General terms and conditions of rental
Version 1st April 2020
“The Renter” is the person mentioned on the rental contract.
“The Hirer” refers to Europe Active, SIREN number 801 723 065
“The Vehicle” means the motorbike which is made available by the Hirer for the period agreed in the rental contract. This rental is governed by these general conditions.
1 – THE HIRER'S COMMITMENTS
The Hirer undertakes to provide the Renter with the Vehicle in good working order, maintained in accordance with the manufacturer's instructions, with a full tank of fuel or the agreed level of fuel, and where applicable, the optional services provided. The Hirer declares that the Vehicle is in conformity with its intended use and that it is without apparent damage, except for those mentioned on the description of the rented Vehicle which is given to the Renter at the beginning of the rental. It is the responsibility of the Renter to have any apparent defect that is not mentioned in the description of the Vehicle noted before departure. In the absence of a contradictory report, the Vehicle is deemed to be free of any apparent damage.
2 - THE RENTER'S OBLIGATIONS
2.1. Conditions for hiring a Vehicle: the Hirer is named on the Hire Contract and must meet the conditions below:
- Minimum age of the Renter: 20 years
- Experience required for 125cc motorcycles: Valid A1, A2, A licence. Riding a 125cc in France is not allowed with a simple car driving licence, even if you can drive in your own country.
- Experience required for engine sizes > 125cc: Valid A2 or A licence. For some models, experience of driving a motorbike may be required. The Hirer reserves the right to request a certificate of insurance showing that the driver named in the contract has been insured to drive a motorbike for the last 2 years.
- Drivers did not have a licence withdrawn, suspended or cancelled in the last 3 years. A "young driver" surcharge will be applied to all licences less than 2 years old.
In case the Renter cannot master well enough the vehicle (from the Renter experience), the Hirer will not allow the Renter to take the vehicle, for his or her own safety. Another vehicle, if available, might be proposed in replacement. In case it is not possible to provide a replacement or if the Hirer refuses it, no refund will be made.
Failure to do so will result in the Renter being fully liable for any events that may occur or may have occurred with the vehicle.
These documents MUST be provided to rent a Vehicle:
• Recognised driving licence with a certified French translation of the driving licence or an international licence,
• Valid identity card or passport,
• Credit card (Visa or Mastercard) in the name of the main driver,
• Proof of address (computerised rent receipt, Gas/Electric receipt, telecommunication bill for landline or internet, i.e. excluding mobile phone).
The following documents are not accepted by the Hirer:
• Driving licences that have expired,
• Learner's licences or learner's permits,
• Declarations of theft or loss of driving licences,
• Requests for duplicates,
• A photocopy of your driving licence,
• Driving licences issued by a non-EU country when presented by French citizens or foreigners who have been resident in France for more than one year,
• International driving licences only,
• Debit cards such as Electron, American Express or Maestro.
It is the responsibility of the Renter to prove that he/she is able to rent the vehicle he/she has chosen. The Hirer will validate these elements when the vehicle is picked up.
If the Renter is unable to provide the necessary elements for the Rental, he/she will have to pay the full rental price even if he/she is not able to take possession of the reserved vehicle.
2.2. The Renter's responsibilities
2.2.1 Compliance with regulations and use of the vehicle with due diligence
The Renter undertakes to wear a helmet that complies with current standards and the French traffic laws, as well as to wear protective equipment suitable for motorcycling.
The Renter undertakes to use the vehicle in accordance with the French traffic laws and all other regulations applicable in the authorised territories, as well as not to make abnormal use of it or use it contrary to its purpose. Any contravention will be charged to the Renter and a 30€ handling fee will be charged to the client for each contravention.
The Renter undertakes to pay the rental price in accordance with the conditions agreed in the contract and to indemnify the Hirer for all fines and costs legally chargeable to the Renter, resulting from infringements of the French traffic laws, which the latter has incurred.
The Renter undertakes to use the anti-theft device provided outside driving periods, as well as the steering lock. Otherwise, the Renter will not be covered by the guarantee in case of theft.
The Renter is obliged to check the oil level of the vehicle every 500 km as well as the tension of the transmission chain (if applicable). The Renter undertakes to notify the Hirer without delay of any anomaly, breakdown or malfunction caused to the vehicle during the rental period. The Renter undertakes to respect the maintenance of the vehicle and the possible uses relating to it (running-in, specific maintenance...).
2.2.2 The Renter has legal custody of the vehicle from the time of delivery and is therefore responsible for it.
The Renter undertakes never to leave the keys, papers and the Rental Agreement in the Vehicle outside of driving periods and to ensure that the anti-theft device is in place when leaving the Vehicle.
In the event of loss of the keys and except in cases of force majeure, these will be invoiced to the Renter as well as, where applicable, the cost of repatriating the Vehicle and immobilising it.
Any claim concerning apparent damage that has not been reported at the time of departure will not be accepted. The Renter must return the Vehicle in the condition in which it was received and, failing this, will be liable for any damage not noted on the Vehicle's departure condition in accordance with these rental conditions.
In the event of an accident:
In the event of an accident, except in cases of force majeure, the Renter undertakes to immediately notify the police or gendarmerie authorities if there are any injuries. Any accident and/or damage affecting the rented Vehicle must be declared to the Hirer within 24 hours. A duly completed, accurate and legible accident report must be given to the Hirer as soon as possible.
When a Car accident statement (European accident notification) is produced, the entire security deposit is automatically seized, while the insurance companies manage and finalise the case. Any excess amounts deducted will then be refunded.
The Renter is liable for damage to the Vehicle or any of its components, regardless of the cause, unless the cause is attributable to the Hirer.
At the end of the rental period, all costs of repair and the cost of immobilisation shall be at the expense of the Renter up to the amount of the excess and shall be added to the cost of the rental period, subject to the provisions of Article 3.2; whether or not the damage or deterioration gives rise to repair.
If the vehicle is immobilised, the charge is 100% of the daily rate for the corresponding vehicle.
In the event of theft of the vehicle:
As soon as the damage is discovered, the Renter shall immediately inform the Hirer of the damage and lodge a complaint with the competent authorities; he/she shall give the Hirer the complaint form within 24 hours and the Vehicle's keys and papers, except in cases of force majeure.
In the event of theft, the cost of the excess shall be immediately payable by the Renter, and shall be added to the cost of the rental, subject to the provisions of Article 3.2.
In the event of a theft, at the end of the rental period, the Renter shall be liable for all costs of restoration and the cost of immobilisation, up to the limit of the deductible, in accordance with the scale of assessment and invoicing of damage, and shall be added to the cost of the rental period, subject to the provisions of article 3.2; whether or not the damage or deterioration gives rise to repair.
In case of infringements:
In accordance with the principle of the personality of penalties, the Renter is responsible for offences committed during the rental period. The Renter's contact details will be communicated to the competent authorities on request. Any damage (theft, damage, accident) or offence will result in the invoicing of a handling fee.
2.3. Terms of the security deposit and damage excess.
Security deposit :
It is intended to cover the prejudice that could be suffered by the Hirer due to the non-payment of the total price of the rental, the occurrence of an accident involving the responsibility of the Renter or a vehicle theft. The latter will be acquired by the Hirer in case of theft of the vehicle.
The amount of the deposit varies according to the motorbike model and is indicated on the website. All or part of the deposit will be retained in the event of damage to the motorbike and/or its accessories (according to the current price list for parts and accessories) and will be retained in full if the vehicle is not returned.
This is the amount you will have to pay in the event of damage covered by the insurance. This amount is equal to the security deposit, except in the case where the option to buy back part of the excess has been taken out. The excess buy-back option does not apply to theft of the vehicle.
If the amount of the damage caused to the rented vehicle is less than the amount of the excess, the difference will be reimbursed to the Renter within a maximum of 15 days once the work has been carried out.
In the absence of damage or theft, this deposit will be cancelled at the end of the contract, within a maximum period of 15 days after the end of the rental period when the vehicle is returned to the Hirer.
The Renter accepts that the Hirer may deduct the sums due for the additional costs from his bank account via his credit card. It is specified that in the event of a rental period of more than 7 days, the security deposit may be deducted at the time of rental and returned, without interest, at the end of the rental period, subject to the perfect execution of the above conditions.
3 -INSURANCE and GUARANTEE
The rental of a Vehicle entitles the driver(s) defined in the Rental Contract to insurance. The cover taken out is as follows:
Civil liability, fire, glass breakage, natural disasters, terrorist attacks, all-accident damage, 0 km assistance.
WARNING: Personal effects and luggage are not covered under the contract. Damage to the luggage will be charged to the Renter.
3.2 Cases of exclusion of guarantee
Any intentional damage, and any damage caused by driving under the influence of alcohol or drugs or by driving off the roads intended for the circulation of Vehicles.
Any damage arising from the carriage of persons for hire or reward; the carriage of flammable, explosive, oxidising or chemical materials; participation in competitions or their trials or driving lessons; unauthorised lending of the Vehicle; use to push, pull or tow a vehicle; use of the Vehicle for an illegal purpose or in contravention of the French traffic laws or any other legal or regulatory provision; driving in countries and areas not authorised by Article 7. Also excluded from the additional protection are tracks resulting from use off tarmac roads.
3.3 Special contract terms
• Exclusive driving
The vehicles covered by the contract are strictly driven by the designated driver(s) who meet the acceptance conditions. In the event of an accident involving the responsibility of a driver other than those designated in the contract, an excess of 2000€ will be applied under the Civil Liability cover, and the Renter will be deprived of his rights for all other guarantees subscribed.
• 0 kilometre assistance
The guarantee of assistance to the vehicle is granted without a kilometre allowance.
The guarantee of assistance to the beneficiaries, their relatives and their personal effects is also granted without kilometre allowance.
Depending on the vehicles available in its fleet and if and only if the Renter is not responsible for the vehicle being unable to work, the Hirer offers a replacement vehicle to complete the rental. In the event of the vehicle being unavailable and if and only if the Renter is not responsible for the vehicle being unable to work, the reimbursement of the rental will be offered on a pro rata basis of the days driven (any day started being counted in full).
• Non-covered professional liability
The contract does not cover the liability incurred by the company as a result of bodily injury, material damage and immaterial damage caused to third parties and resulting from its activities, as well as the company's liability with respect to its employees (work accident and professional illness).
Only the financial consequences of the liability that the insured may incur as a result of bodily injury and material damage caused to third parties in connection with the use of the insured vehicles are covered.
In the case of exclusions from the guarantee, the Hirer's liability limits vis-à-vis the Renter will be determined by an expert appraisal, i.e. at a maximum of the new value of the Vehicle concerned (excluding damage caused in the event of accidents or other events where the driver is responsible).
4 – DURATION OF THE RENTAL AND RETURN OF THE VEHICLE
4.1 Duration of the rental
The duration of the rental is calculated on a daily basis, which cannot be split up, starting from the time the vehicle is made available, as indicated at the time of reservation.
If the Renter wishes to keep the Vehicle beyond the period initially agreed in the Rental Agreement, he must obtain the prior agreement of the Hirer.
With regard to the date and time of pick-up, in the event that the Renter does not show up to pick up the Vehicle within one hour of the appointment time, the rental will be due. Except in cases of force majeure, the Renter must inform the Hirer of his delay.
The Hirer reserves the right to refuse to extend the rental period, without compensation to the Renter, with the obligation for the Renter to return the vehicle on the date and time initially agreed. Without the agreement of the Hirer, any additional day will be invoiced at 200% of the basic daily price for the vehicle in question.
Changes are free of charge but do not entitle the client to a refund of the difference if the client shortens the duration or if the client removes an option. Cancellations and changes can only be made by email.
4.2 RETURN OF VEHICLES
The Vehicle must be returned at the location and on the dates and times specified in the Rental Agreement. In the event that the Renter is unable to return the Vehicle, he must inform the Hirer by any means and as soon as possible.
The rental ends with the return of the Vehicle and its accessories, keys and papers to the person representing the Hirer.
In all cases, the Renter remains the guardian of the vehicle and therefore responsible for any infringement of the French traffic laws and any damage caused to the vehicle, until the keys are returned and a joint report on the condition of the vehicle is drawn up. Any refusal to carry out the contradictory report in the agreed conditions shall entail acceptance by the Renter of the invoicing of any damage noted in his absence.
In the event of confiscation or seizure of the Vehicle, the Rental Contract may be terminated by the Hirer as soon as the latter is informed by the legal authorities or by the Renter without prejudice to the Hirer's rights and interests.
In the event of theft, the Rental Contract is terminated as soon as the keys are sent to the Hirer, if this is possible, and/or as soon as the Renter files a complaint with the competent authorities.
5 - RATES AND PAYMENT
5.1 Rates and payment:
The rental is considered retained only after a deposit of 200 €.
The balance of the rental must be paid one month before departure otherwise the booking will be considered cancelled.
The amount of the rental is calculated according to the rate stipulated in the conditions of the rental contract, as well as the optional services to which the Renter has subscribed.
The rate is determined according to the information provided by the Renter prior to departure (duration, mileage). Any change attributable to the Renter may result in the application of a substitute rate.
Rates do not include fuel. Vehicles are hired with a full tank of fuel or the agreed level of fuel. If the Vehicle is not returned with a full tank of fuel or with the agreed level, the additional fuel will be charged to the Renter at the actual rate plus 30%.
The Renter agrees to the debiting of the amount of the excess, the security deposit and the costs (see article 2.2.2) incurred as a result of the damage or theft of the rented Vehicle to his credit card account.
5.2 Bank pre-authorisation
The deposit required on departure cannot be less than the estimated amount of the rental plus the amount of the excess and the guarantee deposit corresponding to the rented vehicle.
6 - CANCELLATION OF THE BOOKING
6.1 Cancellation by the client
The client has a legal withdrawal period of 7 days from the date of booking, unless the rental starts within 7 days of the booking date.
Beyond that, the client may cancel the reservation by right. In this case, the deposit on the reservation will be retained.
Reservations must be cancelled by email or registered mail with acknowledgement of receipt. Any other means of contact will not be considered for cancellations.
Cancellations must be received by the Hirer within 48 hours before the date and time of departure of the vehicle (postmarked for postal mail). After this time, no reimbursement will be made, even in the case of subscription to cancellation insurance (in the case of an all-inclusive trip).
No claim for refund will be considered if the rental is confirmed before the date and time of departure of the vehicle. The Hirer is not responsible for any inaccurate information on the client's personal data (email address, telephone number etc.).
6.2 AMOUNT OF THE CANCELLATION
In case of cancellation before departure, the following rules apply:
more than 30 days before departure: deposit paid.
between 29 and 16 days: 50% of the total amount.
between 15 and 2 days: 90% of the total amount.
less than 2 days: 100% of the total amount.
No refunds will be made for cancellations during the rental period.
6.3 UNAVAILABILITY OF VEHICLES
In case of force majeure, or for reasons beyond the control of the Hirer (for example: vehicle damaged by the previous renter, breakdown immobilising the vehicle, extension not authorised by the Hirer, etc.) the reserved vehicle cannot be provided.
In this case, the Hirer will offer the client a replacement vehicle provided that a vehicle from the fleet is available. Depending on the vehicle offered, the rate offered to the client will be less than or equal to that of the motorbike booked. The client will have the option of accepting the replacement vehicle, cancelling the booking and being reimbursed for the deposit paid at the time of booking, or postponing the rental.
7 - COMMON RULES
The Renter agrees to abide by the Hirer's general terms and conditions of hire. However, certain basic rules apply:
• Only allow the vehicle to be driven by authorised drivers on roads suitable for motor traffic, without taking part in competitions, rallies or motor sport races.
• Do not operate the vehicle while under the influence of alcohol, drugs or any other substance that affects your consciousness or ability to react.
• Use the rented vehicle in accordance with customs regulations, the French traffic laws and more generally in accordance with the legal and regulatory provisions.
• Use and maintain the vehicle in a responsible manner.
• Use, maintain and keep the vehicle keys in a safe place as in case of loss of keys, the Renter may be charged a lump sum by the Hirer.
8 - PERSONAL DATA
In application of the law number 78-17 of January 6, 1978 relating to files, data processing and freedoms, all information transmitted by the Renter and all information necessary for the proper execution of the rental contract, may be the subject of authorised processing with a view to subsequent operations, prospecting or statistics.
This information is intended for Europe Active SARL.
However, the Hirer may communicate the personal information of his clients to external companies for commercial prospecting purposes.
The Renters may oppose this, exercise their right of access and rectification, by writing to: firstname.lastname@example.org.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify and object to all your personal data at any time.
9 - TRAFFIC AREA
The Renter is authorised to drive exclusively in Corsica. The Renter may be authorised to drive outside Corsica in the countries listed on the international motor insurance card (green card) with and only with the written agreement of the Hirer. If the Renter travels in a country that is not authorised with the rented Vehicle, no insurance will cover it.
It is strictly forbidden to use the vehicles off road. Any off-roading is strictly forbidden and voids all guarantees offered in this contract.
10 - ACCESSORIES
The vehicles are delivered equipped with accessories (top case, side cases, protective boot, etc.) which are considered in this contract to be an integral part of the rental. The accessories must be returned in the same condition as they were supplied. Any damage (scratches, dents, etc.) requiring repair or replacement must be paid for by the Renter responsible.
Helmets may be made available to the Hirer. The Hirer strongly recommends that the Renter brings his/her own helmet. In the case of the provision of one or more helmets free of charge, the Renter undertakes to make good use of them and to return the helmet in the condition in which it was provided. Any scratch or suspicious mark on the helmet that may have been caused by the fall of the helmet will result in the payment of the sum of 70 € for the replacement of the helmet. A helmet that has suffered a shock can no longer be used without risk. The Renter who accepts a helmet free of charge from the Hirer shall hold the Hirer free of any responsibility for any defect in the helmet (whether caused by the manufacturer or by a previous Renter) which was not detected on return.
11 - GPS TRACKING
Our vehicles are equipped with GPS trackers that allow us to geo-locate our vehicles at any time. This monitoring system can be used to check whether the vehicle has been driven in a prohibited area, such as on a track off the road network. In the event of theft, it is essential to inform Europe Active immediately in order to locate the vehicle as soon as possible.
12 - JURISDICTIONAL CLAUSE
Any dispute or contestation of any nature whatsoever relating to the present contract, which has not been resolved amicably, shall be referred to the territorially competent courts according to common law. If the Renter has contracted as a trader, the competent commercial court will be that of Bastia.