InstantanéGroup 5

Clauses of the motorhome rental contract

In accordance with the article 1713 and the Civil Code, it has been agreed that the vehicle owner rents the following vehicle to the renter on a non-professional basis, subject to the price, charges and conditions mentioned above.

Article 1 - Destination:

The vehicle currently being rented is intended exclusively for private and personal use, as a vehicle for leisure and tourism. Yescapa cannot be held responsible for abusive usage of the vehicle, nor for the consequences resulting result from this.

Article 2 - The driver or drivers:

The driver(s) of the vehicle rented confirm to be in possession of a valid category B drivers licence. This licence must have been issued at least 3 years ago. The motorhome can only be driven by the driver(s) declared in the motorhome rental contract. The renter assumes their individual and contractual responsibility upon signature of the rental contract. They are therefore responsible for injury caused by the vehicle when they were using, driving or operating the vehicle at the moment the damage is caused.

Article 3 - Handover, Sublet:

The renter is not permitted to give, sublet or lend the rented vehicle to anyone, under any circumstances. However, in the event that the vehicle needs to be repaired, the employees of a garage are authorised to handle the vehicle.

Article 4 - Duration and Mileage:

The renter determines their kilometre package when they send the booking request to the vehicle owner. This kilometre package is displayed at the time of payment as well as on the rental contract. The parties contractually accept this upon signature of the contract and cannot be contested at a later stage.
The vehicle owner has the right to ask for a compensation if the kilometre package that was previously agreed upon has been succeeded. The sum must be paid by using the deposit cheque which was given to the owner on the departure day. In the event that the kilometre package authorised in the contract is exceeded, the renter firmly commits to pay the difference at the rate mentioned in the rental contract.

Article 5 - Handover and return of the vehicle:

The renter shall not release himself from his contractual responsibility until the delivery of the vehicle, the documents attached and the keys to the owner provided that:

  • No penalty for an offense during the rental is received by the owner;
  • No internal and / or external damage is noted and reported on the inventory sheet.
Otherwise, the renter remains liable to the owner and must respect the terms of the contract until the dispute(s) are resolved.
If a fine for an offense is received during the rental, the renter undertakes to pay the fine.
If the renter damages the interior and / or exterior of the vehicle, his/her liability remains incurred and he is obliged to pay the amount of the repairs or the amount of the deductible applied.
The vehicle and all accessories made available to the renter must be returned in the condition that they were received in at the time the vehicle was handed over. The loss or deterioration, even partial, of the vehicle or accessories obliges the renter to pay the amount of the deposit previously paid. The amount of the security deposit is specified on the rental contract.
The return of the rented vehicle must be done in a very well lit place in order to carry out a "return" inventory in good conditions. This return must be performed by the same person (s) as the "departure" inventory.

Lateness of the vehicle owner

The vehicle owner is obliged to strictly respect the time for the vehicle return specified by the parties upon signaure of the rental contract.

Lateness of the renter

Unless in the case of written agreement by the vehicle owner, any lateness of more than two (2) hours when returning the vehicle will be charged according to the following principle: if the delay is over 2 hours and less than 6 hours the owner has the right to to charge the renter 10 euros for each hour that the renters were late. If the renter is over 6 hours late the owner is entitled to charge the renter for a 2 extra days of rental at the normal rate set in the rental contract.

Article 6 - Cost and Rental charges:

The cost and charges for the rental contract are freely agreed between the renter and the vehicle owner.

Article 7 - Other Charges:

In the event of a mechanical incident occurring during the rental period of the motor home, the renter must inform the owner in writing or by telephone. It is his responsibility to take the vehicle to a competent garage, previously indicated by the insurance. Following the diagnosis by the garage, repairs or parts changes may be necessary for the vehicle to be operational again. A written agreement (in the form of an e-mail message (« e-mail ») or a text message (« SMS ») from the owner must be obtained by the tenant before Authorize the garage to intervene on the vehicle.
If the renters agree to make the repairs, the renters will be able to ask the professionals to start.The invoice may be paid by the renters. An incident or a mechanical failure immobilizing the motorhome, the renters can leave the motorhome in the garage and can be repatriated by the assistance of the insurance. If the renters refuse the repair or the repair will take more than five (5) consecutive days, it will then be up to the owner to go and collect the vehicle in the garage that has made the necessary repairs. The cost of transport ticket from the owners home to the garage will be reimbursed to the owner once proof, in the form of receipts, has been provided to the insurance company.
In the event that the mechanical incident is caused by misuse of the renters, A third party or a fixed object and that the renters are recognized as liable: the renters are obliged to pay the repairs.
If the mechanical incident results from normal and regular mechanical wear or poor maintenance of the vehicle, the owners will be held responsible and will have to pay for the repairs. If the renters have advanced the money, the owner is obligated to repay them. The renter is obliged to carry out these repairs exclusively at a competent mechanic and authorized in the matter of mechanical repair of motor homes. The burden of proof lies with the renter. The renter cannot be disengaged from this responsibility unless they provide evidence that the mechanical incident or incidents that occurred, constitute normal and regular wear and tear or from a poor vehicle maintenance of the vehicle by the owner. Evidence must be provided with the assistance of a sworn expert. The hirer must provide the vehicle with the 100% full fuel tank (100%). Similarly, the renter must return the motorhome with the fuel tank 100% full (100%).
Failing this, the renter must return the motorhome with the tank at the same level of fuel as when the vehicle was handed over.

Article 8 - Responsibility of the vehicle owner:

The owner agrees to provide a vehicle in perfect working condition, clean interior and exterior and with a full fuel tank, WC toilet liquid, and drained of dirty water. The owner is obliged to print the rental agreement in his language spoken via his account Yescapa so that the owner and the tenants have the same inventory. Both parties must write in their language and if necessary they can contact Yescapa to assist with any communication issues. The owner undertakes to check all important elements of his vehicle such as air conditioning, heating, water heater, refrigerator, oven, cooking plates (etc ...) in the state of departure, also to be completed on the return of the vehicle in the presence of the tenants and the owner.
The owner agrees to drive his vehicle for 3-4 minutes in the presence of the tenants to avoid any anomalies (suspicious noise, malfunction ...).
The owner commits himself to renting his vehicle in the best possible state of cleanliness. In the event that the tenants disagree with the interior cleanliness of the vehicle, it is then necessary to indicate on the form the state of departure in the box provided for this purpose. It is then recommended that the owner take the time necessary to improve the condition of his vehicle. If, as a result of this cleaning or proposal to clean the vehicle, the renters refuse to rent the vehicle again, the cleanliness of the vehicle cannot be retained to cancel the rental and no refund will be possible for the renter : The owner will receive his remuneration as originally planned. If the owner does not wish to clean his vehicle and the tenant refuses to take charge, the owner will have to send us by e-mail the proofs of the cleanliness of the vehicle (photographs, videos ...). If the cleanliness is verified by Yescapa, the owner will be entitled to the amount originally planned. In the event that Yescapa believes that the vehicle is not in an optimum state of cleanliness, the platform reserves the right to ask the owner for a full refund.
The owner undertakes responsibility for any repair of the motorhome not resulting from a driving fault of the renter and under normal use of the vehicle. In the event of an advance on any valid repair costs paid for by the renter, the owner agrees to reimburse the renter upon presentation of the supporting invoices. However the landlord must have previously and expressly authorized the renter to carry out the work required. These requests and authorizations must be made in writing in the form of an electronic mail (« e-mail ») or a text message (« SMS ») between the renter and owner. Nevertheless, the owner has no right to withdraw any amount from the renter's security deposit until the damage is indicated on the return inventory and no invoice is submitted to Yescapa. Should the vehicle be damaged before the rental, the owner is obliged to inform the renters in order to agree on a possible financial arrangement.
The owner has the obligation to check the condition of the four (4) tires of the vehicle. These four (4) tires cannot be older than six years old.
In the event of a tire (older than six years old) bursts due to detachment of the tread during a rental period the owner will be responsible for the this. Under these circumstances, the security deposit cannot be withheld from the renters.
If a tire burst occurs on one of the four tires and the front or rear axle is to be changed: the exploded tire will be fully supported under the rental contract and the second tire will be the responsibility of the owner and renter (50 / 50) respectively of the total price by the renter and the owner.

Article 9 - Responsibility of the Renter:

The renter is obliged to print the lease in his/her language spoken via his/her Yescapa account so that the owner and the renter have the same inventory list. Both parties must write in their language and if necessary they can contact the company.
The renter is entitled to refuse the rental if the vehicle does not comply with the description of the advertisement on the Yescapa platform. The vehicle must correspond to the interior / exterior photographs on the Yescapa site. In case of dispute, the renter must provide proof that the vehicle does not represent what was advertised in the ad correctly with (photographs, videos ...).
. The renter must ensure that the vehicle is closed when he/she leaves the vehicle idle. The renter must not leave his/her personal belongings in plain sight and must take all necessary measures to avoid theft. Neither the owner nor Yescapa shall be liable for theft, loss or damage to property belonging to the renter and passengers.
In case of an accident and / or deterioration of the motorhome (inside and / or outside), the renter agrees to immediately notify the renter and Yescapa by telephone. The renter undertakes to notify the owner and Yescapa by phone of any maintenance or repair work carried out on the vehicle for any amount excluding tax (VAT) of fifty euros (€50). Any repairs exceeding fifty euros will be reimbursed by the owner on return of the vehicle with presentation of an invoice justifying and following a normal use of the vehicle for which the owner has previously and expressly agreed to the renter. Each invoice presented by the tenant for less than fifty euros (€50) excluding tax (HT) will be reimbursed by the owner.
The driver(s) designated by this rental contract must hold a valid Class B driving license issued for more than three ( 3) years. The driver(s) must be at least twenty-five (25) years of age.
The renter agrees to maintain the motorhome in "good faith" and with the same precautions as if it were their own vehicle, to carry out all the required inspections required by the present circumstances. Except in the case of insurance paid for by the insurance company, the renter must bear all the costs of repairing the motorhome made necessary due to degradation resulting from them personally or from a third party. The renter undertakes to carry out constant and regular maintenance of the vehicle during all the enforceable period of the contract envisaged and as long as it holds the said vehicle.
The renter undertakes to return the motorhome in perfect working order, clean and with a full fuel tank, having carried out the cleaning of the WC, the draining of the dirty water, and the cleaning inside and outside. Such conditions must be similar to those in which the vehicle was originally rented. In the absence of such conditions of restitution and unless otherwise specified on page 3 of the contract, the renter must obligatorily pay a sum of fifty euros (€50) all taxes included (TTC) for a campervan and one hundred euros (€100) all taxes included (TTC) in the case of renting a motorhome of type capucine, profiled or integral. The said amount is paid directly by the security deposit to the full benefit of the owner, in respect of the maintenance costs of the motorhome which the latter may be required to pay for personally. The renter cannot make any modification or any irreversible actions, inside or outside the motorhome, without the prior agreement and express permission from the renter. The renter must check the levels of the various fluids of the motorhome: engine oil, water, waste water, steering fluid, washer and engine coolant. The renter must regularly check the pressure of the tires of the motorhome. As soon as it is necessary, it must inflate the tires to the pressure levels as indicated in the owner's manual of the motorhome supplied by the manufacturer. This document must be handed over to the owner when taking possession of the vehicle. The renter must replace the small equipment of the vehicle that has become damaged during the rental period. Such small equipment items include windshield wipers, toilet paper or light bulbs. The renter is responsible for all damage caused by his/her actions, negligence or that of third parties during the rental period of the motorhome. The renter is solely responsible for any damage resulting from filling the tank with fuel not suited for the vehicle. For all traffic offenses detected by law enforcement agencies during the rental, the renter incurs criminal responsibility. Any penalties (fines, withdrawal of points ...) are entirely at the expense of the renter. For any internal damage to the rented vehicle, a comparative estimate may be requested from the owners if Yescapa deems it necessary.

Article 10 - Conditions:

The current rental is expressly agreed and accepted with regards to the current relevant laws and regulations. The parties promise to establish an inventory which is as detailed as possible, representative of the motorhome from the moment of handover until its return. These two documents are established jointly between the two parties and have the same legal status, the charge for the proof will be at the expense of the party which contests the accuracy of the inventory.
The renter accepts the vehicle in its actual state on the day of handover.
Failing an inventory of the motorhome completely jointly by both parties on the first day of the rental, the renter is deemed to have received said motorhome clean and in working condition without extra formalities. When returning the vehicle, the vehicle owner is assumed to have received said motorhome clean and in perfect working condition without extra formalities.

Enjoyment:

The renter enjoys the motorhome and uses it responsibly and under the normal conditions of use.
Notably, the renter promises to take all of the appropriate precautions, to strictly abide by the rules set out by the Highway Code or existing regulations.

the renter is not permitted to use the motorhome:

  • - for taking part in sporting events, or in vehicle tests in a driving school;
  • - for transporting goods or people against payment;
  • - for towing or moving another vehicle in any way;
  • - exceeding the manufacturer's limits and regulations for the number of people or weight;
  • - for transporting flammable, explosive, toxic or dangerous substances;
  • - for committing any crimes, offences or other violations.

Insurance:

The insurance protects the motorhome, its occupants and its equipment. The vehicle assistance and personal assistance is included 24 hours a day, 7 days a week.
Should damage occur: In case of damage due to an accident, theft, loss, fire, damage caused by game or other degradation, the renter should notify the police force immediately. In such a situation, the renter promises to establish an account or report which confirms the conditions in which said damage occurred.
In the case of such a damage, the renter promises to inform the vehicle owner and the Yescapa company without delay and in writing by sending an electronic message via electronic mail ("email") or via Short Message Service ("SMS").
If an accident declaration has been drafted by the renter, this must have been filled out on the site of the accident, with the other driver who was involved in the accident, in accordance with any current regulations without ignoring or avoiding any section, neither partially completed, nor incorrectly completed, nor written illegibly. Particular care must be taken with the summary. If the accident is involving multiple vehicles, the renter must draft an accident declaration with the the driver of the former vehicle and a declaration with the driver of the latter. In the event that the other driver refuses to fill out or sign the accident declaration, as a minimum, the renter must note the damaged vehicle's registration number. The renter must therefore try to obtain a statement from people who were present at the time of the accident, or ask for help from the police services. Said accident declaration to be filled out must be sent to the insurance company at the latest five working days after it has been presented to and approved by the vehicle owner, obliged to respect the above deadline, which is public order (art. L. 113-2 of the Insurance Code).

Article 11 - Guarantee Deposit:

The owner receives the security deposit in person, the amount of which must be stated on the rental contract. The deposit may be transmitted by check, cash or any other means of payment previously agreed between the renter and the owner. If the deposit is not given on the day of departure, the owner is entitled to refuse the rental and therefore to cancel this rental. The renter will not be refunded if they have failed to provide the required security deposit. The security deposit covers any damage caused by the renter inside the vehicle as well as the kilometers traveled outside of the agreed kilometer package.
In the event that the rented vehicle leaves directly for another rental, the owner is obliged to return the security deposit to the renters in the inventory of the "return".
If the vehicle does not present any change in it's condition, The owner can keep the deposit for up to 8 days.
If the vehicle has an abnormality, the owner is entitled to retain the deposit until the repairs have been made.

Article 12 - Specific Clause:

For the entire rental period, the motorhome is only authorised to be used in the countries that have been indicated in the booking request. Use of the motorhome is authorised only under the conditions indicated by the vehicle owner in their advert (eg. limit on the usage to only countries on the European continent, dogs not permitted, non smoking vehicle etc.)

Article 13 - Dispute:

In case of conflict between the contractual parties, a friendly solution is possible. Contact our mediation service to help you with the process.
Failing this, it is possible to take the matter to a competent court. The contractual parties can contact the local magistrate, suitable for disputes over less then €4000.