Contract clauses

Definitions

The terms defined below, whenever capitalized in these terms and conditions of use, whether used in the singular or plural, shall have the meanings set out hereafter.

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

“SERVICE FEES or FILE FEES”: refers to the costs related to operating our platform, enabling us to provide services such as customer support during your trip. VAT included.

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

“VEHICLE”: refers to any bicycle, accessory, or cycling equipment offered for RENTAL on the PLATFORM (including, but not limited to, gravel bikes, panniers, cargo bikes, etc.).

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

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

“HANDOVER”: refers to the moment the VEHICLE is handed over on the first day of the RENTAL. The time spent on the DEPARTURE CONDITION REPORT and the RETURN CONDITION REPORT is an integral part of the rental period provided for in the contract.

“DEPARTURE CONDITION REPORT”: refers to the document describing the condition of the VEHICLE at the time of HANDOVER, carried out between the RENTER and the OWNER (or their representative). It must be as complete as possible, including photos and comments, and signed by both parties before departure, either on the contract provided by the OWNER or via the PLATFORM.

“RETURN CONDITION REPORT”: refers to the document describing the condition of the VEHICLE at the end of the RENTAL, including a damage report in case of an incident. It must be as precise as possible.

“EARNINGS”: Amount paid to the OWNER of a LISTING in exchange for making the LISTING available for RENTAL.

“OWNER”: refers to any natural or legal person, professional or private individual, able to justify full ownership of a VEHICLE upon first request by BIKUP and/or a RENTER. By extension, also refers to the agent of an OWNER, who must justify the existence and scope of the mandate received.

“PLATFORM”: Website and mobile applications offered to USERS to access BIKUP’s SERVICE.

“RENTAL CONTRACT”: Contract by which an OWNER grants the use of a LISTING for a fixed period and price. It sets out the conditions applicable between the parties during the rental period. This contract is concluded between the OWNER and the RENTER.

“BOOKING”: Action taken by a RENTER to reserve a LISTING and obtain its use for a predefined duration, in agreement with the OWNER.

“SECURITY DEPOSIT”: Amount provided by the RENTER to cover any potential damage to the VEHICLE during the RENTAL.

Article 1. General rental conditions

Pursuant to Articles 1713 et seq. of the French Civil Code, it is agreed that the OWNER rents the VEHICLE specified at the time of BOOKING to the RENTER on a non-professional basis, in return for the agreed EARNINGS and subject to the terms and conditions set out below. Any modification to the CONTRACT or its clauses revokes BIKUP’s mediation capacity.

This RENTAL is expressly agreed and accepted in accordance with applicable laws and regulations.

1.1 Purpose and use

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

The RENTER uses the VEHICLE under normal and standard conditions of use and agrees to take all necessary precautions, strictly complying with road traffic laws and applicable regulations.

1.2 Assignment and subletting

The RENTER may not assign, sublet, or lend the rented VEHICLE to any third party for any reason. However, in the event repairs are required, employees of a bicycle repair shop may handle the VEHICLE, provided the OWNER has been informed in advance and has given written consent.

1.3 Rental cost and fees

The total RENTAL amount is paid in advance via the PLATFORM. The OWNER’s EARNINGS are paid four days after the end of the RENTAL.

Any optional accessories or services for which the OWNER wishes to charge must be communicated to the RENTER in advance and agreed upon, with payment made in person before departure.

1.4 Rental contract

The RENTAL CONTRACT must be signed on the day of departure in the presence of both parties. If the parties do not share a common language, it is their responsibility to fully understand the contract before signing.

A digital version of the contract is available in PDF format on the PLATFORM here.
Please note: if the RENTAL takes place in Portugal, the RENTER must carry a RENTAL CONTRACT in Portuguese, as required by law. Condition reports must be completed on both departure and return days.

1.5 Countries of use

Use of the VEHICLE is authorized only in the countries indicated at the time of booking. In case of immobilization abroad due to a breakdown or incident, and unless the OWNER has given written authorization to travel abroad, the RENTER may be required to bear additional repatriation costs.

Article 2. Handover and return of the VEHICLE

2.1 Handover of the VEHICLE

2.1.1 Conditions for the condition report

Handover must take place in a well-lit area to properly complete the DEPARTURE CONDITION REPORT.

The RENTER must collect the VEHICLE at the address provided in the BOOKING details, unless otherwise agreed with the OWNER.

2.1.2 Acceptance of the vehicle

Taking possession of the VEHICLE implies, unless otherwise stated in writing in the RENTAL CONTRACT, that the RENTER accepts the VEHICLE as-is and confirms its proper functioning, handling, and cleanliness. From that moment, the RENTER assumes responsibility, use, control, and protection of the VEHICLE.

2.1.3 Refusal of handover

The RENTER may refuse the RENTAL if the main characteristics of the VEHICLE do not match the LISTING description or photos. Proof of non-conformity (photos, videos) must be sent within 24 hours of the rental start to litige@bikup.app.

Once the RENTER takes possession of the VEHICLE, the RENTAL begins and no refund or compensation may be claimed from BIKUP regarding the VEHICLE’s condition.

2.1.4 Joint condition reports

Both parties must complete the DEPARTURE and RETURN CONDITION REPORTS together, either on paper or digitally. These reports carry equal evidentiary value.

If no joint DEPARTURE CONDITION REPORT is completed, the RENTER is deemed to have received the VEHICLE in good working condition and clean.

2.2 Return of the VEHICLE

Return must take place in a well-lit area to complete the RETURN CONDITION REPORT.
If damage is disputed, the RENTER must provide proof of non-liability; otherwise, responsibility remains with the RENTER.

2.3 RENTER’s liability

The RENTER remains liable until the VEHICLE is returned without damage.
Any repairs required due to damage caused by the RENTER must be paid by the RENTER.

2.4 Delays by either party

Default handover time is 9:00 AM; default return time is 8:00 PM, unless otherwise agreed.

Delays over 2 hours may result in penalties, and delays over 6 hours may lead to compensation equal to one day’s rental plus 100%.

Article 3. OWNER’s responsibility

The OWNER must provide a VEHICLE in perfect working order, clean, and properly maintained.

Article 4. RENTER’s responsibility

The RENTER must secure the VEHICLE at all times and is responsible for theft, damage, or loss occurring during the RENTAL.

Article 5. Incidents and breakdowns

Breakdowns must be reported immediately to the OWNER.
Repair costs are borne by the responsible party, or split 50/50 if responsibility cannot be determined.

A detailed table defines responsibility by type of breakdown.

Article 6. Security deposit

The SECURITY DEPOSIT may be used to cover repair costs. It is managed directly between OWNER and RENTER and must be returned if no damage is found.

Abusive retention of the deposit may result in suspension of the OWNER’s listing.

Article 7. Disputes

An amicable solution is strongly encouraged.
If no agreement is reached, BIKUP offers a mediation service, billed at €50 to each party.

If mediation fails, parties may refer the matter to the competent court.