General conditions of hire
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.
‘Claim‘ means any event that occurs and causes one or more losses, liable to be compensated by the insurer.
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 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.
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.
3. Vehicle or roof tent Use
3.1 Vehicle Use and Condition
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 reasonably, under normal conditions of use;
- 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;
- to not smoke in the Vehicle;
- to not accommodate animals on board the Vehicle except with the express prior written consent of the Provider. The vehicle must be returned clean, in its original condition without any smell or animal hair. In the opposite case the renter reserves the right to charge a special cleaning upon return of the vehicle.
3.2 Using the Roof Tent
Firstly, all operations to install, attach and remove the Roof Tent from the vehicle selected by the Hirer shall be performed exclusively by the Lessor.
The Hirer agrees:
- to arrive at the Lessor’s premises with the vehicle ready to be fitted with the Roof Tent, including pre-installed cross bars on the roof, which have been approved for bearing weights of 75kg and over. The Hirer is entirely responsible for mounting the cross bars;
- to use, close, open and maintain the Roof Tent according to normal conditions of use, in compliance with its intended purpose (not to be used for storage or transporting animals, etc.) and in accordance with the presentation made by the Lessor when the tent was handed over;
- not to remove the Roof Tent. However, should circumstances arise where the Hirer has no choice but to remove the Tent from the roof, the Hirer agrees to follow all instructions regarding installation/removal of the Roof Tent, as also the safety instructions provided by the manufacturer. In such cases. The Hirer accepts all responsibility for installation/removal;
- not to carry out any modifications of any kind whatsoever, without prior written approval from the Hirer;
- never to drive the vehicle with the Roof Tent erected;
- to use the Roof Tent for its agreed purpose and not to sublet the Roof Tent;
- not to use it for illicit or immoral purposes or in any way not intended by the manufacturer;
- not to smoke inside the Roof Tent;
- not to bring animals into the Roof Tent. The Roof Tent must be returned in the same good, clean condition in which it was received, and free from smells or animal hair. Should this not be the case, the Lessor reserves the right to charge special cleaning fees when the Roof Tent is returned.
- not to leave or store valuable items in the Roof Tent, and to park their own vehicle in safe places.
4. State of Vehicle or Roof tent
4.1 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 before leaving the Agency that the state of the Vehicle corresponds to the description and to record if necessary a contradictory 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 the rental contract.
4.2 State of Roof tent
The Roof Tent is delivered in good condition and equipped with all the accessories needed for proper use. By signing the contract, the Hirer accepts the Roof Tent in its current condition and agrees to return it in the same condition. A description of the Roof Tent’s condition is included with the contract. It describes any visible damage to the Roof Tent.
The Hirer agrees to check that the condition of the Roof Tent complies with the description provided before leaving the Agency, if necessary noting any contradictory findings. Otherwise, the Roof Tent provided shall be considered as complying with the description. WeVan cannot consider any complaints regarding visible damage that have not been noted on the original description.
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’ (“responsabilité civile vis à vis des tiers”), which strictly conforms to regulations.
The full conditions feature in the brochure, ‘Insurance and Assistance’, available in all WeVan agencies.
Damage to Tents is not covered by the Insurance. We do not offer any guarantees in this respect. Consequently, the Hirer shall be entirely responsible for paying for any damage occurring to the Tent during the period of hire, up to its market value plus all loss of use costs and charges.
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, per claim, remaining to be charged to the Renter when the damages to the Vehicle are covered by the insurance. The excess applies per claim. As a result of this principle of cumulative deductibles, there will be as many deductibles applied as there are claims.
There are several levels of excess to choose from, depending on the range of vehicle hired. The excess amount is specified on the website during the online booking process and also detailed in the contractual documents given to the vehicle hirer (i.e. quote, invoice, hire contract, confirmation email, etc.). The different excess levels can also be selected at the WeVan Agency..
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 vehicle hirer has the option to take out a partial excess damages waiver, such as the “Medium Protection Pack” or the “Premium Protection Pack”, to reduce the excess amount they will be liable for. The conditions relating to these options vary depending on the vehicle rented. They are specified during the online booking process and also detailed in the contractual documents given to the hirer (i.e. quote, invoice, hire contract, confirmation email, etc.). They can also be selected at the WeVan Agency or on the website at any time. The hirer can choose these options any time up until the point they take possession of the vehicle at the WeVan Agency.
We nevertheless remind Hirers that damage caused by poor appreciation of the size of the vehicle (such as damage to top of box when entering a tunnel, etc.) cannot be included in any guarantee or damage waiver clause.
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.we-van.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. If the modified rental price is lower than the initial fee, the Renter will not be reimbursed of the difference.
- 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 security deposit is intended to guarantee WeVan's payment of the rental, plus, where applicable, any financial liability that the Renter may incur in the event of Damage to the Vehicle or the Roof Tent, Theft, payment of fines or offences for which the Renter is criminally liable and the related administrative costs.
Before the Vehicle is made available, the Hirer must leave a debit authorisation on his/her payment card for the amount of the guarantee deposit, the amount of which corresponds to the amount of the excess contracted (which depends on the Protection Pack taken out).
To find out the amount of the security deposit, please refer to the "Options" stage of the booking tunnel on the WeVan website at the following link: https://www.we-van.com/booking-options.php or at a branch.
The Hirer must present a payment card in his/her name, with sufficient funds available. The security deposit will be retained throughout the rental period. It will be returned to the Hirer in full, as soon as possible, in the absence of Damage to the Vehicle or the Roof Tent, in the absence of Theft of the Vehicle or the Roof Tent, and in the absence of contraventions or offences involving the criminal liability of the Hirer.
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.
If the Lessee purchases the “24/7 Return” option, the Lessor will provide secure infrastructure (key safe, etc.) and a specific procedure for the Lessee to return the Vehicle outside of the Hire Branch’s business hours. However, the Vehicle remains the Lessee’s responsibility, as defined in Article 2 of these conditions of hire, beyond the return time stipulated in the rental contract until the Vehicle is received by a WeVan employee the next time the Branch opens.
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 Vehicle must be as clean when returned as when the Lessee picked it up, meaning very clean inside (floors, seats, surfaces and any equipment vacuumed and washed) and outside. If this is not the case, the Lessor reserves the right to charge cleaning fees.
If the Lessee purchased the “Return Cleaning Package”, the Lessee must return the Vehicle in a “normal and everyday” state of cleanliness. In this case, the Lessor takes care of exterior cleaning and finishing touches inside. If excessive and abusive dirtiness is observed, the Lessor reserves the right to charge additional cleaning fees.
In the special case of “Campervan” Vehicles, regardless of the options purchased:
- there should be no food items in the Vehicle’s cabinets or refrigerator;
- the refrigerator must be clean and turned off, with the door open;
- the dishes must be clean;
- the grey water tank must have been previously emptied at a designated disposal area;
- if the vehicle is equipped with toilets, their removable cassettes must have been previously emptied at a designated disposal area and rinsed several times.
If this is not the case, the Lessor reserves the right to charge cleaning fees.
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. Declaration of Acceptance of Risk and Release of Liability
Some agencies of the WeVan network may authorize in their enclosure the free parking of the vehicle (s) of the Tenant. In this context, the Tenant is informed and agrees that the parking of his vehicle in the walls of the company WeVan is authorized only for the time of the Rental.
The Tenant is informed and agrees that WeVan can move his vehicle in the event of a disaster, presumed danger or for any other reason necessitated by the needs of the operation.
The Tenant is informed and agrees that WeVan's movements, traffic and parking are at his own risk and under his sole responsibility, in particular with regard to the damage or theft of his vehicle or its contents. or to himself.
The Tenant is informed and agrees that WeVan can not in any way be considered as depository of this vehicle and its contents and can not be held liable for any damage or theft of the vehicle or its contents.
In addition, the Tenant is obliged to ensure that his vehicle is always insured, to justify the first request of the company WeVan, and more generally to comply with all legal obligations and insurance regulations at his expense.
15. Personal data
The Hirer, in its capacity as data controller, undertakes to comply with its obligations with regard to the protection of personal data, arising from the General Data Protection Regulation n°2016/679 of 27 April 2016 (RGPD) and the so-called "Data Protection and Civil Liberties" Act n°78-17 of 6 January 1978 as amended.
The Renter is informed that the Renter holds a file of personal data collected when the rental contract is signed.
This data is processed to enable the Hirer to manage the rental and related operations, in particular invoicing, and to send the Hirer, where applicable, commercial information.
The Hirer undertakes to protect users' personal data against any loss, destruction, alteration, unauthorised access or disclosure.
In the event of a dispute, French law shall apply.
In accordance with the provisions of articles L 616-1 and R 616-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes, when the Hirer has sent a written complaint to the Hirer and has not received satisfaction or a response within two months, he/she may submit his/her complaint free of charge to the consumer ombudsman. The dispute must be referred to the ombudsman within a maximum of one year of the initial complaint.
The mediator you can contact is the Mobilians Mediator, who can be reached online at www.mediateur-mobilians.fr, by email at firstname.lastname@example.org, or by post at M. le Médiateur de Mobilians, 43bis Route de Vaugirard, 92197 MEUDON CEDEX.