terms of sale

DEFINITIONS

In the context of the application of the present Terms and Conditions of hire, terms beginning with a capital letter hereafter have the following definitions :

the Client: the User named on the Hire Contract and the principle driver of the vehicle.

the Hire Agent: the company MEMOSINE, as designated in the legal notices above.

GENERAL INFORMATION

FOR THE ATTENTION OF THE CLIENT:

Please read this document carefully before making your reservation, because it contains important information concerning your reservation and hire, including what documents to present upon collection of your vehicle, your legal obligations and liabilities. If you consider that you have not received all the information necessary for understanding said Terms and Conditions of hire, please contact the Hire Agent, whose contact details are provided in the legal notices.

TERMS AND CONDITIONS OF RESERVATION

Before making a reservation online or in an agency, the Client acknowledges having read the Hire Agent’s Terms and Conditions of Hire, and having requested and received any necessary and/or additional information in order to carry out their reservation with full knowledge of the facts. Reservation implies that they expressly accept the terms and conditions without restriction or reserve.

By ticking the “I agree” box during the online procedure for vehicle reservation, the Client acknowledges having taken note of the present Terms and Conditions of Hire and having accepted them without restriction or reserve.

Furthermore, the Client explicitly agrees to be under obligation of payment.

By reserving online, the Client agrees to receive a copy of the present Terms and Conditions at the email address provided to the Hire Agent.

By reserving online or in an agency, the Client agrees to have personally received a copy of the current Terms and Conditions.

Reservation

The Client can reserve online on the Hire Agent’s website, www.memosine.com, or in an agency.

Reservation enables the Client to book a vehicle to follow an itinerary as proposed by the Hire Agent, by choosing the date and time of collection of the vehicle as well as certain services or equipment if required.

Conditions regarding the driver

Subject to agreement by the Hire Agent, the Client can choose to name one or several additional drivers in the Hire Contract.

At all events, drivers of the vehicle must be aged over twenty-one (21) years and have held a driving license for more than one (1) year.

Conditions regarding the vehicle capacity

The vehicle can only seat a maximum of two (2) people.

Conditions regarding the itinerary

The Client chooses the itinerary they wish to follow with the vehicle at the time of reservation.

Each itinerary corresponds to a circuit with a limited duration and distance in kilometers, in accordance with the provisions in the Hire Pricing Chart, available in the appendix to the present terms and conditions and in agencies.

Reservation price

The reservation price is established on the basis of a fixed rate per person, and includes as a minimum :

Reservation of a vehicle for the chosen itinerary;

Provision of a multimedia tablet;

Comprehensive public liability cover (see the article titled “Insurance”);

Technical assistance for the vehicle: this assistance includes repair or towing of the vehicle and/or provision of a replacement vehicle, in the event of immobilization due to breakdown, accident or fire, or if not, partial or total refund of the hire cost in proportion to the duration of the itinerary.

Given that the reservation price is established per person, the Client promises to declare any passengers and/or additional drivers in the vehicle to the Hire Agent and to pay the corresponding reservation price for two people.

The reservation price may increase if the Client chooses to select certain optional services or equipment.

The only special offers or discounts applicable are those proposed on the day of reservation.

The Client pays the reservation price when they make their reservation in an agency or on the website.

The reservation price is given and payable in euros and includes VAT.

Upon reception by the Hire Agent of the full reservation price from the Client, the Hire Agent will send a receipt of payment and a vehicle reservation ticket to the Client.

By accepting the present Terms and conditions of hire, the Client expressly authorizes the Hire Agent to debit the Client with the reservation price.

The Hire Pricing Chart as published by the Hire Agent is available in the appendix to the present terms and conditions and in agencies.

Optional services / Equipment

Subject to availability and agreement by the Hire Agent, the Client may opt for the optional equipment and/or services listed below at the time of reservation of the vehicle or signature of the Hire contract.

Optional equipment and/or services are payable in addition to the reservation price, either at the time of reservation of the vehicle online or in an agency, or upon collection of the vehicle in an agency, in accordance with the provisions made in the Hire Pricing Chart, available in the appendix to the present terms and conditions or in an agency.

Film of the journey

Certain electric vehicles may be fitted with video cameras which film the Client’s journey. The Client can buy the film of their journey at a fixed price (delivery via internet download) as defined in the Hire Pricing Chart, available in the appendix to the present terms and conditions or in an agency.

These cameras must be left on throughout the duration of the hire period. The video recorded can be bought by the Client only and the camera’s memory is systematically cleared before each new departure. The Hire Agent can only use these images with the express agreement of the Client, who in all circumstances retains their image rights.

Delivery of the vehicle

The Client can choose for the vehicle to be delivered to an address indicated at the time of reservation, subject to payment of a fixed price as defined in the Hire Pricing Chart, available in the appendix to the present terms and conditions or in an agency.

Accepted payment methods

Means of reservation

Online
By telephone
In an agency

Accepted payment methods

Bank card (Visa, MasterCard), PayPal
Bank card (Visa, MasterCard)
Bank card (Visa, MasterCard and American Express)

In all circumstances a bank card is required for the deposit (see the article titled “Deposit”).

Whatever the payment method used, the Hire Agent reserves the right to make any necessary modifications and to refuse the hire request where there is legitimate reason.

Electronic invoicing

Upon request, the Hire Agent can send invoices to the Client electronically by email, with respect for the legal provisions.

Given than the destination email address is provided by the Client, the latter agrees to provide the Hire Agent with a valid address.

Modification of prices

The Hire Agent reserves the right to modify its prices at any moment, subject to guaranteeing the Client that it will apply the reservation price in effect at the time of reservation.

Modification of the reservation price by the Client

Subject to the availability of the Hire Agent’s vehicles and under the conditions set out below, the Client may modify their reservation online on the Hire Agent’s website up to forty-eight (48) hours before the scheduled date and time of collection of the vehicle.

The modified reservation will be subject to the prices in force on the date of the modification, which may affect the reservation price.

If the price of the modified reservation is greater than the reservation price initially paid, the difference will be charged to the Client in accordance with the Hire Agent’s prices in force and payable at the time of modification of the reservation.

If the modified reservation price is less than the reservation price initially paid, the difference will be refunded to the Client by the Hire Agent, in accordance with the prices in force, within fifteen (15) days.

However, any modifications to the reservation made less than forty-eight (48) hours before the date and time of the collection of the vehicle as given on the initial reservation ticket, will lead to cancelation of the latter in the conditions provided for in the article titled « Cancelation of the reservation by the Client” », where the Client cancels their reservation less than forty-eight (48) hours before the date and time of collection of the vehicle as given on the reservation ticket.

Modification of a reservation by the Client does not lead to any fixed administrative charges.

Cancelation of the reservation by the Client

The Client may cancel their reservation online on the Hire Agent’s website.

Depending on the time of cancelation, the Client may be charged cancelation charges, which will be calculated according to the amount of notice given by the Client, in relation to the collection of the vehicle as scheduled on the reservation ticket. The amounts of notice have to be calculated based on the starting time of the reservation.

Amount of notice

Less than 48 hours

More than 48 hours

Cancelation fees

No reimbursement for the Client – the Hire Agent retains the full reservation price as a cancelation fee.

No cancelation fee – Reimbursement of the full reservation price to the Client.

In all circumstances a bank card is required for the deposit (see the article titled “Deposit”).

Whatever the payment method used, the Hire Agent reserves the right to make any necessary modifications and to refuse the hire request where there is legitimate reason.

Electronic invoicing

Upon request, the Hire Agent can send invoices to the Client electronically by email, with respect for the legal provisions.

Given than the destination email address is provided by the Client, the latter agrees to provide the Hire Agent with a valid address.

Modification of prices

The Hire Agent reserves the right to modify its prices at any moment, subject to guaranteeing the Client that it will apply the reservation price in effect at the time of reservation.

Modification of the reservation price by the Client

Subject to the availability of the Hire Agent’s vehicles and under the conditions set out below, the Client may modify their reservation online on the Hire Agent’s website up to forty-eight (48) hours before the scheduled date and time of collection of the vehicle.

The modified reservation will be subject to the prices in force on the date of the modification, which may affect the reservation price.

If the price of the modified reservation is greater than the reservation price initially paid, the difference will be charged to the Client in accordance with the Hire Agent’s prices in force and payable at the time of modification of the reservation.

If the modified reservation price is less than the reservation price initially paid, the difference will be refunded to the Client by the Hire Agent, in accordance with the prices in force, within fifteen (15) days.

However, any modifications to the reservation made less than forty-eight (48) hours before the date and time of the collection of the vehicle as given on the initial reservation ticket, will lead to cancelation of the latter in the conditions provided for in the article titled « Cancelation of the reservation by the Client” », where the Client cancels their reservation less than forty-eight (48) hours before the date and time of collection of the vehicle as given on the reservation ticket.

Modification of a reservation by the Client does not lead to any fixed administrative charges.

Cancelation of the reservation by the Client

The Client may cancel their reservation online on the Hire Agent’s website.

Depending on the time of cancelation, the Client may be charged cancelation charges, which will be calculated according to the amount of notice given by the Client, in relation to the collection of the vehicle as scheduled on the reservation ticket.

Refusal of the reservation by the Hire Agent

The Hire Agent reserves the right to refuse any reservation for legitimate reasons, notably including the absence of available vehicles in the Hire Agent’s fleet due to reservation requests.

TERMS AND CONDITIONS OF HIRE
SIGNING OF THE HIRE CONTRACT AND COLLECTION OF THE VEHICLE

Documents to provide

To enable the conclusion of the Hire Contract and, consequently, collection of the vehicle from the Hire Agent by the Client, the latter must present the following beforehand at the Hire Agent, which reserves the right to make copies of them :

the reservation ticket,

original and valid proof of identity (national identity card or passport),

original driving license,

a bank card for the deposit,

the bank card used at the time of reservation (to avoid fraudulent use of the bank card).

All additional drivers must present the following to the Hire Agent, under the same conditions as the Client:

original and valid proof of identity (national identity card or passport),

original driving license.

The driving license must be category B or equivalent :

Valid on the day of hire,

Have been valid for more than one (1) year,

French or issued by a member State of the European Economic Area (member States of the European Union, Iceland, Liechtenstein and Norway).

Holders of licenses delivered by a State outside of the European Economic Area must present a license with a photograph, in French or accompanied by a certified translation.

A national driving license must be presented alongside international driving licenses.

Full validity and not restricted.

Declarations of loss or theft of the driving license are not accepted.

In the event of failure by the Client to present one of the documents mentioned above, the Hire Agent reserves the right to refuse to rent. No reimbursement of the reservation price can be made, as explained in the article titled “Cancelation of the reservation”.

In the event of failure to present one of the documents mentioned above by the additional driver, the latter cannot be named in the Hire Contract and therefore cannot drive the vehicle.

Deposit


The Hire Agent reserves the right to ask the Client for a deposit of eight hundred (800) Euros, to be paid by bank card, upon conclusion of the Hire Contract.

A bank card is therefore required.

The deposit is destined to cover all costs which may be charged to the Client at the end of the Hire Contract.

The deposit will be partially or entirely kept by the Hire Agent in the event of damage to or theft of the vehicle by fault of the Client. In the absence of damage or theft, the deposit will be reimbursed to the Client at the end of the Hire Contract, within a maximum period of fifteen (15) days after the end of the Hire, materialized by the return of the vehicle to the Hire Agent.

The Client expressly authorizes the Hire Agent to retain any sums owed out of the deposit.

If the amount of the deposit is greater than the total sums owed by the Client to the Hire Agent, the latter agrees to return the deposit to the Client, after deduction of all sums owed by the Client.

If the deposit does not cover the sums due to the Hire Agent, the Client agrees to pay the difference owed.

People able to drive

The name of the Client written in the Hire Contract is that of the principal driver, who must be present at the time of signature of the Contract, and who will be charged any additional charges.

The extension of the contract to include an “additional driver” is possible subject to agreement by the Hire Agent and to the required conditions.

Except for unforeseen and legitimate requirements, only the driver(s) in the contract are authorized to drive the vehicle.

At all events, only people aged over twenty-one (21) years who have held a driving license for more than one (1) year can be drivers.

Collection and condition of the vehicle

Provision of the vehicle is subject to the signature by the Hire Agent and the Client of the Hire Contract, which defines the respective responsibilities of the Hire Agent and the Client in the framework of the hire of the vehicle and the optional services/equipment.

The Hire Agent agrees to provide the Client with a vehicle in the conditions given on the reservation ticket.

The Hire Agent will provide a vehicle, with its road certification documents, keys and the multimedia tablet, clean and in good working condition save non visible defects.

The Hire Contract must state :

The number of kilometers the vehicle has driven,

The fuel level,

The visible condition of the vehicle with details of apparent damage.

Furthermore, the Client agrees to verify that the yellow jacket, warning triangle and a Constat à l’amiable d’accident (amicable accident report form) are in the vehicle at the time of collection.

The Client must check the condition of the vehicle and the indications given in the Hire Contract at the time of collection of the vehicle.

In this respect, it is the Client’s responsibility to inform the Hire Agent of all apparent defects not indicated in the Hire Contract, and of any inaccuracies in the information given in the Hire Contract and to ensure that, following their request, the necessary modifications are made to the Hire Contract.

In the event of dispute upon return of the vehicle, the Hire Contract is considered authoritative. Any elements not mentioned in the Hire Contract may be attributed to the Client.

Provision of the vehicle by the Hire Agent to the Client entails the transfer of liabilities pertaining to the vehicle, and any consequences, to the Client.

Multimedia tablets

All the vehicles are fitted with multimedia tablets, which are programmed to display multimedia content (except for audio content) only when the vehicle is completely stationary. During the journey only the circuit map or the GPS navigation system, which includes a guidance image for identification when nearing a site of interest, are shown, and only limited audio information may be emitted.

At all events, use of the tablet by the Client or additional driver must be in compliance with the provisions in the French Code de la Route (highway code), which expressly states that the use of hand-held tablets by drivers while driving is strictly forbidden. It is also forbidden for drivers to wear any device in their ears which may emit sound while driving, except for electronic hearing aids.

In the event of infringement of the French Code de la Route (highway code) and the present Terms and Conditions of Hire, the Hire Agent can under no circumstances be held liable for the use of the tablet by the Client or any additional drivers.

The cost of hire of the tablets is included in the vehicle reservation price.

These tablets are entrusted to the Client or additional driver at the start. They are responsible for them.

The deposit required for the hire of the vehicle covers the tablet. In the event of loss or breakage, a fixed sum will be charged, in accordance with the provisions in the Hire Pricing Chart available in the appendix to the present terms and conditions or in an agency, it being understood that the comprehensive public liability cover, included in the reservation price, does not cover the breakage, loss or theft of the tablet.

TERM OF THE HIRE CONTRACT

Duration of the hire period

The hire period starts and ends at the dates and times indicated in the Hire Contract.

Extension of the Hire Contract

Extension of the Hire Contract is possible subject to agreement by the Hire Agent.

In such cases the Client must go to one of the Hire Agent’s agencies in order to sign a new Hire Contract, at the price in effect.

Obligations of maintenance of the vehicle

The Client and all additional drivers named in the Hire Contract are required to take care of the vehicle in order to maintain it in good working condition throughout the term of the Hire Contract.

Obligations of maintenance of the vehicle notably include checking the condition of the tyres and the oil and water levels.

However, it is expressly forbidden for the Client, additional driver or any third party to carry out modifications or repairs to the vehicle.

Loan of the vehicle – subletting

It is strictly forbidden to sublet or loan the vehicle to any driver not named as such in the Hire Contract.

Territory

The vehicle cannot leave the national territory of France.

Restrictions concerning those riding in the vehicle

Those not allowed in the vehicles:

Children weighing less than 15 kg,

Passengers not declared at the time of reservation of the vehicle,

Animals

Driving

The Client is legally responsible for the Vehicle from the moment of collection until return, and is liable for it.

The Client agrees to look after the vehicle and to make normal and prudent use of it. They agree to respect the safety conditions established by the regulations, in particular the maximum capacity of each vehicle concerning the number of people and/or weight of luggage or items transported (“payload”).

The following are notably considered as abnormal use of the vehicle:

Use of the vehicle on motorways, ring roads, dual carriageways, high-speed roads (roads with a speed limit of more than 90 km/h) and other lanes with restricted access (cycle lanes, bus lanes etc.)

The vehicles come under the category of light quadricycles (L6e) and heavy quadricycles (L7e),

Any use of the vehicle not compliant with its purpose (incorrect fuel, damage to the clutch due to incorrect handling, misjudgment of the size of the vehicle, driving despite apparent warnings on the vehicle dashboard, modifications to the vehicle, etc.),

Driving off-road,

Use of the vehicle to provide, free or charged, a transport service for people or goods,

Transport of explosives or inflammable, corrosive or combustive materials,

Driving the vehicle under the influence of drugs or alcohol,

Subletting the vehicle to a third party,

Deliberate damage to the vehicle.

Breathalyzer

In accordance with the provisions of the French Code de la Route (highway code), the Client or additional driver must prove they have an unused breathalyzer readily available.

Security

If parked, the Client or additional driver is required:

To keep the keys to the vehicle in their possession,

To keep the vehicle’s road certification documents in their possession,

To keep the multimedia tablet and any car radio front panel in their possession and to take necessary care of them,

To lock the vehicle if it has doors,

To activate any alarm/wheel lock,

To not leave any personal belongings in the vehicle.

Accidents, breakdown, theft

In the event of accident or damage, upon its occurrence or discovery, the Client or additional driver is required to inform the Hire Agent within twenty-four (24) hours and to carry out the necessary measures with the competent authorities.

Breakdown of the vehicle:

Before any other action, the Client or additional driver must imperatively inform the Hire Agent in order to define which steps to take.

Accident:

In the event of accident or damage to the vehicle involving an identified third party, he Client or additional driver must, except in the event of force majeure, inform the Hire Agent of the occurrence of the accident or damage, legibly fill in a Constat Amiable (amicable report form) with the third party/parties concerned, describing in detail the circumstances of the accident and ensure said report form is countersigned by the third party/parties involved in the accident, taking note of the contact details of any witnesses.

In the event of accident or damage to the vehicle in the absence of an identified third party, the Client or additional driver must, except in the event of force majeure, inform the Hire Agent of the occurrence of the accident or damage and legibly fill in a Constat Amiable d’Accident (amicable accident report form).

If there are casualties at the time of the accident, the Client or additional driver must, except in the event of force majeure, immediately inform the police in order to draw up a report.

The Client agrees to provide the Hire Agent, at the latest upon return of the vehicle, with a copy of the Constat Amiable d’Accident (amicable accident report form), duly filled in and signed by the Client or the additional driver and the third party concerned.

Theft of the vehicle, its equipment or accessories:

In the event of theft, the Client or additional driver must immediately, as soon as they become aware of the fact, report the theft to the competent authorities (police) and file a complaint. They must inform the Hire Agent of the fact and present proof of submission of complaint to the nearest agency, as well as the vehicle’s road certification documents and its keys.

In the event of attempted theft, the Client or additional driver must inform the Hire Agent as soon as possible.

Comprehensive civil liability insurance

In accordance with the Hire Contract, the Client and additional driver named in the contract are covered by “comprehensive civil liability insurance”, valid exclusively for the duration of the Hire Contract,, and which is included in the reservation price.

It is a legal requirement to have civil liability cover, i.e. an insurance policy covering the compulsory liability of the driver of the vehicle with regard to third parties, it being understood that passengers in the vehicle are considered third parties, in the event of damage to their possessions, bodily harm or death caused by an accident occurring while the Client or the additional driver are driving the vehicle.

The Hire Agent has opted for a more inclusive cover than specifically required by the law, with a comprehensive civil liability insurance policy taken out with the insurance company AXA. This policy covers the financial consequences of material or bodily harm which the driver and passenger of the vehicle may cause to third parties while in the vehicle. It also covers any bodily harm suffered by the driver and passenger of the vehicle.

Coverage provided in the comprehensive civil liability insurance:

Motor vehicle civil liability,

Criminal defense and advance on recourse,

Environmental liability,,

Legal protection,

Medical assistance,

All accidental damages,

Fire, explosions, attacks, storms, hail,

Theft of the vehicle or its equipment (apart from the multimedia tablet),

Breakage of glass (apart from breakage of the glass of the rear-view mirrors),

Driver’s safety,

Natural disasters.

The Client acknowledges having taken note of the maximum sums of the aforementioned coverage in the Hire Pricing Chart, available in the appendix to the present terms and conditions or in an agency.

Damages to third parties (including the passenger of the vehicle)

Provided that the Client or additional driver named in the Hire Contract does not commit a serious offence against the laws and regulations in force (including all the applicable rules of the French Code de la Route (highway code)), the Client or additional driver named in the Hire Contract is insured against financial consequences in the event of damage caused to third parties with regard their possessions, bodily harm or death resulting from an incident or accident occurring with the vehicle during the period of validity of the Hire Contract.

However, if the Client or additional driver named in the Hire Contract does not respect the aforementioned laws and/or regulations, they may be subject to legal action from the insurer, who may require them to reimburse all or part of the costs paid in accordance with the civil liability cover policy, with regard to third parties in the event of an incident or accident that the Client or additional driver named in the Hire Contract may have caused with the vehicle during the period of validity of the Hire Contract.

Damages caused to the hire vehicle

In accordance with the comprehensive civil liability cover, the Client is insured against theft of the vehicle (except for theft by misappropriation), damages resulting from an accident, fire, explosion, natural disaster, attack, storm and hail, breakage of glass (apart from breakage of the glass of the rear-view mirrors), provided that they have respected the laws and regulation in force as regards road circulation, and the obligations included in the present Hire terms and conditions, except for the excess which remains payable by the Client, the amount of which is given in the Hire Pricing Chart, available in the Appendix to the present terms and conditions or in an agency.

The comprehensive civil liability cover limits the Client’s financial exposure with regard to the aforementioned damages caused to the Vehicle while it is in their possession, and exonerates the Client from the cost of the aforementioned damages caused to the vehicle which exceed the excess, subject to the Client respecting the laws and regulations in force as regards road circulation and the present Hire terms and conditions.

Consequently, the Client is required to pay the following charges, within the limit of the excess indicated in the Hire Pricing Chart, available in the Appendix to the present terms and conditions or in an agency:

Cost of repair or replacement,

Capital costs for the vehicle,

The Hire Agent’s administrative charges.

The excess amount indicated in the Hire Pricing Chart, available in the Appendix to the present terms and conditions or in an agency, will be charged to the Client by the Hire Agent for each item of damage, if there is no connection between them.

In the event of failure to respect the laws and regulations in force as regards road circulation and the present Hire terms and conditions, the Client will be required to pay, within the limit of the financial value of the vehicle, the cost of all damages in the event of accident or damage, or the full financial value of the vehicle in the event of theft, plus the capital costs calculated based on the highest day hire price.

Damages caused to the driver named in the hire contract

The Client or additional driver named in the hire contract does not benefit from the cover for damage caused to themselves with the vehicle in the following cases:

Failure to respect the laws and regulations in effect as regards road circulation and the present Hire terms and conditions,

Damages caused by deliberate act carried out by the Client or additional driver.

Coverage not provided in the comprehensive civil liability insurance

Breakage or theft of the multimedia tablet,

Theft of the vehicle by misappropriation,

Breakage of the glass in the rear-view mirrors,

Damages caused to personal belongings and items, goods and animals transported in the vehicle.

END OF THE HIRE CONTRAT AND RETURN OF THE VEHICLE

Return times

The Client or additional driver must return the vehicle, its keys and documents to the personnel of the Hire Agent at the date and time agreed in the Hire Contract, and at all events during the opening times of the Hire Agent’s agency.

The Client must inform the Hire Agent as soon as possible of any event preventing them from returning the vehicle at the agreed time, on penalty of constituting an actionable misappropriation.

Extension of the Hire Contract is possible under the conditions provided for in the article titled “Extension of the Hire Contract”.

At all events, the Client must pay the hire sum, charges for late return and any charges relating to damages to the vehicle until its return to the Hire Agent.

If the Client returns the vehicle outside of the opening times of the Hire Agent’s agency and/or places the keys in the letterbox of the Hire Agent’s agency, the Client remains liable and must pay the hire sum and damages attributable to him (in particular those to the vehicle) until the reopening of the agency.

The Client must take care not to leave any personal effects in the vehicle at the time of its return. The Hire Agent can under no circumstances be held responsible for belongings forgotten by the Client in the vehicle at the end of the Hire Contract.

Verification of the condition of the vehicle upon return to the Hire Agent

The vehicle must be returned in the same condition as that indicated in the Hire Contract.

The Hire Agent proposes to the Client to jointly verify the apparent condition of the vehicle with the Hire Agent staff upon return, and to compare it with that indicated in the Hire Contract.

If the Client chooses not to carry out this joint verification with the Hire Agent upon return of the vehicle, they entrust the Hire Agent with the task of carrying out the verification alone, and accept the observations thus made and the invoicing of any corresponding damages.

If, upon the return of the vehicle, its apparent condition differs from that observed at the time of collection and given in the hire contract, the Hire Agent will charge to the client:

The cost of repair or replacement,

Capital costs for the vehicle,

Administrative costs.

The cost of repair or replacement relating to any damages observed upon return of the vehicle will be assessed by an independent expert and charged in accordance with the expert’s report, or in accordance with a cost assessment carried out by an independent motor vehicle garage.

The Hire Agent agrees to send to the Client, by email or post, the assessment carried out by the independent expert or the independent motor vehicle garage as soon as it receives it.

The Client may contest the costs relating to the repair of damages observed on the vehicle, by contacting the Hire Agent by email or letter dated within fifteen (15) days after receipt of the evaluation.

Unless the Client makes a complaint within the aforementioned time period, the Hire Agent and the Client agree that the assessment of the damages carried out by the independent expert or the independent motor vehicle repair garage is definitive and binding.

The capital costs are calculated on the basis of the highest day hire price.

The Hire Agent’s administrative charges are indicated in the Hire Pricing Chart, available in the Appendix to the present terms and conditions or in an agency.

The Client expressly agrees to pay the Hire Agent any sums owed according to the amount owed, in compliance with the provisions in the article titled “Comprehensive civil liability cover” of the present terms and conditions.

In this respect, the Client agrees for the Hire Agent to deduct the amount owed from the deposit.

If the total amount of the deposit is greater than the amount owed by the Client to the Hire Agent, the latter agrees to return the deposit to the Client, after deduction of any sums owed by the Client.

If the deposit does not cover the sums owed to the Hire Agent, the Client agrees to pay the difference owed.

Fuel and electric power

The Hire Agent agrees to provide the Client with a vehicle with enough power (thermal or electric) to complete the desired journey.

Subject to respect of the distance in kilometers of the chosen itinerary, as given in the Hire Pricing Chart, available in the Appendix to the present terms and conditions or in an agency, if the amount of power turns out to be insufficient and the Client or additional driver has to supplement the power supplied for the vehicle, the Hire Agent agrees to reimburse the Client or additional driver for the power purchased, upon presentation of proof of purchase (invoice or receipt), upon return of the vehicle.

HIRE PRICE

Additional charges

The Hire Price includes the reservation price, payable upon reservation of the vehicle, as well as additional costs relating to any sums that the Client must pay in accordance with their Hire Contract.

In accordance with the Hire Contract, the client acknowledges having been informed and if necessary, in addition to the reservation fee, agrees to pay any costs corresponding to the following situations:

Repair of damages caused to the vehicle:

The insurance excess for repair of the vehicle if the cost is equal to or greater than the excess, or the sum of the repair of the vehicle if the cost is less than the insurance excess amount, or the sum of repair of the vehicle for damages not covered by the insurance policy,

Expert evaluation costs,

Capital costs,

Administrative charges.

Loss or theft of the vehicle:

The insurance excess or the full financial value of the vehicle for cases not covered by the insurance policy,

Expert evaluation costs,

Capital costs,

lAdministrative charges.

Loss or theft of the vehicle’s keys, in accordance with the terms and conditions in the Hire Pricing Chart, available in the Appendix to the present terms and conditions or in an agency.

Loss, theft, breakage of the multimedia tablet, in accordance with the terms and conditions in the Hire Pricing Chart, available in the Appendix to the present terms and conditions or in an agency.

Technical vehicle assistance in the event of immobilization due to:

Loss of the keys to the vehicle,

Locking the vehicle with the keys inside,

Flat battery, lack of fuel or fuel error for vehicles with a combustion engine,

Flat battery for electric vehicles,

Flat tires,

Any consequences of such immobilization.

The charges relating to technical vehicle assistance in the event of immobilization are indicated in the Hire Pricing Chart, available in the Appendix to the present terms and conditions or in an agency.

Additional distance travelled, if the distance travelled in kilometers observed on the meter upon return of the vehicle is equal to or exceeds 130% of the distance in kilometers specified in the Hire Contract. The charges relating to additional distance travelled are given in the Hire Pricing Chart, available in the Appendix to the present terms and conditions or in an agency.

Late return: the Hire Agent will tolerate a late return of up to 14 minutes for itineraries of less than one hour and thirty minutes (1hr30min) and of up to 29 minutes for itineraries of more than one hour and thirty minutes (1hr30min).

After the aforementioned tolerated times and unless the Client no longer has the vehicle for reasons beyond their control, the Hire Agent will charge the Client a late return fee calculated per half hour begun after the return time, in accordance with the conditions in the Hire Pricing Chart, available in the Appendix to the present terms and conditions or in an agency.

Full cleaning of the vehicle: if the vehicle needs to be fully cleaned upon return, the Hire Agent will charge the Client an additional fee, in accordance with the conditions in the Hire Pricing Chart, available in the appendix to the present terms and conditions or in an agency.

By way of additional charges, the Client agrees for the Hire Agent to deduct the sums due from the deposit.

If the total amount of the deposit is greater than the amount owed by the Client to the Hire Agent, the latter agrees to return the deposit to the Client, after deduction of any sums owed by the Client.

If the deposit does not cover the sums owed to the Hire Agent, the Client agrees to pay the difference owed.

Charges payable during driving

The Client or additional driver agrees to pay any applicable fees for tolls or car parks they use.

The Client or additional driver agrees to pay fines and charges for any violation of the French Code de la Route (highway code) or any other regulation, committed during the period of validity of the Hire Contract.

In this respect, the Client must pay, within the required time frame, any fines resulting from their driving. Failing this the Hire Agent will send the Client’s contact details to the Police court, who will send them the notice of the original or increased fine.

TERMINATION OF THE HIRE CONTRACT

If the Client or the Hire Agent fails to fulfil their contractual obligations, the other Party has the right to terminate the Hire contract.

The contract may be terminated without prior warning, sent by means of a letter with acknowledgement of receipt, or in writing on a durable medium, to the party at fault.

Termination is without prejudice to the repayment, if necessary, of any damages caused through failure to fulfil the contractual obligations.

Force majeure

The Hire Agent cannot be held liable by the Client and no compensation may be claimed in the event of delays or damaging consequences resulting from a case of force majeure, as defined by the law and case law.

In this respect, the Hire Agent cannot be held liable in the event of delay or impossibility to provide the vehicle due to a case of force majeure.

OTHER PROVISIONS

Dealing with complaints

In the event of complaint or dispute and as first resort the client can contact the Hire Agent, whose contact details are provided in the legal notices, in view of an amicable solution.

Resolving disagreements via mediation

If the attempt for an amicable solution is not successful, the Client can appeal to conventional mediation, or to any alternative means of resolving disputes in the event of disagreement.

In accordance with the legal provisions, the Client can appeal to the Médiateur du Commerce Coopératif et Associé (Cooperative and Associated Mediator for Trade), whose

address is: Fédération du Commerce Coopératif et Associé (FCA) – 77 rue de Lourmel – 75015 Paris.

website address is: http://www.mcca-mediation.fr.

The Client can submit their complaint via a form available online at the following address: http://www.mcca-mediation.fr/votre-reclamation.

The Client must be able to provide proof to the FCA mediator that they have already attempted to resolve the dispute directly with the Hire Agent.

The FCA mediator will process the request if it is admissible.

Allocation of jurisdiction

All disputes concerning the validity, interpretation, execution, termination or consequences of the present terms and conditions of hire, for which no amicable resolution has been found between the Hire Agent and the Client, will be submitted to the competent courts under the conditions of common law.

Applicable law

The present Terms and conditions for hire and their consequences between the Hire Agent and the Client are governed by and are subject to French law.

Contractual documents

The Client and the Hire Agent are bound by the following documents in order of priority:

The Hire contract and its special conditions, which the Client signs before collection of the vehicle,

The reservation ticket for the vehicle,

The Hire Pricing Chart,

The present terms and conditions of hire.

Protection of personal data

The Hire Agent possesses a file of personal data collected when the Hire contract is signed. These data are processed to allow the Hire Agent to manage the Client’s hire request and related operations (reservation, invoicing etc.) and to send commercial information to the Client. They are partially or entirely destined for the Hire Agent and its partners.

The Hire Agent has installed a system in its tablets which enables them to be located in real time in order to provide a multimedia geolocation guidance service, to facilitate vehicle assistance and management of theft and accidents occurring to the vehicles, and to enable the provision of the multi-player and multi-vehicle services. By signing the Hire contract, the Client authorizes the Hire Agent to collect, via the in-vehicle geolocation system, and to use, for the end uses described above, data enabling the geographic position of the vehicle to be determined (notably including driving speed, number of kilometers driven, duration and time spent driving, data relating to games or communication between vehicles). The Client accepts and acknowledges that the data thus collected will only be accessible to services belonging to the Hire Agent and its partners who, by way of their function, need to have knowledge of them for the purposes of data processing, as well as any person with a right to access them in virtue of the law.

In accordance with the provisions of the law, the Client has the right to refuse the saving and use of their personal data in these files. The Client has the right to access, modify and delete any information concerning them, by sending their request, with proof of identity and by registered mail to: MEMOSINE SAS – 1 allée Jean Rostand – Centre de ressources Montesquieu – 33650 MARTILLAC – FRANCE.

By signing the Hire contract, the Client authorizes the Hire Agent to use and transmit these data to its partners and subcontractors with a view to managing the client portfolio.

Conditions for the conservation and reproduction of contracts signed online

The Hire Agent agrees to conserve contracts signed online equal to or greater than one hundred and twenty (120) euros for a period of 10 years after the execution of the service.

Language

The present terms and conditions of hire are written in French and English.

In the event of dispute or difficulties pertaining to interpretation or translation, only the French version is admissible.

Modification of the Terms and conditions of hire

The Hire Agent reserves the right to modify the Terms and conditions of hire at any moment.

In the event of modification, the applicable terms and conditions of hire are those in force on the date of reservation. The Client can be provided with a dated copy of these terms and conditions upon request.

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End of the Terms of hire

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Free cancellation policy
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Insurance included

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liability insurance included

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33300 Bordeaux
+33 (0)5 35 54 59 37
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