General conditions of reservation and rental

ÔSEN WAY - Arnaud GANZIN - Y7524392W - 01/01/2020

ART 1 : PURPOSE OF RENT

The company Ôsen Way - Arnaud Ganzin, hereinafter referred to as the "Lessor" makes available to the customer (hereinafter the "Renter"), for a fixed period, on a personal and non-transferable basis, the vehicle specified in the Contract rental hereinafter referred to as "Contract". The Contract is sent by e-mail to the designated Tenant and must be signed electronically to obtain the provision of the vehicle. The Tenant agrees to comply with the General Booking and Rental Conditions as well as the specific provisions of the "Contract" by signing these 3 documents.

ART 2 : BOOKING

The Tenant expresses his need directly to the representatives of the Lessor, by Internet or by telephone. The Tenant agrees to provide correct e-mail details so that all the contractual documents linked to his reservation are sent to him.
Upon receipt of the Tenant's request, the Lessor successively sends the Tenant a pre-booking e-mail summarizing the Tenant's need and then, within a maximum of 8 working hours, an e-mail of acceptance or refusal depending on the availability of the requested vehicle.
The contract between the parties is considered perfect only when the Lessor has made known his written and final agreement at the request of the Tenant and the latter has made full payment of the rental amount. No compensation will be due to the Tenant for any request left unanswered or not confirmed in writing by the Lessor. Reservations are only considered final after payment of a deposit of 30% of the rental amount (insurance and accessories included) and the sending of the required documents.
The balance must be paid 40 days before the scheduled departure unless otherwise agreed in writing by Ôsen Way - Arnaud Ganzin. After this deadline, the Lessor reserves the right to cancel the reservation without further notice for the benefit of the customers on the waiting list.
In the event of a reservation made less than 40 days before departure, the entire amount is due upon reservation.

ART 3 : RENTAL CONDITIONS

The lessor may refuse the rental, without compensation, if the Tenant does not fulfill the following obligations upon departure :

  • Electronic signature of the Rental Agreement and the General Rental and Booking Conditions.
  • Presentation of an identity document or a KBIS of less than 3 months for companies.
  • The Tenant must be physically present on the day of departure and present the bank card in his name used to pay the security deposit.
  • All drivers registered in the rental contract must present the original of their valid driving license or an international license for foreign nationals. Certificates of loss or theft as well as untranslated foreign driving licenses are not accepted.
  • All drivers must be over 21 years old and hold a valid driving license B for more than 3 years.

ART 4 : LOCATION DURATION

The rental is granted for a specified period indicated in the Contract. The lessor, at the request of the Tenant, may grant an extension of the rental which will be invoiced according to the rates in force. The Lessor reserves the right to refuse the extension without compensation for the Renter and with the latter's obligation to return the vehicle on the date initially provided for in the Contract. Without return on the agreed date, the Tenant is liable to legal proceedings for vehicle hijacking and breach of trust. Any exceeding of the date or time of return entails the invoicing of a late payment penalty, the amount of which is indicated on the Contract. Any started day is due and, if the rental has been accompanied by optional insurance, these will be tacitly renewed and billed for the duration of the extension. If the consequences of the delay in returning the vehicle exceed 2 hours and lead to the cancellation of a rental to be followed by another tenant, all or part of the financial loss will be invoiced on the rental amount. If the Tenant does not comply with all the obligations of the Contract and the General Rental Conditions, the Lessor reserves the right to terminate the Contract at any time and automatically, without being liable for compensation. The Tenant, in the event of return before the scheduled end date of the Contract, cannot claim any reimbursement.

ART 5 : PRICES AND RULES

The rental price is that indicated in the Contract. Any modification of the Contract may lead to a change in tariff. In addition, prepaid kilometers will not be reimbursed. The final price, calculated at the end of the rental, will take into account the provisional payment made. Payment of the remaining amounts due by the Tenant must be made without delay. The payment conditions are set by the Lessor. If the Tenant does not comply with the agreed payment deadlines, a flat-rate compensation of € 40 will be invoiced to him (under article L 441-6 of the French Commercial Code) in addition to the payment penalties.

ART 6 : TERMS OF CANCELLATION BY THE TENANT OR NON PRESENTATION OF THE DEPARTURE TENANT

For any reservation made on the booking platform, the Tenant has a 24-hour withdrawal period in order to read the General Booking and Rental Conditions sent by email with confirmation of his reservation. After this period and in the absence of cancellation, the Lessor considers that the Tenant irrevocably accepts the General Conditions of Booking and Rental.

The tenant may cancel his rental until the day of departure in the manner described below :

  • For any cancellation notified to the rental company up to 40 days before the start of the rental, an administration fee of 30 € will be payable.
  • Cancellation notified to the rental company between the 39th and 15th days before the start of the rental: penalty due by the customer equal to 50% of the total rental price (options and accessories included).
  • Cancellation notified to the lessor less than 15 days before the start of the rental: penalty due by the customer equal to 80% of the total rental cost (options and accessories included).
  • Cancellation notified to the lessor on the day of rental start o refusal to collect the vehicle: no refund.

Any cancellation resulting from the causes below must be the subject of a written declaration within 5 days of the event, accompanied by the supporting documents (work stoppage, orders, ...):

  • Serious illness requiring immobilization
  • Accident preventing travel
  • Appointment as juror

The origin of these events must not be earlier than the reservation date. After proof, the lessor undertakes to return the amount of the rental. Any cancellation of reservation must be imperatively notified by e-mail to the Lessor by connecting to the page www.osenway.com/contact/

ART 7 : TERMS OF MODIFICATION OR CANCELLATION OF THE CONTRACT BY THE LESSOR

In the event of force majeure or unavailability, the Lessor may have to modify or cancel the reservation.

  • Change of departure location, return location or vehicle category: 10% discount on the rental amount.
  • Modification of the requested hours of more than 2 hours: 10% discount on the rental amount.

In the event of cancellation of the rental by the lessor, the Tenant will be reimbursed, within 30 days, up to 100% of the amount paid on booking if the cancellation occurs more than 15 days before departure and, up to 110% if the cancellation occurs less than 15 days before departure.

ART 8 : PROVISION AND RETURN OF THE VEHICLE

The state of the vehicle is fixed contradictorily by the parties on departure and return. Any reservation on the condition of the vehicle or the presence of accessories must be made in writing on the "Vehicle Inventory Sheet" at the time of departure.
As soon as the vehicle is made available, the Tenant becomes responsible for it under the terms set out in article 1384 of the Civil Code. The vehicle must be returned with the same level of fuel as that found at the time of departure. The missing fuel will be billed at the rate specified in the Contract. No refunds for excess fuel will be given. In the event of delay, penalties may be requested in the manner provided for in the clauses of article 4 of the General Booking Conditions and location. Only the signature of the "State of the premises of the Vehicle ”by the representative of the Lessor terminates the Contract. Without this signature, the Tenant remains responsible for the vehicle and for damage, theft, attempted theft and possible vandalism. If the keys, papers of the vehicle as well as the accessories supplied, are not returned at the end of the rental, it continues to run until the production by the Tenant of an official certificate of loss. Replacement of keys and accessories will then be invoiced to the Tenant.

ART 9 : CONDITIONS OF USE OF THE VEHICLE

In accordance with article 1384 of the Civil Code, the Tenant agrees to use the vehicle reasonably, to allow only authorized drivers whose names appear on the Contract to drive, to drive only on lanes suitable for vehicle traffic , not to participate in any race, rally, test, preparation, or any competition of any kind whatsoever, not to use it for illicit or immoral purposes or not provided for by the manufacturer, not to use it for push, pull or tow another vehicle, not to drive under the influence of an alcoholic state or under the effect of absorbed elements which modify the reflexes essential to driving, not to carry out transport of people or goods for a fee, not to use it for driving lessons, to use it in accordance with the Highway Code, customs regulations and generally with legal provisions and regulatory, to only transport goods in accordance with the use for which the vehicle is intended, not to load materials liable to damage the vehicle (such as flammable materials, explosives, radioactive products, etc.).
The Lessee and the designated drivers are responsible for the minutes drawn up against them. They agree to reimburse the amount of the reports to the Lessor in the event that he makes the advance. If the Lessor receives a report or a request for information by the Public Prosecutor, the designated driver will be terminated and administrative fees will be charged to the Tenant. Similarly, smoking is strictly prohibited in the vehicle, animals are prohibited in the vehicle, and it must be returned clean inside and out. Failure to comply with these prohibitions will result in the invoicing of a lump sum penalty as specified in the Contract per violation found.

ART 10 : SECURITY DEPOSIT

Before the start of the rental, the Tenant, either with a bank card in his name and surname and accepted by the Lessor, or in cash must pay a security deposit, the amount of which is indicated in the Contract. If the security deposit transaction is refused by the Tenant's bank, the reservation is considered canceled and the terms of article 6 will apply. The Lessor reserves the right to collect all or part of this sum in the following cases: accident, damage, theft, fire, loss of vehicle, non-return of one or more accessories, additional kilometers, fuel, additional day and services additional fees not paid before departure. The Tenant authorizes the Lessor in advance to deduct the sums due as additional costs on the bank payment or cash deposit to settle these costs.

ART 11 : FINANCIAL RESPONSIBILITY - DEDUCTIBLE - COSTS

In the event of a claim, the Tenant remains financially liable for damage up to the amounts (Deductibles) indicated in the Contract. The Lessee may reduce his financial responsibility in the event of damage, theft or fire by taking out, prior to taking possession of the vehicle, the optional insurance offered by the Lessor (all-risk insurance with or without reduction of excess). In the event of a plurality of responsible claims or claims without an identified third party, the tenant's financial responsibility will be calculated as follows: number of observed shocks multiplied by the amount of the Maximum Deductible indicated in the Contract. In the event of an accident wrongly, a lump sum indemnity corresponding to the amount of the Maximum Deductible indicated in the Contract will be invoiced even if the hired vehicle does not show any deterioration.
The amount invoiced to the Lessee by the Lessor will be systematically increased by the costs of immobilizing the vehicle in the amount of € 225 and the administrative costs in the amount of € 125 as indicated in the specific conditions of the Rental Agreement. The Lessor is released from all responsibility in the event of theft or damage to the personal effects carried.

ART 12 : VEHICLE DAMAGE RATES

In accordance with article 11, in the event of a claim, the Tenant remains financially liable for damage up to the amounts (Deductibles) indicated in the Contract. The lump sum amounts below will be invoiced in the event of minor damage without dent removal. Any other damage will be subject to a quote request from an approved professional. The prices are expressed in VAT and do not include the immobilization costs and the administrative costs notified on the Rental Agreement. Front / rear bumper 300 € | Front / rear doors 500 € | Front / rear wing 250 € | Hood 400 € | Replacement of an aluminum rim 500 € | Rear view mirror 350 € | Anti-cyclist bar 375 € | Windshield repair € 100: In the event of an impact less than a part of € 2, outside the field of vision. In all other cases, the change of the windshield will be necessary and will be subject to an estimate. | Tire repair following a puncture 50 €: only if the puncture is on the tire tread and repair is technically possible. In all other cases, replacement of the tire will be necessary and will be subject to an estimate. | Repair of the sticking of the vehicle € 200 per damaged element: If all the sticking must be replaced, the repair costs will be equivalent to the actual costs of replacing the sticking.

ART 13 : OBLIGATIONS OF THE TENANT

During its rental, the Tenant agrees if necessary to refill the vehicle with oil, coolant or ADBlue in order to preserve the integrity of the engine. On presentation of an invoice, these ingredients will be reimbursed to the Tenant by the Lessor. Repairs, exchanges of parts or supplies resulting from abnormal wear, neglect or an accidental cause are the responsibility of the Tenant. He will immediately notify the Lessor of any noted anomaly or loss, after taking care to park the vehicle in a secure location, in order to define by mutual agreement the conditions for continuing the rental or immobilizing the vehicle for delivery in state. In case of immobilization of the vehicle, the rental continues under the normal conditions of the Contract and the obligations of the Tenant are maintained.

ART 14 : IMMOBILIZATION, FAILURE, ASSISTANCE

In the event of a vehicle breakdown or accident occurring during the rental, the Lessor will bear the costs of towing or breakdown assistance. All other costs (accommodation, repatriation, rental of replacement vehicle, taxi) are the responsibility of the Tenant. The Tenant may only request assistance once during the term of the Contract. In case of refusal of the solutions offered by the Assistance, for whatever reason, the Tenant cannot claim any reimbursement of his costs, either from the Assistance or from the Lessor.

ART 15 : MANDATORY INSURANCE

The Lessor has taken out Automobile Civil Liability insurance (RCA) guaranteeing bodily injury and material damage caused to third parties, in accordance with the legal provisions in force. The guarantee is granted without limitation of sum for bodily injury, up to € 100 000 000 maximum per claim for material and immaterial damage resulting from accident, up to € 977 933 maximum per claim for material and immaterial damage resulting from fire, explosion, or pollution, not consecutive to an accident.

ART 16 : ALL RISK AND ALL RISK INSURANCE

The insurance guarantees, taken out by the Tenant prior to taking possession of the vehicle, apply for rental periods of less than 30 days and cover events after the effective date of the guarantees.
The following are covered in the event of an accident : damage resulting from an impact between the insured vehicle and a foreign body, payment of the vehicle, its immersion following one of the above-mentioned events, acts of vandalism, accidental opening of the hood or door, forces of nature (storm, typhoon, hurricane, tornado, hail, snow, tidal wave, flood, avalanche, rock fall, landslide, earthquake or volcanic eruption).
The following are covered in the event of a collision : Any damage resulting from the collision of the insured vehicle with an identified pedestrian, a vehicle or an animal belonging to an identified person, a wild animal on production of a municipal certificate confirming the handing over of the animal; The collision must occur outside the premises of which the insured is the owner, tenant or occupant. The insurance also covers damage caused by the forces of nature (storm, typhoon, hurricane, tornado, hail, snow, tidal wave, flood, avalanche, rock fall, landslide, earthquake or volcanic eruption).
The contractual limit for compensation in the event of an accident or collision is set at € 45,000. Guarantees are exercised for damage, theft and fire occurring in mainland France, the principality of Monaco and the member countries of the green card.

ART 17 : EXCLUSIONS TO ALL RISK INSURANCE COVERAGE

The following are never covered : damage and loss due to the direct or indirect effects of radioactivity or radiation by artificial acceleration of particles, fines, confiscation, sequestration, requisition, seizure, contraband, prohibited trade or illicit, the proper defect of goods, curtailment of the road, worms and vermin, sanitary or disinfection measures, quarantine, fraudulent or intentional fault of the insured.
The following are never covered : damage and losses due to wetness by rain, snow or hail when they affect goods transported on an uncovered vehicle without a waterproof tarpaulin of appropriate size. Damage and loss suffered by dangerous goods when the various operations relating to their transport are not carried out in accordance with the laws and regulations in force. Damage and loss caused by these same goods to other goods transported. Damage caused when the driver does not hold a valid driving license, damage caused by foreign, civil war, riots or popular movements, strikes or lockouts.

ART 18 : FORFEITURE OF INSURANCE GUARANTEES

The Renter will forfeit the guarantees of the Insurance subscribed and will be liable for the total amount of repairs or the market value to be said of the expert or the maximum replacement value of the vehicle in the following cases: any damage or mechanical damage occurring as a result one of the following cases: driving without the required age or without valid certificates (driving license), false identity and false information contained in the Contract or the joint report, damage caused voluntarily or as a result of inexcusable fault, or as a result of gross negligence, any mechanical damage or damage resulting from the transport of a number of passengers greater than that authorized on the registration card, any mechanical damage or damage resulting from the transport of a higher load to that authorized on the registration card, all damage caused to tires, rims and hubcaps except to prove that they are not due to fault or negligence, damage to the interior of the vehicle, except to prove that they are not the result of his fault or negligence, error in the type of fuel, any damage or mechanical damage occurring after return date provided for in the Contract, unless written authorization to extend the Lessor (Attention: in the event of damage during the extension of the Contract, the insurances cannot be applied, except with the written authorization of the Lessor), theft by an agent of the Tenant, or an authorized driver, inability to return the original keys to the Lessor after noticing the theft of the latter, incident caused by a civil war or a foreign war, incident arising from riots, popular movements or acts of terrorism and sabotage committed within the framework of concerted actions, fault relating to a serious violation of the Highway Code or an offense relating to the driving, parking or general use of the vehicle, suicide attempt. In the event of a natural disaster as defined by law, only the amount defined by ministerial decree will be invoiced to it.

ART 19 : DECLARATION OF CLAIMS

In the event of damage, theft or fire of the vehicle, the Renter must give the Lessor, within 48 hours of the occurrence of the incident (in accordance with the provisions of article L 113.2 of the Insurance Code), a detailed declaration or a amicable report completed legibly and signed by both parties. In addition, in the event of theft or attempted theft, a complaint to the competent territorial authorities must be established within 24 hours by the Tenant and he must also inform the lessor by telephone or by email, within 12 hours . Failure to comply with these formalities results in the Lessee losing the benefit of the guarantees. If the tenant uses inaccurate documents as proof, uses fraudulent means or makes inaccurate or incomplete statements, the insurance guarantees will not be acquired. The Tenant will be required to reimburse the insurer for amounts unduly paid by the latter. The insurer and the Lessor reserve the right to take legal action before criminal courts.

ART 20 : INTERPRETATION

If one of the provisions of these General Booking and Rental Conditions is recognized as void, illegal or unenforceable under applicable law, this provision will be deemed not to be part of these General Booking and Rental Conditions. However, the rest of the provisions of these General Conditions of Booking and Rental will remain applicable and in full effect.

ART 21 : JURISDICTION - APPLICABLE LAW

In the event of disputes, you have the possibility of entering either one of the competent jurisdictions under the Code of Civil Procedure, or the jurisdiction of your domicile at the time of the conclusion of the contract or the place of occurrence of the harmful event. In the event of a “consumer dispute” as defined by ordinance 2015-1033 of August 20, 2015, you have the right to appeal to the CNPA mediator (article L616-1 of the consumer code) at contact@mediateurcnpa.fr for its resolution.

ART 22 : COMPUTING AND FREEDOM

The nominative information concerning the physical persons, collected for the needs of the Contract, will be the subject of communication to the National Commission of the Computing and Liberties and, will be used only for the only needs of administrative management or commercial actions or to meet legal or regulatory obligations. They may give rise to the exercise of the right of access and rectification to the conditions provided for by law 78-17 relating to data processing, files and freedoms, of January 6, 1978. To exercise this right, write to the following address: ÔSEN WAY - Arnaud Ganzin - Calle Gran Via Puig de Galatzó, 20 - Local 28 - 07180 SANTA PONSA (ISLAS BALEARES - ESPAÑA).