in their own name. The parties to the agreement may apply to the local court judge (juge de proximité), who has jurisdiction over disputes of less than €4,000.

In the context of the mediation offered by BIKUP, the RENTER and the OWNER undertake to comply with the deadlines indicated from the report until the cases are closed. The mediation procedure can only be provided if said deadlines are met.

By default, mediation carried out by BIKUP may not exceed 30 consecutive working days for the same report. The parties undertake to comply with the decision announced when the case is closed by honouring the deadlines indicated by our team, the compensation provided for and the return of the SECURITY DEPOSIT, where applicable, in accordance with the instructions given. In the event of a challenge to the closure of the case, the opposing party or parties may have their user account and VEHICLE listing suspended, where applicable. In certain cases, a processing time of more than 30 days may be granted by decision of the BIKUP team.