GENERAL TERMS AND CONDITIONS FREE WHEELS.PT / LAMBINET MOBILITY, LDA: RENTAL OF BIKES AND SCOOTERS
PREAMBLE: The company LAMBINET MOBILITY, LDA operating the FREE WHEELS.PT sign carries out on behalf of the FREE WHEELS.PT stores, the recording of
customer reservations for the rental of bicycle and scooter equipment and equipment via the site www.freewheels.pt. LAMBINET MOBILITY is registered under
number 517489740. The equipment offered for hire is described for information only on this site, it being specified that the customer reserves a range of equipment
and not a particular model. The customer therefore reserves a range of equipment adapted to the practice he intends to carry out and may therefore be offered
as a priority the products advertised on the site or any technically equivalent product offered by the store. Some stores offer, in addition to the classic rental range,
packs and optional services and remain the only direct service providers for customers who have booked on the www.freewheels.pt website.
Article 1 - EFFECTIVE DATE - PROVISION AND ACCEPTANCE
1) The rental takes effect when the customer takes possession of the equipment in the store or at the FREE WHEELS.PT member delivery location, for the duration
indicated in the rental contract. It ceases on the dates and times indicated in the rental contract. The rental periods available for reservation are offered via a
calendar whose days not open for reservation are not active. The risks will be transferred when the equipment is handed over to the customer, who will assume
custody of it under his full responsibility. The latter undertakes to use it in all circumstances as a responsible person. The rental agreement is only in force for the
duration of the rental. If the customer keeps the equipment beyond without having regularized his situation, he loses the benefit of all the guarantees provided
for in the rental contract.
2) The removal of the rented products is the responsibility of the person carrying out the rental, at the store or at the place of delivery of the place of withdrawal
reserved on the internet. In case of delay for the removal of the rented products, the customer must notify the lessor as soon as possible. The products will thus
be kept for the customer for half a day. After this period, they will be rented again, without any compensation being due to the customer. The product must be
returned to the place of removal or the place of recovery previously agreed with the lessor.
3) Regarding E-Scooters, all drivers must have held a valid driving license for more than two years and must present the original to the rental company. The rental
is personal and non-transferable, lending and subletting are prohibited. Only the lessee and the person(s) he designates by name by registration in the rental
contract are authorized to drive the vehicle, if they are expressly authorized by the lessor.
Article 2 - RENTAL PRICE AND MEANS OF PAYMENT
1) Rental price: The rental price is determined by the range of equipment chosen by the customer, by the store, the period and by the reservation date that the
customer has also selected. The customer is therefore informed that the reference price for the same equipment on a similar reservation date may vary according
to the stores and stations selected, the FREE WHEELS.PT affiliated stores being free to set their rental and sale prices. . Special conditions: Specific advantages may
apply to early bookings, to local promotions during certain periods, or to last-minute offers, only on the internet. The prices indicated are subject to change at any
time without notice, knowing that the items will be invoiced at the rate in effect when the order is recorded. The FREE WHEELS offer on the internet cannot be
combined with any other promotional offer (works council reduction coupons, reduction coupons, etc.). Any order validated by a payment cannot be the subject
of any modification.
2) Secure payment on the site: The customer can pay for his reservation directly online, by entering the 16 numbers and the expiry date of his card as well as the
cryptogram composed of the 3 digits on the back of the card. The order thus validated by the customer on the website will only be effective when the central
network of bank cards has given its agreement. In case of refusal of this one, the company LAMBINET MOBILITY reserves the right to cancel the reservation. If
necessary, the customer will be contacted by email or telephone as soon as possible. The data relating to the credit card are only kept during the processing time
of the reservation.
Article 3 - USE
1) The customer certifies that he is able to use the rented equipment that he undertakes to use himself. By express agreement between the parties, the loan or
subletting of rented equipment is strictly prohibited.
2) The customer undertakes to use the thing rented with care, without danger to third parties in accordance with the regulations in force. He undertakes to keep
it in good condition at all times and to use and maintain it according to the instructions for use. No warranty covers any failure to adapt the rented equipment to
the specific needs of the customer or adjustments other than those made by the FREE WHEELS.PT store.
Article 4 - AVAILABILITY OF PRODUCTS OFFERED FOR RENTAL
The FREE WHEELS.PT store cannot be held responsible for delays in availability due to reasons beyond its control, in particular in the event of accidents, delay in
the return of equipment from previous rentals, changes in regulations, force majeure , strikes... However, in these cases of unavailability, the FREE WHEELS.PT store
will offer, according to its stocks, equipment of equal or superior quality for the same price. In the absence of availability, FREE WHEELS.PT will refund the full
amount paid by the customer directly to the bank card used for payment within 14 days.
Article 5 - DEPOSIT
The customer undertakes to return the equipment clean and in the condition it was in when it took possession of it. Any reservations about the condition of the
equipment must be indicated on the contract when it is signed. The customer may be required to provide a deposit of an amount equal to the public selling price
including VAT of the product. The deposit will be left in the form of a credit card imprint. The deposit will be debited only in the event of non-return of the rented
equipment or damaged equipment.
Article 6 - REPAIRS
1) The customer agrees to pay the costs of repairs or replacement of the rented equipment whatever the cause of the repairs, except those due to normal wear
and tear. Repairs will be carried out exclusively by the lessor, at the customer's expense.
2) All materials, equipment and accessories whose repair proves to be technically or economically unfeasible must be paid to the FREE WHEELS.PT store by the
customer according to a lump sum corresponding to the replacement value of the rented equipment.
Article 7 - RESPONSIBILITY - GUARANTEE
Subject to the performance of the obligations arising from the contract, the customer benefits from the following provisions, except in cases of fraud:
1) The customer does not benefit from any cover for all damage suffered by the rented item and is personally liable for said damage, whatever the cause. However,
the customer cannot be held responsible for the harmful consequences of hidden defects in the rented equipment or non-apparent wear and tear unsuitable for
the use for which it is intended, since proof of the said defects or wear and tear can be provided by the customer. . The tenant is personally responsible for road
damage, theft or loss of the rented equipment and its accessories.
2) In the event of theft or accident, the user must immediately notify the lessor and have his declaration registered with the competent authorities.
3) Loss and disappearance of equipment is not covered. In these cases, the equipment will be invoiced to the customer according to a lump sum corresponding to
the replacement value of the rented equipment.
4) In the event of theft by the customer, misappropriation or any damage whatsoever to the equipment resulting from non-compliance with the rules of use or the
regulations in force, or the terms and conditions of this contract, the company LAMBINET MOBILITY is entitled to seek redress for the full damage.
5) "Theft, breakage" guarantee: the customer may, when taking possession of the equipment, take out a guarantee. See conditions in store.
6) The lessee is responsible for the use of the equipment with regard in particular to: road safety, regulations, compliance with the rules governing the public and
private domain respectively and consideration of the environment.
7) The user declares to be the holder of a personal multi-risk home insurance covering his civil liability for the risks mentioned above.
8) The lessee is entirely responsible for the vehicle in his custody under the terms of articles 1382 to 1384 of the Civil Code, as soon as the vehicle is handed over
to him, including when he is not driving and this until the handover of the vehicle. vehicle to the lessor and the signature of the return inventory. As such, the
minutes and fines are the responsibility of the tenant. File management fees may be charged. Authorized drivers act as agents of the hirer who remain responsible
to the hirer for the full execution of these conditions. In the event of a service interruption, an incident or a accident resulting directly from the vehicle and not
from the lessee, the lessor's liability would be limited to the supply of an equivalent vehicle or, failing that, to the non-invoicing of the remaining rental period.
“INSURANCE”
ALLIANZ Portugal S.A Agency, Rua Andrade Corvo, 32, 1069-014 LISBOA-PORTUGAL
5-1 CIVIL LIABILITY: the tenant is insured without limitation of sum against the pecuniary consequences of his civil liability due to accidents caused to third parties.
The following are excluded from this cover: – the driver of the vehicle at the time of the accident, – accidents occurring to objects transported or caused by these
objects. In the event of an accident, the insurer or the lessor reserves the right to take action against the lessee and/or the person responsible for the claim in the
event of poor performance or non-performance of his obligations under the rental contract. All costs of restoration, consecutive to a fault of the tenant, will be
invoiced in addition to the cost of the hiring.
5-2 FIRE: the hirer is guaranteed in the event of a fire in the vehicle.
5-3 THEFT: the renter is covered in the event of theft of the vehicle with an excess of €600 provided that the vehicle was locked and on the express condition that
the renter has returned the car registration document and the keys. The theft of the objects transported is excluded from the guarantee.
5-4 DAMAGE TO THE VEHICLE - DEDUCTIBLE - AMICABLE STATEMENT: The vehicle is guaranteed in "all risks". The lessee will be debited with an excess and
administrative costs of €60, which remain due to the lessor regardless of the circumstances of the claim. This amount is only debited by credit card when the lessor
is informed of the loss. The lessor will then either have the repair work estimated by an expert or carry out the necessary repairs within a maximum period of 3
months with the garage of his choice.
In the event of an accident, with or without an identified third party, the lessee must complete an amicable report of automobile accident and return it to the
lessor. Otherwise, the tenant will be charged a file processing fee of €200 including tax.
5-5 DEFENSE AND RECOURSE: the renter and the passengers are guaranteed, in the event of material or bodily injury falling within the framework of the insurance
contract, by the insurer who will take care of claiming either amicably or judicially the amount of his damage.
5-6 SITUATIONS OF FORFEITURE OF GUARANTEES: Damage, loss or accidents caused:
1. By a driver, same license holder, but not named in the rental contract.
2. By a person who does not hold a valid driving licence.
3. In case of drunk driving.
2. In the event of non-execution or poor execution of the lessor's contractual obligations. In these four cases, the lessee may not invoke total or partial exemption
from liability for any reason whatsoever in order to suspend or refuse payment of the sums for which he is liable to the lessor.
Article 8 - RESTITUTION - EVICTION OF THE LESSOR
Materials can only be returned to the FREE WHEELS.PT store during opening hours. For security reasons, the customer undertakes to notify the lessor of any shocks
suffered by the helmets. Neither the ownership plates affixed to the rented equipment, nor the inscriptions on it must be removed or modified by the customer.
The equipment cannot be transferred or given as a guarantee. The client generally agrees not to grant any right, real or otherwise, to anyone in respect of the
leased item, liable to affect the enjoyment of it or to limit its availability or full property of the lessor.
Article 9 - CANCELLATION CONDITIONS
1) Right of withdrawal: The customer has 7 calendar days before the start of the reservation to withdraw with a full refund of the deposit paid. If the reservation is
made within less than 7 calendar days of the start date of the rental, the reservation is firm and final and no refund of the sums paid for the reservation will be
refundable. Any request for withdrawal must be notified to the FREE WHEELS.PT store whose reservation was made by email to the contact address indicated on
the reservation email. Or failing that directly on the website www.freewheels.pt, via the contact section. The refund of the deposit will be made within a maximum
period of 14 days. Refund Method: We will only issue refunds in the name of the person making the booking and using the original method of payment. If the
original payment method or account is no longer available, we will make the refund using another payment method, on behalf of the Person making the Reservation
2) Cancellation before the removal of the reserved equipment and after the withdrawal period, r any request for cancellation occurring before the removal of the
reserved equipment and outside the withdrawal period, the entire deposit is retained by the company LAMBINET MOBILITY for administrative costs
3) Cancellations due to illness or death: If you need to cancel due to illness or death, please contact our Customer Service as soon as possible. Our team will
examine your case, and if it meets certain conditions, we may, at our sole discretion, cancel and refund your reservation. You may be asked to provide proof of
these special circumstances. 10-3:
4) Cancellation after removal of the reserved equipment: In the event of illness or accident of the Customer using the rented equipment (or of any person for
whom the equipment has been rented) and occurring during the planned rental period, the Rental remains in force. . However, the Customer may return the rented
equipment concerned and the amount payable for the rental of this equipment will be calculated in proportion to the number of rental days actually carried out
(upon presentation of a medical certificate). Any rental day started will be due. In any case, the amount reimbursed to the Customer can never be greater than the
following formula: Amount reimbursed = Total rental price - Price of the rental days actually carried out - amount of the Deposit paid at the time of the Reservation.
Article 10 - CANCELLATION CLAUSE
At the end of the rental period, provided for in the contract, in the event of non-return or in the event of non-payment of a partial invoice, the customer remains
responsible for the equipment in his possession. Its return is mandatory at the end of the rental period provided for under the penalties provided for by article
314-1 of the New Penal Code, without there being any need to send a formal notice by registered letter with acknowledgment of receipt and without the customer
being able to invoke any impediment
Article 11 - APPLICABLE LAW and JURISDICTIONS
This contract is subject to Portuguese law. In the event of any dispute relating to this contract, the competent Court will be that of the registered office of the
company operating the FREE WHEELS.PT store (LAMBINET MOBILITY) having issued the equipment to which the parties attribute exclusive jurisdiction.