Terms and conditions
GENERAL CONDITIONS FOR THE PROVISION OF SERVICES
These general conditions for the provision of services (the “General Conditions”) apply to all bookings and services offered by E-Trott Ardenne SRL, having its registered office at rue de la Sentinelle, 48, 6831 Bouillon, Belgium, registered with the Crossroads Bank for Enterprises under number BE 0776.982.767 (the “Lessor”).
These General Conditions govern the contractual relationship between the Lessor and the customer booking the activity (the “Customer”). The Lessor and the Customer are hereinafter jointly referred to as the “Parties”.
For the purposes of these General Conditions:
· the “Customer” means any natural person or legal entity booking a service from the Lessor;
· the “Guide” means the natural person appointed by the Lessor to accompany participants during the activity;
· the “Equipment” means the electric scooter, helmet, battery and any accessories made available by the Lessor.
These General Conditions are the only conditions applicable, unless otherwise expressly agreed in writing by the Lessor. They exclude any general or special terms of the Customer not expressly accepted in writing by the Lessor.
The General Conditions are accessible at all times on the Lessor’s website. By making a booking, the Customer acknowledges having read and accepted them without reservation.
The Lessor reserves the right to amend these General Conditions at any time. The version applicable shall be the version in force on the date of confirmation of the booking.
Article 1 – Purpose of the contract
The Lessor provides TrotRX electric scooters and related equipment for recreational guided rides, mainly in forest and rural areas.
The service consists of a supervised activity and the temporary provision of the Equipment for the duration of the guided ride.
Article 2 – Equipment provided
Unless otherwise stated, each scooter is provided with:
· one battery;
· one helmet;
· any accessories deemed necessary by the Lessor for the proper conduct of the activity.
The exact composition of the Equipment may vary depending on the booked formula and operational requirements.
Article 3 – Equipment and clothing
The Customer is advised to wear clothing suitable for an outdoor off-road activity and appropriate to the weather conditions on the day of the activity, including warm or waterproof clothing depending on the season and weather.
Closed-toe shoes must be worn throughout the activity.
Wearing gloves is recommended in order to protect the hands. During cold periods, gloves suitable for protection against the cold are mandatory.
The Customer acknowledges that clothing worn during the activity may become dirty, wet or damaged as a result of the normal conditions of an outdoor activity. Except in the event of gross negligence or wilful misconduct on the part of the Lessor, the Lessor declines all liability for dirt or damage to the Customer’s clothing arising in the normal course of the activity.
Article 4 – Start of the service, handover and return of the Equipment
The rental and the service begin when the Equipment is handed over to the Customer before the start of the ride.
By taking possession of the Equipment, the Customer acknowledges that:
· the Equipment appears to be in good working order;
· the Customer has received the basic operating and safety instructions;
· the Customer undertakes to use the Equipment prudently, in good faith and in accordance with its intended purpose.
The Equipment and accessories provided may not be modified, dismantled, removed or used contrary to the Guide’s instructions.
The contract is valid only for the duration of the guided ride and ends when the Equipment has been returned to and checked by the Lessor.
The Customer is liable for any damage to the Equipment resulting from misuse, negligence, abnormal use, unauthorised intervention, failure to follow instructions or use on terrain or in conditions manifestly unsuitable for the activity, excluding normal wear and tear and any defect not attributable to the Customer.
Article 5 – Booking, price and payment terms
The applicable prices are those communicated by the Lessor at the time of booking.
The Lessor may require a deposit of 15€ per participant at the time of booking. Unless otherwise agreed in writing, the balance must be paid no later than before the start of the activity.
On site, payment may be made in cash or by bank application, subject to the payment methods accepted by the Lessor.
Any booking shall only be final once confirmed by the Lessor.
Cancellation by the Customer
In the event of cancellation by the Customer more than 48 hours before the scheduled start time of the activity, the deposit may be retained by the Lessor as compensation for administrative and booking costs. A late cancellation means any cancellation made less than 48 hours before the scheduled start time of the activity. In the event of late cancellation or no-show, the full price of the service may become due, in particular in view of the organisation put in place, the blocked time slot and the actual loss suffered by the Lessor.
Cancellation by the Lessor
If the activity is cancelled by the Lessor before the start of the service because of unfavourable or dangerous weather conditions, unavailability of the Guide, technical unavailability of the Equipment, force majeure or any circumstance rendering the activity impossible or manifestly unsafe, the Customer shall be offered, at the Lessor’s option, either a rescheduling of the activity or a refund of the amounts paid for the cancelled service.
No additional compensation shall be due in cases of force majeure or circumstances beyond the Lessor’s reasonable control.
Article 6 – Access conditions, age, weight and fitness
The Customer declares that he or she is physically fit to participate in the activity and to use an all-terrain electric scooter in compliance with the safety instructions.
The minimum age required to participate is 14 years.
The maximum authorised weight is 110 kg.
However, the Lessor may, at its sole discretion and on a case-by-case basis, waive the minimum age requirement and/or the weight limit, taking into account in particular the participant’s profile, the route, the conditions of the day and safety requirements.
The Lessor reserves the right to refuse or interrupt the participation of any person who does not meet the safety conditions, without this automatically giving rise to a refund where the lack of fitness or compliance is attributable to the Customer.
Article 7 – Alcohol, illegal substances and medication
It is strictly forbidden to participate in the activity under the influence of alcohol, illegal substances, narcotics or any medication likely to impair alertness, reflexes, balance, judgment or driving ability.
The Customer declares that, at the time of the activity, he or she is not in a condition likely to compromise his or her own safety, that of other participants, the Guide or third parties.
In the event of reasonable doubt as to the Customer’s condition, the Lessor or the Guide may refuse access to the activity or terminate the participation immediately in the interest of safety. In such case, no refund shall be due where the situation is attributable to the Customer.
Article 8 – Medical waiver and health information
The Customer participates in the activity under his or her own responsibility and declares that he or she does not suffer from any known medical contraindication making the activity unsuitable or dangerous.
The Customer acknowledges that, in case of doubt regarding his or her health condition, it is his or her responsibility to seek prior medical advice.
The Customer declares in particular, unless expressly agreed otherwise in advance by the Lessor, that he or she does not present any medical condition incompatible with an outdoor physical activity, including in particular serious balance disorders, unstable heart conditions, locomotor impairment incompatible with the activity or any other condition likely to significantly increase the risk of an accident.
The Lessor does not perform any prior medical screening and cannot be held liable for any medical unfitness not disclosed by the Customer.
Article 9 – Use, safety and conduct
The Customer confirms having received sufficient information regarding the use of the scooter and its accessories.
The Customer undertakes:
· to follow the Guide’s safety instructions at all times;
· to use the scooter with due care and without endangering others;
· to comply with applicable traffic and safety rules;
· to wear the helmet for the entire duration of the ride;
· not to carry any passenger, as only one person is allowed per scooter;
· not to overload the scooter;
· to notify the Guide immediately of any malfunction, breakdown, accident or incident.
The Customer may not lend, transfer or sublet the Equipment to any third party.
Any route communicated to the Customer or requested by the Customer is indicative only.
Only the Lessor and the Guide are entitled to decide on the route actually to be followed and to modify, shorten, split or replace it at any time, in particular depending on weather conditions, ground conditions, the level, physical condition or behaviour of the participants, and any safety or organisational requirements.
The Customer may not repair, alter or otherwise interfere with the Equipment without the Lessor’s prior consent.
In the event of theft, attempted theft, loss or serious incident affecting the Equipment, the Customer must immediately inform the Lessor and, where appropriate, report the matter to the police and provide proof thereof.
The Lessor reserves the right to refuse participation in or immediately stop the activity if the Customer’s behaviour compromises safety, order, the proper conduct of the service, the Equipment or the Lessor’s legitimate interests.
Article 10 – Weather conditions
The activities take place outdoors and are by nature dependent on weather conditions.
The Lessor reserves the right to maintain, adapt, postpone or cancel the service depending on observed or forecast weather conditions, in particular in the event of heavy rain, strong winds, thunderstorms, ice, unsafe terrain, insufficient visibility or any other circumstance that may compromise safety.
Weather that is merely uncomfortable but does not objectively create an excessive risk does not necessarily justify cancellation.
If the Lessor cancels the activity for safety reasons related to the weather, the Customer shall be offered either a rescheduling or a refund of the amounts paid for the cancelled service.
Article 11 – Liability, damage, theft and third-party damage
The Customer is liable for damage to the Equipment where such damage results from fault, negligence, misuse, failure to comply with instructions or failure to comply with these General Conditions.
In case of damage to the Equipment, the Customer must return all damaged items. Repair or replacement costs may be charged to the Customer on the basis of the actual damage suffered, the replacement value of the Equipment or the applicable price list available on request.
The Customer is also liable for damage caused by his or her fault to third parties during the activity.
The Lessor shall only be liable for damage resulting from its own fault or that of persons for whom it is legally responsible. Nothing in these General Conditions excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
Except in cases of wilful misconduct, gross negligence, death, personal injury or any other case where limitation would be prohibited by law, the Lessor’s liability shall be limited to the amount covered by its insurance or, failing that, to the amount paid by the Customer for the service concerned.
Article 12 – Insurance
The Lessor states that it has taken out insurance in connection with its professional activity. The applicable cover, limits, exclusions and deductibles are those provided for in the insurance policy taken out.
The Customer acknowledges that this insurance does not necessarily constitute personal accident insurance or full coverage for all damage the Customer may suffer or cause.
The Lessor recommends that the Customer verify in advance that he or she has adequate cover, in particular regarding third-party liability, bodily injury and assistance, depending on his or her personal situation.
To be completed if desired by the Lessor: Insurer: [to be completed] – Policy number: [to be completed].
Article 13 – Photographs and image rights
During the activity, photographs or videos may be taken by or on behalf of the Lessor for communication, illustration, archiving or promotional purposes.
Unless the Customer expressly objects no later than before the start of the activity, the Customer authorises the Lessor to use his or her image, on a non-exclusive basis and without financial compensation, on its communication media, including its website, social media, brochures and promotional publications.
The Customer may withdraw this consent for the future at any time, it being understood that such withdrawal shall not affect the lawfulness of prior uses already made.
The Lessor undertakes to use the images in a reasonable, dignified and non-prejudicial manner.
Article 14 – Inspection upon return
Upon return, the Lessor shall inspect the Equipment.
Any visible damage, missing accessory or abnormal deterioration beyond normal wear and tear may be charged to the Customer insofar as such damage is attributable to the Customer.
Article 15 – Intellectual property
All information, texts, logos, drawings, photographs, trademarks, models, slogans, graphic elements and other content accessible through the Lessor’s website, catalogue or communication materials are protected by intellectual property rights.
Unless otherwise agreed in writing, the Customer may not reproduce, modify, distribute, publish, assign, license, sell or create derivative works from all or part of such content.
Unless expressly agreed otherwise, no transfer or licence of intellectual property rights is granted to the Customer.
Article 16 – Severability
If any provision of these General Conditions is declared null, unlawful or unenforceable in whole or in part, the remaining provisions shall remain in full force and effect.
Article 17 – Applicable law and competent jurisdiction
These General Conditions are governed by Belgian law.
In the event of a dispute, the Parties shall endeavour to seek an amicable solution.
Failing amicable settlement, the dispute shall be submitted to the competent courts in accordance with applicable Belgian law. If the Customer is a consumer, the mandatory rules relating to consumer protection and jurisdiction shall remain fully applicable.