Terms of use

TERMS OF USE OF THE SERVICE ELO

Last updated: April 2, 2016.

 

Preamble

ELO (hereinafter referred Elo) developed the online platform accessible at elo.earth.

This platform is designed to offer users directly or through partner sites Elo, a search service and bicycle rental to electric assistance for individuals.

 

definitions

The terms defined below will between the parties the following meanings:

"Platform" structure set up by Elo and accessible online at elo.earth

"Account member" private space reserved for each member. It is accessible by login and password.

"Member" user over the age of 26 years old, holds an account on the platform, which can make use after acceptance of these conditions.

"User" generally anyone using the platform it simple visitor, owner or potential tenant.

"Owner" member natural or legal person, owner of an electric bike and allowed to rent, taking online rental ads said electric bike, for a fixed term of less than 366 successive days.

"Tenant": member natural person over 26 (twenty six) years and under 60 years, wishing to rent an electric assist bicycle to a fixed term.

"Rentals for" Bike Rentals for electrically assisted for a fixed term of less than 366 successive days.

"Total rental price" price including the amount of rent and compensation Elo.

"Deductible" amount to the tenant in case of disaster.

"Bond": the amount paid to the owner in rental period to cover all or part of the franchise when needed.

 

Object

These terms and conditions are intended to:

to define the conditions of access and use of the platform and the online service that is offered there;
to clarify the relations between members and the platform.


By accessing or using the platform you agree to its terms and conditions. If you do not agree with these terms, you are prohibited to use the platform.

 

contract Documents

 The contractual documents that are binding on members are:

these Terms of Use;
the Lease Agreement;
if necessary, the special conditions for some services available in the platform.


In case of contradiction between different documents or different rank, it is expressly agreed between the parties that the provisions of the higher rank document shall prevail for the bonds being in any conflict. In case of contradiction between the terms of the same order of documents, the latest documents dated prevail over others.

Will be applied to ranking criteria based on the following principles: obligation obligation; or failing paragraph by paragraph; or failing article by article.

 

Acceptance of Terms of Use

The member can benefit from the services that are offered on the platform subject to the acceptance of these conditions.

The member states have obtained from Elo all necessary information about the services offered and fully endorses the general conditions of use.

The member recognizes that the use of the platform requires compliance with all the requirements set in the present.

The acceptance of these terms as a "check box" is proof that the member knew those provisions and acceptance of these.

 

enforceability

These General Terms are binding upon acceptance by the user upon registration to the member area.

In all cases, the date of first use of the space member by the user, the terms and conditions are deemed to have read and apply.

Elo reserves the right to make these general conditions any changes deemed necessary and useful.

These conditions are binding for the duration of use of the member's area and until new terms and conditions replace.

Any use of the space member by the user after the changes of the general conditions is acceptance by the new terms and conditions.

The general conditions appearing online on the platform precedence over any printed version of earlier date.

The member may at any time renounce use the services and platform but remains responsible for any prior use.

 

 

CONDITIONS OF ACCESS AND IDENTIFICATION

Access to the platform

The service is available 24h / 24 and 7/7. However, Elo reserves the right, without notice or indemnity, to temporarily or permanently close the platform or access to remote services including performing an update, maintenance operations, modifications or changes to operational methods , servers and hours of availability, without this list being limiting.

Elo is not liable for damages of any kind that may result from these changes and / or temporary unavailability or permanent closure of all or part of the platform or services associated with it.

Elo reserves the right to supplement or amend, at any time, the platform and the services that are available depending on the evolution of technology.

In case of interruption or inability to use the platform, the member user may contact the Elo Customer Service for information to the following address: ecrire@elo.earth

 

Access to Members Area

Some parts of the platform are reserved and are accessible only to members after identification with their personal ID and password.

To open an account and become a member, the candidate user must first complete the online form on the platform.

By creating an account, you give permission to Elo disclose your personal information to third parties for verification.

You can not use the account of another member, allow others to use your account, or assign or transfer your account to another person or entity.

Elo reserves the right to accept or reject at its own discretion, without having to justify any application.

The registration process to the member area includes the following steps:

Step 1: The user completes an online registration form including completing the following data:
civility; first name; name; email address; password
Step 2: The user valid and accept the Terms of Service by checking the box provided for this purpose;
Step 3: Once the indicated information, the user submits the form and received a confirmation email to the email address provided. This letter will be accompanied by the general conditions of use and contract. The user is asked to save them digitally for future reference for all purposes.


The member has the choice to register or not to the newsletter Elo.

Upon registration, the member must provide the information required by Elo. This information should be accurate, justified first demand of Elo and be regularly updated by the member.

Members must enter a valid email address which will, inter alia, sending an email confirmation of registration.

By providing Elo his email address, you consent to it being used to send e-mails related to the service, including the notice required by law, in lieu of any communication by post.

By providing Elo his cell phone number, the member agrees that the platform uses this phone number to send SMS messages related to service. Elo will also use this e-mail address and / or mobile number to send other messages, such as changes related to the platform and / or special offers. If the member does not wish to receive such messages, it can unsubscribe or change its preferences in the settings page. That withdrawal of authorization may prevent the member to receive messages regarding updates, improvements of the platform or offers.

The member is solely responsible for the preservation and confidentiality of his password and other confidential data that would be him eventually by Elo.

The member is solely responsible for the activity that occurs on their account. Elo will not be liable for losses caused by unauthorized use of your account.

The member agrees to take all necessary measures to ensure the complete confidentiality.

Any use of a password is presumed use of the services of the platform by the member to whom it belongs.

Member agrees to immediately notify Elo any communication to third parties or theft of the password.

This notification must be sent to Elo email at: ecrire@elovelo.co. Only the receipt of the email date will prevail between the parties.

The member is solely responsible for the use of services that will be made under his password.

Member agrees not to create or use other accounts that initially created, either under its own identity or that of third parties, without the prior written permission of Elo. Otherwise, he will incur the suspension of his account and all services associated with it.

 

 

SERVICE

Service presentation and conditions of access to service

Elo offers users directly or through partner sites, an online service of research space and bicycle rental to electric assistance for individuals.

Access to the service is reserved:

It is specified that the proposed rent is only possible for a private bicycle use electrically assisted in France.

 

Service Rates

Access, registration and use of the platform are free.

Elo is paid when a rental application is confirmed between a tenant and a landlord.

The price shown on the platform corresponds to the total rental price, Elo compensation included.

 

Elo role

It is stated that under no circumstances and at no time, Elo's owner or possessor of electric bikes available for rent on the platform.

 

 

OPERATION OF SERVICE

The use of the online service includes the following main steps:

 

Placing an ad

The member owner files one or several bike rental ads electric line assistance specifying in particular the place of the provision, the available days of the electric bike and the price of the desired location.

 

electrically assisted bicycle choice

The user wanting to rent an electric assist bicycle conducting a research on the place and time of the desired location.

It becomes aware of the detail Bike Product electrically assisted specifying particular brand of electric bicycle, the fee (depending on length), availability of electric bike, a description of the electric bike, the conditions 'special use if necessary and bike assessments electrically assisted and / or owner if any.

 

Linking between the tenant and the owner

Before a request for reservation of electric bike, the user can contact the owner in particular to request additional information about the availability of selected electric assist bicycle or by phone if the owner accepts this mode of in relation either by email.

 

Reservation request

To make a bike reservation request to electric assist, the user must register or log in to their account and book the electric bike of choice by giving a pre-authorize credit card payments.

It was informed that the online payment on the platform is the only way to make an electric bike rental assistance.

Once the reservation request made and payment made online, Elo provides the tenant full details of the owner so he can get more information from him.

It will be up to the owner to confirm definitively the booking request within 72 (seventy two) hours.

The user is informed that Elo can not be held responsible for the shortcomings of the owner, including but not limited to:

 

in the absence of validation of the tenant reservation request;
in case of non-compliance within 72 (seventy two) hours to confirm the tenant reservation request;
in case of failure of the reservation request.

 


Acknowledgment

The tenant receives an email it to acknowledge its online reservation request.

If the owner agrees, the rental of electric bikes is confirmed. The tenant is notified by email.

This email summarizes all the details regarding the rental of electric bikes.

If the owner refuses or does not validate the booking request within 72 (seventy two) hours, the tenant is also informed by email.

 

Contract signature

The tenant and the owner formalize rent by online validating a rental-type arrangement provided by Elo. This contract, even if he commits both parties that validate to respect, is only indicative.

Both parties are completely free to write another contract that would meet other requirements as stipulated in the contract.

In the event that a second user is authorized to use the rented bike with electric assistance, it must be disclosed in an ad hoc contract stipulating that element.

Elo disclaims all liability for the lease model proposed, its content and the use that can be made, each location may require a clean contract tailored to the transaction. Members are asked in this regard to adapt the supplied model contract and be assisted by their legal counsel as necessary.

When a member uses the Elo platform to make a rent or lease its electric bike, it is required to accept a lease. The rental agreement is an agreement between a landlord and a tenant. Elo is not involved in any way in this lease.

 

complaints

The tenant has a period of 72 (seventy-two) hours of cycling taking possession of electrically assisted to do with a claim Elo.

In such cases, do Elo shall transfer to the owner provided that:

Elo makes its best efforts to block the amount paid until a solution was not found among members.

 

Reservation Extension

Once started renting, it is possible to extend the lease by making a new booking.

To do so, the tenant should first contact the owner to obtain its agreement in principle. Once the agreement reached, the tenant must make a new reservation following the current location.

Each extension is considered a new hire.

In the event that the owner does not accept the new rental application made online by the tenant before the end of the initial contract, the contract between the parties will expire on the date originally scheduled. Moreover, the electric bike is no longer covered by insurance, it must imperatively be returned to the owner at the date initially planned.

The price of an extension is that which corresponds to the new reservation. This procedure will therefore not lead to a negotiation of price once the new reservation confirmed.

Any extension of rental does not respect this procedure would not be considered valid by Elo and therefore the electric bikes are not insured during the extension period.

 

Cancellation of the reservation request

The tenant and the owner may cancel a booking at any time before the start of the rental. The tenant and the owner are invited to inform each other of the earliest possible cancellation understanding that the cancellation will be done through the site Elo.

In case of cancellation by the owner of the reservation, no matter when this cancellation occurs either before or after approval of the request by the owner, Elo reimburse the tenant the full amount deducted from his account.

In case of cancellation by the tenant, the cancellation policy is as follows:

If cancellation occurs more than 72 (seventy-two) hours before the start of the rental, the full rental amount is paid by the tenant Elo;
If cancellation occurs less than 72 (seventy-two) hours before the start of the rental, Elo keep the cost of the first day of rental and will transfer the balance to the tenant.


Secure online payment

Online payment is secure. The total rental price is charged Elo soon as the owner has validated the reservation request made by the tenant. Payment is done exclusively online on the website of Elo, using a credit card on behalf of the tenant. The payment solution platform is the Elo Mangopay. The transaction is between the owner and the tenant. Elo however conducts cashing in on a cantonment account of the rental price paid by the tenant is agreement by one of the offer.

All payments between the landlord and the tenant must be achieved through Elo on behalf of cantonment open to that effect with Boursorama Banque.

Elo is mandated by the owner as such, and to open for the owner and for his account, an account of cantonment of the sums received.

Once the Elo begun leasing pays the owner the rental price of the electric bike, net remuneration.

The order of payments within a period of 10 days after the start of the rental.

It is specified that the repayment of the amount of the rent to the owner may be subject including delay for reasons to bank constraints, and for a maximum period of 15 (fifteen) days.

In case of refusal of the reservation request by the owner or lack of validation of the tenant reservation request within 72 (seventy two) hours, payment will not be cashed and the tenant is not debited with the amount of the rental.

 

Bonds Elo

Elo is committed to the benefit of member services on the elo.earth site and make available a tool for the publication, dissemination, and modification of its ads.

Elo provides a matching service between members. As such, it is under no obligation to verify the identity of the members, to review the legality or moderate all content they post online.

It is stated that under no circumstances and at no time, Elo's owner or possessor of electric bikes available for rent on the platform.

The obligations Elo held is limited to that of a simple technical means of linking of owners and tenants.

 

Obligations of Members

The member agrees not to use the platform in the only conditions set forth herein and in addition:

The member is solely responsible for using the service and actions on the platform. He is committed to using the platform loyally, in accordance with these terms and conditions, applicable laws and regulations, including laws relating to intellectual and industrial property, information technology, files and privacy.

Elo offers its members a so-called "feedback" system or "assessments" to allow them to assess the rented electric assist bicycle and / or other members at the end of a lease or during it. Tenants and owners are encouraged to submit comments to the platform after each rental. Elo reserves the right to suspend any further use of the platform until the member has submitted its comments.

Each feedback rating and comment is the staff member.

Members are making comments measured in all circumstances, including when they use the system called "comments" or "assessments" of electric bikes and / or other members.

The member prohibits any defamatory, offensive, inappropriate, offensive, and more specifically all about:

hateful, racist, xenophobic, pedophile, homophobic, revisionist or damage the honor or reputation of others, threatening a person or group of persons;
inciting discrimination, hatred of a person or group of people in particular because of their origin, belonging or not to an ethnic group, nation, race or religion or advocating for war crimes or crimes against humanity, contrary to public order or morality;
to encourage, assist, peddle or disseminate in any way whatsoever rumors and / or violating the privacy of correspondence and therefore, by infringing the rights of third parties, intellectual property, privacy, image rights ;
affecting minors;
disseminating content for advertising or promotional purposes;
inciting suicide or the realization of violent actions against the user himself or others.


It is also prohibited to insert a hyperlink to personal sites outside of the platform, or sites where ads are being aggregated by a common search engine, or not respecting the values and principles defended by these terms.

Member acknowledges that Elo does not intervene on the content of the advertisements and that responsibility for it can not be accepted as such.

The member agrees to notify all clearly illegal content, in accordance with the procedure provided for in section "notification of illegal content" herein.

The member is forbidden to collect any manner whatsoever information on the Internet and users manually or automatically, in particular e-mail addresses, without their consent, especially for sending unsolicited surveys or spam, chain emails.

The member is solely responsible for its interactions with other members of the Elo platform. Elo reserves the right, but has no obligation, to monitor disputes between several members of her platform. Elo will in no case be held responsible for interactions between members of the platform or for any actions or inaction of one of its members.

Using the platform, each member recognizes that Elo does not offer rental services. Elo is a matchmaking service. The Elo platform allows tenants and owners to transact with each other.

Although Elo facilitates transactions and can resolve disputes, Elo does not guarantee the quality, safety, truth or accuracy of the information provided by members, content generated by users, or other services or transactions accessible through the platform.

In case of dispute with one or more members you acknowledge that Elo (and its officers, directors, agents, subsidiaries and employees) shall not be subject to claims, damages claims of any nature whatsoever, known and unknown, arising out of or in any way related to litigation or the use of the platform.

Member agrees not to create or use other accounts that initially created, either under its own identity or that of third parties, without the prior written permission of Elo. Otherwise, he will incur the suspension of his account and all services associated with it.

All members Elo guarantee with regard to any regulations they should meet based on their role and published ads.

Thus, at the time of delivery of the electric bike, the owner member must ensure that legal obligations, including those related to the veracity of identity, address, and age of the tenant are met .

In addition, the owner Member agrees not to rent out as electric bikes homologated it owns or is authorized to rent, validly insured in good working order, including recommended maintenance by the manufacturer and the technical control if any have been made and that all safety equipment is present and in perfect condition.

Members undertake to respect the rules of the road and all the security and prevention measures related to this practice.

Excluded from Elo Service bicycles to unapproved electrical assistance. Accordingly, for bicycles assisted beyond 25km / h, the owner agrees to be in good standing with the administration.

 

Obligations of owners

The owner member undertakes to verify the age of the renter is between 26 and 60 years on the first day of rental.

The member owner agrees to maintain throughout the rental period the identification of the tenant that he will surrender him to the start of the rental.

 

Obligations of tenants

The TENANT IS SOLELY RESPONSIBLE member of his hire. He agrees to have an insurance policy covering civil liability and personal injuries caused to third duly valid during the rental period.

In case of damage to the electric bike or electric assist bike returned to owner in bad condition, the bicycle electric assist tenant agrees to pay the amount claimed by the owner under the reclamation electric bike or franchise on request.

The tenant member agrees to submit to the owner at the start of rental, duly valid ID during the rental period.

Unless expressly agreed, the rent does not include additional equipment, such as lights, helmets or other safety device. It is up to the tenant to ensure the security of its rental experience, including through all settings bicycle with electric assistance before its actual use.

 

Licensing

The platform members retain all ownership rights to the content they generate. By posting any content generated by a user on the platform, the member expressly grants, and represents and warrants that the right to grant, to Elo a worldwide, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, free of license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display, and create derivative works of all content generated by a user and the name, voice and / or images contained in this generated content by the user, in whole or in part, in any form, media or technology without a time limit for use as part of Elo (and its successors and affiliates). Each member also grants to every other member of the platform a non-exclusive license to access the content generated by the user through the platform, and to use, reproduce, distribute, display and perform the content generated by the user in the extent permitted by the functionality of the platform and under these terms and conditions.

 

 

 

GUARANTEE

Elo offers a guarantee to the owners with a ceiling of € 5,000. The owner understands that Elo warranty is limited to the loss or damage to the electric bike as part of his rent via the platform. It does not cover normal wear or repairs paid by the tenant.