These Terms and Conditions regulate the contract for the provision of rental services of the vehicle that binds You to WeVan. By ticking the box ‘I accept’ on the booking form, You accept these terms. We recommend You read them carefully.
‘Renter’ designates the renter and the named driver(s) on the rental contract, deemed Renters.
‘The Provider’, ‘WeVan’, ‘Agency’ designate the company WeVan or one of its franchisees, whose company name appears on the rental contract.
‘Vehicle’ designates the rented vehicle.
‘Contract’ designates the rental contract drawn up between the Provider and the Renter, subject to these rental terms and conditions.
‘Damages’ designates any damage sustained by the Vehicle, other than Broken Glass and punctured tyres.
One day of rental begins at 8:30 A.M. and lasts 24 hours, unless written agreement is present on the WeVan rental Contract.
2. Rental Conditions
The name of the renter, mentioned on the rental contract is that of the main driver, who must be present when the contract is signed, and is he/she to whom the rental fees will be charged.
It is possible to add (an)other named driver(s), who will be named in the rental contract, pending the payment of a supplementary charge to the driver.
Except by reason of a legitimate and unforeseeable cause, only the driver(s)named in the rental contract is/are authorized to drive the Vehicle.
The Renter as well as the authorized drivers named in the rental contract are obliged to present a valid identity card or passport, and a valid drivers license that has beenin issue for longer than 24 months.
The rental contract is personal and non-transferable. It is valid for a determined length of time, mentioned in the contract, that will not exceed 60 (sixty) days.
The Renter and the authorized drivers are liable to be held responsible towards the Provider for the full implementationof these terms and conditions.
Upon delivery of the Vehicle, the Renter becomes entirely responsible, in accordance with the terms of Article 1384 of the Civil Code (French ‘Code civil’).
The Provider reserves the right to terminate the rental with neither justification nor indemnity in the event of the Renter’s violation of any one of the essential obligations of the rental contract, notably the Conditions of Vehicle Use, Payment and the Conditions of Return.
3. Vehicle Use
The Renter agrees:
- to not let any person(s) other than those mentioned in the rental contract drive the Vehicle;
- to use and maintain the Vehicle with due diligence;
- to not drive in any lanes other than those permitted to the automobile;
- to not drive the vehicle outside the authorized territories, which include metropolitan France (including Corsica), its bordering countries, European Union member states, United Kingdom and Norway, unless there is written agreement by the Provider;
- to use the hired Vehicle in accordance with the Highway Code, and more generally in accordance with the legal requirements and regulations of the country in which it is driven;
- to not use the Vehicle under the influence of alcohol or drugs, or any other substance that may affect consciousness or the ability to react;
- to not use the automobile to illicit or immoral ends, or to those unintended by the manufacturer;
- to not harness the Vehicle to other vehicles, to trailers, or to any other object, and to not change or modify the Vehicle in any way unless an agreement is acknowledged and written by the Provider;
- to lock the Vehicle when stationary and to use the alarm and anti-theft locking system with which it is equipped.
4. State of Vehicle
By signing the contract, the Renter accepts the Vehicle in the state in which they find it and are obliged to return it in the same state.
A descriptive statement of the Vehicle is attached to the contract. It notes any apparent damage done to the vehicle, the number of kilometers travelled by the Vehicle and the fuel level.
The Renter agrees to verify that the state of the Vehicle corresponds to the description and to record a contradictory statement, before departing the Agency, if the Renter notices any apparent damage that is not mentioned in the original statement. By default, the rental Vehicle will be considered as conforming to the description. WeVan cannot be held accountable for any claims regarding apparent damages to the Vehicle that were not mentioned in the original description.
WeVan delivers a Vehicle to the Renter with a full tank of fuel. The Renter is required to return the Vehicle with a full tank of fuel. By default, if the tank is not full, the missing fuel will be charged to the Renter upon their return, in accordance with the conditions of Article 12.
The routine maintenance of the vehicle is the responsibility of the Renter. Depending on the number or kilometers travelled during the rental period, the Renter will have to undertake certain checks in accordance with the manufacturer’s requirements (motor oil level beyond 1000km, tyre pressure, etc.). The Rentermust be vigilant at all times to warning lights, and must take the necessary measures in the event of an emergency stop. The manufacturer’s maintenance and user manuals are available on demand at the Agency.
6. Accident, Theft and Breakdown
In the event of Vehicle breakdown or an accident necessitating immediate/urgent repair, the Renter must contact the rental Agency before proceeding with the repairs (including tyre repairs).
In the event of breakdown or damage sustained by the Vehicle, even that which does not require repair, the Renter must inform the rental Agency within 48 hours of noting the damage, and return to the Agency, no more than three working days after noting the damage, a written document detailing the incident and the damage, signed by him/herself and the third party concerned.
Returning this written document, with or without an identified third party and whether or not the Renter is responsible for the damage, is obligatory. By default, and except in the event of valid circumstances preventing the return of this document within this timeframe, the insurance and assistance guarantees mentioned in these terms and conditions are inapplicable and the Renter will be charged the cost of the damages that are attributable to him/her, particularly those sustained by the Vehicle equal to the current, capital cost of the vehicle, including the fees and costs relating to its immobilization.
In any case, in the event of damage caused to the Vehicle, the Renter will be charged processing fees of up to 50 (fifty) euros including tax plus loss of use fees calculated according to the category of the Vehicle rented, reimbursable in the event that the Renter is not to blame.
In the event of breakdown not attributable to the Renter, WeVan agrees to cover the costs of the breakdown service and repair of the Vehicle, as well as to reimburse the Renter the total amount paid, relative to the number of rental days not yet due.
In the event of theft of the Vehicle, the Renter must alert the relevant authorities, file a statement with the Agency and return to the Vehicle papers and keys, within 48 (forty-eight) hours of noting the theft.
In the event of theft of the Vehicle’s keys and/or papers, the Renter must notify the relevant authorities in order to assure a complaint is filed.
By default, in relation to these requirements, except in the event of valid circumstances preventing the return of the issued statement of the filed complaint and of the Vehicle’s keys and papers within the aforementioned timeframe, the Renter will be charged the full cost of the damages attributable to him/her, particularly those sustained by the vehicle equal to the current, capital cost of the vehicle, including the fees and costs relating to its immobilization.
7. Insurance and Assistance
All WeVan vehiclesare covered by a civil code, ‘Civil liability with regard to third parties’ (“responsabilitécivilevis à vis des tiers”), which strictly conforms to regulations.
The full conditions feature in the brochure, ‘Insurance and Assistance’, available in all WeVan agencies.
Within the authorized territories are guaranteed the following:
- Compulsory Third Party Motor Vehicle insurance;
- legal protection for excessive damages caused to vehicles during accidents, fire and Theft.
The excess is the maximum amount remaining to be charged to the Renter when the damages to the Vehicle are covered by the insurance. This can be up to 2000 (two thousand) euros.
Principle exceptions: :
- tyre puncture, except if it is subsequent to or concurrent with the damages to the insured vehicle;
- damages, through deterioration or disappearing, to the different aspects of the vehicle that are not part of the main body of the car at the moment of incident;
- breaking of glass (windshield, side windows, back window, headlights), when the incident is isolated, which is to say unlinked to an event guaranteed by the contract and resulting in the damage of other parts of the vehicle;
- transported merchandise, objects and animals;
- damages occurring whilst the vehicle is being transported by sea;
- the theft of the Vehicle when it is the result of the Renter’s negligence.
In the event of an incorrect assessment of the Vehicle’s dimensions, the high and under-slung bumpers are not covered under the damage guarantee except in the case where it can be proven that these damages were unforeseen.
7.2 Supplementary Coverage
The Renter is able to subscribe to the options « Protection pack Medium » or « Protection pack Premium », which are respectively reducing the amount of the deductible to 600 (six hundred) euros or 300 (three hundred) euros including all taxes.
In the event of an accident (covered by the insurance policies subscribed to by WeVan), the maximum sum deductible by WeVan is reduced to 600 (six hundred) euros or 300 (three hundred) euros including all taxes, depending on the option purchased.
In case of breakdown or accident occurring during the rental period and immobilizing the Vehicle, the Renter is entitled to assistance from the Provider.
- tyre puncture;
- breakdown or problems caused by a lack of fuel;
- the loss, theft or braking of the keys.
In the event of any of the above exceptions regarding the Assistance guarantee, it falls upon the Renter to return, at his/her own expense, the Vehicle to the Agency from which it was hired.
8. Cancellation of the Guarantee
Drivers who are not named in the rental contract, and therefore those for whom the Renter is exclusively responsible, are not entitled to guarantees pertaining to damage or Theft of the Vehicle, or to Assistance.
Generally, disregard for the rental, for Vehicle use and for the return conditions mentioned in these rental terms and conditions will lead to the cancellation of the subscribed contractual guarantees. The Renter will thereby be held responsible for any damages under the law of contractual liability.
9. Booking and Payment
By accepting these Termsand Conditions, the Renter gives WeVan permission to debit from his/her credit/debit/payment card the sum corresponding to the relevant WeVan rental services. The Renter also gives WeVan permission to debit from the aforementioned card the additional fees mentioned in this contract (cf. Articles 10, 11, 12, and 13).
From the time of booking, on the website www.WeVan.com or at the Agency, the Renter will be charged 50% (fifty percent) of the total amount due for the rental services. The other half owed to WeVan, the remaining 50% (fifty percent), will be charged to the Renter upon their taking possession of the hired Vehicle, at the WeVan Agency.
The total sum of the invoice includes cost of rent (VAT included) for: Vehicle category, dates, and optional, online chargeable services (special equipment, extra drivers, Damage Waiver option, etc.), as well as aspects included in the price at the time of booking, at the rates specified by WeVan. All other equipment and optional services, for which the Renter chooses to subscribe after the booking, must be paid for at the WeVan Agency, upon taking possession of the Vehicle.
The Renter also gives WeVan permission to debit his/her credit/debit/payment card any extra charges incurred upon return of the Vehicle, in the event of missing fuel or mileage exceeding the contractually agreed amount (providing the rental contract stipulates a mileage limit) according to the rates mentioned in the rental contract. If the kilometer clock has not worked for a reason other than technical malfunction, the Renter must pay the kilometric indemnity of 500 (five hundred) kilometers per rental day. In the event of infringement of the Highway Code, WeVan reserves the right to charge a filing fee of 15 (fifteen) euros per contravention.
In the event of payment error or payment unpaid, the Renter accepts the cancellation of the terms for invoice not yet due and the legal nullification of the contract, as well as the immediate return of any Vehicle(s) being rented. In the event of exceeding the payment deadline (the invoice due date) the Renter is liable to be charged a late fine of default interest equal to the legal rate, plus 10 (ten) percentage points. In addition, the Renter gives WeVan permission to debit the security deposit (cf. Article 10 Security Deposit) to recover the sum due.
9.1 Changing the booking
The Renter reserves the right to cancel or change the type of Vehicle and/or the dates of reservation, subject to the availabilities and limitations disclosed thereafter, by contacting the WeVan Agency in advance. The modifications to the booking are subject to the following restrictions:
- For any modification, if the modified rental price exceeds the initial fee, the difference will be charged and must be paid upon taking possession of the Vehicle. Similarly, if the modified rental price is lower than the initial fee, the Renter will be reimbursed the difference, minus a modification fee of 100 (one hundred) euros.
- In the event of cancellation less than 1 (one) month prior to taking possession of the Vehicle, cancellation fees will be enforced, except in the case that the Renter has elected the ‘Flexible Cancellation’ option. These fees can be up to the amount of the first booking payment (50% - fifty percent – of the total booking). If the Renter does not take possession of the Vehicle in the 24 (twenty-four) hours from the time and date mentioned in their booking, thiswillbe treated as a cancellation on their part.
- The option ‘Flexible Cancellation’ allows the subscriber to cancel the booking, via written demand, up to 48 (forty-height) hours before the rental period begins without incurring any fees (beyond the cost of the option).
9.2 Unavailability of the Vehicle
In the event that WeVan is unable to rent the Vehicle to the Renter on the arranged date, WeVan agrees to fully reimburse the fees outlaid by the Renter.
10. Security Deposit
The amount of the security deposit is equal to the amount of the deductible purchased. So the deposit is respectively up to 2,000 (two thousand) euros, 600 (six hundred) euros or 300 (three hundred) euros including all taxes depending on the Protection pack purchased: Basic, Medium or Premium. It is aimed to guarantee WeVan payment for the Vehicle rental.
11. Extending the booking
The Renter must inform the Provider, at least 48 (forty-eight) hours in advance, that he/he wishes to extend the rental period, and provide the necessary financial provision to do so, failing which he/she runs the risk of criminal and legal proceedings for hijacking the Vehicle.
The Provider reserves the right to deny the request to extend the booking, without indemnity for the Renter, and oblige him/her to return the Vehicle by the agreed date.
12. Returning the Vehicle
The rental period is terminated upon the return of the Vehicle, its keys, original papers and hired accessoriesto a WeVan employee at the WeVan Agency, before the time stipulated in the rental contract. This is the only way to terminate the rental contract. In the event that the Vehicle is returned after this time, and without the mediation of a WeVan employee, the Renter guarantees the safekeeping, the related risks and the cost of the Rental until the Rental Agency resumes its working hours.
The length of the rental is calculated in 12- (twelve-) hour indivisible periods, from the time when the Vehicle is delivered. The Renter is permitted 30 (thirty) minutes leeway at the end of the Rental period before a new 12- (twelve-) hour period begins.
Any loss of fuel on the return of the Vehicle will be charged 20 (twenty) euros plus fuel costs for 2 (two) euros per liter of fuel missing including VAT.
In the event of loss of the keys and/or Vehicle papers, or if a thorough cleaning of the Vehicle (implicating a professional third party)is required upon return of the Vehicle, an additional fee will be incurred.
The Renter is liable for any infractions committed during the rental period. By virtue of articles L.121-2 and L.121-3 of the Highway Code, the contact details of the Renter will be transmitted to the relevant authorities. In the event that the Provider intervenes, notably during the processing of the penalties, the fines or the filing of reports, the Renter is liable to be charged up to 20 (twenty) euros including VAT. The Renter gives the Provider permission to use his/her payment details, e.g. bank card, as a means of levying the corresponding debt.
14. French Data Protection Act
In view of law n°78-17 of 6th January 1978 relating to Information, Technology, Files and Civil Liberties, the Renter is duly informed that WeVan retainsa file containing their personal details upon the signing of the rental contract. These details are subject to a process facilitating WeVan’smanaging of the rental process and otherprocedures, notably billing and if necessary informing the Renter of confidentialinformation.
These details are, in part or entirely, for the use of WeVan, its franchisees and its partners.
Moreover, WeVan has installed security systems in some of its vehicles in order to track them in real time and manage the theft or loss of these vehicles. By signing this rental contract, the Renter gives WeVan permission to gather data from the onboard tracking system to use in the aforementioned circumstances in order to determine the geographical location of the Vehicle. Only WeVan services will have access to these details, as well as any person(s) possessing the legal right to access them. These details are retained for the duration of the contract and, if needs be, the duration of the enquiry.
In accordance with legal requirements, the Renter reserves:
- the right to oppose the recording of a file and the use of his/her personal details;
- the right to access, correct and remove any information concerning him/her, by addressing a written demand, accompanied by proof of identity, to:
6, rue Olympe de Gouges