1. GENERAL INFORMATION
1.1 These conditions are concluded between the company GSC THEAULT, with a registered capital of 200.000€ euros having its registered office at ZA DU MAUDON 50300 PONTS registered in the Trade & Company Register COUTANCES - hereafter referred to as "RENTEO", and persons wishing to access the services proposed on the RENTEO smartphone/tablet application or website (hereafter referred to as the "Application"), hereafter referred to as the "Users", and vehicle owners on behalf of whom RENTEO concludes the present agreement, hereafter referred to as the "Vehicle Owners", (with RENTEO, the Users and the Vehicle Owners being referred to hereafter as the "Party" or "Parties").
The purpose of the Application is to put Users and Vehicle Owners exclusively renting out vehicles via the www.renteo.eu website in contact with one another, with it being hereby specified that RENTEO may rent its own vehicles.
The Users may be consumers or professionals. Only Users who are natural persons acting for private purposes or for purposes which do not fall within the scope of any commercial, industrial, craft-based or freelance activity will be considered as "Consumers" in these terms and conditions.
1.2 These general terms are intended both to define the conditions pertaining to the use of the Application by the Users and the conditions governing the rental service between the Vehicle Owner, which may be RENTEO, and the User.
Use of the Application implies full and unreserved acceptance by the User of the rules described hereafter, in addition to RENTEO’s rental conditions, to the exclusion of any other documents such as prospectuses, promotional catalogues and service descriptions issued by RENTEO or the Vehicle Owners, which are provided for information purposes only.
Confirmation of the reservation of a rented vehicle constitutes full and unreserved acceptance of these terms by the User. The clauses and conditions of these general terms may not be modified by contrary stipulations or clauses without the Parties’ express written consent.
The fact that at a given moment one of the Parties chooses not to avail itself of one of these conditions may not be interpreted as a renunciation of its entitlement to avail itself of this condition subsequently. The cancellation of a clause in these general terms will not affect the validity of the general terms overall.
1.3 When the rented vehicle belongs to a Vehicle Owner other than RENTEO, RENTEO’s involvement is limited to putting Vehicle Owners and Users in touch with one another, and RENTEO may under no circumstances be considered as the service provider for the services proposed by the Vehicle Owner on the Application and may not be held responsible for the obligations incumbent upon Vehicle Owners and inherent to the vehicle rental service. Consequently, the pages presenting the vehicles available for rent expressly specify the Vehicle Owner, whether this is RENTEO or not.
However, as the Vehicle Owners have authorised RENTEO to manage the reservations booked through the Application, the User agrees to comply with these general conditions and to directly contact RENTEO for any questions concerning the fulfilment of the contract, using the contact information shown in article 13 of these conditions.
2. REGISTRATION, CONNECTION AND USE OF THE APPLICATION
2.1 To use the Application, the User must connect to the website or download the smartphone/tablet application.
The installation of the smartphone/tablet application is performed by the User by connecting his device to an app store (Apple Store for Apple-branded mobiles or Google Play for Android mobiles, for example).
The smartphone/tablet application and all the services it contains are only accessible in an optimal manner on devices running one of the following operating systems: Android versions 5.0 and above - IOS version 9.X, iPhone 7 and above and Windows phone.
2.2 To access the proposed services, the User is required to register or, if he is already registered, to connect to the Application by entering the information required for this purpose. He agrees to complete the registration form, taking due care to provide necessary, complete and exact information. The User is required to enter the following information: last name, first name, e-mail address, telephone number and password. To avoid any errors, the User has the possibility to check his e-mail address and telephone number before final confirmation of the order.
Additional information may also be entered by the User if he wishes, including in the "Contact person" field.
A copy of an identity document may be stored to provide proof when exercising rights to access, rectify or oppose information or for the fulfilment of any legal obligations, and particularly the driving licence.
In all circumstances, the User is responsible and liable for the information entered in his registration form and when making a reservation. In the event of an error, RENTEO or the Vehicle Owner may not be considered liable for any failings resulting from the processing of the reservation and/or the provision of services due to failings on the part of the User vis-a-vis this article.
The User hereby declares that he possesses the necessary capacity to conclude this contract and in particular possesses a currently valid driving licence, suitable for driving the rented vehicles, and accordingly confirms that he was aged over 21 at the time he registered.
The User agrees that he will not create or use any account other than that initially created, whether under his own identity or that of a third party.
2.3 The User is strongly recommended to accept push notifications from RENTEO as this function enables the User to derive optimal benefit from the RENTEO service.
Any possible push notifications sent by RENTEO will be limited to only the management of the reserved vehicles, excluding any commercial solicitation activities.
2.4 The information available in the Application is forwarded to the User and accessible via a mobile phone or computer to which the Application has been downloaded.
In the event of the loss or theft of his mobile phone or computer, the User must take all necessary measures vis-a-vis his operator to block his reservation.
In all cases, the User is advised to restrict access to his mobile phone and his computer by using a password, and to take out the appropriate insurance to cover the loss or theft of his device and the consequences thereof in relation to the rental services covered by these conditions.
2.5 The User may uninstall or unsubscribe from the Application at any time, and for any reason
3. SEARCHING FOR, RESERVING AND PAYING FOR VEHICLE RENTALS - DEPOSIT
3.1 The User accesses a search page on which he may select the location at which he would like to take possession of the vehicle, the characteristics of the desired vehicle (horse boxes, etc.) and the desired availability dates. The User then accesses a results page showing the Vehicle Owners proposing a vehicle meeting the stated criteria. These results are listed in decreasing order of geographical proximity.
The User has the possibility to click on each result to obtain details of the Vehicle Owners and the proposed vehicle (price, opening times of the Vehicle Owner, services proposed in addition to the rental, any possible details or requirements concerning the collection and return of the vehicles, etc.).
As the characteristics of the services are entered by the Vehicle Owner, RENTEO may not be considered liable for any possible changes or errors concerning their description, unless however the essential characteristics of the reserved vehicle rental are affected.
Before reserving the vehicle, if he wishes the User may contact the Vehicle Owner (by e-mail or by telephone if the owner has supplied his number) to request additional information concerning among other things the characteristics and availability of the vehicle or the rental conditions.
3.2 The User makes a reservation by clicking on "Reserve here".
He then accesses a summary of the vehicle he is about to rent including: the date, duration, vehicle type, etc. The reservation is invoiced at the price mentioned on the Application on the reservation date. The prices are shown in euros and are inclusive of tax, with the applicable VAT rate being that in force at the time of invoicing.
The reservations must be paid for in euros, in full and in cash, exclusively by bank card or bank transfer.
3.3 The User pays for the rental via the secure payment site of RENTEO’s financial partner.
The User must pay for the rental in full by bank card. He will receive an e-mail to confirm his online reservation.
The Vehicle Owner is informed of the reservation by e-mail and/or text message.
The receipt of the User's payment for the reservation formally and definitively establishes the remote contract concluded between the User and the Vehicle Owner via RENTEO, or between the User and RENTEO.
The User may also be debited for additional sums in the case of insurance cover.
As part of its service involving putting Vehicle Owners and users in touch with one another, RENTEO will deduct a commission for its involvement as an intermediary and as the Application manager, this being deducted from the price of the services paid by the User.
For vehicles rented directly by RENTEO, we will not bill for the service to put the Vehicle Owner and the User in touch.
Via its payment management partner MANGOPAY, RENTEO handles the management of the payments for the rentals arranged, payable by a User to a Vehicle Owner. As an example, these payments may concern the rental price, distance-related adjustments at the end of the rental period or adjustments based on the fuel level. They may also concern any penalties which may be payable by the User to another regarding the Rental Contract. The payment service may not be requested from RENTEO for the payment of fines or the enforcement of any court ruling following a dispute between the User and the Vehicle Owner.
3.4 The User accesses a reservation summary page providing him with his reservation number. The User needs the reservation number to be able to collect the vehicle from the Vehicle Owner. The User receives a reservation confirmation e-mail summarising the various characteristics of the rental he has just booked, including a link to these general conditions. The User is advised to print out the reservation summary he receives by e-mail. Only the reservation number shown on this e-mail or the reservation confirmation on his mobile Application will enable him to obtain the necessary information concerning his reservation. These documents also constitute proof of the User's reservation and of the contract binding the Parties.
3.5 After making his reservation, the User may access the history record showing his reservations underway, completed or cancelled.
To guarantee the fulfilment of his obligations, the User will pay the Vehicle Owner a sum in euros, the amount of which is mentioned on the reservation page.
This sum will not generate interest and will be returned to the User after the Vehicle has been returned, following the deduction of any possible rental charges remaining due and any repair costs generated as a result of a fault by the User when using the Vehicle and recorded in the document jointly established on the day the Vehicle is returned.
4. THE MODIFICATION OR CANCELLATION OF A RESERVED RENTAL
4.1 By the user.
The cancellation terms will be proposed by the owner-renter, with RENTEO proposing the following cancellation solutions:
Flexible cancellation conditions:
Cancellation up to 48 hours before the collection of the vehicle, reimbursement of 95% of the cost of the reservation.
Cancellation less than 48 hours before the collection of the vehicle, no reimbursement possible.
Moderate cancellation conditions:
Cancellation up to 7 days before the collection of the vehicle, reimbursement of 95% of the cost of the reservation.
Cancellation between 7 and 48 hours before the collection of the vehicle, reimbursement of 50%.
Cancellation less than 48 hours before the collection of the vehicle, no reimbursement possible.
Strict cancellation conditions:
Cancellation up to 7 days before the collection of the vehicle, reimbursement of 95% of the cost of the reservation.
Cancellation less than 7 days before the collection of the vehicle, no reimbursement possible
If the User is late or absent for the collection of the Vehicle, this situation will be governed by the provisions of articles 6.2 and 6.3 of these conditions.
4.2 By the Vehicle Owner
Pursuant to article 6.1 in fine, at the time the Vehicle is collected, the Vehicle Owner is entitled to refuse the rental on any legitimate grounds including the User's state of sobriety, or the fact that the person collecting the Vehicle is not the user, etc. In this case, the reservation is cancelled. It will give rise to no reimbursement if the cancellation is due to a failure by the User to comply with the required rental conditions drawn up by RENTEO.
5. INFORMATION CONCERNING THE ABSENCE OF THE RIGHT OF WITHDRAWAL
In application of article L. 121-21 of the Consumer Code, as a consumer, in principle the User has a right of withdrawal which may be exercised within the cooling off period of 14 clear days as from the date on which the contract is concluded.
However, in application of article L. 121-21-8 of the same code, the right of withdrawal may not be exercised for contracts concerning "1° The supply of services fully performed before the end of the withdrawal period, the performance of which began after the consumer’s prior express consent was granted in addition to the express renunciation of his right of withdrawal" and for contracts "12° Accommodation services, other than residential accommodation, services involving the transportation of goods, car rental, restaurant services or leisure activities which must be supplied on a given date or at a given period".
As the services are to be supplied for a given period and for vehicle rental services, the User has no right of withdrawal.
In all cases, as stated in article 4.1, RENTEO grants the User the possibility to cancel the reserved rental pursuant to the conditions chosen by the Vehicle Owner.
6. COLLECTING THE VEHICLES – DELAYS - RETURNING THE VEHICLES
6.1 The User is required to personally collect the Vehicle from the place stipulated by the Vehicle Owner with whom he reserved the rental.
The User is required to provide his RENTEO reservation number to the Vehicle Owner. For his part, the latter may require him to present his identity documents and driving licence.
6.2 If the User is late, in principle he may still collect the vehicle as the rental is reserved for the selected period. However, this collection is dependent on the opening hours of the Vehicle Owner. Consequently, the User may not consider the Vehicle Owner and/or RENTEO responsible or liable if he is late and finds it impossible to collect the Vehicle. A delay of 30 minutes will be tolerated.
In all circumstances, the late arrival of the User may not have the effect of prolonging the rental period for an equivalent amount of time or of reducing the agreed price.
6.3 If the User is absent at the time the Vehicle is to be collected, the rental remains reserved for the selected period. If the User does not arrive within two hours, the rental will be considered as cancelled and as this cancellation is the result of action by the User no reimbursement will be issued.
6.4 The Vehicle Owner will issue the User with:
– The keys to the Vehicle
– The civil liability insurance certificate or the provisional certificate
– An accident statement form
– A declaration for accidents, glass breakage, theft or external events
– The vehicle registration document confirming the Vehicle Owner's ownership of the Vehicle covered by the contract.
– The rental contract containing the standard condition of the vehicle accompanied by the obligatory livery.
The User is the manager and custodian of the Vehicle from the moment the keys are handed over until the end of the contract.
6.5 The condition of the vehicle is described in more detail in the vehicle inspection sheet drawn up between the Vehicle Owner and the User at the time the vehicle departs.
By signing this document, the User acknowledges that the vehicle displays no visible sign of damage or deterioration, that it is in good working condition and that it is sufficiently equipped to meet the requirements of the highway code. The User also acknowledges that he has been fully informed of the usage and maintenance conditions of the vehicle and is considered as satisfied with the vehicle.
Consequently, the User confirms that the vehicle is issued to him in good working condition accompanied by a copy of the vehicle registration document, of the insurance and the attestation confirming the conformity of the vehicle for the transportation of live animals.
The user agrees to make known all anomalies he notes with the use of the vehicle within 15 minutes following departure and subsequently as soon as possible. Failing this, the vehicle will be considered as having been issued in satisfactory mechanical condition.
6.6 The User agrees to return the vehicle in the same condition as that recorded at the time of departure. To this end, the User completes the vehicle inspection sheet at the time of departure and when returning the Vehicle in the presence of the Vehicle Owner.
In the event of any disagreement, if necessary the User will be required to bear the cost of any repairs, which the Vehicle Owner may deduct wholly or partially from the deposit, according to the costs incurred.
The vehicle will be jointly inspected at the time of return to ascertain its condition.
6.7 If the vehicle is returned late by the User, when this delay hinders the collection of the vehicle by the following user, the Owner-renter will invoice the User for a day's rental to compensate for lost earnings, in accordance with the financial terms set by the Owner. On this point, a tolerance period of 30 minutes will be granted to the User.
If no rental is scheduled afterwards, any lateness exceeding one hour will result in the invoicing of a day's rental, in accordance with the prices set by the Owner-renter
7. VEHICLE USAGE CONDITIONS – ACCIDENTS – THEFT – CLEANING - INSURANCE
7.1 The rental is granted on a personal and non-transferable basis. The User agrees not to allow any person other than himself or those persons stated on his contract to drive the vehicle. A copy of the current, valid driving licence will be requested for each driver.
The User agrees to drive the vehicle responsibly and carefully, and to comply with the rules of the highway code. In the event of a fine for a traffic offence, an administration charge of €50 will be invoiced. The User agrees to immediately pay any fines, any legal costs and other costs incurred due to the use of the vehicle, ensuring that the Vehicle Owner is not pursued concerning such matters and is not required to get involved.
The User agrees to keep the vehicle locked and closed when not in use, keeping the keys on him. These should never be left in the vehicle.
The User agrees that the vehicle will not be used by a person under the influence of alcohol or drugs. The User agrees that he will never sell, mortgage or pledge the vehicle or treat it in any manner prejudicial to the RENTER's interests.
7.2 The User must pay the cost of the fuel. The User agrees to fill the fuel tank as required before returning the vehicle. Failing this, a complete refill for the vehicle will be invoiced to him by the owner, for a cost of approximately €120.
7.3 If the vehicle is immobilised for any reason, the Vehicle Owner will provide the User with a replacement vehicle, in as far as one is available, capable of performing the service. If the Vehicle Owner is unable to provide a replacement vehicle, he agrees to not to invoice for the period of immobilisation, if the latter occurs through no fault of the User.
In the event of a breakdown, the User agrees to inform the Vehicle Owner of this and may only perform repairs after the latter has agreed to this. Any attempted repairs are therefore prohibited.
In the case of an accident, the User must immediately inform the Vehicle Owner of this. Additionally, the accident statement form must be supplied to the Vehicle Owner as soon as possible and in all circumstances before the end of the rental contract.
The User will perform the necessary formalities judiciously and will complete the accident statement form ensuring that this is legible, usable, and signed by both parties. In the case of an accident which does not involve a third party, the User alone will complete the statement.
Failing this, the User may be required to compensate the Vehicle Owner for the losses suffered.
7.4 If the vehicle is stolen, the User must comply with the following measures:
• Immediately declare (unless force majeure circumstances apply) the theft or attempted theft to the police the moment he becomes aware of this, as well as to the Vehicle Owner.
• Return the vehicle's keys and papers to the Vehicle Owner, along with the copy of the rental contract and the receipt for the theft report. This formality must be completed within 24 hours following the theft report (unless force majeure circumstances apply).
The rental will end on the date the above-mentioned documents and items are returned to the Vehicle Owner.
7.5 The HIRER agrees to return the vehicle cleaned inside and out. If cleaning is found to be necessary, a fixed charge of €200 inclusive of VAT will be invoiced.
7.6 The Vehicle Owner himself will insure the Vehicle, with RENTEO simply verifying that this obligation has been met. The level of the excesses/deductibles and the conditions will be defined by the Owner himself.
You are usually not insured in the following cases:
- Inability to return the original vehicle keys after having reported the theft.
- Damage to the vehicle resulting from burns, interior damage or deterioration and on the upper and lower parts of the vehicle in addition to damage to the tyres, wheel hubs and wheels/wheel rims.
- Driving when drunk or under the influence of drugs and medicines.
- The provision of false information concerning your identity or the validity of your driving licence.
- Loss or damage of any form affecting personal belongings, items or animals in the vehicle.
In all circumstances, pursuant to article 8.1 of these conditions, the account of a User who fails to comply with the conditions required for the rental by RENTEO and/or the usage conditions of the Application may be deleted by RENTEO.
8. OBLIGATIONS AND RESPONSIBILITIES
8.1 The User’s obligations
The Application is used entirely under the User’s responsibility and liability. In these conditions, the User is required to use the Application in accordance with its intended purpose, complying with the recommendations issued by RENTEO shown among others in these conditions. In the event of any failings by the User vis-a-vis one of the obligations arising from these conditions, RENTEO reserves the right to delete the account of the User concerned at any time, without prejudice to any claim for damages which RENTEO may possibly pursue.
The User is responsible for the IT security aspects of his equipment in addition to, among others, any possible loss of data and security flaws resulting from a virus or from computer piracy.
8.2 RENTEO’s obligations
As RENTEO operates as an intermediary between the Vehicle Owner and the User, it will bear no responsibility or liability for the performance of the rental concluded between the User and Vehicle Owner via the Application. In this respect, RENTEO may not be considered liable for the deterioration, loss or theft of the Vehicle and of any personal items carried in the vehicle.
RENTEO may not be considered liable if any non-performance, damage or losses result from the inappropriate use of the Application by the User or a fault by the latter or a third party, or a force majeure event as defined in article 9 of this agreement.
Similarly, RENTEO may not be considered liable for any temporary or permanent loss or damage caused to the User’s mobile terminal or for any possible loss or damage suffered among other things while accessing or surfing on the Application. The transmission of data via the Internet may lead to the appearance of errors and/or may mean that the Application is not always available. Consequently, RENTEO may not be considered liable or responsible for the availability and interruption of the online service.
The Parties are reminded that in all cases the User is advised to restrict access to his mobile by means of a password, and to take out any appropriate insurance to cover the loss or theft of his device.
8.3 When the Vehicle Owners or RENTEO are found to be liable following a fault they have committed, the reparation will apply only to the direct, personal and certain losses suffered by the User.
In all circumstances, the Vehicle Owners and RENTEO decline all liability in the following cases in particular:
- Malicious acts by the User or third parties.
- Losses or damage resulting from a failure by the User to abide by the rules and recommendations from RENTEO and the Vehicle Owners, including those concerning the conditions required by RENTEO for the rental to proceed in addition to these general conditions;
The User agrees to declare any content which may be transported, to RENTEO and/or the Vehicle Owner, and must state the value of live animals carried if these exceed the sum of € (…).
9. FORCE MAJEURE
In the event that a force majeure event occurs - concerning among other things fires, floods, total or partial strikes, company closures, travel restrictions, vandalism, theft, changes in regulations, the inability to receive raw material supplies, interruptions to energy supplies, the poor operation of or interruptions to electrical or telecommunications networks hindering the Vehicle Owners and/or RENTEO in the performance of their obligations, the contract will be immediately suspended for the duration of the event and the parties may not be considered liable for a failure to perform (or a delay in the performance of) their obligations.
10. INTELLECTUAL PROPERTY RIGHTS
All of the Application’s content in addition to any advertising documentation (illustrations, text, captions and wording, brands, trademarks, images and videos) are the property of RENTEO or used by RENTEO with the authorisation of the rights holders in question. Any total or partial reproduction of the Application, or the creation of hypertext links, is forbidden unless expressly authorised beforehand by RENTEO.
11. GEOLOCATION – PERSONAL DATA
The User is informed by the Vehicle Owner, when this is RENTEO, that for security and service provision reasons the vehicle may be equipped with a geolocation system.
11.2 Personal data
RENTEO collects and processes personal data from the Users when taking and processing rental reservations placed via the Application, during dealings with the Users and for the preservation of its own business interests, including for the preservation of proof. In as far as this is necessary to the fulfilment of the Vehicle Owner’s and/or RENTEO's obligations, RENTEO will send the User's personal data to the Vehicle Owner with whom a reservation has been made.
It is however hereby specified that the Vehicle Owner will not use the personal data of the Users forwarded to him for any reasons other than those related to the performance of the rental service, unless the User’s express agreement has been obtained.
The User has a right to access, modify, rectify and delete the data concerning him, pursuant to the French data protection act (the "Informatique et Libertés" law no. N8-17 of January 6 1978). To exercise this right, he should contact RENTEO using the contact details shown in article 13 of these conditions. In all cases, the User may oppose the use of his personal data. As mentioned, the use of the User's personal data for other purposes will only be possible when he has agreed to this. The files concerned by the processing mentioned are registered with the CNIL (French data protection authority).
12. AGREEMENT IN RELATION TO PROOF
The User acknowledges the probative value of the data backups produced by RENTEO, including the push notifications and/or e-mails addressed to him.
13. APPLICABLE LAW – CONTRACTUAL LANGUAGE – JURISDICTION
The Parties hereby agree that these conditions and their consequences are subject to French law. The language of this agreement and of the relationship between the Parties is French.
The User-consumer is hereby informed that should a dispute arise he has the possibility to use the consumer ombudsman procedure (procédure de médiation conventionnelle) or any alternative dispute resolution method. Should no amicable solution be found within a period of 15 days, the Parties are once again at liberty to refer the matter to the court with jurisdiction for the issue.
For any questions or complaints concerning the Application, the services, reservations, etc., the User may contact RENTEO via the following contact details:
GSC VANS THEAULT
ZA DU MAUDON