Article 1. Définitions
"Renter" means the Party who owns, is the Owner or custodian of the Rented Property.
"Tenant" means the party who takes the Property into tenancy under this Agreement.
"Property" means an object given in lease (including accessories).
Article 2. Condition of the Property
By taking the Property, the Hirer becomes solely responsible for it. The Hirer acknowledges that he/she has received the Property in perfect working order and cleanliness, and that the levels and pressure of the tyres are correct. Both tyres are in good condition, with no cuts.
If the guarantees given are subsequently found to be inaccurate, the Hirer shall be deprived of the right to invoke the clauses relating to damage caused by the Hirer to the Rented Property, unless the damage in question is not directly linked to the inaccuracies in the Hirer's statements.
Normal mechanical wear and tear is the responsibility of the Hirer. In the event that the Property is immobilised during the rental period, repairs may only be carried out after written agreement and according to the Hirer's instructions, they must be the subject of a detailed receipted invoice, the defective parts replaced must be presented with the receipted invoice. In case of breakdown due to misuse of the vehicle, only the Hirer is responsible, the repairs will be at his expense.
The telephone number of the helpdesk is: 0 800 75 75 75
The Tenant collects the Property with a full tank of petrol.
The Hirer is expressly requested not to improvise as a mechanic, not to carry out any modifications or transformations on the vehicle.
Article 3. Use of the vehicle
The Tenant undertakes to:
- to collect the Property from the agency and return it to the same location
- not to use the Property for any illegal purpose or contrary to public order and to be respectful of the law and the Property
- not to compete, test or learn with the Property.
- not to be overloaded on the property (in terms of weight and volume) and not to add their own luggage
- not to lend the Property to another person not listed on the contract
- to keep the Property protected by an anti-theft device and/or any other means at his disposal to prevent its theft, to return the keys
- never to transfer this Agreement, nor to sell, mortgage or pledge the Property, its equipment or tools, nor to deal with them in such a way as to prejudice the Hirer
- not to use unpassable roads such as beaches, impassable roads, forestry roads etc. or which are not authorised and paved roads.
- not to be transported on any type of boat, ship, train, truck, trailer or aircraft
Any breach of any of these undertakings shall entitle the Landlord to give notice to the Tenant to return the Property without delay and without reimbursement of any kind and shall expose the Tenant to pay the costs incurred. The Tenant shall be responsible for all costs incurred by the Landlord in rekeying and repossessing the Property, for any contraventions that may have occurred and for restoring the Property.
Article 4. Duration of the contract
The rental period is 24 hours. The Tenant benefits from a half-hour's grace period at the end of the rental period, beyond which a new day will be invoiced. The Hirer undertakes to return the Property and its equipment on the date and time stipulated at the time of taking possession of the Property, failing which, except in cases of force majeure, he/she shall be liable to civil or criminal legal proceedings.
Opening hours of the agency during the summer period: 8am-7.30pm 7 days a week.
The Tenant who would like to keep the Property for a period longer than that agreed at the outset, must obtain the prior agreement of the Landlord and immediately send the balance of the rental, if any, and the advance payment corresponding to the new agreed duration.
Article 5. Rental prices
As rent, the Hirer shall pay to the Hirer the full amount of the rental at the latest at the beginning of the rental period, at the time of booking he shall pay to the Hirer 50% of the rental.
The price of the rental includes the transfer of the renter from the airport, port or train station of Ajaccio to our premises (only from the time of arrival of the customer, to the return of the motorbike to our premises and during our opening hours), unlimited mileage, 2 helmets, gloves, waistcoat, full tank of petrol, anti-theft device, anti-puncture spray, top case, third party collision, defence and recourse insurance, body insurance, 0km assistance. An all risk option is available on certain vehicles (ask the Hirer for conditions). The Hirer can in no way be held responsible for a delay due to bad traffic or the repatriation of another Hirer, and the additional costs that could be claimed from the Hirer. In case of delay not announced to the Hirer, the transfer will be cancelled and at the client's expense.
Article 6. Deposit
The Hirer (or authorised person) gives the Hirer at the beginning of the rental period a deposit by bank card. The Hirer must check with his bank the limit of his credit card.
This deposit shall be returned in full no later than 30 days after the Property has been handed over to the Hirer, after deduction of the application of article 7 relating to any damage. In accordance with article L133-8 of the French Monetary and Financial Code, the commitment to pay by means of a bank card is irrevocable, by communicating the information relating to his payment card, the Hirer (or authorised person) expressly authorises the transaction to be carried out and his payment card to be debited with the amounts due including VAT.
Article 7. Maintenance, damage and theft
- The Tenant shall use, maintain and care for the Property and accessories in a reasonable manner.
- The Tenant shall be liable for any damage he causes to the rented Property or for damage caused by an unidentified third party, and the amount of the repairs shall be invoiced to him. The Tenant's liability shall not exceed the possible residual value of the Property as defined in good faith or after an expert appraisal by a professional. If the cost of the damage, after compensation by a responsible third party, if any, is less than the amount of the prepaid security deposit, the Tenant shall only be liable for the cost remaining at the expense of the Landlord.
- In the event that the Tenant does not return the rented property for any reason other than theft, the Tenant shall be obliged to pay the Landlord the residual value of the property as defined in good faith or after an expert appraisal.
At the end of the contract, in the event of late return of the Property or non-return of the Property, the Tenant shall also pay to the Renter, in order to cover part of the recovery costs, a sum equivalent to 10% of the rental price excluding taxes as well as late interest at the legal rate, increased by the rental price for each additional day until the Property is returned, shall reimburse the lost rental(s) and the financial loss.
- In the event of theft, an amount equivalent to the security deposit will be charged. If the lump sum due is higher than this amount, an invoice for the difference will be sent. If the damage suffered by the Hirer should be reduced (discovery of the vehicle in working order within 30 days), the Hirer will be reimbursed to the extent of this reduction.
- All fines, costs, expenses and taxes relating to any infringement of traffic, parking or other legislation during the rental period shall be borne by the Tenant. The Hirer expressly authorises the Hirer to communicate his civil status and address to the Police or Gendarmerie on request and will be liable for the processing fees deducted from the bank card provided.
- In the event that the Tenant returns the Property in a poor state of cleanliness (such as mud) or maintenance (which cannot be assimilated to normal rental wear and tear) requiring specific cleaning or maintenance, the Tenant shall be required to pay the costs of any cleaning or maintenance performed by a professional operator. This operator shall be chosen by the Landlord.
- The Hirer must return the Property with a full tank, failing which a minimum surcharge of 15€ for scooters and 30€ for motorbikes will be applied. The Hirer must constantly check the oil and cooling system levels and contact the Hirer in case of doubt. In the event of a fuel error by the Hirer when filling the tank, the costs incurred, breakdown service, emptying the tank etc. will be charged to the Hirer. In the event of a puncture, an anti-puncture spray is supplied with the Property, the Hirer will be liable for its replacement. The Hirer is in no way responsible for a puncture. In the event of damage to one or more tyres for a reason other than normal wear and tear, the Hirer undertakes to replace it immediately at his own expense with a tyre of the same size and brand.
- The Rented Property may only be moved within the territory of the Corsican Territorial Collectivity (unless authorised by the Renter). The consequences that would result from the non-respect of this limit would be entirely the responsibility of the Tenant.
- At the time of the return inspection, the Hirer must spontaneously declare any damage that occurred during the Rental Period. The cost of repairing any damage not declared and discovered by the lessor shall be increased by a penalty of 10% of the said cost. In addition, the Hirer may, up to 5 days after the return of the Property and on the condition that he justifies it with photos, before any new rental, claim repair costs for damage noted during this period. Any complaint concerning the invoice must be made within 30 days of the date of issue of the invoice. The Tenant shall provide such photographs as evidence of the condition of the Property at the time of return. If the Hirer refuses or is unable to provide photographs at the beginning and end of the rental period, the Hirer will be held responsible for the damage.
- Any damage caused during the rental period will be invoiced. At the end of the rental period, all costs of repairing the Property, as well as the cost of immobilisation and financial loss, will be charged to the Tenant. The Hirer may not claim at any time to be the owner of the Property or of the parts changed or damaged. In the event of failure to declare an accident with a third party, a false declaration, or a problem leading to a particular recourse, this constitutes a breach of the Rental Conditions, and opens the possibility for the Hirer to invoice and collect the total cost of the repairs, or the market value of the Property as well as the possible immobilisation costs of the Property and the financial loss.
- In the event of damage or theft, the Tenant must send the Owner, as soon as possible (24 hours), the amicable accident report or the theft report receipt issued by the competent authorities, together with the keys.
- In the event of force majeure, certified medical reasons, a third party may drive the Property with the agreement of the Hirer and must provide the Hirer with a copy of their licence. The drivers named in the rental contract benefit from the same insurance conditions as the Hirer. Unless prior agreement has been given by the Hirer, the Hirer remains ultimately responsible for the rented Property and the costs resulting from an accident, fines, immobilisation and others...
- In the event of force majeure, or for reasons beyond the control of the Hirer (Property damaged by the previous Hirer, breakdown immobilising the Property, unauthorised extension, etc.) the reserved Property may not be provided. In this case, the Hirer will offer the Hirer a replacement Property provided that a Property from the fleet is available. Depending on the Property offered, the rate offered to the Hirer will be lower or equal to that of the reserved Property. The Hirer will have the option of accepting the replacement Property, cancelling the booking and being reimbursed the full amount already paid to the Hirer, or postponing the rental.
- In the event of early return of the Property, the Hirer shall not be entitled to any refund. In the event of cancellation before the start of the rental period (except in July and August) the Hirer will keep 20% of the total amount of the rental (a postponement may be considered but the Hirer will keep 50% of the deposit). For any last minute cancellation (7 days before departure), the Hirer will keep the amount of the reservation. In case of cancellation in July or August no refund will be made, nor any postponement.
Article 8. Liability
The Tenant declares and is deemed to have all the information and skills necessary for the proper and prudent use of the Rented Property.
He/she also declares that he/she has all the necessary authorisations, permits, legal and judicial capacity to hold or use the Property.
The Tenant is the sole custodian of the Property during the rental contract and as such undertakes to exercise effective and exclusive control over the Property.
The Tenant is therefore solely responsible, to the exclusion of the Landlord, for any damage that the Property may cause to the Tenant or to third parties.
The Tenant expressly acknowledges that he/she is the custodian of the rented item during the entirety of the contract and, where applicable, beyond, until the actual return of the Property.
The Hirer therefore assumes no liability for the rented item, in particular for its improper, careless or illegal use.
Assistance is offered in the event of a breakdown, the Hirer agrees to comply precisely with the instructions given by the Hirer, to advance the expenses if necessary and to provide receipted invoices in the name of the Hirer in order to obtain reimbursement of the costs incurred. Otherwise, the Hirer shall remain financially responsible for the services he/she has implemented on his/her own initiative, no reimbursement of any kind may be claimed from the Hirer. The Hirer may claim compensation for a poor repair at the sole initiative of the Hirer.
Article 9. Settlement of disputes
The Hirer expressly authorises the Hirer to use his means of payment, in particular a bank card, to obtain payment of the sums due to him (petrol, repairs, late penalties, cleaning, various administrative costs, etc.). In the event of any dispute relating to this contract and insofar as the Law permits, the Court of the place where the Property is made available shall have sole jurisdiction. Any request for an expert opinion by the Tenant shall be at the Tenant's expense, as well as any counter-expertise.
Article 10. Confidentiality
FOREIGN PERMIT REQUIREMENTS
For insurance reasons, only holders of a French, European, US or Canadian motorbike license, who also hold an international driving license, are allowed to rent through our service.