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Article 1: Purpose
The purpose of these General Rental Terms and Conditions is to inform the renter of the terms and conditions for renting surf equipment from Colors of Surfing before making a reservation and entering into a rental agreement.
All rentals are subject to a rental agreement between the renter and Colors of Surfing.
Art 2: Conditions for concluding the rental agreement
2.1 Presentation of an identity card
The renter must present a valid official identity document (national identity card, passport, driver's license) in order to rent. This identity document will be kept by Colors of Surfing for the duration of the rental and returned to the renter at the end of the rental.
2.2 Payment for the rental
The renter must pay the total rental price, as set out in the rental agreement, before taking possession of the rented equipment.
2.3 Security deposit
The renter must pay Colors of Surfing the sum of €350 upon conclusion of the rental agreement as a security deposit. This sum will be returned in full to the renter at the end of the rental period, except in the event of damage to the equipment, as provided for in Article 6 of these terms and conditions.
Article 3: Rental period
3.1 The rental period begins when the renter takes possession of the equipment. It ends when the renter returns the rented equipment.
3.2 The rental period is specified in the rental agreement.
3.3 The rental period is calculated in days. Days are calculated in 24-hour increments from the time the renter takes possession of the equipment.
Art 4: Tenant taking possession
4.1 Possession shall take place at the Colors of Surfing premises during opening hours, unless otherwise specified in the rental agreement.
4.2 Colors of Surfing undertakes to provide equipment that complies with the specifications of the rental agreement, is in good working order and clean, and complies with the regulations in force.
4.3 All takeovers shall be preceded by an inventory of the rented equipment, which shall be appended to the rental agreement.
4.5 By accepting these terms and conditions and the rental agreement, the renter acknowledges that they have taken possession of the equipment in good condition, except for any reservations indicated on the inventory appended to the rental agreement, and any non-apparent defects or hidden defects.
4.6 The Lessee's taking possession of the equipment entails the transfer of risk to the Lessee, who assumes responsibility for the rented equipment until it is returned.
Article 5: Use of rented equipment
5.1 The renter certifies that they are capable of using the equipment and surfing under their sole responsibility. During the rental period, the renter agrees to:
not lend or sublet the rented equipment, either for a fee or free of charge;
use the rented equipment reasonably and with caution, and not use it for any purpose other than that for which it is normally intended;
comply with the regulations in force, in particular by only surfing in the areas marked for this purpose, by keeping informed of weather and tide conditions, and by complying with surfing customs and rules of priority to avoid any collision or impact.
5.2 The renter acknowledges that Colors of Surfing has provided them with an overview of the rules and customs associated with surfing when they took possession of the equipment.
5.3 Colors of Surfing cannot be held liable for any damage occurring during the use of the rented equipment.
Article 6: Return of rented equipment
6.1 Conditions for returning rented equipment
6.1.1 Rented equipment must be returned to the Colors of Surfing premises during opening hours, unless otherwise specified in the rental agreement.
6.1.2 The return date for rented equipment is specified in the rental agreement.
6.1.2 The return date for rented equipment is specified in the rental agreement.
6.1.3 The renter may return the rented equipment before the date specified in the rental agreement.
The price paid upon taking possession for unused rental days may be refunded in the form of a credit note. If the equipment is returned before the date specified in the rental agreement for a serious reason (injury preventing surfing, illness, family emergency), the price paid upon taking possession for the unused rental days may be refunded in cash or in the form of a credit note. Colors of Surfing reserves the right to require proof from the renter, if necessary.
6.1.4 Any failure by the renter to return the rented equipment on the date specified in the rental agreement will be billed at a daily rate of €20 per day of delay.
6.1.5 Colors of Surfing reserves the right, in the event of failure to return the rented equipment within two working days, and after three unsuccessful attempts to recover the equipment, to collect the entire security deposit.
6.1.6 If the Renter has been unable to return the rented equipment due to the closure of the Colors of Surfing premises during its opening hours, the Renter may return the rented equipment the following day before noon, without Colors of Surfing being able to demand additional payment. If it is impossible to return the equipment, the renter shall contact Colors of Surfing at (phone number/email address).
6.2 Inventory of rented equipment
6.2.1 The renter agrees to return the rented equipment as received, in accordance with the inventory made at the time of taking possession, in good working order and clean.
An inventory of the rented equipment shall be carried out upon return.
6.2.2 The renter may be liable, in the cases provided for in Article 7 of these terms and conditions,
for the cost of repairing or replacing damaged equipment.
Article 7: Repair and replacement of rented equipment
7.1 In the event of damage to the rented equipment, the renter undertakes not to repair the equipment themselves or have it repaired by a third party. The renter undertakes to return the damaged equipment to Colors of Surfing.
7.2 In the event of damage, loss, or theft of the rented equipment, repair or replacement services may be billed to the renter based on the following rates:
Repair Price
Damage (crack, hole, breakage) measuring
less than or equal to 2 centimeters €20 for the first repair + €10
per additional repair
Damage (crack, hole, breakage) measuring
more than 4 centimeters €40
Theft and loss Price
Longboards €700
Midlenght €600
Shortboards €550
Wetsuits €100
7.3 However, the renter shall not be liable for major repairs to damage that prevents the use of the equipment, in particular in the event of the surfboard breaking in two, or damage resulting from non-apparent wear and tear or a hidden defect.
Art. 8: Damage and liability.
In accordance with Article 4.6, Colors of Surfing cannot be held liable for any bodily injury or property damage caused to third parties by the rented equipment during the rental period, which is the sole responsibility of the renter, who is responsible for the care of the rented equipment. Colors of Surfing draws the renter's attention to the need to have civil liability insurance in the event of damage caused to third parties and cannot be held liable in the absence of such insurance.
Article 8: Applicable law – Competent jurisdiction
The rental agreement between the renter and Colors of Surfing is governed by French law. Any dispute that may arise between the parties shall fall within the exclusive jurisdiction of the French courts.