GENERAL RENTAL CONDITIONS
UPDATED VERSION Juluy, 14th 2021
The purpose of these general rental conditions (the «CGL») is to define the conditions and terms according to which the company CAPSULES, S.A.R.L. with capital of €75,000, registered in the Paris Trade and Companies Register under number 893 774 695 and having its registered office located at 54 rue Lemercier – 75017 Paris (the «Loueur»), offers the rental of van
(the “Vehicle”) at www.dreamers-vanstories.com (the “Site”) to the customer (hereinafter referred to as the “Customer”).
The Customer and the Lessor are hereinafter individually or collectively referred to as the “Party(s)”.
2. CONTRACTUAL PACKAGE
The CGL, the inventory of the Vehicle («departure» and «return»), the estimate, the Vehicle User Manual Video, as well as the Simplified Insurance Explanatory Notice (hereinafter the “Insurance Notice”) form an individual rental contract and associated services (hereinafter referred to as the “Rental Contract”).
The contractual documents listed above constitute, with the exception of each Lease Agreement concerned, the entire agreement between the Parties with respect to its subject matter. Accordingly, they supersede and cancel all declarations, negotiations, commitments, oral or written communications, acceptances, understandings and prior agreements between the Parties relating to the same subject matter.
3. CLIENT ACCEPTANCE
The confirmation of a reservation on the Site requires the signature by the Customer of the Rental Agreement, consisting of the contractual documents referred to in Article 2 above. The electronic signature shall be deemed to have the same value as a handwritten signature on the part of the Customer and shall render these GTC enforceable.
4. EFFECTIVE DATE / TERM OF LEASE
The Rental Agreement shall take effect on the day of the Customer’s confirmation of booking of the Vehicle.
The duration of the rental of the Vehicle appears on the rental confirmation sent by the Lessor and may not be less than two (2) nights, except special mention in the context of promotions or packaged products.
When the duration of the rental, as initially indicated by the Customer at the time of booking is reached, the Customer must return the Vehicle in the terms provided for in article 14 hereof.
If applicable and after returning the Vehicle, the Lessor reserves the right, which the Customer accepts, to make an adjustment to the rental price, according to the terms defined in article 14 of the CGL.
A final invoice will be issued 7 days after the return of the Vehicle, following the detailed inventory of the Vehicle and leaving a reasonable period to include any tickets and list all costs resulting from the reservation.
5. RESERVATION DU VEHICULE
5.1 REQUIRED CONDITIONS
The Customer must be of full age.
The driver of the Vehicle (hereinafter referred to as the “Driver”), must be at least 23 years old and have a valid driver’s licence corresponding to the category of the Vehicle, for at least 3 years. In addition, the Driver must not have an insurance penalty on his main vehicle.
Another driver (hereinafter referred to as «Other Driver») may be authorized under the same cumulative conditions as the Driver:
– be declared in the Rental Agreement at the time of booking,
– be at least 23 years old and have held a driver’s licence for at least 3 years,
– do not have insurance malus on their main vehicle.
A driving licence issued by a Member State of the European Economic Area (i.e. European Union Member States, Iceland, Liechtenstein and Norway) is valid in France. Holders of a permit issued by an outside State will be required to present a permit with a photograph, written in French or accompanied by an official translation. An international driving licence must be accompanied by a national driving licence.
The holding of a “white” or restricted licence, or a declaration of loss or theft of the driver’s licence does not authorize the rental of the Vehicle.
The Driver must attest on the honour of the validity of his driving licence as well as the absence of a measure of suspension, restriction or cancellation of the driving licence.
5.2 BOOKING PROCEDURES
In order to make the booking of the Vehicle, the Customer may choose to:
– go to the Site, and click on the «Reserve» section.
– contact the Lessor by phone at 06 87 21 62 05 04 or by email at firstname.lastname@example.org
The Rental company offers rental vans that can accommodate between 2 and 4 people (beds and registration) according to the model, as specified on the registration of the registration.
All vans offered for rent are equipped with:
– accessories made mandatory by regulation, including a high-visibility vest, a warning triangle, a box of bulbs and fuses (except for vehicles equipped with LED headlights), a one-litre bottle of oil, a fire extinguisher and a puncture kit. In case of non-restitution or degradation, the Lessor will charge a flat-rate penalty of 200 € TTC (two hundred euros all taxes included) per accessory not refunded or degraded;
– camping accessories and equipment such as yoga mat, awning, table tennis table and stools, full kitchen service, toilet accessories, linen and towels as detailed on the Site;
– high tech accessories and equipment: Bluetooth speaker, full access multimedia applications such as Netflix, universciné, asanarebel, fatmap… via a tablet as described on the Site.
In addition, the Lessor offers the Client various optional services at the time of booking the Vehicle, including:
– “Pick-up / Drop-off” services of the Vehicle,
– option early check-in / late check-out
– delivery of brunch baskets
The complete list of options and associated prices can be found on the Site.
The Lessor reserves the right to modify this list at any time. The Client is therefore invited to consult it regularly.
5.4 BOOKING VALIDATION
In order to validate his reservation, the Customer must proceed to the payment of a deposit in accordance with the stipulations of article 6.2 of the CGL.
5.5 BOOKING CONFIRMATION
As soon as the Customer has validated his reservation, in accordance with the above provisions, the Lessor shall send him by electronic means:
– a summary of the reservation (formula chosen, options chosen, balance still to be paid to the Lessor, etc.),
– the information relating to the making available of the Vehicle and in particular the date and place of making the Vehicle available agreed upon,
– the complete list of documents to be presented to the Lessor on the day of availability.
The Lessor may under no circumstances be held liable for damages resulting from the loss or theft of the confirmation of the reservation sent to the Client and the use of this document by a third party.
The Lessor may not be held liable in the event of a delay in making the Vehicle available when this delay results from the Customer providing incomplete or inaccurate information, which the latter expressly accepts.
5.6 RIGHT OF WITHDRAWAL
In accordance with Article L.221-28 of the French Consumer Code, there is no withdrawal period for the Customer making a remote order (via the Internet) from the validation of the reservation.
6. PRICES AND TERMS OF PAYMENT
The prices are expressed in euros, HT (excluding taxes) and TTC (including all taxes).They may be revised at any time. The basic price is composed of a mileage package (200 km/day) according to the rates in force on the day of the booking validation, as communicated to the Customer prior to the booking of the Vehicle.
This price includes:
– all risk liability insurance (compulsory and subscribed by the tenant for €10/night) within the limits of the provisions referred to in Article 12 and subject to the payment of the deductible and damage exceeding the amount of the deductible,
– 24/24 Vehicle technical assistance (troubleshooting or towing the Vehicle in the event of a breakdown, accident or fire), as specified in the Insurance Notice given to the Customer in the booking documents as well as in the emergency support content integrated into the tablet present in the Vehicle.
It may be increased if :
– the cost of the options subscribed by the Customer at the time of booking, as defined herein,
– the cost of extending the term of the lease,
– the cost of penalties applied, if any, to the Customer at the time of the return of the Vehicle and referred to in article.14.
This price does not include:
– options not purchased at the time of booking,
– any mileage exceedances,
– damage not covered by insurance, such as damage to tyres, roof, underbody/underbody and/or inside the Vehicle not covered by euro damage protection insurance, signalling devices (headlights, flashing lights) or mirrors, the parts under the Vehicle without chassis (fuel tank, grey water tank, etc.),
– time overruns resulting in a penalty set by the Lessor,
– the amount of the deductible debited by the Lessor in the event of an accident or damage to the Vehicle with or without a known third party,
– possible parking and motorway charges,
– expert assessment fees,
– tickets for which the Driver would be liable,
– the cost of repairs not covered by the insurance taken out, the amount of which would exceed the amount of the deductible chosen.
6.2 TERMS OF PAYMENT
6.2.1 ADVANCE PAYMENT
The Customer must pay the Lessor a deposit of 30% of the amount of the reservation in order to confirm it. The payment of the deposit is made exclusively by credit card/credit card online via the Website. The Customer must pay the deposit by filling in the secure payment form provided for this purpose, no later than 24 (twenty-four) hours before the date and time scheduled to pick up the vehicle (unless the reservation is made before this date).
The automatic debit of the balance of the total price of the rental will be made at the latest 7 (seven) days before the date and time of pick-up of the Vehicle planned, on the card used for the payment of the deposit or on another card registered by the customer.
In case of reservation made less than 7 days before departure, the total amount of the reservation will be due at the time of booking.
The balance corresponds to the total amount of the rental, as defined by the Lessor at the time of the confirmation of the booking of the Vehicle plus, if applicable, the costs resulting from a possible modification of the booking, before the pick-up of the Vehicle.
As stipulated in Article 9.4, an amount of 3,500 (three thousand five hundred) euros will be charged 4 (four) days before the start of the rental as a security deposit, which will serve as a deductible in case of damage(s) suffered by the Vehicle, not covered by the underwritten insurance contract, recorded during the inventory, and/or charges to be invoiced by the Lessor and not paid by the Customer. This security deposit will be refunded 7 days after the check-out, in whole or in part if additional costs are found (damage, extra fuel, additional mileage, etc.).
6.2.3 MEANS OF PAYMENT
The Lessor accepts only as means of payment the payments by credit/credit card: Visa, Eurocard, Mastercard, American express.
Cards issued by banks domiciled outside France must be international bank cards.
Any other means of payment will be refused.
A summary invoice is issued when the Vehicle is returned and can be sent to the customer at his request, as stipulated in article 14.8.
If applicable, a final invoice will be provided to the Customer 7 (seven) days after the return of the Vehicle, following the detailed inventory of
the Vehicle and including the amount of any tickets and the costs of the reservation, as stipulated in article 4.
6.2.5 LATE PAYMENT
If the payment of the invoice is not received within 48 hours of the due date, the remaining amounts due shall automatically bear interest at a rate equal to one and a half times the legal interest rate. Legal collection costs are the responsibility of the debtor.
In addition, after formal notice by registered letter with no effect within forty-eight hours, the customer undertakes to pay as compensation, in accordance with the provisions of Article 1231-5 of the Civil Code, an increase equal to 15% of the principal amount outstanding.
7. LEASE AMENDMENT
7.1 MODIFICATION BY THE CUSTOMER
7.1.1 MODIFICATION BEFORE TAKING OVER THE VEHICLE
To the extent possible, the Lessor shall endeavour to satisfy the modification requests made by the Customer before taking charge of the Vehicle.
If the change request relates to the extension of the rental period and/or the addition of options, the Lessor shall invoice the Client for the additional amounts in accordance with the Lessor’s financial terms.
If the change request relates to the reduction of the duration of the rental and/or the cancellation of one or more subscribed options, the change shall be treated in accordance with the provisions of these conditions relating to the cancellation.
In all cases, the modifications requested by the Customer must be expressly confirmed by the Lessor.
The Lessor’s agreement is formalised by sending the Client a confirmation of the reservation by e-mail, under the same conditions as those referred to in article 5.5.
The confirmation of the booking then sent by the Lessor in this context cancels and replaces the confirmation of the booking sent previously to the Client at the end of article 5.5.
In case of refusal by the Lessor, no confirmation of the reservation is sent to the Customer, only the previous one being authentic.
7.1.2 MODIFICATION DURING THE RENTAL PERIOD (AFTER TAKING OVER THE VEHICLE)
Requests for changes made during the rental period may only relate to the extension of the rental period.
The request must be made by the Customer by e-mail at email@example.com or by telephone at 06 87 21 62 04.
This request will only be considered accepted by the Lessor after sending to the Customer a confirmation of order modification, under the same conditions as those referred to in article 5.5.
In case of refusal by the Lessor, no confirmation is sent to the Customer, only the previous one being authentic.
It is specified that in the event that the Customer makes the early return of the Vehicle (corresponding to a decrease in the rental period), he will not be entitled to any refund, which he expressly acknowledges and accepts.
7.2 CHANGE BY THE LESSOR
If the Lessor is required to modify the reservation made by the Client according to the terms defined in article 5.2, the Lessor undertakes to inform the Client immediately and to adjust the price of the rental.
In no case may such modification justify the total cancellation of the Customer’s reservation.
8. CANCELLATION OF THE LEASE
8.1 CANCELLATION BY THE CUSTOMER
Any request for cancellation must be sent to firstname.lastname@example.org.
A full refund will be made if the cancellation occurs more than 5 days before the start of the trip. If the cancellation occurs less than 5 days before the start of the trip, the booking fee will be refunded at 70% (seventy percent) of the whole, provided that it is sent at the latest 48 hours before the date and time of reservation. Otherwise, the total price of the reservation will be due.
As part of the health situation related to Covid 19, the Customer may cancel all or part of the rental free of charge, provided that it occurs no later than 48 (forty-eight) hours before the date and time of reservation. Otherwise, the total price of the reservation will be due. This provision is valid for all bookings concerning a trip taking place before 31 December 2021.
Failure to present the Customer or the Driver on the day the Vehicle is scheduled to be picked up shall result in the total price of the reservation being chargeable by the Lessor.
Any rental day not consumed by the Customer by itself, is never refunded when it has been subscribed.
8.2 CANCELLATION BY THE LESSOR
If the Lessor cancels the reservation made by the Client, the Client will be offered the same rental on another date.
In case of refusal of the Customer, the latter may obtain the refund of all sums already paid to the Lessor.
If this cancellation is due to a case of force majeure (as described in article 16 of these CGL), the Customer may not claim any compensation in addition to the reimbursement of the rental.
9. VEHICLE DELIVERY
9.1 DATE AND PLACE OF DELIVERY OF THE VEHICLE
The date and place of delivery of the Vehicle are those indicated on the booking confirmation issued by the Lessor. The Vehicle is made available from 3 pm, except in the case where the Customer subscribes the «early check-in» option or in the case of promotional or packaged offers for which the timetables will be specified on the booking confirmation. The Customer can request more information by using the «reply» button on the quote or reservation sent by email.
However, if the Customer has subscribed to the «Pick-up/Drop-off» option (Vehicle Drop-off and Pick-up), at the time of the validation of the Vehicle’s reservation and after confirmation by the Lessor, the Vehicle may be made available at a time and place agreed between the Parties, as indicated in the booking confirmation.
A surcharge will then be charged to the Customer. The rate of the surcharge varies according to the place where the Vehicle is available. If the option to take over the vehicle would give the lessor a delay in making the vehicle available in excess of the late check-out conditions, an additional day would be counted to the customer in addition to the option to take over the vehicle.
9.2 VEHICLE HANDLING
At the time of its takeover, a visit to the Vehicle is carried out at the end of which the Parties establish contradictorily an inventory of the «Departure» of the Vehicle (inside and outside) and of the equipment.
The signature thus affixed attests to:
– that the Vehicle and the equipment provided comply with the reservation made, in good working order and presentation,
– the date, time and place of pick-up of the Vehicle,
– completeness of equipment and accessories,
– the level of fuel available,
– the number of kilometres travelled by the Vehicle when it was picked up.
As a result, the Customer acknowledges and accepts that the signed «Departure» statement is the «Vehicle Pick-up Report».
In the event of any reservations about the condition of the Vehicle or the equipment provided, these must be recorded in writing, contradictorily by the Lessor and by the Customer (or the Driver). Failing this, the Customer will not be able to avail himself of it at the time of the return of the Vehicle.
The fact that the Customer (or the Driver) takes delivery of the Vehicle systematically entails the transfer of legal custody of the Vehicle.
In case the Customer takes delivery of the Vehicle without signing the inventory:
– the Vehicle is considered to be in conformity with the confirmation of the reservation made by the Lessor, since the Customer can no longer subsequently refer to the non-compliance of the Vehicle to call into question all or part of the Rental Agreement,
– the date and time chosen for the transfer of legal custody of the Vehicle are those contained in the confirmation of the reservation issued by the Lessor, unless proven otherwise by the Client.
In the event of unavailability of the Vehicle (in particular due to breakdown, accident or delay of the previous customer), the Lessor undertakes to
return all payments to the customer. However, if the lessor is able to supply a vehicle of the same range, but of different decoration than that requested, this cannot constitute a reason for cancellation by the customer.
If the Customer accepts the replacement vehicle and/or, if applicable, the delay, the Lessor shall adjust the rental price according to the new Vehicle and its equipment (in the sense of a price reduction only) and according to the new rental period.
In the event that no alternative solution is found by the Lessor, the rental will be cancelled, and all sums paid by the Client will be returned in full.
Under no circumstances may the Customer claim damages to cover in particular:
– the inability of the lessor to insure the rental over the expected period,
– the delay in delivery of the Vehicle,
– the replacement of the Reserved Vehicle with a replacement vehicle.
9.3 PARTS TO BE PRODUCED
When taking over the Vehicle, the Customer (or the Driver if different from the Customer or the Drivers if there are more than one) must present the following documents to the Lessor:
– valid identity document (National Identity Card or Passport);
– a copy of the driving licence for each driver, valid in accordance with the provisions of Article 5.1.
Failure to present one of these documents will be considered as a cancellation of the reservation by the Customer, resulting in the consequences recalled in article 8.1.
9.4 SECURITY DEPOSIT
A security deposit of €3,500 (three thousand five hundred) will be taken from the site.
This security deposit is intended to guarantee the Lessor:
– the financial liability that the Customer may be liable for in the event of damage(s) suffered by the Vehicle, and not covered by the underwritten insurance contract, or in the event of theft.
– other charges invoiced by the Lessor not paid by the Client.
The security deposit cannot be used in any case for an extension of the lease.
In the event that the sums remaining at the expense of the Lessor, as a result of the Customer’s actions, exceed the amount of this security deposit, the Customer must pay the payment immediately or failing immediate costing, as soon as any proof is produced, by any means convenient to the Lessor.
In the event of an accident or a collision with a finding of accident, the security deposit will be kept by the Lessor in full, until receipt of the insurance letter indicating whether the Customer is liable or not, or until receipt of the repair estimates for the Vehicle.
The Lessor reserves the right to keep the security deposit for a period of 7 (seven) days following the return of the Vehicle, in order to cover any damage to the Vehicle and any tickets that were not reported at the time of its return.
This period may be extended until the Customer pays the following fees in full:
– Vehicle rehabilitation costs,
– late penalties in case of late return of the Vehicle,
– mileage overrun charges.
In the case of restoration costs noted during the return of the Vehicle, the Customer authorises the Lessor to immediately debit all or part of the security deposit:
– in case of fuel shortage,
– for exceptional cleaning costs,
– penalties for delay in returning the Vehicle,
– as a result of property damage during the lease. If such damage requires an expert opinion from a repairer or body shop, an invoice will be drawn up and sent to the Customer after the date of return. This invoice will give rise to either an additional payment by the Customer, or a refund from the Lessor in the event of an overpayment.
In the event of a dispute between the Parties, the Lessor reserves the right to keep the security deposit until the full resolution of the claim.
9.5 OTHER DRIVERS
In the event of damage caused to the Vehicle during its driving by a driver not indicated at the time of booking or taking charge of the Vehicle, it shall be the responsibility of the Customer to compensate the Lessor for all damage attributable to the driver suffered by the Lessor (in particular, the damage suffered by the Vehicle, plus the costs and expenses related to the immobilization of the Vehicle).
10. USE OF THE VEHICLE
10.1 VEHICLE OPERATION / MAINTENANCE
The Customer acknowledges having received from the Lessor, manuals and/or guides from the Vehicle manufacturer relating to the use and maintenance of the Vehicle. It undertakes to comply with the standards prescribed therein.
In particular, depending on the number of kilometres travelled, it must carry out the Vehicle’s use checks (such as in particular the oil and water levels and the tyre pressure).
As such, it is its responsibility to react to any signal emitted by the warning lights appearing on the dashboard of the Vehicle and, if necessary, to take all necessary measures, and in any case to inform the Lessor as soon as possible.
The Driver (and the Second Driver if applicable) also undertakes to use the Vehicle in normal conditions, as a good father, keeping it in good working order and presentation.
The Vehicle is, unless otherwise agreed, intended to be used only on the tracks (rotabili or not) that are open to traffic at the time of use (the crossing of submerged shelves is prohibited). In no case is the Customer allowed to practice off-piste: crossing, river crossing, or even the passage of quagmire.
It is prohibited to participate with the Vehicle in competitions such as rallies, races, speed tests or other. Similarly, it is prohibited to use the vehicle in festival or large event type events in which the vehicle could not be left under sufficient supervision to guarantee its integrity.
It is prohibited to perform any towing with the Vehicle, without the prior written consent of the Lessor. The Customer shall also refrain from using the Vehicle for testing or testing purposes.
The attachment of the bike carriers is subject to the express prior authorisation of the Lessor and can only be carried out by the latter. Their loading is the responsibility of the Customer.
In the event of damage, loss of load or accident caused by the loss or stall of load or support, the Lessor’s liability may only be sought in the event of proven fault.
Unless expressly agreed, the Customer undertakes not to sub-rent the Vehicle, nor to use it for the transport of passengers, goods or for courier activities.
The Driver (and the Second Driver if applicable) must drive with caution and under no circumstances in a state of excessive fatigue. Smoking inside the Vehicle is prohibited. In case of breach of one of these commitments, a cleaning fee of 500 (five hundred) euros will be charged to the Customer.
The customer agrees to store in the trunk and in the bike/ski doors his equipment dedicated to sport and the mountain in general.
Before driving, the following must be checked before starting the Vehicle, as specified during the handling of the Vehicle and in the tablet present in the Vehicle:
– the awning must be folded up,
– The fold-out roof must be folded up, and properly engaged, with both safeties engaged
– van cut-off must never be cut
– Indoor temperature must always be above 5°C ( to avoid freezing drinking water circuits)
– the ladder and the canopy arm must be removed and stored in their position,
– the baggage must be properly secured to the rear of the Vehicle, in the position provided in the trunk,
– Electrical step must be stowed
– the back bed must remain unfolded, only sheets and pillows should be left on, no luggage should be placed on it,
– all windows in the passenger compartment must be closed and securely locked,
– the water circulation pump must be turned off
In order to optimise the autonomy and energy consumption of the Vehicle, the Customer undertakes to consult the list of items to be switched off or on during driving, parking and before returning the Vehicle, accessible on the Vehicle’s tablet and communicated when the Vehicle is taken in hand.
In case of impossibility to restart due to the weakness of the battery, the Lessor cannot be held responsible.
The Vehicle must not be in contact with salt water.
The Vehicle, in parking, should be locked, all windows perfectly closed.
The vehicle has a height of approximately 3m high, the customer therefore undertakes to borrow only the car parks and car parks intended for vehicles of more than 2m height.
The Customer agrees that the weight of the Vehicle shall never exceed 3.5 tonnes (the Vehicle weighs 3.1 tonnes unladen) in accordance with article R.312-2 of the French Highway Code. In order to meet this requirement, it is recommended that no more than one piece of baggage per traveller be carried in the Vehicle.
In the event of a check, the Customer must always hold the appropriate driving licence for the Vehicle and be able to justify it, failing which the Lessor declines all responsibility.
10.2 VEHICLE DOCUMENTS AND KEYS
The Customer is obliged to keep in good condition the keys of the Vehicle as well as all the onboard documents, such as in particular the copies of the Vehicle’s registration card and the green insurance card. In the event of loss or damage, the Lessor shall charge the Customer the costs necessary to obtain a duplicate or duplicate of each relevant document.
In case of loss or damage of keys, the Customer must make all the necessary steps, at his expense, for the delivery of a double.
In the event of forgetting the keys inside the closed Vehicle, the Customer shall be responsible for all costs necessary for the reopening and restoration of the Vehicle.
10.3 EXIT FROM TERRITORY
The Customer is authorised to circulate the Vehicle outside the territory of Metropolitan France.
In any case, the Vehicle will not be able to travel outside the European Union. Failing this, the Customer remains solely responsible for the consequences that may result, in particular in case of non-compliance with local regulations and undertakes to compensate the Lessor for all the damages suffered as a result.
10.4 CUSTOMER SERVICE
The lessor allows the Customer to be advised on the route taken with the Vehicle during the rental.
The information concerning the itinerary is given as a guide, the Lessor may not be held responsible for any damage related to the choice of the itinerary taken or linked to a cancelled reservation.
11. OWNERSHIP OF THE VEHICLE
11.1 LEGAL CUSTODY OF THE VEHICLE
By taking delivery of the Vehicle, the Customer becomes its sole custodian and assumes sole responsibility in accordance with the provisions of Article 1241 of the Civil Code. Therefore, the Customer undertakes to make normal use of it.
The following are considered to be abnormal uses of the Vehicle:
– a use of the Vehicle that does not comply with its destination (fuel error, clutch breakage resulting from improper use, poor assessment of the Vehicle’s gauge, in particular),
– modification of the technical characteristics of the Vehicle,
– traffic outside the carriageways,
– driving under the influence of alcohol, narcotics, drugs or narcotics not prescribed medically,
– the use of the Vehicle with an excess of passengers, it being understood that it is necessary to respect the maximum number of four places for the Wild Dreamer and the maximum number of two places for the Night Dreamer, as indicated on the registration (in accordance with the number of seat belts) and on the Site,
– the use of the Vehicle in excess of the maximum weight allowed (3.5 tonnes) and defined on the registration card,
– the subletting of the Vehicle to a third party.
In general, the Customer shall refrain from divesting itself of the Vehicle in any way.
In its capacity as guardian, the Customer shall bear the direct or indirect consequences of any event occurring during the rental period, whether or not covered by insurance, involving its liability towards third parties and/or immobilizing the Vehicle.
Its responsibility shall also extend to the consequences of events which occurred during the rental period but whose damage would not be revealed until after the return of the Vehicle to the Lessor.
11.2 SEIZURES AND ACTIONS OF THIRD PARTIES
The Vehicle remains the exclusive property of the Lessor.
The Customer does not acquire any right of ownership over any part, accessories, equipment and fittings of the Vehicle.
If necessary, the Customer undertakes to enforce this right of ownership by third parties, in all circumstances, by any legal means and at its exclusive expense.
Thus, in the event of seizure, attempted seizure, requisition or confiscation of a Vehicle (including impoundment), the Customer shall:
– to inform the Lessor thereof, without delay,
– to raise any protest and to take all measures to make known the right of ownership of the Lessor,
– to obtain at its own expense the release of any seizure, without prejudice to the claim action reserved to the Lessor.
12.1 ALL RISK INSURANCE
The Rental Vehicles are insured in all damages.
A copy of the General Conditions and Special Conditions of the insurance contract may be given to the Customer at his request.
The guarantees shall apply under the conditions laid down in the said insurance contract, and in particular to the following risks:
– civil liability
– damage sustained in a collision with a fixed or movable body with a deductible of €3,500 (three thousand five cents) including all taxes;
– damage related to a fire, theft, fall of lightning, natural event deductible €3,500, or natural disaster legal deductible;
The Vehicle is only insured for the duration of the rental indicated at the time of booking.
After this period and unless the extension of the duration of the rental, is in accordance with the provisions of article 5.1, accepted in writing by the Lessor, the Customer will remain its own insurer for the damage caused and/or suffered by the Vehicle.
The Rental Vehicles are insured in all damages.
A copy of the General Conditions and Special Conditions of the insurance contract may be given to the Customer at his request.
The guarantees shall apply under the conditions laid down in the said insurance contract, and in particular to the following risks:
12.2 DOMESTIC DAMAGE INSURANCE
We guarantee material damage to the Furniture during the term of the Policy if all of the following conditions are met:
-Property damage was caused by the Tenant or an occupant of the Recreational Vehicle;
– Property damage occurred while the Recreational Vehicle was stationary.
The purpose of the warranty is to cover the cost of repairs or replacement of the damaged Furniture. The indemnity paid by the Insurer may not exceed a maximum amount of 1500 euros.
– Any damage to the Recreational Vehicle itself (road accidents with party destruction• Mechanical or electrical failure, failure or deterioration of the Recreational Vehicle;
– Any damage caused to the Leisure Vehicle Furniture while it is in motion;
– Any damage caused to the Leisure Vehicle Furniture resulting from a natural disaster;
– Any damage caused intentionally by the Owner, by the Tenant or by an Occupant;
– Any damage caused by fire or explosion;
– The normal wear and tear of the Leisure Vehicle Furniture;
– Any damage that occurs when the Tenant or an Occupant does not comply with the provisions of the Rental Agreement;
– Loss or damage of Furniture not belonging to the Owner;
– The loss, theft or damage of any personal effects belonging to or brought by the Tenant or by an Occupant;
– Loss, theft or damage caused by any person other than the Tenant or an Occupant with whom You share the reservation unless corroborated by a police report;
– Consequences of theft, fraud or breach of trust;
– Cleaning Costs;
– Any damage caused to the Furniture of the Leisure Vehicle by domestic animals owned or under the care of the Tenant or an Occupant;
– Sudden outbreaks or infectious diseases, as well as diseases caused by air pollution or contamination.
The obligations of the tenant and occupants are as follows:
-In the event of damage, the Tenant and/or the Occupants must take all reasonable and necessary measures to protect the contents and Furnishings of the Recreational Vehicle and avoid further damage or aggravation of the damage;
-At the end of the rental, before leaving the Leisure Vehicle, the Tenant and/or the Occupants must report any damage to the contents and Furniture to the Owner and/or his representative and detail it in writing accompanied by all necessary documents such as the Rental Agreement and/or its reference, the police report and an estimate of the damage.
12.3 ASSISTANCE 24H24- 7J/7
For vehicles and persons transported in the event of mechanical failure, accident, theft, fire and serious bodily harm in Europe.
– towing costs to the nearest brand garage,
– the return home transport of passengers and drivers by all means for metropolitan customers (rental vehicle, train or plane economy class, taxi over a distance of 100 km);
– 80 euros of hotel and breakfast expenses per night (1 night in France and 3 nights maximum abroad);
– and, if applicable, the costs of repatriating the Vehicle
This assistance is valid in all countries referred to in Article 10.3, within which the Vehicle is authorised to operate. All assistance costs that could be incurred without third parties following an incident that is the responsibility of the Customer will be entirely at its expense (entanglement, silting, etc.).
12.4 Obligations in the event of a disaster
The Customer undertakes to:
– report immediately to the Lessor (06 87 21 62 04) and to the Motorhome Assistance Service (emergency number 01 55 92 23 22) and to the police authorities any accident, theft or fire, even partial;
– send the statement directly to the insurer whose contact details are provided in the Vehicle’s user manual, within 72 hours of the accident and send a copy to the Lessor, at the address at the top of this letter;
– include in its declaration the circumstances, date, place and time of the accident, the name and address of the witnesses, the number of the third-party car engaged, the name of its insurance company and its insurance policy number; preferably it is desirable to use a European friendly observation
– attach to this declaration any police, gendarmerie or bailiff’s report, if it has been drawn up;
– do not discuss liability in any way, nor deal with or deal with third parties to the accident;
– transmit to the Lessor the notices, letters, summons, summons, extrajudicial documents and all the procedural documents to which it would have been the addressee.
In case of theft, attempted theft and vandalism, the Customer must make the declaration to the local police or gendarmerie authorities within 48 hours and must file a complaint.
The Customer must send the Lessor the original of the complaint and keep a copy. He must as soon as possible give the Lessor all the documents of the Vehicle and the keys.
In the event of non-compliance with these obligations, the Customer will be fully liable, the Lessor reserves the right to initiate proceedings against him.
The Lessor reserves the right to use its insurance to cover a claim or not.
The main exclusions are:
– the legal exclusions, namely the damage that has occurred (i) when the Driver is not of the required age or does not have a valid driving licence, (ii) during tests, races, competitions (or their tests) subject to authorisation by the Lessor, (iii) suffered by passengers not being transported under sufficient conditions of safety;
– the driver’s intentional act
– damage caused intentionally by tenants
– All tenant property and belongings are not covered regardless of damage
The list of exclusions appears in the Insurance Notice provided to the Customer, as well as in the special conditions and in the general and special conditions, which may be provided by the Lessor at the Customer’s first request.
All costs incurred for the repairs in question will be borne by the Customer, including in the event of a Franchise Redemption. Without the agreement of the lessor
12.6 FORFEITURE OF SECURITY
The Customer shall immediately lose the benefit of all insurance or guarantees in the event of:
– non-compliance with the provisions contained herein,
– fraud: misrepresentation, attempted fraud, serious traffic violation or other intentional tort.
12.7 CLIENT RESPONSIBILITY
The Customer shall be liable for any damage and costs suffered by the Lessor in the event of loss, damage or theft which the Vehicle, its equipment, or its accessories may be subject to during the rental period, and which would not be covered by the underwritten insurance and whose terms are recalled in Article 12 of these CGL.
In the event of a responsible accident, during which the Vehicle is seriously damaged or immobilized more than 3 (three) days, the Lessor reserves the right to terminate the rental without refund or compensation for the remaining days of rental.
In the event of damage to the Vehicle resulting in an immobilization at a garage, the Lessor shall charge the duration of the immobilization during the rental day according to the tariff in force at the time of completion of the work.
An application fee will also be charged up to 15% of the TTC amount of repairs.
In case of theft of the Vehicle or damage caused to it by the fault of the Customer, or in the absence of an identified third party, the Customer must compensate the Lessor to the extent of the damage actually suffered (estimated amount per repair estimate, market value of the Vehicle, capital costs, file costs, etc.) as long as the insurance purchased is not intended to be implemented.
At the end of the rental, in case of damage or theft, an amount equivalent to the security deposit will be charged to the Customer.
If the amount of the damage remaining at the expense of the Customer exceeds this amount, an invoice for the difference will be sent to the Customer, payable immediately.
If the Customer charges its own insurance to cover its liability in case of loss or damage caused to the Vehicle, expressly authorizes the Lessor
to negotiate and enter into any amicable agreement for compensation directly with its insurer and agrees that any amount paid in respect of such loss or damage shall be paid directly to the Lessor.
13. TRAFFIC VIOLATIONS
Under Article L.121-2 of the French Highway Traffic Code, the Driver of the Vehicle is personally responsible for all fines and tickets relating to offences and violations of the European Highway Traffic Code (parking violations, payment of tolls, overload of the Vehicle in particular).
Tickets will be paid directly to the local authorities by the Driver of the Vehicle.
In the absence of direct and immediate payment, and, in the event that the Lessor receives a notice of increased fine, it will communicate to the competent authorities the identity and contact details of the Client.
Furthermore, the Customer shall be liable to the Lessor for the flat-rate sum of 20 euros including taxes (including 20 euros) per contravention, as management fees.
14. RETURN OF THE VEHICLE
The return is understood for any Rental Agreement which has expired for any reason whatsoever.
14.1 DATE, PLACE AND TIMES OF RETURN
The return of the Vehicle is made, under the responsibility and at the expense of the Customer, at the place, time and date agreed upon at the time of booking.
However, if the Customer has subscribed for the «Pick-up/Drop-off» option (Vehicle Drop-off) when booking the Vehicle and after confirmation by the Lessor, the refund may take place at a time and place agreed between the Parties and included in the booking confirmation.
If the Customer subscribes to the «late return» option, it will be possible for him, within the limits of the availability and constraints of his trip and the following rentals, to return the Vehicle after 10:00, it being understood that the time limit of return may not exceed 13:00 (which will require billing for a late return). After this hour, an additional night will be charged, unless expressly agreed by the Lessor.
In case of delay, the Customer agrees to inform the Lessor immediately. Special cases of refunds authorised outside the opening hours of the premises:
– In the event that a “Late Return” has been expressly authorised by the Lessor, the Client will be charged a fee of 60 (sixty) euros including all taxes.
14.2 CONDITION OF VEHICLE
The Vehicle must be returned to the state it was in when it was taken over by the Customer. A contradictory check of the apparent, internal and external condition of the Vehicle will be carried out («Return» inventory), and a comparison to that indicated in the «Departure» inventory at the time of the Vehicle’s takeover.
A “return” statement will be signed by the Parties. If the apparent condition of the Vehicle upon return differs from that established at the time of pick-up, the Lessor shall invoice the Customer for the damage found.
In the event that the Vehicle is not returned in perfect state of cleanliness (inside and outside) the Customer will be charged a flat-rate penalty of 250 € TTC (two hundred and fifty euros all taxes included) corresponding to the cleaning costs.
In addition, toilets rendered not emptied/ not cleaned will result in a billing amount of 500 euros TTC (five hundred euros all taxes included).
The Lessor reserves the right, after restitution, to have the Vehicle examined by an expert. In this case, the expert’s report shall be binding between the Parties, except in the case of a duly notified counter-report to the Lessor within 7 (seven) days of receipt of the expert’s report by the Lessor.
The Client is systematically responsible for the costs of the expert reports.
If an anomaly is found within 15 days following the date of return of the Vehicle, the Customer’s liability may be sought by the Lessor.
14.3 EQUIPMENT / ACCESSORIES
The Lessor shall invoice the Customer, as a penalty, for any equipment or accessories that are broken, lost and/or not replaced.
The Vehicle made available to the Customer must be returned with the same fuel level.
Failing this, the Lessor will charge the Customer the price of the missing fuel, at the rate in force on the day of the refund, plus a fixed amount of 20,00 € TTC (twenty euros all taxes included) corresponding to the services related to the filling of the tank carried out by the Lessor.
In order to determine the cost of the missing fuel, the Lessor will evaluate the fuel consumed during the rental, based on the fuel gauge and report it to the Vehicle’s tank capacity (based on the vehicle manufacturer’s data).
The Vehicle is made available to the Customer with tyres whose condition and number comply with the regulations in force.
In the event of damage to one of them due to a cause other than normal wear and tear or a hidden defect, the Lessor may, in the event that the Customer has not replaced it at his expense by a tyre of the same size, type and brand, invoice the Customer.
Only the costs of replacing tires or repairing the tyre are covered by our “flat wheel insurance” (therefore not covered: towing, assistance, overnight stay, replacement vehicle, etc.).
14.6 RETRIEVAL OF ON-BOARD DOCUMENTS
The Customer must return to the Lessor all the documents made available to him at the time of taking charge of the Vehicle (registration card, green insurance card, maintenance manuals, etc.).
In the absence of any return and/or in the event of non-replacement of the said documents, the Lessor shall charge the Customer a flat rate of €40.00 TTC (forty euros including all taxes) for the purpose of obtaining duplicates and/or replacement documents.
Is includes a 200 kilometre mileage package, in standard mileage, per rental day.
A reading of the odometer of the Vehicle indicated on the «Return» inventory will be carried out, which will then be compared with that recorded at the time of pick-up of the Vehicle and recorded in the «Departure» inventory.
In the event of exceeding the mileage charge, the Lessor shall charge the Customer on the basis of
€0.30 (including all taxes) per additional kilometer.
In the event of a malfunction of the Vehicle’s odometer, due to the Customer’s fraudulent actions, the Lessor shall charge the Customer on the basis of 400 (four hundred) kilometres per day.
If applicable, the Lessor shall invoice the Customer (or the Driver of the Vehicle), when returning the Vehicle, for all the elements referred to in
articles 13.1 to 14.7.
This amount is paid immediately by the Customer.
If an expertise is required for the return of the Vehicle, the Lessor will have an additional period of one month (30 calendar days) to draw up the invoice.
15. PERSONAL DATA
The subscription of the Rental Agreement may involve the provision by the Customer of personal data (hereinafter the «Personal Data»).
The Lessor acknowledges the importance of ensuring the protection and security of Personal Data and undertakes to process them in accordance with the applicable regulations, namely Law No. 78-17 of 6 January 1978, as amended, known as the “Data Protection and Freedoms Act” and Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 25 April 2016, known as “GDPR” (hereinafter the “Applicable Regulation”).
The Personal Data that may be collected are the surname, first name, telephone number, dates of birth, postal and electronic address as well as all information displayed on the driver’s licence (and possibly the Additional Driver).
The Personal Data are intended for the commercial services of the Lessor, to enable them to validate and execute the orders, as well as to send information and/or offers.
The Lessor undertakes to process the Personal Data only for the aforementioned purposes, to the exclusion of any other purpose. In particular, the Lessor does not market or rent Personal Data to Third Parties without the Customer’s permission.
The Personal Data are kept for a period of 3 years from the end of the commercial relationship between the Customer and the Lessor.
The Lessor shall implement appropriate technical and organisational measures to ensure the protection of Personal Data and to provide the necessary guarantees for their processing, in accordance with the requirements of the GDPR.
If applicable, the Lessor undertakes to use sub-Contractors with sufficient guarantees regarding the implementation of appropriate technical and organisational measures to ensure that the processing of personal data meets the requirements of the GDPR.
In particular, the Lessor imposes on its subcontractors the same obligations and the same level of requirement as that to which it is subject in the context of the processing of personal data.
In accordance with the Applicable Regulations, the Customer has a right of access, rectification and erasure of his Personal Data. In certain circumstances, it also has the right to object to the processing of its Personal Data for reasons relating to its particular situation, as well as the right to request the limitation of the processing carried out by the Lessor.
To implement one of these rights, you should apply online at email@example.com or by post at CAPSULES, 54 Rue Lemercier – 75017 Paris.
The Lessor undertakes to process all requests as soon as possible.
The Customer also has the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL).
16. FORCE MAJEURE
The Lessor reserves the right to cancel, without financial prejudice for him, any reservation if events of force majeure or accidental cases compelled him to do so, as defined by article 1218 of the Civil Code and which covers in particular: strike, fire, water damage, no access, decisions by authorities, tropical storm cyclone, vehicle involved or broken down, etc.
The Lessor shall not be liable for any loss or damage caused to property or persons by a Vehicle under the legal custody of the Client, except in the case of negligence or gross negligence on the part of the Lessor.
The Lessor shall under no circumstances be liable for any indirect damage such as a train, a boat or a missed plane.
The Lessor may under no circumstances be held liable to the Customer or the Driver in the event of loss or damage to personal property left on board the Vehicle during the term of the Rental Agreement.
18. APPLICABLE LAW – LITIGATION
The Lease Agreement is subject, both for its interpretation and for its implementation, to French law.
Any difficulties or disputes relating to the interpretation or performance of the Rental Agreement, even in the event of multiple defendants or a guarantee appeal, shall be brought before the competent courts.
Signature of both parts preceded by “Read and approved”
(hereinafter referred to as the Customer ).
(hereinafter referred to as the Lessor ).