General rental conditions
The subscriber to the Lease Agreement is referred to as the Lessee.
The Lease Agreement ("Agreement") is made by and between the "Lessor" and the "Lessee".
1. PURPOSE OF THE GENERAL RENTAL CONDITIONS
1.1 The purpose of this document titled General Rental Conditions is to define the rules and conditions under which the Lessor makes available to the Lessee the mentioned electric bicycle.
1.2 The Lessor agrees to lease to the Lessee, and the Lessee agrees to lease from the Lessor, the electric bicycle described in the Lease Agreement.
1.3 The rented electric bike comes with a basic equipment consisting of the following accessories: electric motor assistance system, battery, and console.
1.4 The rental duration of the electric bicycle is clearly stipulated in the Lease Agreement.
2. PERSONAL CONDITION OF THE LESSEE
The Lessee declares themself to be fit for cycling and to have, to their knowledge, no medical contraindications preventing them from cycling.
Minors wishing to rent an electric bicycle must provide authorization signed by a legal representative.
The Lessor cannot be held responsible for damages caused by the Lessee unfitness under any circumstances.
3. RESPONSABILITIES AND COMMITMENTS OF THE LESSEE
Electric bicycle, equipment, and accessories are known to comply with the regulations in force at the time of their rental and to be in good working order. The equipment and accessories are fixed according to safety standards.
It is the Lessee's responsibility to ensure they are covered by liability insurance. To this end, the user is required to declare and certify that they are indeed covered by liability insurance. The Lessee releases the Lessor from any liability arising from the use of the rented equipment, particularly concerning accidents and damages caused to third parties due to the use of the electric bicycle.
The Lessee declares that they had full latitude to check the "rented equipment" (electric bike and its accessories) and that no opposition was made to prevent them from doing so.
The "rented equipment" remains the property of the Lessor for the entire rental period and until the above said "rented equipment" is returned.
The return is considered effective upon the signing of the return agreement.
Under no circumstances may the Lessee rent to a third party (whoever it may be).
Thus, with this agreement, it is clearly specified and understood the Lessee shall not assign, lend, or transfer the electric bicycle to any third party without the Lessor's written consent.
The Lessee shall use the E-Bike only for private purposes and not for commercial activities (e.g., food delivery, courier services). If, as an exception, permission is granted to use the electric bicycle for commercial purposes, it must be clearly stated in the Lease Agreement, specifying precisely what commercial activity is authorized with the rented electric bicycle, including any usage restrictions if there are any.
The Lessee acknowledges that the "rented equipment" is in perfect working condition.
The Lessee agrees to use the "rented equipment" in normal conditions, with care and within the usage and capacity limits of this equipment. The Lessee agrees to comply with the usage and safety instructions that will be provided to them by the Lessor.
The Lessee agrees not to load heavy weights on the luggage racks.
No more than SIX kilograms for the front luggage racks/ No more than TWELVE kilograms for the rear luggage racks.
Taking into account normal wear and tear, normal use, and normal maintenance conditions, the Lessee agrees to return the "rented equipment" in its original condition.
The Lessee agrees to return the "rented equipment" by the agreed date specified in the Lease Agreement.
While using the electric bicycle, the Lessee declares to comply with the current traffic code.
If the Lessee violates the laws and regulations in force during the rental, the Lessor cannot be held responsible for their action(s) under any circumstances.
The Lessee agrees to do everything possible to prevent the theft or damage of the "rented equipment". To this end, regardless of the duration of parking the electric bicycle, he agrees to secure it to a fixed point using the provided lock or to use (if the electric bicycle has one) the existing lock for an electric bicycle.
In the event of a technical failure of the electric bicycle during the location, the Lessee agrees not to undertake any repair work on their own initiative. The Lessee must inform as soon as possible the Lessor and, if possible, the Lessee must return the electric bicycle to the Lessor. In the absence of fault liability on the part of the Lessee and at the request of the Lessee, the electric bicycle will be replaced for the remaining period with an electric bicycle of the same type, subject to availability.
The Lessee may not claim reimbursement of expenses or bills, nor damages.
Any aggressive, disrespectful behavior, or refusal to comply with the present Lease Agreement by the Lessee may result in a rental denial or even the termination of the present agreement to the Lessee's detriment.
4. SUBSCRIPTION OF THE LEASE AGREEMENT AND RENTAL TERMS
In order to sign the Lease Agreement, the Lessee must present an identity document such as an identity card or passport. A copy of this identity document will be made or a photo may be taken.
Rental duration, extension, termination
Any rental, regardless of the duration chosen at the time of subscription, is due in full.
To return the rented electric bicycle, the Lessee must come at least 30 minutes before the rental service closes. The Lessee may, if he wishes, renew the rental. In case of renewal, the Lessee must present the rented electric bicycle. At the end of the rental period, in case of non-return of the electric bicycle, the delay or non-return will be charged in accordance with articles 6 and 7 which follow in this agreement.
Rates and payment terms
The rental rates, security deposits, and late return penalties for electric bicycles, as well as payment terms, are displayed. The prices charged correspond to the rates in effect on the day of the rental and as displayed. The Lessor reserves the right to change the rates at any time. In this case, the Lessee will be informed one month in advance, and the displayed rates will be adjusted accordingly.
The new rates will only apply to the Lessee once the previous rental period has expired and from the commencement of a new rental period. The Lessee is required to pay for his rental period in advance. If the Lessee wishes to renew the rental period of an electric bicycle, the subsequent rental period must be paid as soon as it comes into effect. Otherwise, the lesseee will be subject to late penalties.
The accepted payment methods by the Lessor are by credit card, ABA (or any other Khmer Bank Application ; if available), or in cash. Bank transfers may be accepted on the sole condition that they have been made before the availability of the electric bicycle.
5. SECURITY DEPOSIT AND CAUTION
Prior to the handover of the rented electric bicycle and the equipment rented with, the Lessee, in addition to presenting an ID as stated in Article 4 of the present General Rental Conditions, must deposit a security deposit. This deposit can be an identity document (Passport or ID Card), a driver's license, or a credit card.
On the other hand, at the same time, the Lessor will ask the Lessee to pay a security deposit whose amount will be clearly indicated in the present Lease Agreement. This deposit is not cashed during the rental period. Upon the return of the rented electric bicycle along with the other rented equipment, the deposit will be refunded to the Lessee, minus any damages and the fees provided for in accordance with articles 6 and 7 of the present Lease Agreement. It is agreed by the Lessee that the amount of the security deposit shall in no case constitute a limit of liability, the Lessor retaining, where appropriate, the right to pursue the Lessee to obtain full compensation for his loss.
6. RESTITUTION
The rented electric bicycle must be returned no later than the day indicated on the Lease Agreement and which was established at the time of the bicycle's availability.
The deposit will be refunded by the Lessor to the Lessee when this agreement is definitively terminated and will be deemed void. For the concerned electric bicycle, any delay will incur a late fee of FIFTEEN USD per calendar day, knowing that any day started will be due. However, the Lessee, after an agreement with the Lessor, may renew the rental of the concerned electric bicycle for a new period ; In this case, late penalties will not be charged.
In the event of theft, the Lessee must provide proof, to the lessor and within a maximum period of 24 hours after the theft, of a complaint filed within 24 hours at a police station. The Lessor may provide the Lessee, if he wishes, a receipt proving that the amount deposited as a guarantee has been retained by the Lessor; this document should allow the Lessee to get reimbursed by their insurance. If the electric bicycle is returned to the Lessor, the Lessee who followed the procedure as outlined above will be refunded the amount of the deposit collected, minus any costs for restoring the electric bike if it has been damaged.
7. BILLING TO THE LESSEE
In case of non-compliance with the previous clauses of this Lease Agreement, or in case of damage to the rented equipment of any kind, the Lessee shall pay the costs that will be charged to them as follows:
● In the case of non-return of the electric bicycle, the purchase price of the related electric bicycle will be taken into account. However, a depreciation on this amount may be applied; this depreciation will be THREE% on the purchase value per month elapsed since the date of purchase of the related electric bicycle.
● In the event of repairs due to damage or missing parts, all costs for interventions, repairs, or replacement of missing parts will be charged in full in accordance with the "LIST OF COSTS FOR LOST OR DAMAGED ITEMS ON AN ELECTRIC BICYCLE" also signed by the Lessee before the electric bicycle is made available.
● Costs related to late penalties.
8. TERMINATION
8.1 This agreement terminates upon the return of the rented electric bicycle. Upon the return of the electric bicycle, the Lessee and the Lessor sign a return agreement which is a part and included in the Lease Agreement.
8.2 The Lessor may terminate immediately if the Lessee breaches any of the present General Rental Conditions.
9. GOVERNING LAW
This Lease Agreement shall be governed by the laws of Cambodia.
10. ENTIRE AGREEMENT
The Lease Agreement with the present General Rental Conditions constitute the full agreement between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement.
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