General Terms and Conditions of Rental
The company “Richard & Adventure” operating under the trade name CAPVANGO, hereinafter “the Renter”, registered with the RCS of FRÉJUS under No. 894 173 459 offers to rent equipped leisure vehicles and accessories.
The company’s purpose is:
The short term rental of motor vehicles equipped with all amenities and options for leisure, travel, various stays and all associated services;
The rental of leisure and sport articles related to the activity;
Assistance in the organization of tourist tours.
The lessor is exclusively subject to these General Rental Conditions (the “GENERAL RENTAL CONDITIONS”) and to the special conditions resulting from the contractual document (“the Rental Contract”) given to the lessee “the Client”.
The Customer acknowledges having received, read and accepted the GENERAL RENTAL CONDITIONS and the rental agreement at the latest upon delivery of the vehicle. This acceptance of the GENERAL CONDITIONS OF RENTAL and the rental contract is evidenced by the signature that the Customer must affix to the contract.
ARTICLE 1 – RESERVATIONS
Reservations are made in the following manner:
You must make the request either through our online reservation system on the CapVanGo.com website, by telephone at +33 (0)126.96.36.199.49, or by email at the following address: email@example.com.
Step 1: select the desired vehicle and the desired options in the online trading space;
Step 2 : filling in the mandatory fields of the form, which is worth ordering;
Step 3: verification by the customer of the order and any changes;
Step 4: acceptance of the general conditions and of the order;
Step 5: confirmation of the customer’s order and access to the secure online payment system.
See GENERAL TERMS AND CONDITIONS OF SALE ON THE INTERNET below.
To validate your reservation you must pay the total amount by credit card, Paypal, bank transfer or pay a deposit of 40% of the amount of the reservation through the above means at more than one month of departure or the totality of the order at month at less than one month of departure.
The legal provisions relating to distance selling in the Consumer Code provide that the right of withdrawal is not applicable to the provision of “accommodation, transport, catering and leisure services that must be provided on a specific date or at a specific time” (Article L 121-20-4 of the Consumer Code). Thus, for any order of service provision made with RICHARD & ADVENTURE, you will not have any right of withdrawal.
As of the recording of the order, CapVanGo will address to you an email of confirmation of the order. By keeping this email and printing it, you have the proof of your definitive reservation order.
Normally, all our vehicles are available. However, if exceptionally your order would be impossible to treat because of the unavailability of the vehicle, we would contact you immediately (average delay of 72 hours) to make you a counter-proposal. If you are not satisfied, we will immediately refund your purchase.
Elements not included in the rental price: The Tenant will be responsible for: engine fuel, electric batteries, water and gas, any breakdown service and, in general, any consumable material necessary for the proper operation and maintenance of the vehicle during the rental period.
Similarly, sheets and pillowcases are only offered as an option and their supply is subject to an additional charge.
The Customer must also email a copy of the driving license of the main or additional authorized driver.
The rental contract will then be signed at the agency.
ARTICLE 2 – PERSONS AUTHORIZED TO DRIVE THE VEHICLE AND USUAL PRECAUTIONS AND SAFETY REQUIREMENTS ON BOARD.
The rental offer covered by RICHARD & ADVENTURE’s insurance authorizes the driving of the vehicle only by two drivers over 21 years of age, who have held a driving license for more than two years.
The wearing of seat belts is mandatory for all passengers as soon as the vehicle is in motion.
ARTICLE 3 – DOCUMENTS TO BE PROVIDED FOR THE VALIDITY OF THE CONTRACT
3.1 Upon delivery of the vehicle, the Customer must present a valid French driver’s license and a valid identity card or passport.
A certificate of liability insurance for the driver(s) is also required.
3.2 Failure to present the required documents is a violation of the rental agreement and the GENERAL RENTAL CONDITIONS. If the authorized driver cannot produce the required documents, he/she will not be allowed to drive the vehicle. If the Customer cannot produce all the necessary documents, the Agreement shall be terminated to the sole detriment of the Customer with immediate effect.
3.3 As payment by cheque is excluded at the time of delivery of the vehicle, the Customer must present a valid bank card or international credit card in his/her name in order to allow the Hirer to check his/her creditworthiness.
3.4. 3.4. The amount of the cancellation indemnity is equivalent to the amount of the deposit paid.
ARTICLE 4 – OWNERSHIP OF THE VEHICLE AND ITS ACCESSORIES
The vehicle and its accessories are the property of RICHARD & ADVENTURE. The Customer and any authorized driver are not entitled to sublet the vehicle and its accessories, nor to make any modifications or repairs to the rented vehicle and its accessories, except as provided in Article 6 below.
ARTICLE 5 – DELIVERY OF THE VEHICLE
The vehicle and its accessories are made available to the Customer in perfect working order, subject to any hidden defects. The rental contract indicates any apparent defects of the vehicle and its accessories, the mileage and the fuel level. The Customer is obliged to check the condition of the vehicle and the information on the Rental Agreement at the time of delivery. If necessary, before departure, the Customer must inform the Rental Company of any apparent defects not listed and any discrepancies in mileage or fuel level so that the Rental Company can correct the information on the Rental Agreement. In the absence of such information from the Renter prior to the Customer’s departure, no claim for apparent defects shall be entertained.
The Renter will provide training to the Customer on the use of the rented vehicle and its accessories.
The Customer and any authorized driver agree to take good care of the rented vehicle and its accessories, including regularly checking the engine oil and water levels and that the tires are at the recommended pressure, and to ensure that the vehicle remains roadworthy throughout the rental period.
The Customer or any authorized driver is prohibited from making any repairs or modifications to the rented vehicle without the express prior consent of the Renter.
The Customer or any authorized driver is required, in case of damage to one or more tires and/or rims during the rental, to repair or exchange the damaged tire and/or rim for a new identical model (brand, profile, size and speed rating) at his own expense and after obtaining the agreement of the Renter. In such a case, the Customer or any authorized driver cannot claim damages for disturbance of use, except in the case of hidden defect or failure to deliver in conformity, it being the responsibility of the Customer or the authorized driver to prove it.
ARTICLE 7 – CONDITIONS OF USE OF THE VEHICLE
The Customer or any authorized driver is required not to use the vehicle under the following conditions
Outside the roads;
For the transport of goods for consideration, except for utility vehicles;
For the transport of persons for consideration;
For driving lessons;
For tests, competitions or automobile races;
By any person under the influence of alcohol (blood alcohol level higher than the legal limit) or of any prohibited substance (narcotics, medication, etc.);
To transport a load or a number of passengers higher than the indications given by the manufacturer, as defined on the car registration document;
To transport any flammable, explosive or radioactive material (oils, mineral spirits, etc.) that could damage the vehicle or pose an abnormal risk to its occupants and/or third parties;
To push or tow another vehicle;
In countries prohibited by the rental contract;
For any subletting;
To drive in areas forbidden to the public (airport areas, military areas, etc.);
Smoking or vaping in the vehicle;
Using the vehicle if it is damaged or unsafe;
For the purpose of intentionally committing an offense;
Not to drive on the snow without the equipment provided by the renter;
Not to ride on the roof of the van;
Not to use abrasive sponges to clean the interior and exterior of the van;
Not to drive after the possible withdrawal of his driving license
In general, the Client and any authorized driver are required to comply with the provisions of the Highway Code and to refrain from any reckless driving.
The Client and any authorized driver are also required to keep the keys to the vehicle in their possession, and to lock the vehicle and keep the vehicle registration papers with them.
CapVanGo recommends that Customer and any authorized driver pay attention to the size or gauge of the Vehicle.
Renter recommends that Customer and any Authorized Driver use common sense in all things to be kept and stored in the Vehicle and maintain the Vehicle in its current condition.
ARTICLE 8 – RETURN OF THE VEHICLE AS IS and financial responsibility
8.1 Terms of return
The Customer or any authorized driver must return the rented vehicle, its keys and its papers no later than the dates and times stipulated in the Rental Agreement, in the original condition described in the Rental Agreement, except for normal wear and tear. Unless the vehicle is returned outside of RICHARD & ADVENTURE’s business hours or the Client refuses to return it, a joint examination of the vehicle will take place at the time of return and will be the subject of a return protocol signed by the Client or any authorized driver. A copy of this protocol will be given to the Client at his request.
If the Client or any authorized driver wishes to return the vehicle outside of RICHARD & ADVENTURE’s opening hours, he/she does so at his/her own risk.
Thus, even if the vehicle is parked by the Client or any authorized driver in the RICHARD & ADVENTURE parking lot and the keys have been deposited in the RICHARD & ADVENTURE mailbox, the vehicle remains under the responsibility of the Client or any authorized driver until RICHARD & ADVENTURE opens and the Hirer picks up the vehicle.
In this case, as well as in the event that the client refuses to proceed with a contradictory examination of the condition of the vehicle, the observations made by the Renter alone on the condition of the said vehicle shall be enforceable against the client and any authorized driver. The Renter shall not be held responsible for any property left behind by the Client, any authorized driver or occupant of the vehicle in the vehicle.
The Rental Agreement ends at the agreed upon date and time and may be extended subject to the availability of the vehicle with the prior approval of the Renter, the Customer must inform the Renter of his intention to extend the rental period three (3) days prior to the expiration of the agreed upon rental period.
Without the written agreement of the Renter on the rental contract at the time of departure of the vehicle, if the vehicle is returned beyond the date specified on the contract, each week started will be charged.
If the vehicle is not returned on the agreed upon date and time and if the rental agreement is not extended in accordance with the provisions of the preceding paragraph, the rental agreement is terminated.
For the continued use of the vehicle until its return, the Customer and any authorized driver will be jointly and severally liable to the Renter for the payment of a rental fee equal to the Renter’s public rate for daily rentals, except in the event that the failure to return the vehicle is not the fault of the Customer or authorized driver.
8.2. Financial responsibility
8.2.1. – Maintenance of the van
If the Customer or any authorized driver is late in returning the Vehicle for any reason, he/she must notify RICHARD & ADVENTURE immediately.
The return of the Vehicle after the agreed time without prior agreement (no later than 6:00 pm or 10:00 am on Saturdays in very high season) will result in a fee of 250 euros per day or part of a day.
The Customer is financially responsible for the cleaning and maintenance operations necessary for the routine upkeep of the vehicle during the rental period:
Interior and exterior cleaning of the van;
Toilets and waste water tank must be emptied and cleaned;
All dressers must be empty and trash cans emptied;
The refrigerator must be empty and cleaned;
The kitchen and cooking area must be clean and spotless;
All dishes, cutlery and glasses should be clean and ready for use;
All dishes, cutlery and glasses must be clean and ready for use; Linen and curtains must be free of dirt marks;
Floors must be swept and cleaned;
Bed linen must be removed;
Outdoor table and chairs must be clean;
Addition of fuel (diesel) during the rental period, and filling of the tank at the end of the rental period (done within 10km of the return location);
Oil and other liquids (e.g.: Ad Blue, coolant…), if necessary, at the end of the rental;
Replacement of gas reserves at the end of the rental.
The Hirer reserves the right to charge the end of stay cleaning option of 49€, if the Vehicle is not returned in an appropriate state of cleanliness.
If the fuel tank is not full, it will be charged at €2.0 per liter plus VAT plus a fee of €30 plus VAT for refueling.
8.2.2 – Vehicle repair costs – damage covered by insurance
The Customer’s financial responsibility corresponds to the amount of the security deposit.
Please refer to Article 9 for details of the insurance taken out by the lessor, and the conditions of damage covered by your rental contract.
8.2.3 – Vehicle repair costs – damage not covered by insurance
The Customer is fully liable for the cost of repairing the rented vehicle by the rental company in the event of damage not covered by insurance.
Please refer to Article 9 for details of the insurance taken out by the Renter, and the conditions of damage and theft not covered by your rental contract.
8.2.4 – Contraventions
The Client is financially responsible for any contraventions and sanctions (financial and penal) during the rental period: speeding, parking, etc.
In the event that the Client does not pay the fines, the Client authorizes RICHARD & ADVENTURE to
– To debit his/her security deposit for the amount of the surcharge required by the authorities. The local taxes in force will be applied;
– To charge him/her an additional processing fee of 50 €.
8.2.5 – Loss of keys and travel documents
In the event of loss of the keys and/or vehicle registration documents, the Customer shall make the required declarations for the issuance of a duplicate and replace the items at his own expense.
If the keys are forgotten inside the vehicle, and if the vehicle has to be locked again, all the costs necessary for the reopening and restoration of the vehicle are to be paid by the Customer.
8.3 – Guarantee of the Customer’s financial responsibility: deposit
8.3.1. Payment of the security deposit
The rental of a vehicle from the lessor requires the payment of a security deposit of 2,500 euros, (regardless of the level of protection selected by the Customer). This deposit covers all the sums due by the Customer:
The amount of the security deposit is not cashed during the rental period.
The payment of the security deposit is done by credit card
The Client accepts that the Hirer establishes a direct debit corresponding to the sums due by the Client under the present contract.
8.3.2 – Return of the security deposit
The security deposit may be extended until the Customer has paid in full any of the following costs
Costs of restoring the van ;
Penalties for late return of the vehicle ;
Overshooting fees: 0.25 euros per additional kilometer.
In the event of repair costs upon return of the van, the Client authorizes RICHARD & ADVENTURE to immediately debit all or part of the security deposit:
for lack of fuel, cleaning costs, late fees
following material damage and initial assessment by RICHARD & ADVENTURE staff. If these damages require an expertise from a repairer or body shop, an invoice will be established and sent to the Client after his return date. This invoice will give rise either to an additional payment by the Client, or to a refund from RICHARD & ADVENTURE in the event of an overpayment.
ARTICLE 9 – INSURANCE
9.1 – Insurance and assistance contract coverage
The insurance and assistance apply:
For incidents and accidents involving the vehicle and third parties, under the responsibility of one of the drivers mentioned on the contract
In the countries mentioned on the green insurance card
For the duration of the rental contract
Subject to the Customer’s compliance with all his responsibilities towards the van, as described in article 7. In the case of damage caused by the Customer due to improper use (e.g.: tears in the saddlery, tears in the tent canvas, severe damage to the furniture), the Customer is fully responsible.
9.1.1 – Insurance
The “All Risks” insurance contract included in the rental includes
Automobile liability insurance, to cover all damage caused by the drivers mentioned on the contract:
Damage to third parties: buildings, property, persons, etc. ;
Damage to the vehicle’s passengers;
Driver’s personal guarantee;
An all-risk damage insurance ;
theft and fire, natural disasters, and acts of vandalism to cover damage to the rented vehicle. In case of total or partial responsibility of the Customer, this insurance includes a deductible of 2500€, covered by the Customer’s deposit.
The deductible applies totally or partially, depending on the driver’s share of responsibility;
The deductible applies for each event. Several deductibles are therefore applicable in the event of non-contemporary losses;
Insurance against glass breakage, headlights, and tire damage. This insurance includes a deductible of 250€, covered by the Customer’s deposit.
9.1.2 – Assistance to the van
The vehicle assistance included in the rental contract is available 7 days a week and 24 hours a day and includes
Assistance in filling out the accident report;
Assistance in case of a flat tire;
Assistance in case of fuel failure;
The towing of the vehicle or the breakdown service on the spot;
Accommodation in case of immobilization of the vehicle (under the conditions of the assistance contract);
Repatriation to the rental company’s premises in case of immobilization of the vehicle (under the conditions of the assistance contract).
The assistance does not cover, free of charge, cases of immobilization of the vehicle in sand, mud or snow.
In case of damage, call +33 (0)188.8.131.52.84 France or abroad, available 24 hours a day and 7 days a week – Assistance policy number: BALDIF188
In case of immobilization of the vehicle following an accident or incident, or following a theft, the assistance contract and the rental company do not offer any reimbursement to the Customer for the interruption of his trip, nor any payment of damages.
9.1.3 – Personal assistance
The personal assistance included in the rental contract includes
Medical repatriation (under the conditions of the assistance contract);
The payment of the visit of a relative in case of hospitalization (under the conditions of the assistance contract);
Sending medication abroad;
Reimbursement of medical and surgical expenses abroad (according to the conditions of the assistance contract);
In the event of a claim, call +33 (0)184.108.40.206.84 France or abroad, available 24/7 – Assistance policy number: BALDIF188
9.2 – Incidents not covered by the insurance contract
The following incidents and damages are not covered by the insurance and are the full financial responsibility of the Customer:
Damage and theft of personal belongings of the Customer and the passengers of the van
Damages occurring in case the driver of the rented vehicle is not mentioned on the contract
Damage occurring in a country not mentioned on the green insurance card
Damage occurring outside the rental period mentioned on the contract
Damage occurring as a result of the Customer’s failure to comply with his responsibilities regarding the maintenance and use of the van, as described in articles 6 and 7.
Examples of damages not covered :
Improper use of fuel
Damage and deterioration due to careless use of the vehicle (interior and exterior damage): Torn seats, broken or deteriorated elements, etc.
Damage due to the use of the vehicle in sand, mud, snow
Damage caused by the Customer’s state of intoxication or drunkenness
Damage caused by bad or false information and/or declarations provided by the Customer to the rental company and its insurer, or by the voluntary omission of information by the Customer, or by the impossibility of using the information provided by the Customer (particularly in the accident report)
Damage caused by the failure to provide the renter with information relating to the accident (in particular the accident report)
Damage resulting from the abandonment or non-return of the vehicle by the Client within the time period mentioned in the rental contract
Theft of the vehicle following its abandonment or failure to return it within the time limits mentioned on the rental contract by the Customer.
The Customer agrees that the rental company is irrevocably authorized to collect the sums owed by the Customer to cover these costs, even if these sums exceed the amount of the security deposit.
9.3 – Operation of the insurance in case of damage to the vehicle and/or to a third party
Two cases may arise in the event of damage involving the vehicle rented by the Renter:
The damage caused is the total responsibility of an identified third party: the insurance of this third party is financially responsible for the costs of
the vehicle rented by the lessor. Provided that the third party is identified and insured, the cost of repairing the vehicle will be borne by the third party. A handling fee of 50 €uros (50€) is charged to the Customer;
The damage caused is under the partial or total responsibility of the Customer: his financial responsibility is engaged up to the deductible.
ARTICLE 10 – LOSS AND DAMAGE TO THE VEHICLE
10.1 Principle of liability of the Customer and any authorized driver
The Customer and any authorized driver are liable, in accordance with the provisions of Article 1732 of the Civil Code, for loss of and damage to the Vehicle during the rental period.
The liability of the Customer or any authorized driver may include the amount of repairs assessed by an expert or invoiced by the garage, the market value of the vehicle, an allowance for immobilization of the vehicle and all other additional costs related to the loss or damage caused to the rented vehicle during the rental (such as towing costs, storage costs of the vehicle, expert fees, file management fee of 55 €uros, etc.), as well as the cleaning costs of the vehicle. ), as well as the cleaning costs made necessary by the excessive 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 impounding costs as well as the administrative costs of processing the file by RICHARD & ADVENTURE assessed at 55 €uros.
This Limitation of Liability does not apply:
In case of intentional or malicious misconduct as defined in article L.113-1 of the Insurance Code;
In case of negligence or recklessness of the Customer or any authorized driver;
In case of violation of the provisions of the Highway Code;
In case of use of the rented vehicle contrary to the stipulations of Article 7 of these GENERAL CONDITIONS OF RENTAL;
In case of attempted suicide or suicide;
In case of driving with an expired, suspended or withdrawn driving license;
In case of failure to declare the circumstances of the accident or fire as provided for in Article 11.2 of these GENERAL CONDITIONS OF RENTAL;
In the event of a declaration of the circumstances of the accident or fire that does not comply with the provisions of Article 11.2 of these GENERAL CONDITIONS OF RENTAL;
In case of attempted fraud;
In the event of intentional misrepresentation in the rental contract, in the declaration of the circumstances of the accident or fire or in the joint insurance report drawn up after an accident;
For damage not considered as fire (i.e. combustion with flames), such as cigarette burns;
For damage to the Customer’s or authorized driver’s effects or goods carried in the vehicle;
For damage resulting from the use of improper fuel;
In case of non-payment of the rental price and its accessories.
10.2.2 – Duration and scope of the Limitations of Liability
The optional Limitations of Liability are in effect only for the rental period stipulated in the Rental Agreement. After this period, and unless the contract is formally extended by the Renter before the damage occurs, the Customer and any authorized driver shall lose the benefit of the said optional Limitations of Liability, as stated in Article 8 of these GENERAL CONDITIONS OF RENTAL.
ARTICLE 11 – OBLIGATIONS IN THE EVENT OF A CLAIM
11.1 – General obligations
In the event of an accident, theft, attempted theft, fire, collision with a wild animal or any other damage to the vehicle (the “Loss”), the Customer or any authorized driver must take all necessary measures to protect the interests of the Renter and, if applicable, the insurance company, namely
Notify the Rental Company immediately or at the latest within twenty-four (24) hours following the occurrence or discovery of any of the above-mentioned losses or damages;
If necessary, notify the police or the gendarmerie.
11.2 – Specific obligations in case of accident
In the event of an accident, the Customer or any authorized driver must, in addition to fulfilling the obligations set forth in Article 11.1, draw up a report by completing the document provided in the vehicle, except in cases of force majeure.
If a police or gendarmerie report or a bailiff’s report has been drawn up, these documents must be attached to the said 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 Renter or its insurer.
11.3 Special obligations in case of theft
In case of theft of the vehicle, a complaint must be filed immediately with the competent authorities. A copy of the report of the complaint must be given as soon as possible to the Hirer by the Customer or any authorized driver.
The original vehicle keys must also be returned to the Renter. In case of theft or loss of the original keys, the Hirer or any authorized driver shall immediately report the theft or loss of the keys to the Rental Firm and the competent authorities. In addition, if the theft or loss of the keys is not reported, the rent due by the Customer shall continue to run.
ARTICLE 12 – RENTAL PRICE, MISCELLANEOUS EXPENSES AND PAYMENT TERMS
12.1 Rental price – Miscellaneous charges
The Rental Price is the price resulting from the Renter’s rates in effect on the day the rental contract is signed. The promotional rates are valid only for the proposed duration. In case of exceeding this duration, the normal rate applies to the whole duration of the rental.
THE CLIENT AND ANY AUTHORIZED DRIVER ARE JOINTLY AND SEVERALLY LIABLE FOR PAYMENT OF THE RENTAL PRICE
The rental price is composed of the main rent and any additional rent:
The main rent, depending on the rate chosen by the Customer, is determined according to the duration of the rental only, or according to this duration and the kilometers driven. The number of kilometers driven during the term of the rental agreement is the number indicated by the meter installed in the vehicle by the manufacturer. If the meter is disconnected, a flat fee of one thousand (1,000) kilometers per rental day will be charged at the applicable rate. The rental periods are expressed in days of rental, i.e., one or more periods of twenty-four (24) consecutive hours, the first of which begins on the day and at the time the vehicle is delivered to the Customer. Unless expressly agreed otherwise by the Renter, any day started is due.
The compulsory supplements to the rent are, where applicable
the surcharges for rentals made from an airport or a railway station, or in the immediate vicinity
the “recent driver’s license” surcharge.
The optional rent supplements are the counterpart of the services offered by the Renter such as
The daily rental price of accessories (child seat, navigation system, roof racks, snow chains and tires, etc.),
The price of the fuel corresponding to a full tank of the rented vehicle in case of conclusion of a rental contract including this full tank (“fuel contract included”); in this case, the possible fuel remaining at the return of the vehicle does not give rise to a refund.
THE CUSTOMER AND ANY AUTHORIZED DRIVER ARE ALSO JOINTLY AND SEVERALLY LIABLE FOR THE PAYMENT OF OTHER COSTS AND DAMAGES, I.E:
Unless a fuel contract is concluded, the price of fuel if the vehicle is not returned with at least the same level of fuel as when the vehicle was delivered; in this case, the Hirer will charge the missing fuel at a price including the cost of the refueling service, which can be consulted in the agency, and a service fee of 50 €uros
Any expenses incurred by the Renter for the recovery of the vehicle in case it is left at another place than contractually agreed or the Renter has to recover it following a fault on the part of the Client or any authorized driver (keys locked inside the vehicle, lost keys, malfunction of the vehicle following an omission or negligence of the Client or any authorized driver)
All costs incurred by the Renter including the costs of immobilization due to a traffic violation, impoundment of the vehicle or apprehension of the vehicle by the Police, Gendarmerie or Customs,
The management fees related to the processing of traffic violations in the amount of 19 €uros (Article 14)
All costs incurred by the Hirer for the repair of damage caused to the vehicle that would not be covered by insurance and any optional Limitations of Liability from which the Customer benefits, including, in addition to the damage itself, the costs of immobilization, the costs of expertise, management fees and file of an amount of fifty-five euros (55 €), the costs of recovery and / or towing.
12.2 Terms of payment
The price of the rental is payable before the beginning of the rental and the additional costs will be payable on the due date of the invoice.
Any payment made after the due date indicated on the corresponding invoice will give rise, after formal notice to the Customer. If the formal notice remains without effect, late payment penalties will be applied, at the legal interest rate for the period running from the due date until the effective payment of the debt. The Customer will also be liable to pay a fixed indemnity for collection costs set at thirty euros (30 €).
In the event of termination of the rental contract, the vehicle must be returned by the Customer, at his own expense and risk, to the address indicated by the Renter. In case of non-return of the vehicle, the Hirer shall be entitled to undertake all useful measures to obtain its return.
12.3 Payment guarantees
A security deposit of two thousand five hundred euros (€2,500) is required by the Renter, according to specific conditions, communicated to the Client before the conclusion of the rental contract. The rental is confirmed when the deposit is accepted. If the credit card imprint is refused, the Hirer reserves the right to refuse the rental to the Client. The credit card imprint can be requested in advance by telephone. It will not be debited and the Hirer can demand the effective payment of the deposit at any time, at the beginning of the rental or later.
The Hirer will have to return it at the end of the rental without interest and after deduction of all additional expenses of end of rental, allowances or other sums possibly due by the Customer:
Mileage: In case of exceeding the distance included in the mileage package of your rental, you will be charged for the additional distance driven. The amount of the extra cost is calculated on the basis of the rate per extra kilometer mentioned on the vehicle sheet at the time of the reservation.
Fuel balance: If the vehicle is returned with less fuel than when you picked it up, you will be charged the difference with a surcharge and a fuel service fee of fifty euros (50 €).
Late return: a late return will incur costs for the contract holder; rentals are charged by the day, if, upon return, there are additional days compared to the initial contract, they are charged at the current price.
ARTICLE 13 – CHARGES FOR PENALTIES AND TRAFFIC VIOLATIONS
The Customer or any authorized Driver is required to pay any tolls and parking fees for which he is responsible. He is responsible for all consequences of violations of the Highway Code or other regulations that he commits during the rental period. The owner of the vehicle, i.e., the Renter, is legally obligated to pay any fine for traffic violations, unless he/she provides contact information for the Customer or any Authorized Driver responsible for such violations. Therefore, upon request of the authorities, the Renter is obliged to transmit the data concerning the identity of the Customer or any authorized driver.
The Client will be liable to the Hirer for the sum of fifty euros (50 €) per infringement processed as a management fee.
ARTICLE 14 – ELECTRONIC BILLING
Invoices issued by the Hirer are in principle sent to the Client by electronic means and in electronic form to the address indicated for this purpose by the Client. The Client agrees in this respect not to receive any more paper invoices. The Customer also agrees that the Supplier may send electronic invoices to the e-mail address indicated by the Customer in accordance with the applicable legal provisions. The Customer can refuse at any time the transmission of electronic invoices. In this case, the Customer will have to bear the extra cost of the paper transmission as well as the shipping costs.
ARTICLE 15-COMPUTERIZED PROCESSING OF PERSONAL DATA
The information and personal data relating to the Client and any authorized driver collected by the Renter are necessary for the management of the Rental Contract and for commercial relations. This information and data is also kept for security purposes in order to comply with legal and regulatory obligations. By signing the Rental Agreement, the Customer and any authorized driver agree that RICHARD & ADVENTURE may use their data.
In addition, RICHARD & ADVENTURE has installed a real-time tracking system in some of its vehicles to facilitate the management of vehicle theft and loss. By signing the rental contract, the Renter authorizes RICHARD & ADVENTURE to collect, via the on-board geolocation system, and to use for the purposes described above, data enabling the geographical location of the Vehicle to be determined. Only RICHARD & ADVENTURE’s departments will have access to this data, as well as any person with a right of access under the law. This data will be kept for the duration of the contract and, where applicable, the investigation.
15.1 – General provisions
The company responsible for processing your data is RICHARD & ADVENTURE. In accordance with the provisions of simplified standard No. 48, only employees and service providers of the company RICHARD & ADVENTURE, whose task is to operate the site or provide the service, have access to your personal data.
The data indicated as mandatory in the form allowing you to become a user of the site and the service require an exact response from you. Any failure to respond or any response deemed abnormal by RICHARD & ADVENTURE may result in RICHARD & ADVENTURE’s refusal to consider your request to register for the service.
The data collected by RICHARD & ADVENTURE as part of the services provided on the Site are processed in accordance with the provisions of the simplified standard No. 48 and the “Data Protection Act” of August 6, 2004.
15.2 – Transmission of your personal data to third parties
In accordance with the provisions of simplified standard No. 48, the company RICHARD & ADVENTURE reserves the right to transmit all or part of the personal data concerning the Members in strict compliance with simplified standard No. 48 and the law “Informatique et Libertés” of 6 August 2004.
Any use of personal data other than that indicated above shall be subject to individual, prior and explicit consent from the Members.
In accordance with the law n°78-17 of January 6, 1978, the company RICHARD & ADVENTURE will collect the agreement of the customers for any transmission of its data to commercial partners for direct marketing operations by means of a check box.
15.3 – Right of access, rectification and opposition
In accordance with the law n°78-17 of January 6, 1978, you have the right to access and rectify your personal data by contacting the webmaster of the Site, except for the personal data you gave to RICHARD & ADVENTURE when you filled in your online membership form, which you alone are responsible for modifying and updating, as stated in article 10.4 “Updating of personal data”.
In accordance with the French law n°78-17 of January 6, 1978, you have the right to object, free of charge, to the use of your personal data for canvassing purposes, in particular commercial canvassing, by RICHARD & ADVENTURE or by its commercial partners. If your right to object is exercised for this reason directly with RICHARD & ADVENTURE, the latter undertakes to pass on your objection to its contractual
In accordance with the law n°78-17 of January 6, 1978, the company RICHARD & ADVENTURE undertakes to ensure that your personal data, even those transmitted to potential business partners, will not be transmitted outside the European Union, unless it has first obtained your express consent in this regard.
In accordance with Law No. 78-17 of January 6, 1978, the company RICHARD & ADVENTURE reserves the right to transmit your personal data, either to comply with a legal obligation, or pursuant to a judicial decision, administrative, or an independent administrative authority (such as the Commission Nationale de l’Informatique et des Libertés).
15.4 – Updating of personal data
You agree to ensure, as necessary, the updating of your personal data. You also undertake to ensure that the personal data concerning you is accurate, complete and unambiguous. You may access your User Account at any time, using your password and login, which contains all the personal data you have provided to RICHARD & ADVENTURE.
15.5 – Security of personal data
In accordance with Law No. 78-17 of January 6, 1978, RICHARD & ADVENTURE undertakes to take all necessary precautions, in light of the nature of the data and the risks presented by the processing, to preserve the security of your personal data and, in particular, to prevent your personal data from being distorted, damaged, or accessed by unauthorized third parties.
15.6 – Site hosting
The host of the site “OVH” acts as a subcontractor of the company RICHARD & ADVENTURE within the meaning of Law No. 78-17 of January 6, 1978, only on the written instruction of the company RICHARD & ADVENTURE, and does not have the right to use the personal data of users to which it may have access, except for the purposes of providing technical hosting and database management services and only under the contractual conditions signed between the host and RICHARD & ADVENTURE, which may not derogate from the present article.
15.7 – Intellectual Property
The “RICHARD & ADVENTURE” mobile application is the property of RICHARD & ADVENTURE, the general structure of the RICHARD & ADVENTURE application, as well as the texts, graphics, images, sounds and videos that make it up, are the property of the publisher RICHARD & ADVENTURE or of its partners. Any representation and/or reproduction and/or exploitation of the contents and services offered by the mobile application, in whole or in part, by any means whatsoever, without the prior written authorization of RICHARD & ADVENTURE and/or its partners, is strictly prohibited and may constitute an infringement within the meaning of Articles L 335-2 et seq. of the Intellectual Property Code.
Any hypertext link directed to a page other than the home page of the Site is subject to prior written authorization from RICHARD & ADVENTURE.
The visitor to the Site undertakes not to reproduce any of the elements of the Site. Any contrary use of all or part of the Site or of any of its elements would constitute an infringement likely to result in civil and/or criminal proceedings and expose the offending visitor to the penalties mentioned above.
15.8 – Site content entered by Clients
RICHARD & ADVENTURE is not responsible for the content entered on the Site by Clients, in particular information entered by them. However, as soon as RICHARD & ADVENTURE is made aware of content that infringes the rights of third parties, RICHARD & ADVENTURE will do everything in its power to remove the offending content from the Site without delay.
15.9 – Partner Sites
By accepting these GTC, you agree that the information provided at the time of registration will be published on the sites of the company RICHARD & ADVENTURE
The company RICHARD & ADVENTURE reserves the right to reproduce any information appearing on the Site or on partner sites.
In particular, advertisements published on one of the sites published or co-published by RICHARD & ADVENTURE may be reproduced on other sites published or co-published by RICHARD & ADVENTURE or third parties.
ARTICLE 16- TERMINATION AND CANCELLATION
The Rental Agreement may be terminated unilaterally and without notice by either party in the event that the other party fails to fulfill all or part of its obligations under the Rental Agreement or these General Terms and Conditions of Rental.
In the event of termination of the Rental Agreement, the vehicle must be returned by the Customer, at the Customer’s expense and risk, to the address specified by the Rental Company by the date specified in the termination letter.
If the vehicle is not returned by this date, the Hirer shall be entitled to take all necessary measures to obtain its return. If the vehicle is not returned on the date and at the time indicated in the letter of cancellation, any limitations of liability and optional insurance policies taken out at the beginning of the rental period shall no longer apply. For the continued use of the vehicle until its return, the Customer and any authorized driver will be jointly and severally liable to the Renter for the payment of a rental fee equal to the Renter’s public rate for daily rentals as displayed in the Renter’s offices, except in the case where the failure to return the vehicle is not the fault of the Customer or the authorized driver
The Hirer reserves the right to cancel, without financial prejudice, any reservation if events of FORCE MAJEURE or fortuitous events force him to do so, such as, but not limited to: strike, fire, water damage, impossibility of access, decisions by the authorities, vehicle damaged or broken down, etc.
16.2.1 Cancellation by the Customer
Any cancellation request must be made in writing to the following address SARL ” RICHARD & ADVENTURE “, 85 avenue Pierre Laugier 83370 Saint Aygulf.
Any total or partial cancellation of the rental due to the Tenant will result in the immediate payment of the following fees as a forfeit:
More than 45 days before the pick-up of the Vehicle: 15% (fifteen percent) of the total price of the reservation;
Between 45 days and 21 days prior to pick-up: 30% (thirty percent) of the total reservation price;
Less than 21 days prior to Vehicle pick-up: 50% (fifty percent) of the total reservation price.
Less than 7 days prior to pick-up: 100% (one hundred percent) of the total reservation price.
If the Customer or the driver does not show up on the day of the pick-up of the vehicle, the total price of the reservation is payable by the Renter.
It is reminded that any day of rental not consumed by the Client due to his own fault, is never refunded when it has been subscribed. Similarly, any option subscribed to, not used during the rental by the Client, is not refunded.
16.2.2 Cancellation by the Renter
In the event that the Hirer has to cancel the reservation made by the Client, the Client will be offered the same rental on another date.
If the Client refuses, he can obtain a refund of all the sums already paid to the Hirer.
If this cancellation is due to a case of force majeure, the Client cannot claim any compensation.
Article 17. Disputes and mediation
The parties are encouraged to be creative in implementing mechanisms and procedures to resolve any disputes. Such efforts at amicable settlement shall include recourse to the decision-making body of each organization to resolve any other matter in dispute.
If an amicable settlement cannot be reached, CUSTOMER and RENTER mutually agree to mediate the issues in dispute. If mediation fails, the parties may choose any remedy available to them.
The parties agree that in case of disagreement, the mediator will be seized at the initiative of the most diligent of the parties and whose fees for the mediation will be settled in equal parts by the parties.
Article 18. Applicable Law
Any dispute relating to the validity, lapse, nullity, interpretation, performance, non-performance, extension, interruption, termination or rescission of this Agreement shall be exclusively subject to the application of French law and shall fall within the jurisdiction of the courts within the jurisdiction of the bar association having jurisdiction over the registered office of the company RICHARD & ADVENTURE
GENERAL CONDITIONS OF SALE ON THE INTERNET FOR THE RENTAL OF VEHICLES AND OTHER SERVICES
The various materials and other services offered are described according to a type of classification as detailed on the pages of the site.
They are available subject to confirmation by the company RICHARD & ADVENTURE operating under the trade name CAPVANGO; this confirmation being made by electronic mail (e-mail), to the address provided by the customer, after receipt of payment of the deposit.
If the payment is made by credit card: upon receipt of the confirmation of the transaction of the payment of the deposit;
If the payment is made by check: upon receipt of the check for the amount of the deposit.
The order of the customer proceeds according to the following stages:
Step 1: selection of the desired service in the online trading space;
Step 2: filling in the mandatory fields of the form, which is valid as an order form;
Step 3: verification by the customer of the order and any changes;
Step 4: acceptance of the general conditions and of the order;
Step 5: confirmation by the customer of his order.
The legal provisions relating to distance selling provided for in the Consumer Code stipulate that the right of withdrawal is not applicable to leisure activities that must be provided on a specific date or during a specific period (article L 221-28 12° of the Consumer Code). Thus, for any reservation made on this site, the customer does not have any right of withdrawal. Therefore, the company RICHARD & ADVENTURE will keep the entire payment. However, the company RICHARD & ADVENTURE may propose an amicable transaction.
The payment of the sums due for the reservation is made by credit card through a secure transmission system. The method of payment currently available on the site is secure and has been set up with the CIC Bank SAINT-RAPHAEL branch (83700)
Any payment by credit card triggers a systematic request for a debit authorization and any rejection, whatever the cause, implies the abandonment of said order by the company RICHARD & ADVENTURE
The photographs and graphic elements presented are for information only and are not contractual. However, the company RICHARD & ADVENTURE undertakes to provide a quality and technical material corresponding to the reserved category.
Article 6 – Prices
The prices of the rented equipment and other services offered are indicated on the website of RICHARD & ADVENTURE. The prices are indicated in Euros and include the VAT applicable on the day of the order.
The price is set by the company RICHARD & ADVENTURE hirer. The price of the equipment to be charged to the customer is the price shown on the site at the time of validation of the order by the customer.
The price of the equipment rental and/or other services mentioned corresponds to a duration, to a category; depending on the number of days of reservation, an additional day is offered.
Please note that this extra day is not offered in the case of package deals including services other than equipment rental;
The price mentioned at the time of the reservation is established for the determination of the deposit to be paid at the time of the reservation.
The price of the rental and/or other services does not include the communication costs related to the use of the RICHARD & ADVENTURE website.
The internet offer cannot be combined with any other promotion: the payment of the balance in the agency cannot be subject to an additional discount, nor can it include coupons or other discounts resulting from a partnership.
The equipment and other services booked will be available for the period selected in the company RICHARD & ADVENTURE renter whose address is indicated in the confirmation.
Any complaint concerning the rented equipment and/or any other service must be sent to the agency by registered letter with acknowledgement of receipt at the latest three working days after the end of the period reserved.
The equipment is deemed to be in good condition and suitable for normal use. The client is the sole judge of his ability to use this equipment.
The rented equipment is placed under the responsibility of the client as soon as he takes possession of it. The client must take care of the equipment and ensure its normal use for leisure purposes, excluding all competitions except for events organized by establishments approved by the company RICHARD & ADVENTURE, the rental company.
The equipment is rented for the exclusive use of the client and may not be lent or sub-rented or entrusted to a third party under any circumstances.
RESPONSIBILITY – GUARANTEE
Subject to the execution of the obligations arising from the contract, the client benefits from the following provisions, except in case of fraud:
Theft, breakage” GUARANTEE: the lessor will abandon all recourse against the client and will take charge, within the framework of normal use, of all repair or replacement costs after deduction of the deductible established according to the category of the rented equipment and communicated in the estimate. The payment of this deductible is in addition to the payment of the days of rental.
In order to activate the guarantee, the client must :
– In the event of theft: provide RICHARD & ADVENTURE, within 24 hours, with the original of the complaint for theft, issued by the gendarmerie or the police.
– in case of breakage: return the damaged equipment to RICHARD & ADVENTURE and it must be recognizable and complete.
3) The loss or disappearance of equipment is not covered. In these cases, the equipment will be invoiced to the client on the basis of the sale price of the equipment, including VAT, less a percentage of wear and tear of 10% per year.
4) In the event of theft by the client, misappropriation or damage of any kind to the equipment resulting from non-compliance with the rules of use or regulations in force, or with the terms and conditions of this contract, the company RICHARD & ADVENTURE is entitled to take recourse for the entirety of the loss.
The material or equipment must be returned in good condition.
Failure to return the equipment may result in the implementation of a return procedure against the customer, the costs of which will be borne by the latter, in addition to the price of the unreturned equipment, which will be invoiced at its market value including VAT on the date of return.
The fact that the customer activates the option “I accept the general conditions of rental and other services”, is worth the acceptance of the present general conditions as well as the order form and constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Hypertext links may lead to sites other than that of RICHARD & ADVENTURE; RICHARD & ADVENTURE may not be held responsible, in any way whatsoever, for the content of sites visited by the Internet user, in the event that these sites contravene the legal and regulatory provisions in force.
The information requested by the company RICHARD & ADVENTURE is necessary to process the order.
The customer has a right to access, modify, rectify, delete data concerning him, by writing to the company RICHARD & ADVENTURE:
By email : firstname.lastname@example.org
By mail : SARL ” RICHARD & ADVENTURE “, 85 avenue Pierre Laugier 83370 Saint Aygulf