Translated from French to English - www.onlinedoctranslator.com
General Conditions of Rental
General Conditions of Sale
The rental by Rent 2 Ride, one of its agents hereinafter referred to as "the Lessor", of motorcycles and their equipment and accessories, is exclusively subject to these General Conditions of Rental and to the special conditions resulting from the contractual document (" the Rental Agreement”) given to the tenant (“the Customer”) upon departure or electronically.
THE CUSTOMER ACKNOWLEDGES TO READ AND ACCEPT THE CGL AT THE LATEST WHEN PAYING FOR THE RENTAL ONLINE OR AT THE COUNTER OF THE LESSOR'S AGENCY.
Acceptance of the CGLs and the Rental Agreement is considered upon validation of the CGLs when booking online or at the counter of the lessor's agency. A duplicate of the contract will be stored electronically on physically unalterable media and/or in archives. It is also agreed between the parties that the electronic copy of the signed Rental Agreement will have the legal value of an original document.
ARTICLE 1: Reservations and rental period
1.1 Reservation
Areservationrelates only toa vehicle and during a chosen "date / time" periodby the customer on the reservation site or at the counter of the lessor. This reservation becomes contractual when the payment of the said reservation is collected by the company Rent 2 Ride.
The customer is given the opportunity to recover his vehicle until 2:00 at the latest after the booked time. The renter is not required to provide the service and this without financial compensation on his part beyond this schedule.
1.2 Duration and renewal of the rental
The Rental Agreement is for a fixed term, as defined at the time of booking and reported in said contract.
It ends on the agreed date and time. As the rental company is required to respect the obligations contracted with the motorcycle rental companies managing its fleet, the customer may be asked, at any time, in the event of force majeure, to return/replace the vehicle.
In the event that the substitution is not possible with a vehicle of the same range, the cost of the rental will be reimbursed to him without any other compensatory benefits.
At the end of the period determined in the rental contract, it can be renewed at the request of the customer and with the agreement of the lessor if the availability of the vehicle allows it.
In order to obtain such a renewal, the customer is required to present himself at the agency with the vehicle before the end of his contract in order to conclude a new rental contract at the current rate.
If the customer does not present himself at the agency for a renewal, and in the event of failure to return the vehicle and its accessories to the agreed place and on the dates and times indicated on the rental contract, the said contract is then terminated.
For the continued enjoyment of the vehicle during this period and until its effective return, the Customer and any Authorized Driver will be jointly and severally liable to the Lessor for the payment of an enjoyment allowance, the amount of which will be equal to twice the Lessor's public rate for non-discounted daily rentals as displayed in the Lessor's agencies or online. In addition to the enjoyment of the vehicle, this compensation is intended to cover the costs of reimbursement to other users who have booked during the period and to compensate for the damage to the image of the lessor.
In the event that the absence of return is not the fault of the Client or the Authorized Driver, the Client must inform the Lessor immediately of any event preventing him from returning the vehicle on the agreed dates and times. The Customer is informed that failing to return the vehicle to the agreed place and on the date agreed in the Rental Agreement, he is liable to legal proceedings for fraud and/or breach of trust by the rental company.
1.3 Cancellation / modification.
Cancellations or modifications can be made at any time under the following conditions:
3 daysbefore your rental:no cancellation fees. Less than 3 days before your rental:50 €cancellation costs for damage related to the immobilization of the vehicle (non-reducible for any reason).
After the start and during the rental, cancellation or reduction of the rental period does not entitle you to reimbursement of the unused period.
ARTICLE 2 – Persons authorized to drive the vehicle
In principle, the Customer named on the contract is the only person authorized to drive the vehicle. If the Customer wishes that one or more other persons be able to use the rented vehicle under the conditions resulting from the Rental Agreement and these GTC, this or these other person(s) (“Authorized Driver”) must satisfy prior to the rental the same conditions as the Customer regarding the driving license and the presentation of an identity document (3.1).
In addition to these prerequisites, it must be mentioned by name in the rental contract.
The Customer and any Authorized Driver agree to drive the vehicle with a valid driver's license, not subject to cancellation, suspension, expiration or withdrawal at the time of the rental of the vehicle.
Any presentation of a license subject to suspension or cancellation will invalidate the rental contract and will effectively cancel any right to insurance and protection related to it.
It is recalled that any subletting, loan of vehicle to a person not authorized by the Lessor is prohibited and also results in the loss of the benefit of insurance and protection.
ARTICLE 3 – Documents to be presented – Security deposit
3.1 Documents
When handing over the vehicle, the Customer and, where applicable, any authorized driver must go personally to the Rent 2 Ride Agency and present the original of theirvalid driver's licensein France for the empty vehicle category, as well as an original identity document, An identity cardWherea passport. Any breach of these two obligations will invalidate the reservation, without financial compensation from the lessor.
3.2 Security deposit
thepayment by check being excluded, the Customer must present at the time of delivery of the vehicle a bank cardvalid in his name or in the name of a third party present at the agencyin order to allow the Lessor to check his solvency and proceed to the sequestration (without deduction) of a security deposit in the amount of1500 €per rented vehicle. The credit card presented by the customer at the time of delivery of the vehicle must remain valid until the time of return of the vehicle and at least 7 days after the end date of the rental contract.
3.3 In the event of renewal of the contract under the conditions specified in article 1.2, if the customer's bank card is no longer valid until the new return date, the Lessor will carry out a new credit check of the Customer by means of valid credit card. If the result of this check reveals a lack of solvency, the Rental Agreement is automatically terminated and the Customer must return the vehicle at the end of the first contract.
3.4 Thesecurity deposit will be releasedafter verification of the return protocol duly completed by the lessor and signed by the customer. In addition to this condition, the lessor will release the bank escrow from the security deposit after a test drive of the vehicle in normal condition carried out within 24 hours.
If this test should lead to mechanical checks with a garage or any person authorized by Rent 2 Ride, the security deposit will be kept for the time of the checks.
In any case, the security deposit will be releasedno later than 7 days after delivery of the vehicle unless agreed between the parties.
3.5 In the event of an accident or theft, the security deposit will be withheld until expertise and assessment of the amount of the repairs. This also applies to any damage to loaned or rented equipment.
ARTICLE 4 – Ownership of the vehicle and its accessories
The vehicle and its accessories are the property of the Lessor. In any case, the Customer and any Authorized Driver do not have the right either to sub-let the vehicle and its accessories, or to carry out modifications or repairs to the rented vehicle and its accessories.
ARTICLE 5 – Delivery of the vehicle
The vehicle and its accessories are made available to the Customer in perfect working order, subject to non-apparent defects. The inventory reports any apparent defects in the vehicle and its accessories, the mileage and the fuel level.
THE CUSTOMER IS REQUIRED TO PROCEED TO A CONTRADICTORY EXAMINATION OF THE CONDITION OF THE VEHICLE AND OF THE INDICATIONS APPEARING ON THE INVENTORY OF FIXTURES AT THE TIME OF DELIVERY OF THE VEHICLE.
Where applicable, before departure, the Customer must notify the Lessor of any apparent defects not listed as well as any difference in mileage or fuel level so that the Lessor can rectify the information appearing in the Rental Agreement.
IN THE FAILURE OF SUCHINFORMATION TO THE OWNER BEFORE DEPARTUREBY THE CUSTOMER, NO COMPLAINT FOR APPARENT DEFECTS CAN BE TAKEN INTO ACCOUNT, NOR ANY COMPLAINT CONCERNING THE LEVEL OF FUEL.
ARTICLE 6 – Maintenance
The Customer and any Authorized Driver undertake to take care of the rented vehicle and its accessories, in particular to check the oil levels at regular intervals and to ensure that the vehicle remains roadworthy throughout location. The Customer or any Authorized Driver is prohibited from carrying out
repairs to the rented vehicle without the express prior written consent of the Lessor.
ARTICLE 7 – conditions of use of the vehicle
The Customer or any Authorized Driver is required not to use or let use the rented vehicle, in particular:
• • • • • •
• • •
• • •
By any unauthorized person
Outside the roadways
For the transport of goods against payment For learning to drive
For trials, competitions or motorcycle races
By any person under the influence of alcohol (alcohol level higher than the
permitted legal rate) or any prohibited substance (narcotics, drugs,
etc.)
To carry a load or a number of passengers greater than the
instructions given by the manufacturer
For the transport of flammable or explosive materials (oils, petrol
minerals, etc.)
to itsCould damage the vehicle or pose an abnormal risk
occupants and/or third parties (this prohibition does not apply to the transport of usual and current products such as, for example, bottles of alcohol, mineral oil)
To push or tow another vehicle
In countries outside the euro zone, depending on the terms and conditions. For any sublet
• •
To circulate in areas prohibited to the public (airport
areas, military, etc.)
For the purpose of intentionally committing an
offence.
In general, the Customer and any Authorized Driver are required to comply with the provisions of the Highway Code and to refrain from any reckless driving.
The Customer and any Authorized Driver also undertake to keep the keys of the vehicle in their possession, touse the anti- theft device and lock the security elementsand keep the circulation titles with them.
ANY BREACH OF THESE PROVISIONS LEADING TO AN INFRINGEMENT, DAMAGE TO THE VEHICLE AND/OR TO OTHERS, THE THEFT OF THE VEHICLE WILL JUSTIFY FOR Rent 2 Ride THE USE OFSECURITY DEPOSITTO COVER ALL OR PART OF THE COSTS OCCASIONED.
ARTICLE 8 – return of the rented vehicle.
The Customer or any Authorized Driver must return the rented vehicle, its accessories, its keys and its papers no later than the dates and times stipulated in the Rental Agreement, in its initial state described in the Rental Agreement, except for normal wear and tear of the vehicle. During the return, the contradictory examination of the vehicle and the fuel levels is the subject of a return protocol signed by the Customer or any Authorized Driver.
It is recalled that the vehicle must be returned to the level of fuel equal to that provided during the rental. (Except exclusive offer pack).
In case of breach of this obligation, Rent 2 Ride reserves the right to use part of the security deposit up to alump sum of €20.
A copy of this protocol will be given to the Client upon request.
ARTICLE 9 – Insurance
9.1 Compulsory insurance - Civil liability
Any vehicle rented by the Lessor is covered by civil liability insurance in accordance with the regulations in force. Under Article R.211-5 of the Insurance Code, “the insurance obligation applies to the repair of bodily injury or material damage resulting, during traffic:
1° accidents, fires or explosions caused by the vehicle, the accessories and products used for its use, the objects and substances it transports.
2° the fall of these accessories, objects, substances or products”.
Subject to compliance with their obligations arising from these GTC, the Customer and any Authorized Driver are therefore guaranteed against the financial consequences of their civil liability for bodily injury or material damage caused to third parties (including passengers in the vehicle) and in the realization of which the rented vehicle is involved.
Compulsory civil liability insurance does not apply:
•
•
•
For damage suffered by the persons transported when their
transport is not carried out under sufficiently safe conditions such as
as described in article A.211-3 of the Insurance Code
If, at the time of the claim, the Customer's driving license or that of any
Authorized driver, if driving, not valid or has been
withdrawn, without the knowledge of the lessor
In general, to events excluded from the guarantee by the
articles
R.211-10 and R.211-11 of the Insurance Code, i.e. the conditions of use
referred to in Article 7 of these T&Cs.
•
• • •
•
In the event of intentional or fraudulent fault within the meaning of Article L.113-1 of the Code
insurance
In case of attempted suicide or suicide
In the event of a fraud attempt
In the event of intentional misrepresentation in the contact details provided
on the rental contract or the joint report.
In the event of non-compliance with the obligations of these GTC, the Client or any
Authorized driver is required to return to the Lessor any sum or compensation that the Lessor has paid to a third party on behalf of the Customer in the event of death or bodily injury and/or material damage suffered by the third party.
9.2 Comprehensive Insurance.
In addition to the mandatory civil liability insurance, the Customer renting a vehicle in accordance with these GTC is covered by multi-risk insurance with a large group specializing in the insurance of motorcycle professionals.
This multi-risk cover, in addition to the mandatory civil liability, covers the following incidents:
Support 0 km
Advance on material recourse Glass
breakage - No deductible Natural disasters
- Legal deductible Protection Drivers
Solidarity
Criminal Defense and Recourse Following an Accident Damage to all accidents -Excess: €1,000.00 Driver equipment -Without excess (Guarantee ceiling: €1,000.00) Forces of nature -Excess: €1,000.00 Fire -Excess: 1,000, 00 €
Legal Protection for your Vehicle Civil Liability Without excess Theft -Excess without means of protection: €1,800.00
Deductible with 1 means of protection: €1,500.00
It is recalled that in these GTC that the use by the Customer of the means of protection provided by the lessor isobligatory. In the absence of this use, the deductible will be due by the Customer if necessary beyond the security deposit.
It is recalled that the security deposit paid by the Customer (seen in 3.2 of the GLC) may be retained by Rent 2 Ride to cover all or part of the deductibles claimed by the insurance for the aforementioned damages.
If any repairs must immobilize the vehicle, a lump sum immobilization indemnity of €200 will also be deducted over the duration of the repairs.
ARTICLE 10 – loss and damage caused to the vehicle
10.1 Principle of liability of the Client and of any Authorized Driver
UNLESS IT DEMONSTRATES THAT THEY TOOK PLACE WITHOUT HIS FAULT, THE CUSTOMER AND ANY AUTHORIZED DRIVER RESPOND, IN APPLICATION OF THE PROVISIONS OF ARTICLE 1732 OF THE CIVIL CODE, FOR THE LOSS AND DAMAGE CAUSED TO THE VEHICLE AND ITS ACCESSORIES DURING THE RENTAL OUTSIDE THE INSURANCE WARRANTY CONDITIONS.
The liability of the Customer or any Authorized Driver may then include the amount of repairs assessed by expert opinion or invoiced by the mechanic, the market value of the vehicle and/or its accessories, compensation for immobilization of the vehicle and all other costs. annexes in connection with the loss or damage caused to the vehicle and/or its rented accessories during the rental as well as the cleaning costs made necessary by an excessive state of dirtiness of the vehicle.
The claim invoice will include the repair costs or the costs assessed by the expert report, the fees of the automobile expert, the immobilization costs, the towing costs, the impound costs as well as the administrative processing costs. file by the lessor: The Lessor's vehicles are not systematically covered by other insurance guarantees
than those resulting from legally compulsory and multi-risk insurance. Thus, depending on the circumstances, risks such as damage to the vehicle itself may weigh on the Customer and on any Authorized Driver, who may thus be required, if necessary, to reimburse the market value of the vehicle at the time of the incident. .
ARTICLE 11 - Obligation in the event of a claim
11.1 General obligations
In the event of a claim of any nature whatsoever - accident, attempted theft, theft, fire, collision with a wild animal or any other damage suffered by the vehicle - (the "claim"), the Customer or any Authorized Driver must take all useful measures to safeguard the interests of the Lessor and, where applicable, of the insurance company, namely:
Notify the Lessor as soon as possibleand no later than the working day following the occurrence or discovery of one of the aforementioned claims or damages, under penalty of being able to lose the benefit of the insurance guarantees provided for in article 9, if the delay in the declaration has caused damage to the Lessor or a loss of its guarantees.
The benefit of the said insurance guarantees is however maintained if the delay in the declaration is due to a case of force majeure.
The forfeiture of the insurance guarantees provided for in article 9 is however unenforceable against injured third parties and victims of traffic accidents or their beneficiaries, in accordance with article R. 211-13 of the Insurance Code. He is also required to: Notify the Police or Gendarmerie if necessary. Complete the declaration request sent by the Lessor's claims department ("the Declaration") which must be returned to the Lessor duly completed, under penalty of losing the benefit of the guarantees referred to in Article 9.
The Declaration sent by the Lessor's claims department to be returned to the latter as soon as possible must mention:
• • •
The circumstances, date, place and time of the incident.
The name and address of any witnesses
If applicable, the registration number of the third-
party vehicle involved, the name
and the address of its owner and/or driver, the name of the insurance company and the related insurance policy number.
11.2 Specific obligations in the event of an accident
In the event of an accident, the Customer or any Authorized Driver must, in addition to performing the obligations set out in Article 11.1, draw up a report by completing the document made available in the vehicle, except in cases of force majeure.
If a police or gendarmerie report or a bailiff's report has
been drawn up, a copy of these documents must be
attached to the Declaration.
The Client or any Authorized Driver is not authorized to enter into any agreement or transaction of any kind whatsoever in the name and on behalf of the Rental Company or its insurer. 11.3 Specific obligations in the event of theft
In the event of theft of the vehicle, the Customer or any
Authorized Driver must:
Notify the Lessor as soon as possible and at the latest on the working day
following the discovery of the theft, in particular in order to allow the Lessor any useful measure for the discovery of the vehicle in good time, under penalty of being able to lose the benefit of the guarantees referred to in article 9, if the delay in the declaration has caused damage to the Lessor.
File a complaint within the same period with the competent authorities. A copy of the complaint report must be given to the Lessor as soon as possible by the Customer or any Authorized Driver. Failing this, the rents owed by the Customer continue to run, unless the delay in filing a complaint is due to force majeure.
•
•
• The original vehicle keys must also be returned to the Lessor.
In the event of theft or loss of the original keys, the Customer or any Authorized Driver must:
•
•
•
Notify the Lessor as soon as possible, no later than the working day following the discovery of the loss or theft, under penalty of losing the benefit of the guarantees referred to in article 9, if the delay in the declaration has caused damage to the Lessor .
Proceed within the same period to report the theft or loss of the keys to the Lessor and the competent authorities. Failing this, the rents due by the Customer continue to run, unless the delay in reporting the theft or loss is due to a case of force majeure.
The loss of vehicle keys resulting in the provision of a duplicate and the creation of a duplicate, Rent 2 Ride will deduct from the security deposit the lump sum of 50€ to which will be added without ceiling the costs
routing.
ARTICLE 12 – Methods of assessment and compensation Any damage noted on the return of a vehicle is subject to an assessment by an independent expert approved by the insurance companies. For damage that does not render the vehicle unfit for circulation, the latter is not immobilized and the expertise is carried out remotely on the basis of photographs taken when the vehicle is returned.
The Customer or any Authorized Driver may request the production of a contradictory second opinion, at his own expense. This can be carried out solely on the basis of the elements used for the realization of the expertise by the independent expert, an immobilization of the vehicle for this purpose is excluded, except support of the immobilization costs by the Customer or any Authorized Driver, costs paid upon immobilization, these corresponding at least to the rent of the vehicle according to the rate displayed in the agency for the duration
immobilization, plus, where applicable, guarding
costs, etc.
If the Customer or any Driver wishes to have a contradictory second opinion carried out, he must inform the Lessor's claims department in writing, within 48 hours of receipt of the expert's report from the independent expert, the damage department of the Lessor at the following address: Rent 2 Ride PUT ADDRESS AND EMZIL.
The Customer expressly agrees to compensate the Lessor for the monetary equivalent of the damage to the rented vehicle, up to the amount at his expense if his liability is established and if he does not benefit from the guarantees referred to in article 9 above.
ARTICLE 13 Rental price, miscellaneous costs and terms of payment
13.1 Rental price – Miscellaneous costs
The Rental Price is the price resulting from the Lessor's rates in effect on the day of the reservation.
Promotional rates are only valid for the duration offered.
If this period is exceeded, and without prejudice to the provisions of article 1.2, the price displayed in the agency applies to the entire duration of the rental.
THE CUSTOMER IS OBLIGED TO PAY THE RENTAL PRICE: The rental price is made up of the main rent and any accessories:
The main rent is determined according to the duration of the contractually agreed rental only. The number of kilometers traveled during the term of the Rental Agreement is limited is agreed according to the duration of said rental.
The mileage beyond the contractually agreed package is invoiced on the customer's return at the rate of 0.30 euro cents per kilometer. This amount is paid when the customer returns.
Any default in payment of this amount gives the lessor the right to use the deposit to pay the said amount.
If, following a fraudulent action by the Customer or the Authorized Driver, it is shown that the meter has been disconnected, compensation equivalent to one rental day per rental day will be invoiced at the current rate.
The rental price and any accessories must be paid in full for the duration of the contractually agreed rental, at the time of booking online or in an agency.
Late collection of the vehicle or its early return, due to the customer, will not give rise to reimbursement or even partial compensation.
13.2 Terms of payment
Payment can be made as follows:
•
• •
Online when booking by credit card via secure
application
available on the lessor's website.
In agency when booking by credit card or cash.
Payment for accessories can be made on the day of rental if during
the reservation the accessories had not been requested by the Customer during the online reservation.
13.3 Compensation
When returning the vehicle, compensation may be claimed by the lessor.
The possible indemnities are, where applicable:
Compensation for cleaning in the event of return in an excessively dirty state. (Cleaning fee of 20€)
• Replacement or repair of damaged or lost accessories.
• Repatriation costs in the event of abandonment of the vehicle outside the agreed place
contractually of return or in the event that the lessor
•
• •
•
would have recovered the
vehicle as a result of the Customer's fault.
The fuel costs corresponding to a full tank (manufacturer's litre) at the rate
means in force.
The cost of replacing safety accessories in the event of loss or damage.
Costs of providing duplicate keys in the event of loss of the original keys (flat rate of 50 euros + 0.50 cts/km beyond 10 km)
Management costs related to traffic offenses (flat rate of €30 in addition to the fine)
The payment of these costs, if it does not take place when the vehicle is returned, gives the lessor the right to use all or part of the security deposit, up to the amount of the penalty. ARTICLE 14 Charges, tolls and traffic offenses
14.1 Customer responsibility
The Customer or any Authorized Driver undertakes to comply in all circumstances with the Highway Code and more generally the regulations in force when driving and using the rented vehicle of which he is in charge hereunder. Conditions and Rental Agreement.
The Customer or any Authorized Driver declares that he holds a valid driver's license to drive the vehicle. The Customer or any Authorized Driver is required to personally pay any fees, taxes and sums due under the regulations relating to tolls and parking of the rented vehicle.
He is personally responsible for the payment of all fines and fees related to the driving and use of the rented vehicle as well as all the penal, administrative and pecuniary consequences that may result from breaches of all applicable regulations (in particular regulations relating to parking ) concerning the vehicle rented during the rental period. In cases where the Lessor is required to pay fines and
charges owed by the Customer or any authorized driver under the preceding paragraph, the Customer expressly authorizes the Lessor to debit the sum corresponding to the amount of the fine or the charge and, where applicable, increases due to the fact of failure to pay these fines or fees by the Client.
For each fine or fee due by the Customer or any authorized driver, received and processed by the Lessor, the Customer will be liable to the Lessor for a fixed management fee of €30 per fine or fee.
By signing the Rental Agreement, the Customer authorizes the Lessor to debit the Customer's payment card deposit, the sums corresponding to these fines, fees and management fees.
14.2 Contesting parking charges
The Customer acknowledges that the parking fees notified to the Lessor which correspond to the rental period of the vehicle for which he must contractually respond are due without prejudice to the possibility for the Customer to prove the contrary by any means.
The Customer declares in this respect to be aware of the provisions of article L.2333-87 of the general code of local authorities under the terms of which appeals against parking fees belong to the holder of the certificate.
registration, or to the Lessor.
The Lessor undertakes to inform the Client of any parking fee notified to him in relation to the rental period, by sending him a copy of the corresponding notice in sufficient time to allow the Client to justify the undue nature of the said royalty fee. The Customer will inform the Lessor if he intends to contest the fee and, if so, undertakes to send him at least seven days before the expiry of the period for appeal against the fee, as mentioned in the notice, all supporting evidence available to him to contest the fee.
The Lessor will inform the Customer of the outcome of the appeal. The Customer expressly acknowledges that its decision to contest the royalty
does not preclude the Lessor's right to debit, as soon as the fee is notified to him, a sum corresponding to the amount of the fee (where applicable together with the applicable increase) and the management fees.
In the event that the appeal results in the cancellation or reduction of the amount of the fee, the Lessor will reimburse the Customer the amount of the fee or, where applicable, of its canceled portion. Under no circumstances will it be possible for the customer to require the lessor to reimburse the management costs inherent in the fine or the fee.
14.3 Designation of the Customer and transmission of his contact details in the event of a violation of the Highway Code
The owner of the vehicle, i.e. the Lessor, is, by law, liable pecuniaryly for any fine relating to infringements of the Highway Code observed without interception of the vehicle, unless he provides the authorities with information making it possible to identify the Customer or Authorized Driver responsible for such violations.
The Client is thus informed that the Lessor will be required to appoint him to the police authorities in accordance with the provisions of Articles L. 121-2, L. 121-3 and L. 121-6 of the Highway Code.
To do this, the Lessor will transmit the data concerning the identity of the Customer or any Authorized Driver as well as the following information: surname, first name, date and place of birth, address, driving license number and date and authority of issue.
The Lessor may also be required to send the police authorities a copy of the rental contract or any other elements materializing the rental of the vehicle for the benefit of the Customer or the Authorized Driver or allowing his identification.
The Customer is informed that in the context of the information that may be communicated to the authorities by the Lessor, he must ensure that the information concerning his personal contact details is up to date and undertakes to update them if necessary.
ARTICLE 15 Gift Cards, Prices, Shipping and Cancellation.
15.1 Gift card and prices
The lessor may offer a service for the sale of Gift Cards on its online platform.
The price of the cards is set by each lessor and displayed on their online site. Payment for the card is made when ordering online.
15.2 Shipping of Gift Cards.
It is offered to the customer to choose a shipping method. Either online by sending an e-mail containing the gift card and its associated code, or by post free of charge. The card is then sent by simple mail with its reduction code.
15.3 Cancellation.
The purchase of a gift card can be canceled up to 1 month after purchase without conditions. The sum is then refunded to the customer within 15 working days.
Beyond one month after the date of purchase, the purchase of a gift card cannot be cancelled.
If the code associated with the gift card has already been used, the purchase of the card cannot be cancelled.
ARTICLE 16 Electronic invoicing
Invoices issued by the Lessor are in principle sent to the Customer by way and in electronic form to the address indicated for this purpose by the Customer. The Customer agrees in this regard to no longer receive paper invoices. He also accepts that the Lessor sends him electronic invoices drawn up in accordance with the applicable legal provisions at the e-mail address he has indicated for this purpose. The Customer may at any time refuse the transmission of electronic invoices and request the sending of a paper invoice.
If an invoice cannot be received or downloaded, the Customer must immediately notify the Lessor. In this case, the Lessor sends the Customer a copy of the invoice, identified as a copy. If the problems preventing the transmission of electronic invoices cannot be quickly resolved, the Lessor is authorized to send these invoices in paper format until the said problems are removed.
ARTICLE 17 computerized processing of personal data
16.1 general provisions
In its capacity as (co)processing manager, the Lessor collects personal data concerning the Customer or any Authorized Driver or any third party involved in the reservation operations.
This information is necessary for the management of the Rental Agreement, the delivery of services, the management of customer relations and commercial relations.
They are also kept for security purposes, or in order to comply with legal and regulatory obligations incumbent on the Lessor.
The data collected is not shared.
In accordance with the Data Protection Act and the GDPR, you have the following rights:
- right of access (article 15 GDPR), rectification (article 16 GDPR), updating, completeness of your data,
- right to block or erase your personal data (article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited,
- right to limit the processing of your data (article 18 GDPR), - right to object to the processing of your data (article 21 GDPR), - right to portability of the data you have provided to us, when your data is object of automated processing based on your consent or on a contract (article 20 GDPR),
- right to define the fate of your data after your death and to choose whether we communicate (or not) your data to a third party that you have previously designated. In the event of death and in the absence of instructions from you, we undertake to destroy your data, unless their retention proves necessary for evidentiary purposes or to meet a legal obligation.
16.2 SPECIFIC PROVISIONS • File of people at risk
As part of the operation of the services, the Lessor may register, under certain conditions, persons likely to represent a contractual risk resulting in the refusal of rental to said persons.
As part of the implementation of this processing, the Lessor is required to strictly comply with the good practices recommended by the CNIL in the context of Single Authorization No. 11 "Vehicle rental companies: monitoring of people at risk".
Protection of the Lessor's vehicles
In order to guarantee the safety of its vehicles and of the Customer and to ensure proper compliance with these General Rental Conditions, the Lessor equips some of its vehicles with geolocation devices as part of measures to combat fraud (theft of vehicle, use of vehicles for criminal actions, etc.). Some so-called “connected” vehicles incorporating a geolocation device also make it possible to check compliance with the rules for using the vehicle and to facilitate findings and investigations in the event of accidents and/or damage thanks to dedicated sensors.
Management of damages and fines
The Lessor is required to process data concerning fines and fees in the event of non-compliance with the Highway Code or any other applicable regulations by the Customer.
Fraud prevention
To ensure the security of online payment transactions and prevent the risk of bank card fraud and misappropriation of bank data, the Lessor uses a software solution which analyzes in particular the connection parameters, the terminals used and the number of transactions. associated.
In the event of a high risk of fraud, the means of payment presented may be refused during the rental.
ARTICLE 18 Termination
The Rental Agreement may be terminated by one of the parties in the event of a breach by the other party of one of its essential obligations resulting from the said Rental Agreement or these General Rental Conditions, in particular those mentioned in article 7 of the CGL.
Notwithstanding such termination, the Parties retain the right to claim compensation for damages suffered as a result of the breach of the contractual provisions by the other party.
The termination will be effective 24 hours after the sending of a formal notice to remedy the breach noted, which has remained unsuccessful. In the event of termination of the Rental Agreement after delivery of the vehicle, said vehicle must be returned by the Customer, at his own expense, to the address indicated by the Lessor no later than the date indicated in the letter of termination. .
In the event of non-return of the vehicle on this date, the Lessor shall be entitled to take all necessary measures to obtain its return.
In the event of absence of restitution on the date and at the time indicated in the termination letter, the insurance guarantees concluded at the start of the rental no longer apply.
For the continued enjoyment of the vehicle and until its effective return, the Customer and any Authorized Driver will be jointly and severally liable vis-à-vis the Lessor for the payment of an enjoyment allowance, the amount of which will be equal to the Lessor's public rate for the daily rentals as it is displayed in the agencies of the Lessor, except in the case where the absence of
return is not the fault of the Customer or the Authorized Driver.