Terms and conditions of sale
General rental conditions
May 2024 version
Contents
- The subject (of our general conditions)
- Reserving a Vehicle
- The price
- The duration of the contract
- The Security Deposit
- Delivery of the Vehicle to the Renter
- Return of the Vehicle by the Renter
- The Tenant’s obligations
- Vibrations obligations
- Incidents (such as theft, fire, accident, loss, willful wear and tear and breakdown)
- The insurance
- Conditions of use of the Vehicle
- Conditions precedent and termination clauses
- Intellectual property rights
- Contractual documents
- Applicable law and competent jurisdiction
General rental conditions
- The subject (of our general conditions)
- The purpose of these General Conditions (hereinafter, the “CGL”) is to govern the contractual relations between, on the one hand, the company Dyps Motors SAS, whose commercial name is Vibrations & Cie, a simplified joint stock company whose head office is located at 31, boulevard des Romarins in Sainte-Maxime (83120), France, registered with the Fréjus RCS under number 912 458 676, (hereinafter, “Vibrations”) and, on the other hand, a person physical or legal entity (hereinafter, the “Renter”) wishing to use the vehicle rental services offered by Vibrations.
- To rent one or more motorcycle vehicles accompanied, where applicable, by accessories, equipment and/or additional services (hereinafter, a “Vehicle”), the following three steps must be completed following a request made (1) to through our site (www.vibrations-cie.com), (2) by email (contact@vibrations-cie.com) or (3) by telephone (+33 7 82 64 32 52):
- Proposal. Vibrations will send a proposal (hereinafter, the “Proposal”) by email to the Renter detailing the Vehicle and the conditions of its rental.
- The reservation. The reservation of a Vehicle will be firm after the Renter has paid Vibrations the price of the reservation and has accepted the CGL (hereinafter, the “Reservation”).
- The contract. At the time of handing over the reserved Vehicle, and after having noted the condition of the Vehicle with a Vibrations representative, the Renter:
- Will sign a contract which will mention the details of the rental of a Vehicle, including information relating to the Renter and the designated drivers as well as accessories, equipment and/or additional services, if applicable (hereinafter, the “Contract” ) ; And
- Will pay the price appearing in the Contract (hereinafter, the “Price”) and will carry out for the benefit of Vibrations a debit authorization to the supplier of the Tenant’s bank card as a security deposit, the conditions of which are detailed in the article entitled “The Security Deposit” below.
- Certain terms used in these CGL starting with a capital letter will have the meaning defined when they first appear in bold. In any event, the terms used in these CGL, whether defined or not, will be understood indifferently in the singular or plural.
- Reserving a Vehicle
- Any Reservation concerning less than three (3) Vehicles included will be made against payment of fifty percent (50%) of the total price of the Reservation as appearing in the Proposal, by credit card, and, at the latest, on the date of contained in the Proposal. Any reservation of more than 3 Vehicles will be made against payment of the entire price of the Reservation as appearing in the Proposal, by credit card, and, at the latest, on the day of the date appearing in the Proposal. The deposit paid, whether fifty (50%) or one hundred (100%) percent of the price of the Reservation below, will be referred to in the CGL as a “Deposit”.
- In accordance with article L221-28 of the Consumer Code, the right of withdrawal applicable to contracts concluded remotely “cannot be exercised for contracts: […] 12° Provision of services […] car rentals”, which includes Vehicles.
- No Reservation may be canceled less than thirty (30) days inclusive before the start date of the rental period (which starts from the time and day the Vehicle is delivered by Vibrations to the Renter and ends at the time of return of the Vehicle to Vibrations (hereinafter, the “Rental Period”)) and Vibrations will retain the entire Deposit.
- Vibrations is not required to reimburse the Renter once the Rental Period has begun, whatever the reasons. Vibrations cannot be held responsible for bad weather.
- If the Renter does not appear to collect the Vehicle, twenty-four (24) hours after the start date and time of the Rental Period, the Vehicle will be deemed available for rental and the Deposit paid will be retained. by Vibrations.
- In the event of force majeure, or for reasons beyond the control of Vibrations (such as, not exclusively, a Vehicle damaged by the previous tenant, a breakdown immobilizing the Vehicle, an extension not authorized by the previous tenant), the reserved Vehicle will not cannot be given to the Tenant. In this case, Vibrations will offer the Renter a replacement vehicle subject to availability. The new rental price offered to the Renter for a replacement vehicle may be less than or equal to that of the Vehicle initially reserved. The Renter will have the option of accepting the replacement vehicle, canceling their Reservation with a full refund, or postponing the rental period of the Vehicle.
- The Price
- The prices at which Vibrations offers Vehicles for rental as well as that of accessories and related equipment appear in the price list accessible on the Vibrations website (www.vibrations-cie.com) (hereinafter, the “Price Table”). . For any accessory, equipment or service requested by the Renter not appearing in the Price Schedule, the Proposal will detail the conditions, which will be included, if the Renter agrees, in the Contract. The rates, fees and prices expressed are all taxes included.
- Daily rates are calculated on a twenty-four (24) hour basis. Any day started is due.
- The Renter must pay the Price before handing over the Vehicle.
- The tenant cannot, moreover, demand a change of the approved date and/or time, in the event, for example, of a fall, accident or theft. Any modification by the Renter of one or more of the elements appearing in the Proposal or the Contract (such as, for example, the Rental Period, the daily mileage, the model of the Vehicle, the accessories and options, the additional services) will result in a variation of the Price and the issuance by Vibrations of a new Proposal and/or a new Contract.
- If the Vehicle is returned before the return date and time stipulated in the Contract, the entire Price remains due by the Renter and any return is final. The Renter cannot claim reimbursement for kilometers not driven either.
- The Vehicle must be returned by the Renter at the place, time and date indicated in the Contract, failing which the tenant is liable to pay for any additional day’s rental until the Vehicle is returned by the Renter, knowing that no refund will be possible on a Sunday or public holiday in France. The renter may be subject to an additional penalty if the Vehicle is reserved by another customer.
- Any request to extend the time limit for returning a Vehicle or to change the place of return must be made by email to the address contact@vibrations-cie.com at least forty-eight (48) hours before the date and return time indicated in the Contract. In the absence of a positive written response from Vibrations, the extension request will be deemed refused, without the Renter being able to request compensation, and the Renter will be required to return the Vehicle on the date, time and place provided for in the Contract.
- Any extension request accepted by Vibrations will result in the issuance of an amendment to the Contract in writing (hereinafter, an “Amendment”) and the payment of an additional price by the Tenant. The extension will only be effective after signing the Amendment and paying the additional price.
- The duration of the contract
- The Contract takes effect from its signature by the Renter, payment of the Deposit and ends upon signature by the Renter of the Vehicle return status report, and, in the absence of signature by the Renter, at the time of return of the Vibration Vehicle.
- The Renter will have the Vehicle during the Rental Period. The specific dates and times for each Rental Period will be specified in the Agreement.
- The Security Deposit
- The delivery of a Vehicle will be conditional on the authorization given by the Renter to debit from the Renter’s bank card, within a maximum period of thirty (30) days from the day of return of the Vehicle to Vibrations, the sums which may be owed by the Renter to Vibrations under the Contract (in particular, but not exclusively, cost of repair or replacement of the Vehicle, Vehicle parts or accessories, etc.) (hereinafter, the “Security Deposit “).
- The Security Deposit will be of the amount indicated in the Contract and will be made by the Renter for the benefit of Vibrations before handing over the Vehicle.
- All or part of the Security Deposit will be debited by Vibrations in the event of an accident, damage to the Vehicle or any other sum owed by the Renter to Vibrations. If the amounts owed by the Tenant to Vibrations exceed the amount of the Security Deposit, Vibrations will issue an additional invoice which the Tenant must pay within thirty (30) days.
- The Security Deposit will be returned within thirty (30) days after the date of return of the Vibration Vehicle.
- In the absence of knowledge by Vibrations on the thirtieth (30th) day from the day of return of the Vehicle to Vibrations of sums which could be owed by the Renter to Vibrations, the Security Deposit will be canceled. Cancellation of the Security Deposit does not remove Vibrations’ right to seek liability from the Renter and reimbursement and/or payment of sums due in the event of damage occurring while the Vehicle was in the Renter’s possession, or any other event. likely to result in the Renter’s liability (in particular, but not exclusively, the receipt of a report relating to an incident occurring during the rental period, the receipt of a fine following an infringement of road regulations in France or abroad).
- The Tenant must have a bank card allowing them to pay the Price and the Security Deposit. If the Renter cannot present the bank card with which he or she made the remote payment when paying the Deposit, the Reservation will be canceled without refund.
- The Security Deposit is not intended to and cannot in any way be used to pay for an extension of the Rental Period.
- Delivery of the Vehicle to the Renter
- Before signing the Contract and before handing over the Vehicle to the Renter, the Renter and Vibrations will inspect the Vehicle to establish its condition. Vibrations will draw up a report recording the condition of the Vehicle at the time of delivery to the Renter and which will be approved by the Renter (hereinafter, the “Report”). The Renter cannot make any reservations about the condition of the Vehicle after signing the Minutes.
- The Renter acknowledges renting the Vehicle in a condition satisfying the conditions imposed by French regulations.
- Vibrations will give the Renter the keys to the Vehicle and a copy of the Vehicle papers. The Renter will alone bear the consequences of failure to present a copy of the Vehicle’s papers to law enforcement officers, if applicable.
- Return of the Vehicle by the Renter
- The Renter is required to return the Vehicle:
- At the place, date and time indicated in the Contract under penalty of being liable for penalties, and/or civil and criminal legal proceedings. The Tenant must inform Vibrations, upon learning or becoming aware of a delay, by email (contact@vibrations-cie.com) and by telephone (+33 7 82 64 32 52);
- With the same level of gasoline as that indicated in the Handover Report, failing which the Tenant will be required to pay for filling to allow the level appearing in the Handover Report to be reached at the rate of three (3 ) euros per liter plus 15 (fifteen) euros in costs. In the event that the Renter has paid too much fuel, the Renter will not be able to claim any compensation from Vibrations;
- With a copy of the Vehicle papers, failing which the Renter will be required to pay a fee of ten (10) euros.
- If the Vehicle was not in the same state of cleanliness as that of the Vehicle at the time of its delivery to the Renter, the Renter is prohibited from carrying out any cleaning likely to damage the mechanical or aesthetic condition of the Vehicle (by using, for example, abrasive products or utensils or high pressure water jet).
- When returning the Vehicle, Vibrations notes the condition, appearance and cleanliness of the Vehicle and records them in the Vehicle Return Report. This Minutes must then be signed by the Tenant after the Tenant has had the opportunity to express its reservations. Any damage noted during the return of the Vehicle and recorded in the Report of return of the Vehicle and which was not expressly identified in the Report of handover is the responsibility of the Renter.
- The Renter expressly authorizes Vibrations, without possibility of opposition on the part of the Renter, to charge the cost of repair or replacement of the Vehicle resulting from damage, apparent or not, which occurred while the Renter had custody of the Vehicle.
- The Renter is required to pay the cost of repair or replacement of the Vehicle necessitated by damage occurring while the Renter had custody of the Vehicle. Refusal by the Renter to sign the Vehicle return report will not exempt the Renter from liability or reimbursement of the cost of repair or replacement of the Vehicle.
- The Tenant’s obligations
- Vehicle protection
- Flight. The renter will take care of the Vehicle at all times, in particular by using all anti-theft devices available and/or provided by Vibrations and by only leaving the Vehicle in secure parking lots. The Renter will keep, outside the periods of driving the Vehicle, in his possession (and not on board the Vehicle) the ignition keys, luggage storage, if applicable, and anti-theft devices (once in place) of the Vehicle (hereinafter -afterwards, the “Keys”).
- Weather situation. The renter must always protect the Vehicle against climatic and weather conditions likely to damage the Vehicle.
- The Renter must not, directly or through a third party, sell, rent or dispose of the Vehicle or its spare parts.
- Vehicle maintenance
- The Renter must use the gasoline and oil indicated for the Vehicle in the description which will be given to the Renter at the time of delivery of the Vehicle.
- For rental periods exceeding one week and/or one thousand (1000) kilometers, the lessee must carry out routine maintenance of the Vehicle every five hundred (500) kilometers, namely, carry out or have carried out the verification of the level of oil, coolant level, tire pressure and chain tension as well as the lubrication of the same chain.
- Drivers and designated territories
- The Renter undertakes to ensure that the Vehicle is not driven by any person other than the driver(s) designated in the Contract. The Renter is responsible for the actions of the drivers designated under the Rental Contract and ensures that they comply with the stipulations of the Contract. The Renter is responsible for any damage, apparent or not, caused to the Vehicle and for any offense committed with the Vehicle during the term of the Contract.
- The Renter undertakes that the Vehicle will not leave French metropolitan territory without prior written authorization from Vibrations.
- Compliance with applicable laws and regulations
- The Renter must comply with the laws and regulations in force relating to passports, visas, driving licenses and remains responsible for all consequences in the event of non-compliance.
- The Renter undertakes to wear safety accessories (helmets, gloves, etc.) that comply with the laws and regulations in force in France, or abroad, where applicable, when using the Vehicle. The Renter undertakes to use the Vehicle in accordance with French road regulations and all other regulations applicable in authorized territories, as well as not to use it abnormally or contrary to its intended purpose.
- The Renter must comply with the laws and regulations in force relating to traffic rules and remains solely responsible for fines, fines, fines and customs proceedings against him or any driver of the Vehicle during the Rental Period. rental.
- In the event of payment by Vibrations of fines and other costs for which the Tenant is responsible, the Tenant will reimburse Vibrations in full. The Tenant’s contact details will be communicated by Vibrations to the competent authorities upon their request.
- Any offense committed using the vehicle will result in administrative costs of thirty (30) euros for which the Renter will be liable. No reimbursement of the processing fees payable by the Tenant may be made, including in the event of a contestation of the offense by the Tenant, whether this contestation is accepted or refused.
- The information obligation
- The Renter will inform Vibrations without delay, and at the latest at the time of return of the Vehicle to Vibrations, of the occurrence of any anomaly, malfunction, damage or breakdown of the Vehicle including its fall (even when stationary) or an impact. worn on the helmet.
- Vibrations obligations
- Vibrations maintains the Vehicles as best as possible and, at a minimum, in compliance with the manufacturer’s instructions. Vibrations undertakes to provide the Renter with a Vehicle in good working order and suitable for rental with a full tank of fuel or, failing that, the fuel level specified in the Vehicle handover report, and, where applicable , the additional accessories, equipment or services provided for in the Contract.
- Vibrations declares that the Vehicle is without apparent damage, except those mentioned in the Vehicle handover report.
- Incidents (such as theft, fire, accident, loss, willful wear and tear and breakdown)
- During the Rental Period, the Renter has custody of the Vehicle and is liable for damages suffered by the Vehicle whatever their cause, unless the cause is attributable to Vibrations. All costs of refurbishment, repair or replacement of all or part of the Vehicle, as well as the cost of immobilization of the Vehicle, and other possible costs, will be the responsibility of the Renter.
- Any alteration, modification or repair made to the Vehicle without the prior agreement of Vibrations is prohibited and will result in repair or replacement costs payable by the Renter.
- Loss or alteration of Keys
- Any alteration, breakage or loss of one or all of the Keys may result in all of the Vehicle’s locks being changed and the Vehicle being immobilized for the duration of the repair. The Renter is required to pay Vibrations the cost of services and parts, as well as, where applicable, the cost of repatriating the Vehicle to Vibrations premises in Grimaud, France.
- No duplicate Keys will be issued by Vibrations in the event of loss.
- In the event of loss of the complete keychain, a Vibrations representative will come, collect the Vehicle and once the new keychain is made, the Vehicle is available at our Premises. There is then no provision of the Vehicle without a new Reservation, a new Contract and a new Security Deposit.
- Following a loss of Keys, the Renter monitors the Vehicle and/or secures it in a place under surveillance. The Tenant must make himself available to the Vibrations representative when he arrives.
- For any loss of key more than fifty (50) kilometers from the Vibrations premises (located at 209, chemin des Caucadis, Grimaud (83310), France) (hereinafter, the “Local”), only a carrier will be authorized to return the Vehicle to the Premises. The price of repairs will be based on an estimate.
- Battery and tires
- Deliberate tire wear. Any traces of wear on the rear tire linked to deliberate skidding will be invoiced at the rate of a change of new tire, regardless of the condition of the tire when the Vehicle is handed over to the Renter.
- The Renter will be responsible for any battery failure or tire puncture unless the Renter has traveled more than ten (10) kilometers with the Vehicle (proof having been reported by the Renter by sending an email to Vibrations de la photo of the meter showing a mileage ten (10) kilometers higher than the reading appearing in the Vehicle handover report which will be taken as proof in the event of a dispute).
- Pound
- The costs relating to impoundment, seizure, confiscation or sealing of the Vehicle (hereinafter, “Seizure”) are the responsibility of the Renter, including the costs incurred by a delay in the return of the Vehicle as stipulated in Article 3 “Price” above, the costs linked to damage caused to the Vehicle and the costs of repatriation if applicable. In the event of Seizure of the Vehicle, the Renter will immediately inform Vibrations by email at contact@vibrations-cie.com. Only a Vibrations representative will be able to come to present the original of the Vehicle’s registration document and demand its return. The tenant.
- Accident
- In the event of an accident, the Renter undertakes to immediately notify emergency services as well as the police or gendarmerie authorities if there are any injuries. Furthermore, in the event of an accident and/or damage affecting the Vehicle, the Renter undertakes to:
- Inform Vibrations, by sending an email to contact@vibrations-cie.com, as soon as possible and within a maximum period of six (6) hours from the occurrence of said accident and/or damage; And
- Duly complete an amicable, precise and legible report, and send it to Vibrations, by registered mail with acknowledgment of receipt addressed to the head office of Vibrations (31, boulevard des Romarins, Sainte-Maxime (83120), France) within twenty -four (24) hours from the occurrence of said accident and/or damage with a copy by email to contact@vibrations-cie.com.
- The amicable report must include all information relating to the circumstances of the accident and/or damage, the identity of the parties involved and the place of occurrence. In the event of non-compliance with the deadlines for reporting a claim, the Renter could be deprived of the right to benefit from the guarantees offered by the Vehicle’s insurance. If the report is incorrectly completed or poorly informed, the Tenant may have his declaration of “non-responsibility” called into question. Any report not signed by the other party to the accident entails the total liability of the Renter.
- In the event of an accident, the Security Deposit will be immediately debited. Once the insurance has defined the responsibilities, the amount of the Security Deposit will be returned (less the administration fee of one hundred (100) euros) to the extent that the Tenant is declared not responsible and there is no has no vehicle immobilization costs. If the Tenant is declared responsible, the Security Deposit will be fully acquired by Vibrations for the repair costs and for the damage suffered by Vibrations for the consequences on its insurance policies (increase in its annual insurance premium).
- Fire
- In the event of a total or partial fire of the Vehicle, the Renter undertakes to:
- Inform Vibrations immediately after the discovery of this fire, by sending an email to contact@vibrations-cie.com; And
- File a complaint with the competent authorities within twenty-four (24) hours of discovering this fire; And
- (iii) Return to Vibrations, within twenty-four (24) hours following the filing of the fire complaint, the keys and Vehicle Papers.
- In the event of a Vehicle fire, the Security Deposit will be taken immediately. The Renter will be required to immediately pay Vibrations the value of the Vehicle which will be equal to the purchase value, or the expert value if the Vehicle has been registered for more than six (6) months less the amount of the Security Deposit .
- Theft, break-in or attempted break-in
- In the event of theft, break-in or attempted break-in of the Vehicle, the Renter undertakes to:
- Inform Vibrations immediately after discovering the theft, break-in or attempted break-in of the Vehicle, by sending an email to contact@vibrations-cie.com; And
- File a complaint with the competent authorities within twenty-four (24) hours of discovering this theft, break-in or attempted break-in of the Vehicle; And
- (iii) Return to Vibrations, within twenty-four (24) hours following the filing of a complaint for theft, break-in or attempted break-in of the Vehicle, the Keys and papers of the Vehicle.
- In the event of theft of the Vehicle, the Security Deposit will be taken immediately. The Renter will be required to immediately pay Vibrations the value of the Vehicle which will be equal to the purchase value, or the expert value if the Vehicle has been registered for more than six (6) months less the amount of the Security Deposit .
- In the event of a break-in, all costs of restoring, repairing or replacing all or part of the Vehicle, as well as the cost of immobilization, will be the responsibility of the Renter.
- The insurance
- Each rented Vehicle is insured for civil liability, theft and fire with an excess.
- When riding Vibrations motorcycles, renters must wear appropriate, standard helmets and gloves. For the safety of the Renter and his passenger, Vibrations strongly recommends wearing clothing, in addition to helmets and gloves, such as motorcycle jackets, pants, boots, etc. Vibrations is not responsible for damage resulting from the actions of the tenant which may result in injury, death or any other damage to the tenant, his property, his family, his heirs or assignees.
- Conditions of use of the Vehicle
- The Renter, as well as the driver(s) designated in the Contract, must, on the date of the first day of the Rental Period:
- Be at least twenty (22) years old to drive a Vehicle;
- Be under seventy-five (75) years old;
- Hold a driving license authorizing the driving of the rented Vehicle (A license or foreign equivalent valid in France) for at least 24 months;
- Not having been the subject, during the previous two (2) years, of a measure of suspension or withdrawal of your driving license;
- Not have been the subject, in the two (2) years preceding their application for Proposal, of a termination and/or nullity of an insurance contract, regardless of the type of motorized vehicles, by his insurer; And
- Have all the licenses, certificates, authorizations and training necessary to drive the Vehicle.
- The Renter is required to notify Vibrations, immediately and in writing by sending an email message (contact@vibrations-cie.com), Vibrations in the event of loss or suspension of his driving license before or during the Rental period.
- The renter must not overload the Vehicle and undertakes not to use the Vehicle:
- for illegal activities;
- if he is considered unfit to drive;
- under the influence of alcohol or drugs;
- for racing, speed trials or driving lessons;
- on roads unfit for traffic or on circuits; Or
- for the transport of paying passengers.
- Conditions precedent and termination clauses
- Vibrations may terminate the Contract automatically and without notice in the event of non-compliance by the Tenant with its obligations under Articles 8, 10 and 12 of these CGL.
- In the event of termination of the Contract under the conditions of this article, Vibrations will immediately regain possession of the Vehicle. Vibrations will invoice the Renter for the full cost of removal as well as all costs of repairing the Vehicle.
- Notwithstanding the foregoing, the provisions of the Contract which are intended to survive the termination of the Contract will survive.
Article 14: Personal data
- For the purposes of a Reservation or a Contract, Vibrations receives personal data concerning the Renter, and, where applicable, the drivers designated in the Contract (hereinafter, the “Personal Data”). Vibrations processes Personal Data for the following purposes:
- the management and monitoring of its relations with the Renter, and, where applicable, the drivers designated in the Contract;
- the achievement of the purpose of the Contract and the monitoring of payments and associated accounting;
- the management, processing and monitoring of documents relating to the Tenant within the framework of the Contract;
- the monitoring and management of complaints (in particular issued by the Renter, by the insurer or by administrative or police authorities) and administrative operations linked to the Vehicles;
- carrying out and developing satisfaction surveys, studies, analyzes and statistics;
- carrying out commercial, communication, solicitation, prospecting or marketing operations;
- the management and processing of requests from the Tenant aimed at exercising their rights regarding the protection of Personal Data; And
- compliance with the legal and/or regulatory obligations imposed on Vibrations (including cases of offenses committed by the Renter with the Vehicle).
- Personal Data will be retained for three (3) years from the end of the Rental Period. They will then be archived during the legal retention periods.
- The Tenant has the right to query, access, rectify, delete and portability of his Personal Data. The Tenant also has the right to obtain the limitation of the processing of his Personal Data by Vibrations or to oppose their processing. The Tenant is invited to exercise his rights by contacting Vibrations by email at contact@vibrations-cie.com or by post addressed to the head office of Vibrations (31, boulevard des Romarins, Sainte-Maxime (83120), France).
- Intellectual property rights
- For the purposes of its communication, Vibrations produces or commissions photographs or videos (hereinafter, the “Images”) in which the Renter and/or the drivers designated in a Contract and/or any accompanying person may appear. The Images will be and remain the exclusive property of Vibrations.
- Contractual documents
- Order of prevalence of contract documents. The Contract establishes an order of decreasing priority between the documents making it up, thus establishing the prevalence of one document over the other in the event of a contradiction between these documents.
- Interpretation. If any stipulation of the Contract should be held to be invalid, illegal or inapplicable, the other stipulations will continue to bind the Parties as if the invalid, illegal or inapplicable stipulations had never existed.
- Any amendment is made in writing. No verbal modification of the rental contract will be valid. Only the written contract is valid. If part of the general rental conditions becomes void, this does not cancel the rest of the rental contract.
- Modifications to the CGL. Vibrations reserves the right to adapt or modify the CGL and will inform the Tenant, if necessary, when requesting a new Proposal. In any case, the version of the CGL enforceable against the Renter is the last one accepted by the Renter and then applies to reservations made subsequent to their acceptance.
- Non-transferability. Any Contract is concluded intuitu personae with a Tenant taking into account the particular circumstances attached to this Tenant. Consequently, the Contract cannot be assigned by the Tenant to a third party, whether free of charge or for a fee.
- Non-waiver. No act of tolerance by one of the Parties, even repeated, can constitute a waiver of the latter to avail itself of any of the stipulations of the Contract.
- Collection costs. In the event of late payment, Vibrations reserves the right to apply late payment penalties equal to ten (10) times the legal interest rate as well as a fixed recovery compensation, the amount of which is set at one hundred (100) euros. .
- Applicable law and competent jurisdiction
- Any Contract is governed by French law.
- In the event of a dispute regarding the interpretation or execution of a Contract (hereinafter, a “Dispute”), the Tenant and Vibrations will make their best efforts to find an amicable solution. In the absence of an amicable solution within thirty (30) days from the date on which one party notified the other in writing of the existence of a Dispute, the Tenant and/or Vibrations may refer the matter to the territorially competent court.
- Vibrations also indicates that there is an online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible through the following link: https://webgate.ec.europa.eu/odr/.
- As an exception to the above, and in the absence of amicable resolution of a dispute between Vibrations and a commercial Tenant within the meaning of Article L121-1 of the French Commercial Code, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of Paris, notwithstanding plurality of defendants or warranty appeal, including for emergency procedures or for emergency procedures or for precautionary procedures, in summary proceedings or by request.