GENERAL TERMS AND CONDITIONS FOR VIA-FERRATA EQUIPMENT RENTAL
ARTICLE 1 - PURPOSE OF THE CONTRACT
The rental of via-ferrata equipment, with basic equipment supplied by the Thueyts town council, rented by DIABOLO, hereinafter referred to as "the renter", its accessories and its basic equipment rented under the terms hereof, taken alone or collectively, are referred to as the "rented goods".
ARTICLE 2 - BASIC VIA FERRATA EQUIPMENT
Each piece of equipment rented is equipped with : 1 helmet, 1 harness, 2 lanyards with shock absorber and 1 pulley.
ARTICLE 3 - HIRER'S OBLIGATIONS
The rental contract is concluded with the hirer in person. It is therefore neither transferable nor assignable. The client, referred to as the "hirer", must be a natural person over 18 years of age, who acknowledges that he/she is fit for climbing (via ferrata) and has no medical contraindications. Users must be at least 1.40m tall and weigh at least 40kg. Minors must be accompanied by a responsible adult. In the case of minors, the legal guardian hereby undertakes to accept responsibility for any damage caused directly or indirectly by the minor as a result of the rental. As the via ferrata equipment is the responsibility of the renter, it is recommended that, prior to using the via ferrata equipment, the renter carry out a basic check of its main visible functional elements. The hirer acknowledges that the rented equipment is in perfect condition and undertakes to use it with care. In the event of technical failure during the rental period, the lessee may not claim any damages or interest from the lessor. If repairs are necessary, the hirer must report to the rental point. Via ferrata equipment will be exchanged.
The rental company reserves the right either to deduct the sums due from the security deposit, or to invoice the customer at the rate displayed at the rental point in the event of deliberate damage to the equipment.
ARTICLE 4 - CONDITIONS OF USE
- The hirer undertakes to use the rented equipment himself/herself. Lending or subletting the rented equipment is strictly forbidden. The lessee shall be held personally liable for any infringement as well as for bodily injury or material damage caused by the use of the rented equipment in his care.
- The hirer must wear a helmet.
- The hirer undertakes not to use the via ferrata equipment beyond its capacity. Upon departure, the hirer is informed of the use of the equipment and the safety rules for climbing. The rental company is not responsible for any failure to comply with safety regulations.
For any other reason, the hirer must contact the rental company immediately.
ARTICLE 5 - OWNERSHIP
The rented goods remain the exclusive property of DIABOLO for the duration of the rental. Hire transfers legal custody of the equipment and engages the hirer's "civil liability" insurance
the lessee's "civil liability" insurance in the event of theft and for all damage he/she may cause while using and holding the equipment, until the equipment is returned to the rental location.
ARTICLE 6 - COMMENCEMENT, AVAILABILITY AND RETURN OF EQUIPMENT
The rental takes effect when the lessee takes possession of the leased goods delivered to him/her. This contract is only valid for the duration of the rental period. If the lessee keeps the via ferrata equipment beyond this period without having regularized his situation, he loses the benefit of the guarantees provided for in the contract. The lessee acknowledges that he/she has received the rented property in good working order with the basic equipment. He/she declares that he/she has personally had every opportunity to check the condition of the rented goods. He/she undertakes to return them in the condition in which he/she rented them, regardless of normal wear and tear.
ARTICLE 7 - LIABILITY
The lessee releases DIABOLO from any liability arising from the use of the rented goods, in particular with regard to the physical, material and immaterial consequences of accidents of any kind. The lessee declares that he/she is the holder of a personal civil liability insurance policy covering liability incurred during the use of the rented property, both by himself/herself and by persons in his/her care. The lessee is personally liable for any damage, breakage or theft of the rented goods. Damage, theft or loss of the rented goods will be invoiced to the hirer in accordance with the attached price list.
ARTICLE 8 - SECURITY DEPOSIT
When the rented goods are made available, the renter will pay a deposit (credit card without immediate debit or cash) of 300€ on the via ferrata equipment rented. Upon return of the rented equipment, the deposit will be refunded or cancelled. The hirer authorizes the rental company to deduct from the deposit the sums due for repairing damage and theft, the costs of which are set out below. It is agreed that the amount of the security deposit shall under no circumstances constitute a guarantee limit, the lessor retaining, where applicable, the right to sue the lessee to obtain full compensation for his loss.
ARTICLE 9 - ASSISTANCE
The hirer rents the via ferrata equipment in perfect working order. He/she must ensure that the equipment is returned or repatriated to the rental point.
ARTICLE 10 - RESERVATION
Once the reservation has been made, DIABOLO undertakes to rent to the Customer the equipment reserved in accordance with the terms and conditions set out in the reservation and the present GTC and GGL, while the Customer undertakes to pick up the said equipment reserved in accordance with the same terms and conditions.
If the Customer wishes to reserve an additional item, he/she must make another reservation on the website for the additional item he/she wishes to reserve.
The Customer has a legal withdrawal period of 7 days from receipt by the Customer of the e-mail confirming that the Reservation has been taken into account. However, this right of withdrawal may no longer be exercised if the Customer has collected the reserved equipment before the expiry of the seven-day period. The Customer will contact DIABOLO directly, who will process the Customer's cancellation request. The deposit will then be reimbursed within 30 days. It is understood that the refund of the deposit is only possible if the cancellation is made at least 3 days before the first scheduled rental day.
In the event of cancellation before collection of the reserved equipment and outside the legal withdrawal period, the full amount of the deposit will be retained by DIABOLO for rental purposes. The deposit will nevertheless be refundable in the event of cancellation due to force majeure, which the customer must justify. In such a case, the deposit will be reimbursed within 30 days.
ARTICLE 11 - REFUND AND CANCELLATION
DIABOLO reserves the right to cancel and will refund the rental if the via-ferrata is not possible for reasons of site maintenance or problems on the route.