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Breakage and theft guarantee

Definitions

Accident : Any sudden, unforeseeable event resulting from a cause external to the Insured Good, caused or not by the user, and suffered by the Insured Good.
Anti- theft device approved : Anti-theft device provided by Le vélo van.
Property guaranteed: The rented bicycle, the references of which appear on the rental contract. Breakage : the risk of Material Damage altering the Insured Good. The Breakage may be partial (when the Insured Good is repairable) or total (when the Insured Good is irreparable).
Customer: Anyone renting a bike from Le vélo van.
Accidental material damage : Any destruction, total or partial deterioration, externally visible, interfering with the use – in accordance with the manufacturer’s standards – of the Insured Good and caused by an Accident.
Guarantee : The guarantees relating to the Contract, namely Breakage and Theft.
Negligence : Lack of precaution or prudence, intentional or not, which is at the origin of the Claim or facilitates its occurrence.
Natural disaster phenomenon: The phenomenon caused by the abnormal intensity of a natural agent (such as in particular: flood, landslide, mudslide, drought, earthquake, etc.). The phenomenon of natural disaster must first be noted by Interministerial Order to open the right to compensation, within the meaning of the Contract.
Fixed point of attachment : Fixed, immobile and fixed part, in stone, metal or wood, attached to a solid wall or the ground, and from which the Insured good cannot be detached even by lifting or tearing it off.
Claim : Event likely to implement the Guarantee.
Third party : Any natural person other than the Client, his spouse or partner, his PACS partner, his ascendants or his descendants.
Wear : Gradual deterioration of the Insured Good due to use in accordance with the manufacturer’s instructions for use or maintenance.
Value of the Good : The purchase value excluding VAT, of the guaranteed Good
Theft : Fraudulent dispossession by a Third Party of the Property guaranteed either by assault or by breaking and entering.
Theft by aggression: Theft by means of threats or violence exerted by a Third Party; Burglary : Theft by force or destruction:
– any device for closing a real estate premises built in hard, closed and covered, a dwelling, a vehicle,
– or, outdoors, an approved Lock connecting the Insured Good to a Fixed Attachment Point.

1. Object and limits of the Guarantee

Claims occurring to the Insured Goods are covered subject to the exclusions and limits of the Guarantee as well as compliance with the reporting deadlines and formalities provided for in this Contract.

1.1 Purpose of the Guarantee

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

In the event of Theft, the Insured Good will be reimbursed within the limits defined in article 1.2 and the conditions defined in article 4 of this Contract.

1.2 Limits of the Guarantee

During the term of the rental contract, is covered:

In the event of breakage: 1 (one) Single claim per Good guaranteed within the limit of the repair invoice excluding VAT (which cannot exceed the Value of the good) minus a deductible of 10% and a minimum of €10 .

In the event of theft: 1 (one) Single Claim per Good guaranteed within the limit of the Value of the Good minus a deductible of 10%.

2. Exclusions

2.1 Common exclusions

Are excluded in all cases:

  • Claims related to professional use of transporting people 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 damages or losses suffered by the Customer during or following a Claim;
  • Claims resulting from Negligence;
  • The Customer’s civil liability;
  • The original non-fixed accessories (speedometer, lighting system, bicycle pump, water bottle and saddlebags);
  • Acts of war or civil war, riots, internal disturbances, acts of violence for political reasons, terrorist attacks or acts, strikes, expropriations or interventions similar to expropriation, seizures, natural disasters or nuclear energy.

2.2 Exclusions specific to the Flight

The following are excluded from the Theft Guarantee:

  • Theft other than theft by assault or burglary;
  • Burglary on the public highway of Property not attached by a Lock to a fixed Attachment point;
  • The theft of electric bicycle batteries not equipped with an anti-theft system integrated into the frame of the bicycle and fitted as standard by the manufacturer.

2.3 Exclusions specific to the Breakage

Are excluded from the Breakage Guarantee:

  • Any Damage resulting from a modification or transformation of the Property;
  • Any Damage related to wear and tear;
  • Any Damage resulting from a fire, a natural disaster phenomenon, the fall of lightning, or frost;
  • Any damage related to the failure of the battery of electric bicycles;
  • Any Damage resulting from the prolonged effect of use (oxidation, corrosion, rust encrustation, fouling, scaling);
  • Damage occurring during events, races, competitions;
  • Any Damage covered by one of the legal warranties incumbent on the manufacturer or the distributor;
  • Any Damage resulting from non-compliance with the instructions for use and maintenance appearing in the manufacturer’s manual;
  • Cosmetic Damage, discoloration, pitting, staining, scratching, chipping, peeling, dents, swelling or graffiti;
  • The costs of estimates or repairs incurred by the Customer without the agreement of Le vélo van .

3. Declaration of Claim and supporting documents

3.1 How to report a claim

As soon as he becomes aware of a Claim, the Customer must declare it no later than:

  • For the Breakage Guarantee, within 5 working days (except fortuitous event or force majeure);
  • For the Theft Guarantee, within 2 working days. The claim declaration is made to the lessor.

3.2 Which supporting documents to provide?

The Customer must provide Le vélo van with:

In all cases :

  • a sworn statement relating the exact and detailed circumstances of the Claim (in particular date, time and place of the Claim);

In case of theft :

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

The Client must:

In the event of theft on public roads:

  • Provide the keys to the lock provided by Le vélo van.

In addition, the Customer must provide Le vélo van with any document that his Tulip insurance company deems necessary to assess the merits of his claim for compensation;

4. Terms of compensation

The claim will be covered if all the supporting documents presented in article 3.2 have been received and validated by Le vélo van. Otherwise, Le vélo van reserves the right not to cover the Customer’s claim and to deduct the amount due.

5. Miscellaneous Provisions

Territoriality : The Guarantee is granted to the Customer for Claims occurring in metropolitan France.

False declaration : Any false declaration made by the Customer on the occasion 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.

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