TERMS OF SERVICE

TERMS OF SERVICE

Last updated version : 25 May 2018.

These terms and conditions, as may be amended from time to time, apply to all our services made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content and infrastructure of these pages, and the online Stand Up Paddle/Kayak and/or Bike rental service provided on these pages and through the website (the “service”) are owned, operated and provided by OceanRide S.A.S. (“OceanRide.org”, “OceanRide, Click&Paddle”, “OceanRide, Paddle&Bike”, "us", "we" or "our") and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.

ARTICLE 1 – Object of the “OceanRide” service

OceanRide S.A.S. has created a network of Stand Up Paddle/Kayak and/or Bike renters spots and developed an online platform, www.oceanride.org, in order to facilitate the short-duration rental of the aforementioned Stand Up Paddle/Kayak and/or Bike and ancillary accessories required to practice these activities.

Through the website we (OceanRide S.A.S) provide an online platform through which the members of the network of Stand Up Paddle/Kayak and/or Bike spots that we have created can advertise their Stand Up Paddle/Kayak and/or Bike and all ancillary accessories for hire and through which visitors to the website can make such bookings. By making a booking through www.oceanride.org, you enter into a direct contractual relationship with the renter with whom you have made the booking. From the point at which you make your booking, we act solely as an intermediary between you and the renter, transmitting the details of your booking and sending you a confirmation email for and on behalf of the renter.

When rendering our services, the information that we disclose is based on the information provided to us by renter who are members of the network. As such, these renter are given access to a Back Office through which they are fully responsible for updating availabilities and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each renter remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including availabilities) displayed on our website.

Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.

ARTICLE 2 – Terms and conditions of access to the “OceanRide “service

The “OceanRide“ service is open to anyone who wants to Stand Up Paddle/Kayak and/or Bike and does not have any pre-existing medical conditions.
 
For users who are minors, the legal guardian of the contract holder agrees to these terms and conditions and assumes complete responsibility for all the damage caused directly or indirectly by the minor as a result of using the “OceanRide “service.

OceanRide recommends Stand Up Paddle/Kayak for those aged 8 or older under the full responsibility of the legal guardian. For those under 16 years of age, the presence of an adult is compulsory. Unaccompanied minors between 16 to 18 years of age, must have parental permission. A standard form to fill in is available to download from the website or at your renter.  

Regarding Bike rentals, Children Bikes (Size 20’ and Size 24’) are designed for children between 6 and 13 years of age. Minors must have a parental or guardian consent.

The service is limited to the material and the accessories available at each renter.

ARTICLE 3 – The online registration process for the service


3-A. Online services available;

Online registration to services is free and open to everyone wanting to register.

Registration to the online services presents three features to users:
- A unique account in order to complete the aforementioned steps.
- Monitoring progress: users can follow the steps of how their application is being processed by OceanRide or the partners involved in the process.
- A personal account area: users keep their previous orders and exchanges with OceanRide and/or its partners involved in the process, in their personal account.


3-B. Description of the registration process;

Registration is unique and provides access to all of the oceanride.org services. The registration process allows the creation of a personal account for the user. The email address of the user is the unique key for identifying the user. The creation of several personal accounts with the same email address is not possible.

During the registration process, the user enters their name, email address and chooses a password to validate the registration to services.

The email address is the identifier and is used for sending messages relating to monitoring progress.

The password must consist of at least 6 characters and include at least one letter and one number. No spaces, no accents or special characters. The underscore, ‘_’, and hyphen, ‘-‘, are allowed. Passwords are case sensitive.

The correct creation of the user's personal account is validated by a confirmation message.

Once created, the personal account cannot be deleted by the user. However, it is possible at any time to apply to OceanRide for its suspension or suppression (contact_RGPD@oceanride.org)


3-C. Access to the services;

Access to oceanride.org services is available only at the following address: www.oceanride.org by clicking on the 'Login' link (in the upper part of the website on the right hand side).

Access to the OceanRide.org services is available 24 hours a day, 7 days a week, subject to suspensions related to technical operations to keep the services operating. Whenever possible, a message announcing the unavailability of services will be posted on the site. However, access to services may be temporarily interrupted without notice for necessary technical interventions.

The username and password set by the user during registration authorise, through a login screen, access to their personal account.

The user has been successfully authenticated when their name appears instead of the “Login” link (to the right of the logo in the upper part of the page).


3-D. Login reminders and password changes;

It is possible to change a password at the following address: www.oceanride.org, by clicking on the “login” link (in the upper part of the website on the right hand side).

This screen enables:
- By clicking on “forgot your password?”, an email allowing you to change your password is sent to the email address of the user.
Note : The password is encrypted and not visible to the administrators of the online services.


3-E. Security management;

User authentication to OceanRide services is achieved by entering the username (email address) and a password defined by the user at the time of registration.

The username and password chosen by the user are confidential. The user undertakes to inform OceanRide (contact@oceanride.org) of any unauthorised use of such information. OceanRide cannot be held responsible for possible damage caused by the use of the username and password by an unauthorised person.

OceanRide undertakes to take all necessary measures to ensure the security and confidentiality of information provided by the user.


3-F. Privacy Policy;

This Privacy Policy describes how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of the Platform and the Payment Services.  

When this policy mentions “OceanRide” “we,” “us,” or “our,” it refers to the OceanRide company that is responsible for your information under this Privacy Policy (the “Data Controller”).  

This Privacy Policy also applies to the Payment Services provided to you by MangoPay. For more information regarding MangoPay’s Privacy Policy Terms click here  

3.F.i Information we collect   

There are three general categories of information we collect.

A. Information you give to us

A.1 Information that is necessary for the use of the OceanRide Platform.

We ask for and collect the following personal information about you when you use the OceanRide Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.

*Account Information. When you sign up for an OceanRide account, we require certain information such as your first name, last name, email address, and date of birth.

*Profile and Listing Information. To use certain features of the OceanRide Platform, we may ask you to provide additional information, which may include your address, phone number, and a profile picture.

*Payment Information. To use certain features of the OceanRide Platform, we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments. This payment information are not recorded by OceanRide.org but only by our Partner Mangopay. 

*Communications with OceanRide.org and other Members. When you communicate with OceanRide.org or use the OceanRide Platform to communicate with other Members, we collect information about your communication and any information you choose to provide.  

A.2 Information you choose to give us

You may choose to provide us with additional personal information in order to obtain a better user experience when using OceanRide.org. This additional information will be processed based on your consent

*Additional Profile Information. You may choose to provide additional information as part of your oceanride.org profile (such as preferred language(s), city). Some of this information as indicated in your Account settings is part of your profile.

A.3 Information that is necessary for the use of the Payment services

The Payments Data Controller, our Partner MangoPay, needs to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:

*Payment Information. When you use the Payment Services, the Payments Data Controller requires certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law

*Identity Verification and Other Information. If you are an OceanRide Renter, the Payments Data Controller may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the Payment Services to you, and to comply with applicable law.

B. Information we automatically collect from your use of the OceanRide.org Platform and the Payment services

When you use the OceanRide.org Platform and the Payment Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the OceanRide.org Platform and Payment Services.

*Geo-location Information. When you use certain features of the OceanRide.org Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience.

*Usage Information. We collect information about your interactions with the OceanRide.org Platform, such as the pages or content you view, your searches for Renters, bookings you have made, and other actions on the OceanRide.org Platform.

*Log Data and Device Information. We automatically collect log data and device information when you access and use the OceanRide.org Platform even if you have not created an OceanRide.org account. That information includes, among other things: details about how you’ve used the OceanRide.org Platform including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the OceanRide.org Platform

*Cookies and Similar Technologies. We use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies on the OceanRide.org Platform or engage others to track your behavior on our behalf. While you may disable the usage of cookies through your browser settings, the OceanRide.org currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted.

*Payment Transaction Information. MangoPay collects information related to your payment transactions through the OceanRide.org platform, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and Mangopay and to allow the provision of the Payment services C.

C. Information we collect from Third Parties.

OceanRide.org may collect information, including personal information, that others provide about you when they use the OceanRide.org Platform, or obtain information from other sources and combine that with information we collect through the OceanRide.org Platform. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties

*Third Party Services. If you link, connect, or login to your OceanRide.org account with a third party service (For ex. Facebook), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.

*Your review. As a renter, If someone has written a review of your service, it will be published on your OceanRide.org public profile page with your consent.

*Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the OceanRide.org Platform through partnerships, or about your experiences and interactions from our partner ad networks.

3.F.ii How we use information we collect

We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the OceanRide.org Platform, create and maintain a trusted and safer environment and comply with our legal obligations.

A. Provide, Improve, and Develop the OceanRide.org Platform.  

*Enable you to access and use the OceanRide.org Platform.

*Enable you to communicate with other members.

*Operate, protect, improve and optimize the OceanRide.org Platform and experience, such as by performing analytics and conducting research.

*Provide Customer Service.

*Send you service or support messages, updates, security alerts and account notifications. If you provide us with your contacts’ information we may process this information : (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection ·      

*To operate, protect, improve, and optimize the OceanRide.org Platform and experience, and personalize and customize your experience (such as making Listing suggestions or ranking search results), we conduct profiling based on your interactions with the OceanRide.org Platform, your search and booking history, your profile information and preferences, and other content you submit to the OceanRide.org Platform  

We process this information given our legitimate interest in improving the OceanRide.org Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.    

B. Create and Maintain a Trusted and Safer Environment.

*Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity Conduct Security investigations and risk assessments

*Verify or authenticate information or identifications provided by you.      

*Conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required

*Comply with our legal obligations

*Resolve any disputes with any of our Members and enforce our agreements with third parties

*Enforce our Terms of Service and other policies

*In connection with the activities above, we may conduct profiling based on your interactions with the OceanRide.org Platform, your profile information and other content you submit to the OceanRide.org Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the OceanRide.org Platform if such processes detect a Member or activity that we think poses a safety or other risk to the OceanRide.org Platform, other Members, or third parties.

We process this information given our legitimate interest in improving the OceanRide.org Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.  

C. Provide, Personalize, Measure and Improve our advertising and Marketing.

*Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about OceanRide.org or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google).       

*Personalize, measure, and improve our advertising ·       

*Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by OceanRide.org or its third party partners.   

*Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the OceanRide.org Platform, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.  

We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your OceanRide.org Account  

D. How the Payments Data Controller uses the Information Collected

The Payments Data Controller, MangoPay, processes this information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws. For more information, please read MangoPay terms

3.F.iii Sharing & Disclosure

A. With your consent.

Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your OceanRide.org Account or when you participate in promotional activities conducted by OceanRide.org partners or third parties

B. Sharing between members

To help facilitate bookings or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:

*When you submit a booking request as a clients, certain information about you is shared with the renter including full name, the full name of any additional participants, your telephone number and other information you agree to share.

*When you as a renter have confirm a booking certain information is shared with the client, to coordinate the booking, such as your full name, phone number and exact renting location.

*When as a client you invite other participants to a booking, your full name, date and time of booking, name of the renter and its location and other information will be shared with each additional participant.

*When you as a Client initiate a Group Payment Booking Request certain information about each participant such as first name, last initial, profile picture as well as the booking details is shared among all participants of the Group Payment Booking Request.

We don't share your billing and payout information with other Members

C. Service Providers.

OceanRide.org uses a variety of third party service providers to help us provide services related to the OceanRide.org platform. Service providers may be located inside or outside of the European Economic Area (“EEA”) or outside.

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the OoceanRide.org Services through third party platforms and software tools (e.g. through the integration with our APIs), or (vi) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

OceanRide.org will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.  

D. Social Media Platforms.

Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the OceanRide.org Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.  

The social media platforms with which we may share your personal data are not controlled or supervised by OceanRide.org Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.  

Please note that you may, at any time ask OceanRide.org to cease processing your data for these direct marketing purposes by sending an e-mail to contact_RGPD@oceanride.org

3.F.iv. Other important information

A. Analyzing your Communications .

We may review, scan, or analyze your communications on the OceanRide.org Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.

These activities are carried out based on OceanRide.org's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.

B. Linking Third Party Accounts.

We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.  

C. Google Maps/Earth.

Parts of the OceanRide.org Platform use Google Maps/Earth services, including the Google Maps API(s). Use of Google Maps/Earth is subject to Google Maps/Earth Additional Terms of Use and the Google Privacy Policy.  

3.F.v. Third Party Partners & Integrations

The OceanRide.org Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). OceanRide.org doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, OceanRide.org, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

3.F.vi. Your rights

You may exercise any of the rights described in this section before your applicable OceanRide Data Controller and Payments Data Controller by sending an email to contact_RGPD@oceanride.org.  Please note that we may ask you to verify your identity before taking further action on your request.  

A. Managing your Information

You may access and update some of your information through your Account settings. If you have chosen to connect your OceanRide.org Account to a third-party application, like Facebook, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.  

B. Rectification of Inaccurate or Incomplete Information.

You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your OceanRide.org Account).

C. Data Access and Portability.

In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

D. Data Retention and Erasure.

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the OceanRide.org Platform to you, you can request that we erase your personal information and close your OceanRide.org Account. Please note that if you request the erasure of your personal information:

*We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an OceanRide.org Account for fraud or safety reasons, we may retain certain information from OceanRide.org Account in the future.

*We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, OceanRide.org may keep some of your information for tax, legal reporting and auditing obligations.

*Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the OceanRide.org Platform, even after your OceanRide.org Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers. ·      

*Because we maintain the OceanRide.org Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.  

E. Withdrawing Consent and Restriction of Processing.

Where you have provided your consent to the processing of your personal information by OceanRide.org you may withdraw your consent at any time by changing your Account settings or by sending a communication to OceanRide specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section F and pending the verification whether the legitimate grounds of OceanRide override your own  

F. Objection to processing.

In some jurisdictions, applicable law may entitle you to require OceanRide.org not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing OceanRide will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time ask OceanRide to cease processing your data for these direct marketing purposes by sending an e-mail to contact_RGPD@oceanride.org.

G. Lodging complaints.

You have the right to lodge complaints about the data processing activities carried out by OceanRide.org before the competent data protection authorities

3.F.vii. Sécurity

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your OceanRide Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your OceanRide Account, please contact us following the instructions in the Contact Us section below

3.F.viii. Changes to this Privacy Policy

OceanRide reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the OceanRide Platform and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date they become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the OceanRide.org Platform will be subject to the revised Privacy Policy.

3.F.ix Contact

If you have any questions or complaints about this Privacy Policy or OceanRide’s information handling practices, you may email us : contact_RGPD@oceanride.org

ARTICLE 4 – Rates and terms of payment


4-A. Rates

Each renter applies its own rate.

These rates are inclusive of all taxes.

Before the start of each rental, a schedule of condition is established between the customer and the renter. The signing of the lease constitutes acceptance of the condition of the Stand Up Paddle/Kayak or Bike and accessories.

Exceeding the rental time will be charged initially by the ¼ hour based on the rental price of one hour.


4-B. Terms of Payment

When you book with a Free OceanRide spot, the payment of the rental fee and all-inclusive taxes is made to the spot on site according to their terms.

As part of Club OceanRide, the payment of the rental fee and delivery of services, inclusive of all taxes, is made online on the OceanRide.org platform by the customer in e-money via Leetchi’s MangoPay Wallet collaborative payment platform.

Upon validation of the booking, a request for pre-authorisation is made and maintained until the day of the session. The collection of the total amount due will be taken, at the latest, on the night after the completion of the service.   

This payment constitutes a "Payment transaction” under the MangoPay Terms and Conditions.

Throughout the whole process, the credit card number is not stored on the OceanRide.org platform, but only on the server of the banking service.


4-C. Deposit

On the signing of the rental contract, at the time it starts, a second request for pre-authorisation for the deposit is made in parallel on the payment card used for the booking. This request for pre-authorisation is made at the beginning of the rental session. In cases where no incidents are reported, the pre-authorisation is withdrawn. In the case of the non-return of rented equipment, of loss, theft or damage to the rented equipment, the amount corresponding to the damage will be charged to the card used for the booking.

This deposit amounts to 200 euros per board booked. With bookings of more than three boards, this deposit is capped at 600 Euros for the entire booking.


4-D. Cancellation

4-D-i By the User

The customer has the option of cancelling their booking without charge up until 72 hours before the delivery of service.

After this period of 72 hours, the customer may cancel the session up until the last minute. The cost of the service will be charged at the time of cancellation. The customer can then defer their order for one month from the initial booking, but only at the renter where the original booking was made and using a Credit Note code. Beyond this one-month period, the booking will be lost.

4-D-ii By the spot

In the case of the renter being obliged to cancel a booking, the official means of cancellation is via an email through the oceanride.org platform prepared and sent via the back office of the renter. 

4-E. Promo Codes

A promotional code (Credit Note or Beach Clean-Up) can be used once.  

In the case of a Beach Clean-Up code, it can only be used at the renter where the Beach Clean-up took place.

In the case of a Credit Note code, it can only be used at the renter where the original booking was made.

ARTICLE 5 - Free of Charge

Our service is free of charge. We will not charge you for our service or add any additional (booking) fees to the rental rate.

The spot pays a commission (corresponding to a small percentage of the rental rate) to OceanRide at the end of the rental.

ARTICLE 6 – Obligations of the Parties

OceanRide and members of the network of renters undertake:

- To provide the service according to the Terms & Conditions (T&Cs) described herein
- To make their best efforts to ensure the continuity and quality of service provided with all the means at their disposal.

Members of the network of srenters are exclusively responsible for the conditions in which the SUP/Kayak or Bike are rented to customers and particularly regarding safety.

Furthermore, they acknowledge that they have the skills necessary to objectively judge if weather conditions are satisfactory for the level of users who are renting the SUP/Kayak or Bike and of the renter.

OceanRide cannot be held responsible:
- In the event of a proven breach from the renter about the services provided
- In the event of improper use by the customer of the services provided, especially for damage or injury resulting from the use or misuse of a Stand Up Paddle/Kayak or Bike , or a lack of good sense or inability to use theStand Up Paddle/Kayak or Bike.
- In case of a failure by the customer in their obligations under the terms and conditions of the service
- In case of use of the service by an unauthorised person
- In case of breakdown, capacity, malfunction, suspension for service affecting GSM, GPRS and SMS public mobile networks, or any new generation networks run by the customer's mobile operator
- In case of force majeure

The client agrees to:

 - Use the Stand Up Paddle/Kayak or Bike and accessories in accordance with the instructions provided by the renter, specifically with regard to navigation, and in accordance with the terms and conditions of the “OceanRide” service:  

- Understand and not exceed their limits  

- Not use alcohol or mind-altering drugs prior to or while using the equipment

For Stand UP Paddle and Kayak 

- Always wear an approved personal flotation device, unless you are using the boards in the waves. In waves, where the use of a personal flotation device can be dangerous, you should have the appropriate swimming and paddling ability not to need one.

- Dress appropriately for the weather conditions and the spot: cold water and/or weather can result in hypothermia

- Always use a surf leash to attach your leg to the board. However, a leash is not a life-saving device and is intended for convenience only. It is not intended to compensate for deficient paddling and swimming ability, ocean knowledge, safety precautions, or general common sense.

*Never grab or wrap the leash around your hand to recover the board: the force of a wave may cause serious damage to your hand or fingers and even amputation in the worst cases.

*A SUP leash can become stuck on objects under the water, particularly when surfing on reef or rock breaks. To reduce the risk of drowning, before going surfing with this leash you must train regularly to use the quick release pull-tab on the velcro ankle or knee bracelet.

*SUP leashes are not intended for use in rivers with current or whitewater rapids. They should not be used in these conditions unless used in conjunction with a flotation vest and having followed the specific training for this type of activity.

*You should not drag the board using the leash. Leashes have not been designed to tow, carry or tighten things.

*Always hold unto your SUP paddle. The SUP paddle is a vital part of your propulsion, manoeuvrability and above all safety. If dropped in the water it should be recovered as quickly as possible. Never paddle in surf conditions if you cannot control your SUP paddle at all times. A floating paddle may be dangerous for other water users.

*Always check the state of your fin, to ensure that it is smooth and free of cutting edges, which can cause serious injury to either you or somebody else.

*Never paddle alone.

*Be aware of changes in wave conditions, tidal changes, dangerous currents, and river water levels. Never paddle in floods conditions.

 When biking  

Before setting out, it is recommended to  

- Use the adequate equipment :  

*Wearing a helmet is highly recommended as well as non-slip shoes and gloves  

*Wear light colored clothes  

*Avoid wearing long scarf as well as sling bags,  

*Neither listen to an audio player nor use mobile phone while cycling  

*Wear a reflective vest at night or when cloudy  

- Prepare your excursion, meaning    

*Study you route in order to identify its length and all the difficulties  

*Avoid going on your own and have with you a note with your contacts,  

*Do not litter  

*Respect Private Properties,  

*Always Stop and park off the road, on its side  

*Check the weather forecast and inform your close one of your itinerary    

While riding, it is important to have a good behaviour i.e.  

-       Adopt a correct position on the road :  

*Ride on the right hand side of the road and approx at 1m away from the cars and/or pavement  

*Do not zigzag between cars,  

*Do not cycle on the pavements. Only children under the age of 8 are authorized,  

*Use cyle lanes and paths when they exist,  

*At intersections, stand in front of the cars to be seen.

- Signal when you change direction :

*Using your arm.

- Control your speed :

*Downhill and near traffic lights or stops

- Keep your distance :

*At least 1m from other vehicules and 1 bike with the one in front of you.

- Anticipate potential risks:

*Door opening, pedestrian crossing, vehicule changing lanes

- Avoid blind spot : a Blind spot is an area in your range of vision that you cannot see properly, especially while driving. It is proportionnal to the height and length of the car.

*Be careful when approaching lorries, bus or vans (2 metres minimum)  

*At junctions with traffic lights, stop at least 2 metres in front of the driver cabin.  

*At a junction or roundabout, neither stay on the right hand side of a lorry a coach or a van, nor outside the driver’s scope of vision.

- When in a roundabout you should

*Keep right when there is no cycling lanes,  

*Signal your track with your arm or the exist used,  

*Look at other drivers to make sure that they have seen you.  

- To return the rented Stand Up Paddle and accessories on time according to the period of use permitted.


- The customer is forbidden to make any repair, modification or transformation that can make the Stand Up Paddle and/or accessories unfit for its intended use.

ARTICLE 7 – Restrictions on the use of service

Subletting of the Stand Up Paddle/Kayak/Bike and/or ancillary accessories necessary for the activity is prohibited. 

The customer is allowed to use the Stand Up Paddle/Kayak and/or Bike and accessories rented under the terms herein, provided it is reasonably used, which excludes in particular: :

- Any use outside of the area of use defined by the renter
- Any use in conditions of a type that damages the board
- Any use of the Stand Up Paddle/Kayak and/or Bike and/or the ancillary accessories necessary for the activity that could jeopardize the customer or third parties.
- Any dismantling or attempt to dismantle all or part of the Stand Up Paddle/Kayak and/or Bike and/or the ancillary accessories necessary for the activity.

ARTICLE 8 – Responsibilities and declarations by the client

The customer or his legal representative is fully and solely responsible for damage caused by theStand Up Paddle/Kayak and/or Bike and/or ancillary accessories necessary for the activity, or for use that is made of it for the duration of use, including when the permissible period of use is exceeded.

AllStand Up Paddle/Kayak and/or Bike and/or ancillary accessories necessary for the activity not returned in the terms established by the contract are considered as a case of disappearance justifying the collection by "OceanRide" of the deposit and of supplementary billing to cover the entire costs of buying the rented equipment by the renter under the terms and conditions set out in Article 8.

In case of disappearance, loss or theft of a Stand Up Paddle/Kayak and/or Bike and/or its ancillary accessories necessary for the activity of which they are in charge, the customer is obliged to report the disappearance. They remain fully and solely responsible for the Stand Up Paddle/Kayak and/or Bike and/or its ancillary accessories required for the activity. In particular, the customer must make a statement to the police.

In case of accident and/or incident involving the Stand Up Paddle/Kayak and/or Bike and/or its ancillary accessories necessary for the activity, the customer has an obligation to report the facts as soon as possible to the relevant OceanRide Renter. However, the Stand Up Paddle/Kayak and/or Bike and/or necessary ancillary accessories, remain their responsibility until delivery by hand to the relevant OceanRide Renter.

The customer confirms that he holds a third-party liability insurance policy.

The customer agrees to leave a phone number/email address on which they can be contacted by someone from the “OceanRide” service as necessary. They undertake to inform "OceanRide" of any change in telephone number/email address.

Validation of a booking by the user will be taken as confirmation that they have fully understood and subscribe without reservation of any kind to the content of these Terms and Conditions.


ARTICLE 9 – Insurance

9.A – Third-party liability

The OceanRide company has a third-party insurance policy contract with AXA IARD, n°7051484304, the amount of cover and excess is:

Nature of the coverage

Limit in Euros

Excess in Euros

1 – Third-party Liability before delivery of products or receipt of works

All covered damages guaranteed for all deposits except those referred to in §A, B and C below, may not exceed for:

9,100,000 Euros per claim

  • Personal Injury

9,100,000 Euros per claim

VOID

  • Material and consequential damages together

2,000,000 Euros

500 Euros per claim

  • Non-consecutive consequential damages (article 3.3 of the T&Cs)

250,000 Euros per claim

2,500 Euros per claim

A/ Gross negligence (article 2.1 of the T&Cs)

  • Personal injury

2,000,000 Euros per year of insurance, allowing 1,000,000 Euros per claim

380 Euros per claim

B/ Damage to entrusted property (article 3.1 of T&C's)

  • Material and consequential damages combined

220,000 Euros per claim

500 Euros per claim

C/ Accidental damage to the environment (article 3.2 of the T&Cs)

  • Personal injury, consecutive material and consequential damages combined

750,000 Euros per year of insurance

1,500 Euros per claim

2 – Third-party Liability after delivery of products or receipt of works

Total damages covered cannot exceed for:

2,200,000 Euros per year of insurance

  • Personal injury, consecutive material and consequential damages

2,200,000 Euros per year of insurance

500 Euros per claim

  • Non-consecutive consequential damages (article 3.4 of the T&Cs)

250,000 Euros per year of insurance

2 500 Euros per claim

The cost of removal and reinstallation (article 3.4.2 of the T&Cs)

Cover not underwritten

3 – Withdrawal fee

100,000 Euros per year of insurance

3,800 Euros per claim

4 – Defence (article 5 of the T&Cs)

Included in the applicable coverage

Excess depends on the coverage

5- Recourse (article 5 of the T&Cs)

20,000 Euros per case/dispute

Intervention threshold :

380 Euros


9.B – Personal Accident


Policies covering "Death and Permanent, partial or total disability" have been taken out with AXA IARD under contract n°7051484304 (the specific and general conditions of this contract are available on request to the email address below). If desired it is possible to increase this coverage on demand: the request must be made by email to contact@oceanride.org at least 72 hours before the scheduled session.  

Coverage:

Death by accident: €10,000
Permanent Invalidity
Permanent, partial or total disability by accident: €50,000 (according to Insurance reimbursement rate)

ARTICLE 10 – Rights reserved by "OceanRide"

"OceanRide" reserves the right to deny access to the service to anyone not observing these terms and conditions, without being required to provide any further justification.  

In accordance with Articles 6, 7 and 8, all responsibility of “OceanRide” related to the use that the customer could make of a Stand Up Paddle/Kayak and/or Bike and / or its ancillary accessories necessary for the activity, or damage the client might cause to himself or others due to the use of aStand Up Paddle/Kayak and/or Bike and / or its ancillary accessories necessary for the activity, is entirely excluded.


ARTICLE 11 – Penalties

At the beginning of each period of validity, the customer authorises “OceanRide”, in advance, to request the direct debit of a security deposit in cases with the following conditions, detailed and listed exhaustively hereinafter: deterioration of aStand Up Paddle/Kayak and/or Bike and / or its ancillary accessories necessary for the activity by themselves or a third party during the rental period, fraudulent use, or failure to return a Stand Up Paddle/Kayak and/or Bike and / or its ancillary accessories necessary for the activity prescribed in the terms of the contract or any other breach of the latter in the Terms and Conditions.

In cases where the damages suffered exceed the amount of the security deposit, the cost of repairs will be the responsibility of the customer and they will be invoiced.

Penalties as detailed in by the renter are applied on the return of a Stand Up Paddle/Kayak and/or Bike and / or its ancillary accessories necessary for the activity. These penalties will be paid in addition to the rental fee during the return and after inspection by the relevant lister. They will be charged to the customer and adjustable on site, in case of the observation of a customer's breach of their obligations under these Terms and Conditions.

The customer agrees to report any change in their relationship with the institution issuing the credit card used, or with the bank whose details have been provided as part of these Terms and Conditions, which may affect the successful completion of the debit authorisation granted by that bank during the validity period.

ARTICLE 12 - Social media

By using this Website and tagging #OceanRideSUP and sharing your Photos with us you grant OceanRide a royalty-free, perpetual, worldwide licence to use your Photos that you've tagged with the hashtag #OceanRideSUP, #Click&Paddle, and/or #OceanRide, and/or #OceanRideBike&Paddle, and/or #OceanRideBike, and/or #OceanRideKayak on www.oceanride.org and/or on any of OceanRide's social media platforms including but not limited to Instagram, Facebook and Twitter for marketing and/or to use in advertising. 

OceanRide may decide to use your images and reserve the right to reproduce, distribute, combine with other materials, alter and/or edit your content in any manner in its sole discretion, with no obligation to you whatsoever. 

You herby represent and warrant that (i) you own all rights in and to your Photos, (ii) you have permission from any person(s) appearing in your Photos to grant the rights herein, (iii) OceanRide's use of your content will not violate the rights of any third party or any law. 

You herby release and discharge OceanRide SAS from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above. 

Finally, you herby release, discharge and agree to hold OceanRide and any person acting on OceanRide's behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Photos as described above. 

ARTICLE 13 - Disclaimers

OceanRide does not guarantee the truthfulness, accuracy or validity of any comments posted to its social media platforms (including but not limited to Instagram, Facebook and Twitter). Users must not post any content that is obscene, defamatory, profane, libelous, threatening, harassing, abusive, hateful or embarrassing to any person or entity. OceanRide reserves the right to delete or edit any comments that it considers inappropriate or unacceptable. OceanRide also deletes off topic comments in order to foster conversations about the topics shared on this page.  

ARTICLE 14 - Dispute resolution

All claims must be made within 5 days of the date of the giving of the evidence on which the claim has been made. These Terms and Conditions are subject to French law. In case of dispute in interpretation between the English and French Versions of the Terms of Services, the French version shall prevail in all cases. Any dispute relating to their execution and their possible consequences will be submitted to the relevant courts to which the Parties expressly attribute jurisdiction, including in case of summary judgements or of third-party or multiple defendants. Any claim must be sent to the address of “OceanRide”, Bâtiment Océan Développement – 9, rue H d’Estienne d’Orves – ZI de Kéroman 56100 Lorient

ARTICLE 15 – Changes to the Terms and Conditions

Any changes to these Terms and Conditions will be indicated on the website of the service: oceanride.org

SUP ? Bike ? Let's go