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GENERAL RENTAL CONDITIONS

GENERAL MOBILE APPLICATION CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY SET OUT THE TERMS AND CONDITIONS FOR RENTING VILUSO ELECTRIC BIKES AND ARE LEGALLY BINDING.

The terms of these General Rental Conditions apply to any rental of electric bicycles from the company PRATS ROUGIES SAS ("Vehicle" or "Vehicles"). When ordering the rental of a Vehicle via the Viluso mobile application, you are asked to accept these General Conditions of Rental. The latter form, with the elements of your order (price and duration), a contract between you (hereinafter referred to as the "User", and designated by the pronouns "you", "your" or "your") and PRATS ROUGIES SAS, a simplified joint-stock company registered with the Trade and Companies Register of Créteil under number B 850 631 235, whose registered office is located at 5, avenue du Général de Gaulle 94160 Saint-Mandé or one of its subsidiaries or affiliates (hereinafter referred to as "VILUSO" and designated by the pronouns "we", "us", "our").

For any complaints or requests for information about these General Rental Conditions that cannot be resolved through our Viluso mobile application, you can reach us by phone at +33 644363027 or by email hello@viluso.com

1. TERMS OF RENTAL ORDERS

To be able to rent a Vehicle, you must:

  • Create a Viluso account. To do this, you must download the Viluso mobile application and enter your telephone number or other personal data. Viluso will verify your contact data by sending you a verification code by SMS allowing you to finalize your registration and activate your account (the "Viluso Account"). You agree to provide correct and up-to-date information. Your Viluso Account is personal to you and you must not share it with third parties. Your personal data will be processed by Viluso, for the provision of the services described in these General Rental Conditions, in accordance with our Privacy Policy.

  • Read and accept these General Rental Conditions.

  • Place a rental order via the Viluso mobile application.

Where applicable, the Viluso mobile application may offer you the option of taking out subscriptions for a fixed or indefinite period, which will then allow you to rent Vehicles at special price conditions. Online subscription to such a subscription also implies acceptance of these General Rental Conditions. It is your responsibility, before validating such a subscription, to carefully check the conditions of your order. Information about these subscriptions, such as les Pricing conditions  which are applicable to them, the duration of the subscription and its automatic renewal conditions, appear either in these General Rental Conditions or in our Viluso mobile application.

2.RENTAL AND USE OF THE VEHICLE: GENERAL

2.1 The User is the sole user of the Vehicle

When you activate a Vehicle from its location, it must be used only by you. You must not allow others to use a Vehicle that you have activated from its location.

You must not give, loan or sell a Vehicle to another person or allow another person to use the Vehicle.

You must not sublet the Vehicle or use it on behalf of others.

2.2 The User is at least 18 years old

The User declares and certifies that he is at least 18 years old.

2.3 The User is able to use a Vehicle

If you place a rental order for a Vehicle, you must be familiar with the operation of the relevant type of vehicle and be reasonably competent and physically fit to operate the Vehicle.

The User acknowledges that Viluso is not a common carrier. Other alternative means of public and private transport are available to the general public and to the individual User, including public buses and rail services, taxis and pedestrian routes.

Vehicles are made available to Users for convenience only and the rental offer is intended only for persons who have the ability and skills to operate a Vehicle on their own and who have subscribed to all the terms and conditions of the these General Conditions of Rental.

2.4 The User must respect the Vehicle

You must not dismantle the Vehicle, any part of it or any other equipment attached to it, nor affix any markings to it or modify, repair or degrade it in whole or in part in any way . You must not affix any inscriptions to any sticker present on a Vehicle, nor remove it, modify it or deface it in any way. You must not use the Vehicle, or any other equipment attached thereto, for advertising or commercial purposes without the prior express written permission of Viluso.

At the end of the rental period, the User undertakes to return the Vehicle in the same condition as that in which it was rented. However, the User will not be responsible for the normal wear and tear of the Vehicle.

2.5 The User finds out about the availability of the Vehicles

Vehicles are made available to Users within the zone marked in green on the Viluso mobile application (hereinafter the "Green Zone").

The Viluso mobile application shows the User, on a map, the location of the Vehicles available in front of the hotel. In order to unlock the Vehicle, the User must connect to his Viluso Account via the Viluso mobile application and follow the instructions therein.

VILUSO endeavors to offer the Vehicles 365 days a year, but unforeseen events or other circumstances may prevent Viluso from supplying the Vehicles.

2.6 The User is required to respect the laws relating to the use and circulation of the Vehicle and to adopt a responsible and respectful behavior.

You agree to comply with all legal provisions relating to the use, driving, parking, electric charging and/or circulation of the Vehicle, including all national and local legal and regulatory provisions as well as the rules and regulations relating to Vehicles in the area where you use the Vehicle.

You must not use the Vehicle in contravention of any law, order or regulation.

You also agree to be courteous and respectful towards others during your use of the Vehicles.

2.7 The user must read the safety instructions and respect them

It is your responsibility to determine whether conditions, including but not limited to rain, fog, snow, hail, sleet, heat or electrical storms, make it unsafe to operate the Vehicle.

For your safety, VILUSO expressly recommends:

  • to adapt your driving behavior and the braking distance according to weather conditions, visibility, the immediate environment and traffic conditions;

  • not to use a Vehicle while carrying or holding a briefcase, backpack, bag, or any other object likely to alter the balance of the Vehicle or compromise its safe operation. If you choose to use such an object, VILUSO recommends that you ensure that it is perfectly adjusted to your body and that it does not hinder your ability to use the Vehicle in complete safety;

  • wear a Snell, CPSC, ANSI or ASTM approved helmet that is properly sized, fitted and fastened according to the manufacturer's instructions. VILUSO, its affiliates and assigns do not represent or warrant the quality or safety features of any particular helmet model. The User assumes all risks resulting from the failure to wear a helmet or other protective equipment. The security measures recommended by these General Rental Conditions are not exhaustive and the User must take all the necessary precautions related to the use and loading of the Vehicles, whether or not they are mentioned in these General Conditions. rent.

For your safety, you must not:

  • placing heavy objects on the handlebars of the Vehicle, such as heavy bags or backpacks;

  • operate a Vehicle while under the influence of alcohol, drugs, medication or other substances that may impair your ability to operate a Vehicle safely;

  • transport a second person or a child on a Vehicle;

  • use the Vehicle to perform speed races, off-road, stunts or stunts;

  • to operate or use the Vehicle on unpaved roads, in flooded terrain (beyond normal urban driving) or in any place of prohibited or illegal access and not to use it in a way that would be a source of nuisance for third ;

  • exceed the total rolling weight limit of the Vehicle indicated in the FAQ (approximately 100 kilos);

  • use the Vehicle if noticeable problems appear to you. In such a case, you must notify VILUSO immediately by contacting customer service.

For your safety, however, you must:

  • carry out a summary safety inspection of the Vehicle, which includes, but is not limited to, the verification of the following points: i) that the wheels do not run out; ii) the proper functioning of all brakes and lights; iii) the good condition of the frame; iv) sufficient electrical charge of the battery; v) the correct attachment of the seat and the pedals; and vi) any signs of damage, unusual or excessive wear, or other mechanical problems or maintenance needs. In the event that you detect a safety risk during the inspection of the Vehicle, you must immediately notify VILUSO by contacting customer service.

  • park and lock the Vehicle immediately if you notice a problem with it while you are driving. If this should happen, you must notify VILUSO immediately by contacting customer service.

2.8 The User does not leave the authorized areas

The User agrees to use, circulate or drive the Vehicle only in urban areas located in the Green Zone.

You must not leave the perimeter of the Green Zone, unless otherwise provided in these General Rental Conditions or with special authorization from VILUSO.

2.9 The User respects locking/unlocking and parking conditions during the rental and at the end of the rental

You may not use other locking mechanisms than those provided by VILUSO. You cannot add another lock to the Vehicle or lock it to another object.

The Vehicle must be parked, both during the rental and when it is returned:

  • in a regulatory parking space, in a vertical position on its stand;

  • in a prominent space.

The Vehicle must not be parked:

  • outside the Green Zone;

  • on the areas identified in red in the Viluso mobile application (hereinafter the "Red Zone"). Otherwise, a collection deductible, the amount of which is specified in les Pricing conditions, will be automatically debited to you;

  • on private land with unauthorized or limited access, in a pen or in any other non-approved space closed to the public;

  • in areas with heavy traffic, particularly if the Vehicle is at risk of being rolled over. In particular, you must not park the Vehicle:

  • on or near a busy road in a dangerous position;

  • at traffic lights or road signs;

  • at parking terminals or parking meters;

  • on walkways less than 1.5 meters wide;

  • in front of a garage exit or access to a building;

  • in front of or near emergency exits.

At the end of the rental, at the time of return, you must:

  • Lock the Vehicle by following the instructions of the Viluso mobile application and carrying out all the manipulations indicated   (Ex: ensure the closure of the padlock);

  • Take a photograph of the Vehicle and send it to us by following the instructions of the Viluso mobile application. You must ensure that you do not photograph any identifiable natural persons.

In the event of poor return, the Vehicle may be considered abandoned, lost or stolen (see article 3.7.2 below) and penalties may be applied to you in accordance with Pricing conditions.

If you break one or other of the above rules without just cause, a penalty, the amount of which is specified in nos Pricing conditions, may be charged to you by VILUSO.

You agree that VILUSO may, for security reasons or if the law requires it to do so, require you to return a Vehicle at any time, without this clause exempting VILUSO from compensating you if this requirement is linked to a fault on his part.

2.10 The User respects the procedure in the event of theft, accidents, damage and claims

The User must report any claim, accident, collision, material damage, bodily injury involving a Vehicle as well as any theft or loss of the Vehicle to VILUSO as soon as possible via customer service.

If a claim causes bodily injury, property damage or involves the theft of the Vehicle or one of its accessories, the User must also immediately report it to the nearest police department and at the latest within within 24 hours and then send said declaration to VILUSO within the same period.

2.11 The User bears the consequences of improper use of the Vehicle and of his faults

Except under the conditions provided for by law, and in particular in the event of force majeure or if the User provides proof that what follows does not result exclusively from a fault on his part, the User accepts that he will be fully and exclusively responsible for any misuse of the Vehicle and its consequences, for all demands, claims, all grievances, prejudices, losses, liabilities, damages, bodily injuries, costs and expenses, penalties, attorneys' fees, judgments and legal proceedings, disbursements or expenses of any order or nature in connection with loss, theft or damage to a Vehicle.

  • YOUR AUTOMOBILE INSURANCE POLICIES MAY NOT COVER CLAIMS INVOLVING THIS VEHICLE OR PROPERTY DAMAGE TO THIS VEHICLE. TO DETERMINE IF YOU HAVE INSURANCE COVERAGE, YOU SHOULD CONSULT YOUR AUTOMOTIVE INSURANCE COMPANY OR INSURANCE BROKER.

  • VILUSO SUBSCRIBE ON YOUR BEHALF, WITH A THIRD-PARTY INSURANCE COMPANY ZEGO, AN INSURANCE CONTRACT VALID WHEN YOU USE THE VEHICLES DURING THE RENTAL PERIOD DEFINED IN ARTICLE 3.4.

  • The User is aware that his use of the Vehicles and their equipment entails risks, dangers and hazards which may cause bodily injury or death to the User or other persons and cause material damage, and that these risks, dangers and hazards cannot always be foreseen or avoided. Risks, dangers and hazards include, but are not limited to:

  • vehicles and other objects;

  • pedestrians ;

  • the circulation ;

  • malfunction of the Vehicle or one of its parts;

  • road conditions;

  • weather conditions ;

  • failure to comply with applicable laws relating to the use or operation of the Vehicle within the meaning of Article 2.6;

  • committing any of the prohibited acts listed in Article 2.7;

  • failure to perform the security check required under clause 2.7;

  • failure to wear a helmet when wearing a helmet is required by law; And

  • negligent acts or omissions on the part of the User or third parties.

The User is at all times during the Rental guardian of the Vehicle and solely and entirely responsible for driving the Vehicle. Except under the conditions provided for by law, unless he can prove that he has not committed any fault which is exclusively attributable to him, the User assumes full and exclusive responsibility for all accidents and damages caused by him. or by the Vehicle during the rental.

VILUSO ensures the normal maintenance of the Vehicles in accordance with the provisions of the Civil Code. In the event of an accident, VILUSO can only be held liable if said accident finds its cause in a breach of this obligation.

  • The User recognizes the constraints specific to Electric Vehicles and adapts his behavior accordingly

Electric Vehicles require periodic charging of their battery. The Rider agrees to use and drive the Vehicle safely and with care, in particular taking into account all limitations and requirements relating to electric vehicles.

The User understands and accepts each of the following points:

  • The level of electrical charge remaining in the Vehicle will decrease as the Vehicle is used (depending on time and distance travelled) and, as the Vehicle's electrical charge decreases, its speed and other features may decline (or cease altogether);

  • The level of electrical charge of the Vehicle at the time when the User begins the rental or when the Vehicle enters into operation is not guaranteed and will vary according to the use during each rental;

  • The rate of electrical charge loss while operating the Vehicle is not guaranteed and will vary depending on the Vehicle, traffic conditions, weather conditions and other factors;

  • It is the Rider's responsibility to check the Vehicle's electrical charge level and ensure it is adequate before placing a rental order and operating the Vehicle;

  • The distance or duration of use of the Vehicle by the User before it runs out of electrical charge is never guaranteed.

  • The Vehicle may have exhausted its electrical charge and cease to function at any time during the Rider's rental of the Vehicle, including before reaching the Rider's desired destination.

If the Vehicle exhausts its electrical charge during a rental, the User will terminate his journey in compliance with all the provisions of these General Conditions of Rental.

Alternatively, the User may also choose, at his sole discretion, to charge the Vehicle, subject to connecting an adequate power cord approved by the manufacturer to an electrical outlet whose use for this purpose is lawful. The User undertakes to comply with all laws and rules relating to the electric charging of the Vehicle, including all national and local legal and regulatory provisions as well as all public and private rules and regulations relating to space and the property where the Rider loads the Vehicle. The User agrees that all costs, fees, charges, fees, expenses, penalties and fines relating to the charge of the Vehicle are attributable to him and that VILUSO will not reimburse these expenses to the User.

In accordance with article 2.11, and except under the conditions provided for by law, in particular in the event of force majeure or if the User provides proof that the following does not result exclusively from a fault on his part, the User acknowledges its full and exclusive responsibility for any misuse of the Vehicle and its consequences, all requests, claims, all grievances, prejudices, losses, liabilities, damages, fires, material or other damage, bodily injury, costs and expenses, sanctions, attorney, judgments and legal proceedings, disbursements or expenses of any order or nature in connection with the electrical charging of the Vehicle. By choosing to load a Vehicle, the User assumes full and exclusive responsibility for all risks, dangers and hazards relating to the operation, except under the conditions provided for by law, and in particular in the event of force majeure or if the User proves that the latter do not result exclusively from a fault on his part, and the User acknowledges that VILUSO and its affiliates or assigns are not responsible for any damage or cost caused by the User to any person or any material property, including the Vehicle itself, which would be directly or indirectly related to the charging of the Vehicle.

3. PAYMENT TERMS, RENTAL FEES AND PENALTIES

Rental fees and penalties are defined in les Pricing conditions de VILUSO, which can be consulted at any time on the VILUSO mobile application.

Before placing a rental order or taking out a subscription, you must refer to Pricing conditions  for current rental fees and penalties. Les Pricing conditions  are subject to change in accordance with the procedures provided for in Article 9 of these General Rental Conditions. These changes apply only to future rental orders or subscription purchases, without prejudice to orders and purchases already made at the time of said change and requires your express consent.

3.1 Means of payment

In order to be able to use the Vehicles, the User must provide VILUSO with a valid credit or debit card number and its expiry date. The User declares and warrants to VILUSO that he is authorized to use the credit or debit card he provides to VILUSO.

The User authorizes VILUSO to debit from the bank account attached to the credit or debit card thus associated with his Viluso Account the amount of the Vehicle rental costs and the related security deposit, provided for in Articles 3.2 and 3.3 below. below as well as by les Pricing conditions. If applicable, the amount of any penalties due by the User pursuant to Article 3.7 below will be indicated to him separately and will be debited by VILUSO from the bank card attached to his Viluso Account. The User undertakes to immediately inform VILUSO of any modification to the payment card.

All levies are subject to applicable local taxes and other levies, which may be charged and collected by VILUSO.

In the event of a dispute by the User of a debit from the bank account attached to the credit or debit card associated with the User's Viluso Account, the latter will contact VILUSO in writing without delay and will communicate to VILUSO the information allowing identify the disputed levy and assess the merits of the dispute.

3.2 Security Deposit

Before being able to use a Vehicle, the User must pay a security deposit to VILUSO. The User authorizes VILUSO to deduct from the bank account associated with the bank card that he has added to his Viluso Account a security deposit, the amount of which is fixed in les Pricing conditions.

This security deposit is intended to cover any damage that may occur from you during the rental period as well as any sums due as penalties in the event of a breach by the User of these General Rental Conditions. It will be retained by VILUSO until you request its return, for example when you wish to cease your use of the Vehicles, by clicking on the button provided for this purpose in the VILUSO mobile application.

Without activity on your part for more than 2 years, VILUSO reserves the right to close your VILUSO account after informing you in advance. Without a response from you within 30 days, VILUSO may proceed to close your account, management fees related to the closing of it may then be invoiced to you and deducted from the amount of your security deposit in accordance with_cc781905 -5cde-3194-bb3b-136bad5cf58d_Pricing conditions.

 

3.3 Payment of Rental Fees

Before unlocking a Vehicle, you must purchase the right to unlock and use our Vehicles (the “Rental Rights”) and for that purpose:

  • credit your VILUSO Account via the Viluso mobile application with a sum of money allocated to the payment of the Rental Rights. Les Pricing conditions  indicate the price of Rental Rights for each type of Vehicle (unlocking fees and cost per minute of use) and therefore allow you to determine the amount you choose to credit depending on the number and the duration of the journeys you plan.

Before crediting your Viluso Account with a certain sum, you should therefore ensure that it is in line with the number and duration of the journeys that you are planning and that you will be able to fully consume the Rental Rights that you will have. purchased.

The sum chosen will be debited from your credit card, in accordance with article 3.1 above, and credited to your Viluso Account for your future rentals.

At the end of each ride, any applicable rental charges calculated in accordance with nos Pricing conditions  (including unlocking and usage costs billed per started minute) will be deducted from the amount credited to your Viluso Account.

You can consult the details of the rental costs in les Pricing conditions.

In each case, rental fees and other duties are subject to applicable taxes and other cash levies operated by the local authority, which may be invoiced and collected by VILUSO.

If the credit available in your Viluso Account is insufficient to pay for the entire journey you have made (due to a too long duration), the balance of your Viluso Account will be debited at the end of your journey.

In this case, you will not be able to unlock a Vehicle for a new trip without having first recharged your Viluso Account with a sufficient amount to cover this debit balance and allow your Viluso Account to show a credit balance.

In the event that this balance remains debited, VILUSO reserves the right to debit the remaining amount due by direct debit from your credit card. To the fullest extent permitted by law, you authorize VILUSO to carry out this direct debit. If the law of your country does not allow this direct debit to be made without obtaining a new specific mandate from you, you agree not to refuse without just cause to provide VILUSO with such a specific mandate.

In the event of non-payment, VILUSO reserves the right to suspend your Viluso Account and to use all appropriate legal remedies to recover its debt.

3.4 Rental period

The User accepts that the timestamped data generated by VILUSO constitutes ****a presumption of the duration of use of a Vehicle by a User.

The rental period runs from the unlocking of the Vehicle.

The rental period ends as soon as the Vehicle has been returned in accordance with article 2.9. The ride will then be marked as completed in the Viluso mobile app.

The Viluso mobile application allows you to check that you have returned the Vehicle. The information in the Viluso mobile application is authentic until proven otherwise. If you believe that you have correctly returned the Vehicle and that, despite this, the Viluso mobile application has not taken it into account, you must immediately contact our customer service to inform us.

3.5  Promo Codes

Promotional codes (discounts) are one-time offers that can only be used through the Viluso mobile application. VILUSO reserves the right to modify or terminate discounts at any time. The same promotional code can only be used once per natural person and per account and cannot be combined with other offers. Promotional codes are non-transferable and cannot be resold.

3.6 Penalties

3.6.1 Vehicle Removal Penalties

If you cannot return a Vehicle to a valid location (i.e. if you deactivate the Vehicle on private property, a residential or community enclosure, outside of the Green Zone, in the Red Zone or any other inaccessible location) and request that the Vehicle is removed by VILUSO staff, VILUSO reserves the right to charge you Vehicle removal penalties provided for by nos Pricing conditions.

The same will apply if you decide, when the Vehicle has not been stolen or lost, to return it to an invalid location, even if you do not ask VILUSO to remove it.

3.6.2 Penalties for Abandoned, Lost, Damaged or Stolen Vehicle

A Vehicle may be considered abandoned, lost or stolen if:

  • the Vehicle is not returned (locked and journey completed) at the end of a continuous period of 24 hours following the end of the rental;

  • the Vehicle's GPS unit is disabled;

  • the Vehicle is parked on unauthorized private property, in a closed enclosure or in any other non-public space for more than 10 minutes after the end of a journey; Or

  • if other facts or circumstances occur which reasonably suggest to VILUSO, in all good faith and unless the User demonstrates proof to the contrary, that the Vehicle has been lost or stolen.

If VILUSO believes that the Vehicle that you are the last User to have rented has been abandoned, lost, damaged or stolen, VILUSO will notify you in writing. VILUSO, following an adequate verification procedure and with regard to the facts, circumstances and justifications that you have provided, may be required to demonstrate that this situation results or does not result from a fault which is exclusively attributable to you.

If you are the last User responsible for a Vehicle that is abandoned, lost, damaged, stolen or returned in any other way that does not comply with article 2.9 above and that VILUSO provides proof that the loss or damage to the Vehicle is your exclusive fact, PONY could implement the following measures against you:

  • Your Viluso Account could be suspended;

  • You may be charged all Vehicle usage charges incurred until the Vehicle is recovered and deactivated, plus service charges as provided by les Pricing conditions et covering the recovery and removal of the Vehicle;

  • You could be liable for the penalty provided for by nos Pricing conditions.

VILUSO reserves the right to take all measures it deems appropriate, including (without limitation) filing a complaint with the competent police authorities as well as all steps likely to allow the return of the lost or stolen Vehicle and /or any appropriate compensation and damages.

3.7 Conditions of withdrawal

You acknowledge and agree to the following:

  • In the event of a rental order, you accept that the rental begins as soon as the vehicle is unlocked, without waiting for the expiry of the withdrawal period, and you expressly declare that you waive any right of withdrawal as soon as this rental is fully executed. before the expiry of any withdrawal period.

  • In the event of the purchase of a subscription, you agree to benefit immediately and without delay from the rights relating thereto. If you are a consumer, you have a legal right of withdrawal of 14 days. However, you expressly declare that you waive any right of withdrawal if the duration of the subscription expires before the expiry of the withdrawal period. Conversely, as long as your subscription is still in progress, you can exercise your right of withdrawal until the expiry of the legal period of 14 days, by sending us the form attached hereto. If you exercise this right, VILUSO will reimburse you only part of the purchase price of the subscription, calculated in proportion to the time elapsed between the date of purchase and the date of exercise of the right of withdrawal.

4.TERMINATION

4.1 Termination by VILUSO

VILUSO may suspend or close your Viluso Account and terminate your right to rent the Vehicles if you do not comply with these General Rental Conditions. For example, we may suspend your Viluso Account if you abandon or lose a Vehicle.

Before suspending or closing your account, we will notify you of our grievances in writing and give you reasonable notice, unless compliance with such notice would objectively be likely to breach our legal or statutory obligations, or harm VILUSO, its affiliates, its Users, Viluso or third parties.

If you do not agree with our decision to suspend or close your Viluso Account, you can write to us at hello@viluso.com.

In the event of permanent closure of his Viluso Account, the User will benefit from a refund of the balance of his Viluso Account under the conditions and according to the methods provided for by les Pricing conditions  and, where applicable, a pro rata temporis reimbursement if he was the holder of a subscription, without prejudice to VILUSO's rights to compensation for the damage it may have suffered.

4.2 Termination by the User

The User may terminate his use of the Vehicles at any time, even through no fault of VILUSO, it being specified however that:

  • Without prejudice to article 3.8 above, VILUSO will not reimburse the price of fixed-term subscriptions or the monthly direct debits already made in payment of open-ended subscriptions;

  • the User remains responsible for acts committed before the termination of these General Conditions of Rental and is in particular liable for the penalties provided for in article 3.7 above.

In the event of VILUSO's fault, the User remains free to seek legal action for the termination to be pronounced against VILUSO and for VILUSO to be ordered to pay him damages or to grant him a price reduction.

Once terminated, the User's Viluso Account will be deleted and their access to the Vehicles will be deactivated.

5. INTELLECTUAL PROPERTY

All intellectual property rights relating to the services offered by VILUSO to Vehicles and to the Viluso mobile application are held by VILUSO. These rights include rights to databases, copyrights, rights relating to designs or models (registered or not) and trademarks (registered or not), information relating to the operation of the Vehicles, maintenance procedures and charge VILUSO to the content of the Viluso mobile application and its operation. All other trademarks, logos, service marks, any company or product names mentioned in the Viluso mobile application are the property of their respective owners.

6. NOTIFICATIONS AND COMMUNICATIONS

VILUSO can be contacted by email at hello@viluso.com

You authorize VILUSO to send you notifications and service messages by email, SMS and any other appropriate means of communication, as well as commercial communications related to the services offered by VILUSO or ancillary services.

You can set your preferences in the Settings section of my account accessible on our website and in the Viluso mobile application.

7. APPLICABLE LAW; DISPUTE SETTLEMENT

7.1 Applicable law

These General Rental Conditions, their interpretation and their application are governed by French law.

7.2 Dispute Resolution

User assistance is available from within the app to address any concerns you may have regarding your use of a Vehicle and/or these Rental Terms and Conditions. The parties will use their best efforts to utilize this support process and resolve any dispute, claim, question or disagreement and enter into good faith negotiations.

If the response provided by VILUSO does not seem satisfactory to you, you can go to the competent courts.

In accordance with the provisions of Articles L 611-1 and R 612-1 and following of the Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and he has not obtained satisfaction or reply within two months, he can submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint.

  • Refer to the competent consumer mediator:

CM2C - Center for Consumer Mediation of Justice Conciliators

8. ASSIGNMENT

VILUSO may assign or transfer its rights or delegate the performance of any of its obligations under contracts with you which are subject to these General Rental Conditions to any affiliated company, including any existing or newly incorporated subsidiary.

If it plans to assign this contract to a third party and that this assignment is likely to result in a reduction of your rights, VILUSO must obtain your prior agreement.

9. MODIFICATION

At any time and from time to time, VILUSO may amend, modify or change these General Rental Conditions. The new version applies to rentals or purchases of subscriptions after its entry into force. It also applies to current subscriptions if, after being informed of this new version, you accept the terms.

Distance purchase withdrawal form

For the attention of VILUSO simplified joint stock company registered with the Trade and Companies Register of Créteil under number B 850 631 235, whose registered office is located at 5, avenue du Général de Gaulle 94 160 Saint-Mandé, whose email address is hello@viluso.com:

I hereby notify you of my withdrawal from the contract relating to the provision of vehicle rental services under a Pony subscription purchased on [date] and subject to order no. [to be completed].

I seek reimbursement of said subscription, after deduction of the fraction of the price corresponding to the period between the date of purchase and the date of exercise of my right of withdrawal.

Consumer name:

Consumer's address:

Signature of the consumer (only in case of notification of this form on paper):

Date :

WANTPLEASE READ THESE TERMS OF USE CAREFULLY. THEY SET OUT THE TERMS AND CONDITIONS OF USE OF THE VILUSO MOBILE APPLICATION.​

 

These General Conditions of Use define the conditions of use of the Viluso mobile application ("the Application") by any user thereof (the "User", also referred to by the pronouns "you", " your" or "your"). They define the contractual relationship between PRATS ROUGIES SAS (trade name: Viluso), a simplified joint-stock company in the Créteil Trade and Companies Register under number B 850 631 235, whose registered office is located at 5, avenue du Général de Gaulle. 94160 Saint-Mandé (hereinafter referred to as "VILUSO" and designated by the pronouns "we", "our", "our") and you, when using the Application.

For any complaints or requests for information about these General Conditions of Use that cannot be settled through our Viluso mobile application, you can reach us by phone at 06 44 36 30 27 or by email_cc781905-5cde- 3194-bb3b-136bad5cf58d_hello@viluso.com

1. APP FEATURES

VILUSO is a professional whose main activity is:

  • short-term rental of vehicles to users 

The Application is the interface through which you can contract remotely with VILUSO in order to access this Service. You can thus, through the Application rent Vehicles to use Vehicles under the conditions provided by les General rental conditions of VILUSO.

The Application also offers various additional functionalities to these Services, such as:

  • the geolocation of Vehicles;

  • the location of the Viluso Vehicles available for hire;

  • the possibility of authorizing withdrawals of sums of money to make security deposits before each rental, to credit a Viluso account for future rentals;

  • tracking by paths;

  • access to the history of transactions made through the Application.

We may update the Application either to optimize the operation or the security of the aforementioned functionalities, or to offer you new ones.

Updates may automatically install on your mobile device with your consent.

We may also stop offering some of the features offered by the Application, as well as the Services associated with the Application, for good reasons, for example, to ensure the security of our systems or to comply with the law, or because they are no longer profitable enough for us to continue to offer them to you.

VILUSO strives to offer the Application 365 days a year, but does not guarantee that it will be available at all times, since events of force majeure or other circumstances (such as maintenance operations) may prevent VILUSO from provide or ensure the operation of the Application.

2. TERMS OF ACCESS TO THE FUNCTIONALITIES OF THE APPLICATION

To be able to benefit from the features of the Application, you must:

  • Create a VILUSO account. To do this, you must download the Application and enter your telephone number, or other personal data. VILUSO will verify your contact data by sending you a verification code by SMS allowing you to finalize your registration and activate your account (the "Viluso Account"). You agree to provide correct and up-to-date information. Your Viluso Account is personal to you and you must not share it with third parties. Your personal data will be processed by Viluso, for the provision of the services described herein in accordance with our Privacy Policy

The use of the Application by the User is free in the sense that:

  • It does not require the payment of any price in order to be downloaded;

  • Neither its downloading nor the creation of a Viluso Account implies a commitment from the User.

 

3. USE RESTRICTIONS

You must not use the Application:

  • If you are under 18;

You must not alter, harm, or disrupt the normal operation of the Application, divert its purpose, attempt to access it without authorization, or use them in any way other than as stipulated in these Conditions of Use. 'use.

 

4. TERMINATION

VILUSO may suspend or close your VILUSO Account and terminate your right to use the Application if you do not comply with these General Terms and Conditions of Use.

If you do not agree with our decision to suspend or close your Viluso Account, you can write to us at hello@viluso.com.

The User may terminate his use of the Application, or uninstall it at any time, it being specified however that he remains responsible for acts committed before termination.

5. INTELLECTUAL PROPERTY

All intellectual property rights relating to the Application are held by VILUSO. These rights include rights to databases, copyrights, rights relating to designs or models (registered or not) and trademarks (registered or not), information relating to the operation of the Vehicles, maintenance procedures and charge VILUSO, the content of the Application and its operation. All other trademarks, logos, service marks, company or product names mentioned in the Application are the property of their respective owners.

6. NOTICES AND COMMUNICATIONS

VILUSO   can be contacted by email at hello@viluso.com

You authorize VILUSO to send you notifications and service messages by email, SMS and any other appropriate means of communication, or commercial communications related to the Services or ancillary services.

7. APPLICABLE LAW; DISPUTE SETTLEMENT

These General Conditions of Use, their interpretation and their application are governed by French law.

User assistance is available from the Application to address any concerns you may have regarding your use of a Vehicle and/or these Terms of Use. The parties will use their best efforts to utilize this support process and resolve any dispute, claim, question or disagreement and enter into good faith negotiations.

If the response provided by VILUSO does not seem satisfactory to you, you can go to the competent courts. 

8. ASSIGNMENT

VILUSO may assign or transfer its rights or delegate the performance of any of its obligations to any affiliated company, including any existing or newly incorporated subsidiary.

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