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GLOSSARY OF TERMS
“The renter” or “the hirer” is the person identified in the special conditions of the contract.
“The rental” is AMG company, « Moto-plaisir.fr », identified in the special conditions of the contract.
“The Vehicle” – is the private vehicle (PV) supplied by the rental for the period specified in the contract special conditions. The rental is governed by general conditions recto and verso of the contract (French version applicable)
The rental, supplies the renter, a motorcycle, according the description done on the contract.
This rental follows the rules hereinafter and at the back of the rental contract.
The renter agrees to accept the terms of the contract after having been informed before the signing of this Rental Agreement.
1 – COMMITMENTS OF THE RENTAL
The rental supplies to the hirer a motorcycle in good working conditions, and maintained according to the manufacturer’s specifications, with full fuel tank or according to the level of the special conditions.
Moto-Plaisir.fr declares the motorcycle is without visible damage, except those listed in the vehicle description check list.
The hirer must, before he leaves, add any other damage that would not be listed.
The hirer has a technical support for all the PV in all countries allowed in the circulation area defined in Article 9, and under the conditions proposed by the assistance contracted by Moto-plaisir.
In case of failure of the rented vehicle not attributable to the tenant, and if the vehicle is immobilized for more than a day, a replacement vehicle will be offered to the hirer. If the rental has no replacement vehicle available, a vehicle will be provided under the terms of the assistance contracted by Moto-Plaisir.
Moto-Plaisir.fr cannot be responsible for financial consequences of a vehicle breakdown, such as but not limited to, cancellation charges of hotel or travel, loss of down payments or advance, missed flight, etc. ...
2 – DRIVER REQUIREMENTS :
2.1 Driver requirements :
• Must be 25 years or older, max. 75 years
• Must have a minimum of 2 years motorcycle driving experience (3 years for cars).
• International driving license if non EU-resident
• Bikes may not be driven off road
• When parked in public places, the bike must be locked with supplied lock, otherwise insurance may not work.
• 2000 € by credit card (2500 € for cars)
• Bike is picked-up with full tank, must be returned with full tank. If not returned, full charges may apply and are described in the special conditions.
• 30% of the rental cost required on booking
• Proof of residence (A cable television, gas, electric, telephone or other utility service)
2.2. Renter’s responsibility
2.2.1 Compliance and use of the vehicle in "good father".
The hirer (customer) agrees to take responsibility for the security and general condition of the vehicle during the period of hire.
The renter agrees to pay the rental price as agreed in the contract and to indemnify the rental of all fines and fees legally dependent, resulting in breaches of the traffic rules, that he endured.
The renter agrees to wear a helmet that meets current standards and respect the traffic rules, and to wear protective equipment suitable for motorcycling.
The renter agrees to use the vehicle under the traffic rules and other legislation applicable in the territories authorized, and do not use the vehicle in an unusual way or contrary to its destination.
The renter agrees to use the lock provided outside of periods of driving and the steering lock. Otherwise, the tenant will not be covered by the warranty in case of theft.
The renter is required to check the oil level of the vehicle every 500 km and the tension of the chain of transmission (if applicable). He agrees to report promptly to the rental any abnormality, malfunction and failures caused to the vehicle during the lease.
2.2.2 The renter has legal custody of the vehicle after the delivery, he is therefore responsible.
The renter agrees never leave the keys, papers and hire contract on said vehicle, outside of periods of driving and to ensure that anti-theft devices are in place when leaving the vehicle.
In case of lost keys, except in cases of force majeure, they will be billed to renter and, if applicable, the costs of returning the vehicle.
Any claims for damage apparent that have not been reported at the time of departure will be accepted. The Renter must return the vehicle in the state in which it was received and, failing that, will be responsible for damage not recorded on the starting state of the vehicle in terms of these booking conditions.
In case of accident :
In case of accident, except in cases of force majeure, renter agrees to immediately notify the police or gendarmerie, if there are injuries. All accidents and / or damage to the rented vehicle must be reported to the rental within 48H. An accident report form, accurate and legible must be delivered to rental as soon as possible.
The renter is liable for damages of any vehicle or vehicle components, whatever their cause, unless the cause is attributable to the rental agency.
From the end of the rental, all costs of rehabilitation and the cost for unavailability will be borne by the renter in the maximum amount of security deposit, according to the price list available the website and will add to the cost of rental, subject to the provisions of Article 3.2, whatever the repair is done or not.
In case of theft or vandalism of vehicle:
Accidents and theft must be reported to our office and to the nearest police station.
From the discovery of the damage, the renter shall immediately notify the rental of the claim and will file a complaint with the competent authorities.
He will provide within 48 hours to the rental the complaint and, in case of theft the keys and papers of the vehicle, except in cases force majeure.
In case of theft, the cost of the deductible, will be immediately charged to the Tenant, and added to the cost of rental, subject to the provisions of Article 3.2, whatever the repair is done or not.
In the event of damage, from the end of the lease, any costs of repair and the unavailability costs will be borne by the renter within the deductible, according to the price list available the website and will add to the cost of rental, subject to the provisions of Article 3.2.
In case of unavailability of the motorbike for the repair, the charges are calculated at a rate of 30% of the daily rate of the rented motorbike.
In case traffic rules enforcement.
All traffic fines are the client's responsibility. Fine management fee will be charged according to the price available on the web site.
Terms of the deposit and the deductible.
It is intended to cover the damage which may be suffered by rental because of non-payment of the total price of the rental, the occurrence of a disaster or theft. This will be acquired in case of vehicle theft.
The amount of the deposit appears in the special conditions of the lease. All or part of the deposit will be retained in case of damage to the motorcycle and / or accessories (depending on current price of parts and accessories) and will be retained in full in case of failure to return the vehicle.
The only security deposit allowed is by credit card. Checks, cash, holiday vouchers or other are not accepted as a security deposit. American Express cards and so-called "debit" payment cards such as Electron or Maestro are not accepted.
The amount paid by you in case of damage covered by insurance. If the amount of damage caused to the rented vehicle is less than the deductible amount, the repayment of the difference will be made to the renter within 15 days. In the absence of damage or theft, this deposit will be refunded to the Tenant at the end of the contract, and that, within 15 days after the end of the lease evidenced by the return of the vehicle rental.
The renter agrees now that the rental may collect the amounts due under additional fees on their bank account using the pre-authorization or bank cash the check, issued under the deposit. It is clarified that in case of renting more than 7 days, the deposit, the amount stated in the general rate will be charged during the hiring and returned, without interest, at the end of rental, subject to perfect execution of the above conditions.
3 - INSURANCE
3.1. Liability insurance
When Renting a vehicle from moto-plaisir.fr, the renter and the passenger have liability insurance is for personal injuries and material damages in compliance with regulations.
In addition to this insurance, the Moto-Plaisir.fr’s insurer provides:
• Guarantee the equipment of the driver (up to 1000 €, helmet included)
• Warranty body conductor
• Warranty theft, fire.
• Warranty Broken Glass - Forces of Nature
• Warranty Disasters - Attacks
• Warranty all accidents
Warranty are limited according to the contract between Moto-Plaisir and its insurance company. Please contact us for more details.
Driver’s Protection : maximum amount of 80 000 €, death benefit of 7 700 €, permanent disability maximum amount of 80 000 euros. For more details about warranty amounts please contact us.
It is recommended that our clients take out additional insurance for bodily injury, disability or repatriation.
3.2 Cases of exclusion of warranty:
Any intentional damage, and damage caused by driving drunk or under the influence of a drug or driving off road.
Any damage due to transport persons for remuneration; transport of flammable, explosive, oxidising or chemical, participation in competitions or in trials cars or driving lessons, to use to push, pull or tow a vehicle to use the vehicle for an illegal purpose or in violation of the traffic rules or any other legal or regulatory driving in countries not permitted by Article 7.
Also excluded is the additional protection from the damages of use off paved roads. In this case, the tenant's liability is not limited to the amount of the security deposit.
Assistance does not cover accidents off paved roads.
The theft warranty is given to the condition that the insured vehicles are routinely protected by the steering lock and an additional anti-theft system prescribed by AMDM and benefiting from double NF / FMMC certification.
Failure to comply with these obligations entails forfeiture of the right to theft warranty.
In case of exclusion of warranty, the responsibility of the renter will be determined by the value of the motorbike according to an expert, or at a maximum to the manufacturer’s list price of the vehicle.
4 - DURATION OF THE RENTAL AND VEHICLE RETURN
4.1 Duration of rental:
Minimum rental charge is one day (24 hours period). Any extension by the hirer must be approved by moto-plaisir.fr.
In case of non approved extension, it will be charged for another day’s rent at 200% of the standard rate.
We expect all Renters to adhere to their booking time strictly to avoid any inconvenience and delays. If the renter do not show up to pick up the motorbike within 1 hour after the pick up hour, the rental will be charged.
Except in the case of force majeure, the renter must notify the rental of his late arrival.
Contract modifications are not possible, unless the “flexible” option has been taken out (dates or model). Fees will be applied in the event of cancellation (see fee rates).
Cancellations and modifications are made by email or any other means and are only taken into account upon receipt of a confirmation email.
4.2 Return of the vehicle:
The vehicle must be returned at the date, time and place specified in the contract.
If not, the vehicle will be considered as stolen.
In case of impossibility, the hirer must inform moto-plaisir.fr, by any means, as soon as possible.
The rental period ends when the vehicle and its accessories are returned, with the keys and documents to the person representing moto-plaisir.fr
The hirer remains responsible of the vehicle, and consequently responsible of the traffic rules fines, damages done to the vehicle, until the keys are returned and the examination of the vehicle conditions is done.
If the hirer is not willing to check the condition of the returned vehicle, damages eventually observed in his absence will be charged.
In case of forfeiture or sealing of the Vehicle, the Rental contract will be automatically terminated by the rental as soon as he will be informed by the judicial authorities or by the renter without prejudice to the his rights and interests.
If stolen, the lease is terminated upon transmission to the rental of the keys, if such transmission is possible and / or after the filing of a complaint by the renter with the relevant authorities.
5 - PRICE AND PAYMENT
5.1 Price and payment:
The amount of the rent is calculated according to the rate stipulated in the special conditions of the lease, as well as optional services which the renter has subscribed.
The rate is determined based on information provided by the renter prior to departure (time, mileage) Changes attributable to the renter may result in the application of a rate of substitution.
Rates do not include fuel. Vehicles are rented with full fuel or with the level agreed.
If the vehicle is not returned with the full or the agreed level, the fuel supplement will be charged to the Tenant according to the rate appearing on site Moto-Plaisir.fr.
The renter accepts the charges on his debit card of the amount of the deductible, the deposit and fees (see Section 2.2.2) caused by damage or theft of the rented vehicle. It will be informed in advance of amounts not resulting from normal operation of the Rental Agreement.
5.2 Pre-authorize credit
The provision required at the departure cannot be less than the estimated amount of the rent plus the amount of the deductible and the security deposit for the rented vehicle rented.
6 - CANCELLATION OF BOOKING
6.1 Cancellation by the renter
The customer has the legal revocation period of 14 days from the date of booking, unless the rental begins within 14 days of reservation date.
In addition, the client-MOTO PLAISIR.FR ™ may cancel the reservation.
In this case, the holding will be kept as a cancellation fee.
In case of rain, the renter of a motorbike may delay (subject to availability of the vehicle) the date of hire until 31 October of the following year from the originally scheduled date of hire. Beyond that date, the holding is retained, the tenant may not seek reimbursement.
Reservations can be canceled by the customer by email or any other means and are only taken into account upon receipt of a confirmation email.
Cancellations must be received within 48 hours before the date and time of departure of the vehicle (stamp postmark for mail order) after this period no refunds will be made even if the subscription to flexible option.
The customer must ensure Moto-plaisir.fr before taking his vehicle that he had received confirmation by email, through its Customer Area or contact one of our consultants by phone.
Moto-plaisir.fr disclaims any liability for inaccurate information about the customer's personal data Moto-plaisir.fr (email address, telephone, etc. ....).
6.2 Unavailability of vehicles
In case of force majeure or for reasons beyond the control of Moto-Plaisir.fr (eg vehicle accident by the previous renter, failure immobilizes the vehicle, unauthorized overtime, etc ...) the booked vehicle cannot be provided.
In this case, Moto-Plaisir.fr offer the customer a replacement vehicle provided a from fleet Moto-Plaisir.fr fleet is available.
According to the proposed vehicle, the proposed price to the customer will be less or equal to that of the vehicle reserved.
The customer will have the opportunity to accept the replacement vehicle, cancel the reservation being refunded the deposit paid on booking, or reschedule the rental.
7 – BASIC RULES
The client-MOTO PLAISIR.FR ™ undertakes to respect the general conditions of renting.
However MOTO-PLAISIR.FR ™ advises you some basic rules:
• Do not leave the vehicle driven by unauthorized drivers
Do not participate to competitions, rallies and sports racing.
• Do not use the vehicle under the influence of alcohol or under the influence of drugs or other substances affecting his consciousness or ability to react.
• Use the vehicle rented in accordance with customs regulations, the traffic rules and more generally in accordance with legal and regulatory requirements.
• Use and maintain the vehicle in “good family father” manner.
• Use, maintain keep the keys in a safe place. For any loss of key customer-MOTO PLAISIR.FR ™ may be charged by the owner of a lump sum.
8 - PERSONAL DATA - GDPR
The information collected is recorded in a computerized file by Moto Plaisir AMG SARL.
The data marked with an asterisk in the forms must be provided in order to get your contract ready in advance and to be able to supply the service.
The data collected will be transmitted only to the following recipients: insurer in the event of a claim, authorities in the event of a violation, local taxi, hotel or travel agent if service requested.
They are kept for 3 years from the date of the customer's last visit.
You can access your data, correct it, request its erasure or exercise your right to limit the processing of your data.
You can remove your consent to your data processing at any time; You can also object to the processing of your data; You can also exercise your right to the portability of your data)
Visit cnil.fr for more information on your rights.
To exercise these rights or for any question on the processing of your data, you can contact AMG SARL - email@example.com / 3 rue des biches - 74100 Ville La Grand - France / +33 4 80 16 11 58.
9 - TRAFFIC ZONE
The renter is authorized to travel exclusively by private vehicle in the country on the International Motor Insurance Card (green card). If the renter is circulating in a country not allowed with the rented vehicle, no insurance will cover him.
The environmental code article L362-1 specifies: "In order to ensure the protection of natural spaces, the circulation of motor vehicles is prohibited outside the roads classified in the public road domain of the state, the departments and the municipalities, rural roads and private roads open to public motor vehicle traffic. Failure to comply with a traffic ban is punishable by law, as is the damage to the environment generated.
In case of unauthorized use of the bike on a race track or off paved-roads, the security deposit will be charged to cover the maintenance and inspection due to the abnormal, such as but not limited to : tyre replacement, clutch and brake pads replacement, engine inspection, etc...
Moto-Plaisir.fr is doing its best to provide our customers routes to date. However, the information on routes are only indicative. They may be inaccurate or modified at any time. It is the responsibility of the user or the renter to check the road conditions, weather, ability of driver and practicability of the routes before you go. Responsibility for Moto-Plaisir.fr can not be held liable for losses or damages directly or indirectly related to the use of routes, or inability to use them.
10 - DOCUMENTS AND TERMS AND CONDITIONS
The following documents referred to: "Scale assessment and billing of damages, " "Guide and information of general conditions " are available in Moto-Plaisir office, the Renter declares to have read and accept unconditionally the terms and conditions.
11 - JURISDICTION CLAUSE
Any controversy or dispute of any nature whatsoever relating hereto, which is not solved amicably, will report territorial jurisdiction of the courts under common law. If the tenant has incurred as a trader, the commercial court will have jurisdiction of Thonon-les-Bains.
The english version of these termes and conditions are proposed for your comfort. In case of dispute, only the french version will be considered legaly.