GENERAL CONDITIONS FOR THE RENTAL OF VIA-FERRATA EQUIPMENT
ARTICLE 1 - PURPOSE OF THE CONTRACT
The rental of the via-ferrata equipment, with the basic equipment provided by the town hall of Thueyts rented by DIABOLO called "the hirer", its accessories and its basic equipment rented under the terms of the present contract, taken alone or collectively, are called "rented goods".
ARTICLE 2 - BASIC EQUIPMENT OF THE VIA FERRATA EQUIPMENT
Each rented equipment is equipped with : 1 helmet, 1 harness, 2 lanyards with shock absorber and 1 pulley.
ARTICLE 3 - OBLIGATION OF THE HIRER
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 or she is fit to practice climbing (via ferrata) and has no medical contraindication. Users must be at least 1.40m tall and weigh at least 40kg. All minors must be accompanied by a responsible adult. For minors, the legal guardian undertakes under the terms of these conditions to assume all responsibility for any damage caused directly or indirectly by the minor as a result of the rental. As the via ferrata equipment is under the responsibility of the hirer, it is recommended that the hirer carry out a basic check of its main apparent functional elements prior to the actual use of the via ferrata equipment. The hirer acknowledges that the rented equipment is in perfect condition and undertakes to use it with care. In case of technical failure during the rental period, the hirer will not be able to claim any damages or interest from the lessor. In case of need of a repair, the hirer will have to present himself at the renting point. The via ferrata equipment will be exchanged.
The rental company reserves the right to either deduct the amounts due from the deposit, or to invoice the client at the rate displayed at the rental point in the event of voluntary deterioration of the equipment.
ARTICLE 4 - CONDITIONS OF USE
- The hirer undertakes to use the rented goods himself. The loan or subletting of the rented goods is strictly forbidden. The hirer is held personally responsible for any infraction as well as for the physical and material damage he causes during the use of the rented equipment of which he is in charge.
- The wearing of a helmet by the hirer is mandatory.
- The renter agrees not to use the via ferrata equipment beyond its capacity. The hirer is informed at his departure of the use of the material as well as the safety rules for the practice of climbing. The renter is not responsible for the non respect of the security rules.
For any other reason, the tenant must contact the owner without delay.
ARTICLE 5 - PROPERTY
The rented goods remain the exclusive property of DIABOLO for the duration of the rental. The rental operates the transfer of the legal custody of the equipment and engages
the tenant's "civil liability" insurance in case of theft and for all the damage he/she may cause during the use and possession of the equipment, until the equipment is returned to the rental point.
ARTICLE 6 - TAKING EFFECT, PROVISION AND RETURN
The rental takes effect at the time the lessee takes possession of the rented goods delivered to him. This agreement is effective only for the duration of the rental period. If the renter 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 hirer acknowledges having received the rented goods in good working order with the basic equipment. He declares to have had personally all latitude to check the state of the rented goods. He undertakes to return them in the state in which he rented them, without taking into account normal wear and tear.
ARTICLE 7 - RESPONSIBILITY
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 holds personal civil liability insurance that guarantees the liability incurred during the use of the rented goods both by himself/herself and the persons under his/her care. The hirer is personally responsible for damage, breakage and theft of the rented goods. The damage suffered by the rented goods, the theft or the loss will be invoiced to the tenant according to the tariff in force attached.
ARTICLE 8 - DEPOSIT
At the time of the provision of the rented goods, the tenant will pay a guarantee (bank card without immediate debit or cash) of a value of 300€ on the rented material of via ferrata. Upon return of the rented goods by the hirer, the aforementioned deposit is returned or cancelled. The hirer authorizes the renter 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 deposit does not constitute a guarantee limit, the lessor retaining, if necessary, 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 make sure to bring back the equipment or have it brought back to the rental point.
ARTICLE 10 - THE RESERVATION
The reservation being thus concluded, DIABOLO commits itself towards the Client to rent the reserved equipment according to the terms and conditions set out in the reservation and the present GTC and GLA, while the Client commits himself to take the said reserved equipment according to the same terms and conditions.
If the Client wishes to reserve an additional item, he must make another reservation on the website for the additional item he wishes to reserve.
The Customer has a legal right of withdrawal of 7 days from the date of 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 removed the reserved equipment before the expiration of the seven-day period. The Customer shall contact DIABOLO directly, which shall process the Customer's cancellation request. The refund of the deposit will then be made within 30 days. It is understood that the reimbursement of the deposit is only possible if the cancellation occurs at least 3 days before the first day of the scheduled rental.
For any request for cancellation intervening before the removal of the reserved material and outside the legal period of retractation, the entirety of the deposit is preserved by DIABOLO as a rental. The deposit will nevertheless be reimbursed in the event that the cancellation is due to a case of force majeure that the Client must justify. In such a situation, the refund of the deposit will be made within 30 days.
ARTICLE 11 - REFUND AND CANCELLATION
DIABOLO reserves the right to cancel and will refund the rental if the practice of the via-ferrata is not possible for reasons of maintenance of the site or problems on the route.