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OuiCar Connect Specific Conditions of Use

Current version published and effective as of 14/02/2020

This website www.ouicar.fr and urls www.ouicar.com, www.ouicar.es, www.ouicar.co.uk  were created by OuiCar S.A.S., a simplified joint stock company with a capital of €7,612.70, registered on the Paris Trade and Companies Register under the number RCS 752 991 703, the registered office of which is at 9 Rue du 4 Septembre, 75002 Paris.

ARTICLE 1. PREAMBLE

OuiCar has developed the OuiCar Connect Service enabling the renting of Vehicles via the OuiCar Platform without the exchanging of keys.

The opening of the doors, starting the Vehicle and the initial and return inspection are possible via a smartphone using the OuiCar Application.

Please carefully read these Specific Conditions of Use of OuiCar Connect (referred to below as ‘OuiCar Connect SCU’ or ‘SCUC’) as they contain important information regarding the rights and obligations of Users. They include various limitations and exclusions, as well as obligations to comply with applicable laws and regulations.

ARTICLE 2. DEFINITIONS

The terms defined in the OuiCar General Conditions of Use (GCU) will have the same meanings in these SCUC.

The definitions in this Article that apply to the OuiCar Connect Service complete those contained in the OuiCar GCU, available HERE.

The terms defined below will have the following meanings for the Parties:

Application’: mobile application called OuiCar developed by OuiCar in Android and iOS formats.

Box’: OuiCar Connect box installed in the Owner’s Vehicle by an installer mandated by OuiCar.

Configured Key Duplicate’: duplicate key for a OuiCar Connect Vehicle belonging to the OuiCar Connect Owner configured using OuiCar Connect Technology that allows the OuiCar Connect Vehicle to be started without being able to open and close the doors.

Consumer’: any individual who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft, self-employed or agricultural activity.

Installer’: partner of OuiCar or OuiCar itself who is responsible for installing and uninstalling the OuiCar Connect Technology.

Non-professional’: any legal entity acting for purposes that do not fall within the scope of its usual commercial, industrial, craft, self-employed or agricultural activity.

OuiCar Connect General Conditions of Sale’ or ‘GCS’: general terms and conditions of sale governing the commercial relationship between the OuiCar Connect Owner and OuiCar as well as all of the OuiCar Connect Services, available HERE.

OuiCar Connect Owner’: owner within the meaning of the OuiCar GCU who uses the OuiCar Connect Service and who has taken out the OuiCar Connect subscription in accordance with the GCS.

OuiCar Connect Rental’: rental within the meaning of the OuiCar GCU that uses the OuiCar Connect Service.

OuiCar Connect Rental Agreement’: standard rental agreement provided to OuiCar Connect Users by OuiCar that binds the OuiCar Connect Rental Customer and the Owner. The agreement is automatically produced via the Application. OuiCar is not a party to the OuiCar Connect Rental Agreement between the Rental Customer and the OuiCar Connect Owner.

OuiCar Connect Service(s)’: service or services enabling Users of the OuiCar Platform to use the OuiCar Connect distance Technology without the OuiCar Connect Owner physically meeting the Rental Customer.

OuiCar Connect SCU’ of ‘SCUC’: specific conditions of use specifically governing the OuiCar Connect Service.

OuiCar Connect Technology’: technology owned by or licensed to OuiCar consisting of configured duplicate keys, a Box installed on the OuiCar Connect Vehicle and all software and interfaces enabling a Vehicle to be rented, without providing keys, via the OuiCar Platform using a Smartphone. The Box is installed in the OuiCar Connect Owner’s Vehicle.

OuiCar Connect User’ and/or ‘OuiCar Connect Member(s)’: User or Member within the meaning of OuiCar GCU who uses the OuiCar Connect Service.

OuiCar Connect Vehicle’: vehicle belonging to the OuiCar Connect Owner that is equipped with the OuiCar Connect Technology.

OuiCar GCU’ or ‘GCU’: general conditions of use governing all of the services offered by OuiCar on the Plaform, available HERE.

SCU’: refers to the Specific Conditions of Use of the service that contain the legal and local specificities of the country, available HERE.

Parties’: collectively refers to OuiCar and the OuiCar Connect Users.

Professional’: means any individual or legal entity, whether public or private, acting for purposes relating to his, her or its commercial, industrial, craft, self-employed or agricultural activity, including when acting in the name or on behalf of another professional.

Rental Customer’: rental customer within the meaning of the OuiCar GCU who uses the OuiCar Connect Service.

Smartphone’: a smartphone owned by the Rental Customer having the functions of a personal digital assistant, digital camera and laptop computer and offering multiple functionalities and applications (telephone, Internet browsing, email consultation, possibility of communicating by instant messaging).

ARTICLE 3.        PURPOSE

These SCUC are specific to the OuiCar Connect Service offered to Users of the Platform by OuiCar in its capacity as a technical intermediary. They govern only the relationship between OuiCar and OuiCar Connect Users.

The contractual relationship between the OuiCar Connect Owner and the Rental Customer is defined in the OuiCar Connect Rental Agreement.

OuiCar is not a party to the OuiCar Connect Rental Agreement between the OuiCar Connect Owner and the Rental Customer.

ARTICLE 4.        CONTRACTUAL DOCUMENTS

The contractual documents (referred to below as ‘the Contractual Documents’) are, in decreasing order of priority:

  • these OuiCar Connect Specific Conditions of Use or SCUC;
  • the Specific Conditions of Use or SCU, available HERE;
  • the OuiCar Connect Rental Agreement entered into between the OuiCar Connect Owner and the Rental Customer and its OuiCar Connect annexes and the installation notice for the OuiCar Connect solution;
  • the OuiCar Connect General Conditions of Sale or GCS;
  • the OuiCar General Conditions of Use or GCU (including our Privacy Policy, available HERE, and our Cookies Policy, available HERE);

In the event of a contradiction between documents of a different nature or rank, the Parties expressly agree that the provisions contained in the higher-ranking document will prevail in relation to the obligations the subject of any conflict of interpretation. In the event of any contradiction between the terms of documents of the same rank, the most recent contractual documents will prevail over the others.

These OuiCar Connect SCU and the OuiCar SCU and GCU form an indivisible whole.

Once the Contractual Documents have been accepted and/or signed by the OuiCar Connect User, they are enforceable on him or her. The Contractual Documents that were accepted at the time of the rental by the OuiCar Connect User prevail over all paper or electronic versions with prior dates.

These OuiCar Connect SCU apply from the commencement of use of the OuiCar Connect Services. OuiCar Connect Users can save and print these OuiCar Connect SCU by using the standard functionalities of their navigator or computer.

ARTICLE 5. ACCEPTANCE OF SCUC

5.1 Acceptance

OuiCar Connect User may benefit from the OuiCar Connect Services offered to him or her on the Platform or the Application only subject to the prior acceptance of these OuiCar Connect SCU and the OuiCar SCU and GCU.

The acceptance of the GCU, SCU, SCUC and GCS are materialized on acceptance of the order form signed by the OuiCar Connect Owner and before installation of the Box. Acceptance is also provided by the User in a customer window on the Platform in the form of a ‘checkbox’.

5.2 Enforceability

In any event, the version of the OuiCar Connect SCU that is enforceable on OuiCar Connect Users is that accepted at the time of the validation of the Rental.

These OuiCar Connect SCU are enforceable throughout the period of use of the OuiCar Connect Services and until new OuiCar Connect SCU replace them.

The OuiCar Connect User may at any time renounce the use of the OuiCar Connect Services and the Platform but remains bound in relation to any previous use.

5.3 Changes

OuiCar reserves the right, at its sole discretion, at any time and without notice, to adapt or modify the OuiCar Connect SCUC and Rental Agreement and its annexes, the financial terms for the Service, insurance conditions or any other document related to the Platform. OuiCar Connect Users will be given notice of changes to these SCUC through a ‘pop-in’ window. If the OuiCar Connect User disagrees with this notified new version of the SCUC, he or she may freely cease using the OuiCar Connect Services.

The new version of the SCUC will be published on the Website or via the Application.

OuiCar will notify OuiCar Connect Users of any changes to these SCUC no earlier than 10 (ten) days before their entry into force.

The OuiCar Connect User may comment on the new version of the SCUC within 30 (thirty) days of receipt of notification of the GCU changes. After such period, the new SCUC will be deemed to have been accepted by the OuiCar Connect User. Such comments should be sent by email to contact@ouicar.fr or by letter to OuiCar, 9 Rue du 4 Septembre, 75002 Paris.

If a OuiCar Connect User does not accept the new SCUC, he or she must immediately stop using the Website, Application and Services provided by OuiCar.

In any event, in the absence of any comments, the new SCUC will be deemed to have been accepted by the OuiCar Connect User who, at the time of the next rental, will specifically accept the SCUC by means of a ‘checkbox’.

ARTICLE 6. PREREQUISITES

6.1 General prerequisites for the OuiCar Connect User

OuiCar Connect User expressly declares and acknowledges that he or she:

- has been informed of the specificities of the OuiCar Connect Service having read these SCUC;

- has agreed to enter into a distance OuiCar Connect Rental Agreement without any physical meeting between the Rental Customer and the OuiCar Connect Owner;

- is an adult with full legal capacity to commit to these OuiCar Connect SCU.

6.2 Specific prerequisites for the OuiCar Connect Owner

The OuiCar Connect Owner expressly declares that he or she accepts and complies with the GCS.

6.3 Specific prerequisites for the Rental Customer

The Rental Customer using OuiCar Connect Technology expressly declares and acknowledges that he or she has:

- a Smartphone (either at least an iPhone 4S iOS version OS 9.0 or later or an Android version OS 4.4);

- the same Smartphone throughout the OuiCar Connect Rental in order to benefit from the OuiCar Connect Services;

- downloaded the Application to his or her Smartphone before any OuiCar Connect Rental;

- turned off the ‘battery saver’ functionality from the settings of his or her Android Smartphone when taking possession of the OuiCar Connect Vehicle;

- the Bluetooth signal in his or her Smartphone enabled and connected to OuiCar Connect Technology;

- a smooth and optimal Internet connection;

- a Smartphone with sufficient battery power for the OuiCar Connect Rental;

- activated the appropriate brightness settings in his or her Smartphone when taking the 16 (sixteen) mandatory photos of the OuiCar Connect Vehicle for the initial and return inspections and when taking additional photos, if they are taken at night, in a dark and/or partially lit area (parking, basement, cellar, garage, country road, etc);

- available, throughout the duration of the OuiCar Connect Rental, the documents contained in the folder provided to him or her in accordance with Article 7.2.4 below.

ARTICLE 7. CONDITIONS FOR ACCESSING THE OUICAR CONNECT SERVICE

OuiCar Connect Users must meet the conditions specific to the OuiCar Connect Service. Otherwise, it cannot be used.

OuiCar reserves the right to verify that OuiCar Connect Owner and Rental Customer have meet all of the specific conditions set out in this Article.

7.1 Access to the Application

The Application can be freely accessed by any OuiCar Connect User who has Internet access. All costs related to access, whether hardware, software or Internet access costs, are the sole responsibility of OuiCar Connect User, who is solely responsible for the proper functioning of his or her computer and telephone equipment and Internet access.

The Application is available 24 hours a day, seven days a week.

However, OuiCar reserves the right, without notice or compensation, to temporarily or permanently close the Platform or access to the distance OuiCar Connect Services, in particular to carry out updates, maintenance operations, modifications or changes to operational methods, servers and accessibility times and, in the event of anomalies, do everything possible to make the Platform and Application accessible and operational, operations for which the OuiCar Connect User will be informed by any means and as quickly as possible.

OuiCar will not be liable for a rental not being carried out or damages of any kind that may result from those operations if OuiCar Connect Users have been informed as soon as possible before any change and/or temporary unavailability or the permanent closure of all or part of the Platform or the OuiCar Connect Services associated with it.

OuiCar reserves the right to, at any time, add to or modify the Platform and the OuiCar Connect Services available on it in accordance with technological developments and new legislative regulations.

It is, moreover, the responsibility of the Visitor or OuiCar Connect User to ensure that his or her computer, telephone and means of transmission are in good working order and up to date in order to benefit from the functionalities of the Site and the Application and to deal with their changes.

In the event of an interruption in or inability to use the Application, OuiCar Connect User can obtain information by contacting OuiCar Customer Services at the following address: contact@ouicar.fr or call the following telephone number: 01 53 40 95 35.

7.2 Specific conditions for the OuiCar Connect Owner

The OuiCar Connect Owner of the Vehicle is subject to the provisions of the OuiCar Connect GCS.

It should be remembered that, in order to be able to access the OuiCar Connect Service, the OuiCar Connect Owner must meet the conditions described below.

7.2.1 Prior creation of a Member Account and publication of a Rental Advertisement

The OuiCar Connect Owner must first have a Member Account that has been created according to the terms and conditions of the GCU, be identified as Owner on the Platform and offer at least one Vehicle for renting. A Rental Advertisement must, therefore, be published on the Platform.

Only OuiCar Connect Vehicles that meet all of the OuiCar Connect SCU and that have been equipped with OuiCar Connect Technology will be identified on the Platform and Application by the ‘OuiCar Connect’ logo pictogram.

The OuiCar Connect Owner, having had the OuiCar Connect Technology installed on his or her Vehicle and wishing to rent the Vehicle without the OuiCar Connect Technology solution in the standard manner, will have to create a second advertisement for the same Vehicle. In this case, it is the GCU, available HERE, that apply.

7.2.2.2 Comply with the specific conditions for the Vehicle

In addition to the conditions set out in the OuiCar GCU and SCU, the OuiCar Connect Owner must ensure that his or her Vehicle meets the following additional conditions:

- have less than 100,000 km on the odometer of the Vehicle on the day of the installation of the OuiCar Connect box;

- have an initial in-service date of less than 10 (ten) years;

- have a duplicate of the keys and any remote control of the Vehicle, which will be dedicated to OuiCar Connect rentals;

- be up to date with revisions and the warrant of fitness;

- must not already be equipped with a telematic box;

- be available for the Rental Customer in a parking space that is freely accessible. Parking fees will be charged to the Rental Customer from the time agreed between the Rental Customer and the OuiCar Connect Owner.

7.2.3 Installation of the OuiCar Connect technology

For the installation of the OuiCar Connect Technology, the OuiCar Connect Owner must respect the chronological steps relating to the installation of the Box that are referred to in the GCS that he or she has accepted.

 7.2.4 Provision of the documents necessary for the OuiCar Connect rental

The OuiCar Connect Owner must:

- Place the information folder provided by OuiCar in the OuiCar Connect Vehicle. The folder must include the following items:

  • a joint accident report form;
  • two copies of the declaration of damage, the printed version of which is also available on the Platform;
  • a photocopy of the registration document for the OuiCar Connect Vehicle;
  • the original of the OuiCar Connect Vehicle insurance paper (coloured green);
  • the configured duplicate keys for the OuiCar Connect Vehicle;
  • a Vehicle information sheet;
  • a key ring with the procedure to follow in the event of a ‘start problem’.

 - On first request by OuiCar, provide any proof necessary for the proper use of the OuiCar Connect Service, in particular a copy of the updated warrant of fitness. If incorrect information is provided or documents are not up to date, OuiCar reserves the right, without notice or compensation, to suspend or terminate these OuiCar Connect SCU as well as the GCS.

7.3 Specific conditions for the Rental Customer

In addition to the conditions set out in the OuiCar GCU and SCU, the Rental Customer must comply with the prerequisites set out in Articles 6.1 and 6.3 above.

As a reminder, according to the OuiCar CGU and SCU, the Rental Customer must meet the following cumulative conditions:

- be named in the OuiCar Connect Rental Agreement between the Rental Customer and the OuiCar Connect Owner;

- be 18 years of age or older on the day the OuiCar Connect Rental Agreement is signed;

- be the holder of a valid, category B, driving licence with more than 0 points issued in a country of the European Economic Area and complying with French regulations, obtained more than 3 (three) years prior to the date of commencement of the rental, subject to the application of Arts. L.113.8 and L.113.9 of the Insurances Code. For permits outside the European Economic Area or outside European micro-States, the international permit is mandatory;

- be an individual;

- undertake to respect the authorized uses of the vehicle: private and professional travel, excluding commercial transport of goods and persons, delivery, sublease or loan, whether for a fee or free of charge;

- not have been prohibited from driving in France or in the country where the driving licence was issued;

- be fully capable of driving;

- be the sole driver of OuiCar Connect Vehicle, it being specified that additional drivers are not authorized to drive the said Vehicle;

- comply with the conditions defined in Article 8.1.3 of these SCUC;

- have the declaration of damage form available.

The Rental Customer formally undertakes not to directly interfere with the OuiCar Connect Technology or any component of the OuiCar Connect Technology, including the Box that has been installed.

The OuiCar Connect Rental Customer may have his or her reservation cancelled by the OuiCar Connect Owner in the event of that the Rental Customer does not comply with these conditions.

ARTICLE 8. THE OUICAR CONNECT SERVICE

8.1 Booking a OuiCar Connect Vehicle

To benefit from the Service, the Rental Customer reserves a OuiCar Connect Vehicle on the Platform identified by the pictogram ‘OuiCar Connect’.

The booking and acceptance process of the booking request is subject to the same conditions as those set out in the OuiCar GCU, available HERE.

8.2 OuiCar Connect Rental Agreement

8.2.1 General information about the OuiCar Connect Rental Agreement

Use of the OuiCar Connect Rental Agreement enables OuiCar Connect Users to benefit from the services offered by OuiCar, in particular insurance, payment and deposit management. In order to ensure the smooth running of the rental, the Agreement repeats the rules and obligations of the OuiCar Connect Owner and the Rental Customer.

It is sent to the OuiCar Connect Owner in PDF format within one hour of the full completion of the rental booking. The Agreement can also be downloaded in the private areas accessible by the Parties.

Only the Rental Customer signs the Rental Agreement on the OuiCar Application. It is then sent to the OuiCar back office.

The terms of the OuiCar Connect Rental Agreement are specific to the contractual relationship between the Rental Customer and the OuiCar Connect Owner.

The OuiCar Connect Rental Agreement is concluded by the OuiCar Connect Owner when he or she accepts the payment by the Rental Customer via the Platform. Acceptance is materialized by the sending of a confirmation email from OuiCar to the Parties to the OuiCar Connect Rental Customer, the Rental Customer and the OuiCar Connect Owner.

The OuiCar Connect Rental Agreement is dematerialized and is concluded remotely without any physical meeting between the Rental Customer and the OuiCar Connect Owner.

The Rental Customer accepts the Rental Agreement as soon as it is signed, ie, at the time of the initial inspection.

The OuiCar Connect Owner automatically accepts the Rental Agreement on full signature of the OuiCar Connect Rental Agreement by the Rental Customer.

The OuiCar Connect Rental ends when the Rental Customer signs the return inspection and definitively closes the doors of the OuiCar Connect Vehicle.

OuiCar is a third party to the Rental Agreement between the OuiCar Connect Owner and the Rental Customer. Consequently, OuiCar cannot be held liable for the obligations contained in it or any breaches by the parties.

8.2.2 Obligations of the Rental Customer

8.2.2.1. Obligations relating to the initiation and sending of the Rental Agreement

The Rental Customer has an obligation of vigilance and caution with regard to the creation and sending of the OuiCar Connect Rental Agreement insofar as he or she is the only person present onsite and the OuiCar Connect Rental is entered into at a distance without any physical meeting between the OuiCar Connect Owner and the Rental Customer. As guarantor of the smooth running of the OuiCar Connect rental, the Rental Customer must ensure that the procedure for sending the OuiCar Connect Rental Agreement is fully respected. Since OuiCar is a third party to the OuiCar Connect Rental Customer, it is up to the Rental Customer alone to trigger the OuiCar Connect Rental Agreement by following the relevant steps in the Application on his or her Smartphone.

The Rental Customer must generate and bring the OuiCar Connect Rental Agreement to the attention of the Owner within one hour of the start of the rental. If the Rental Customer becomes aware of the failure to initiate the OuiCar Connect Rental Agreement within the prescribed time limit, he or she undertakes to immediately inform the OuiCar Connect Owner and OuiCar by any means (by email to connect@ouicar.fr and/or by telephone at 01 53 40 95 35). In this specific situation, OuiCar or the OuiCar Connect Owner will send the OuiCar Connect Rental Agreement template to the Rental Customer by email so that the latter can complete it and finalize the rental.

If the OuiCar Connect Rental Agreement is not created directly and intentionally by the Rental Customer within the time limit of one hour and if the Rental Customer has not notified OuiCar and the OuiCar Connect Owner, the Rental Customer will be fully liable for any direct and indirect consequences that may arise during the rental (damage to property and/or injury to third parties). In such situation and for protective reasons, OuiCar reserves the right to at any time remotely stop and cancel the OuiCar Connect Rental by deactivating the Box, without paying any indemnity and/or compensation to the Parties. In such situation, the cost of repatriating the OuiCar Connect Vehicle and travel expenses will be payable by the Rental Customer.

It should be remembered that the contractual relationship between the Rental Customer and the OuiCar Connect Owner is above all established on the basis of a relationship of trust and good faith.

In any event, the Rental Customer must be able to prove that he or she is not liable, failing which he or she will be held liable for the non-finalisation of the OuiCar Connect Rental Agreement. OuiCar thus reserves the right to retain the amount of the deposit for the benefit of the Owner in the event that the Rental Customer does not comply with these conditions.

8.2.2.2. Obligations relating to the taking of photos for the initial and return inspections of the Vehicle

The Rental Customer must proceed with the greatest care in carrying out the initial and return inspections of the OuiCar Connect Vehicle.

All information contained in the initial and return inspections must be accurate, perfectly legible and unambiguous. Thus, the Rental Customer expressly undertakes to complete the expected information and take the mandatory 16 (sixteen) photos (8 for the initial inspection and 8 for the return inspection) after each completed action.

During the inspections of the Vehicle, the 16 (sixteen) photos taken by the Rental Customer must meet the following requirements:

- photos corresponding to the OuiCar Connect Vehicle rented via the Application;

- non-blurry photos;

- perfectly readable photos;

- quality photos;

- vehicle fully visible and respecting the different angles indicated in the OuiCar Connect Rental Agreement and the boxes of the Application, namely ‘Front, Right front corner, Right wing, Right rear corner, Rear, Left rear corner, Left wing and Left front corner’;

- remove all layers of snow or any covering material (mud, hail, dust, etc) before taking any pictures of the OuiCar Connect Vehicle;

- activate the appropriate brightness settings if the photos are taken at night, in dark and/or unlit areas (parking, country road);

- photos taken as close as possible to the OuiCar Connect Vehicle (and falling within the framing of the Application);

- photos taken in an illuminated area.

If the Rental Customer considers that the 16 (sixteen) photos taken are not sufficient and/or legible and/or of good quality, he or she will always have the possibility of taking additional photos via the Application. He or she also has the possibility of modifying the initial photos taken.

The Rental Customer has the possibility of taking pictures of the interior of the OuiCar Connect Vehicle, in the absence of which it is presumed to be in a clean condition.

The Rental Customer expressly undertakes to comply with these requirements, failing which he or she will remain fully liable for any damage caused to the OuiCar Connect Owner Vehicle, unless he or she can prove otherwise.

The photos taken by the Rental Customer must be coherent with the steps undertaken in the OuiCar Application. In the event of ambiguity as to the time and date of the taking of the photos for the initial and return inspections of the OuiCar Connect Vehicle, the Rental Customer must provide full proof that each of the photos was taken at the requisite time during the rental period, failing which he or she will remain liable for any damage.

Any false declaration or intentional concealment of material damage caused to the OuiCar Connect Vehicle by the Rental Customer will incur civil and criminal liability.

In the event of damage declared within 24 (twenty-four) hours of the commencement of a future rental by the OuiCar Connect Owner or the next rental customer, the Rental Customer must provide such photos (mandatory and additional) to OuiCar to testify to the good condition of the Vehicle at the time of return of the OuiCar Connect Vehicle. If a Rental Customer refuses or is unable to present the legible end-of-rental photos to OuiCar, he or she will be liable for the damage declared by the OuiCar Connect Owner and will have to reimburse the material damage on the basis of a quote unless he or she can prove that he or she did not cause the damage. In this specific case and, if necessary, the amount of the deposit may be withheld by OuiCar and remitted to the OuiCar Connect Owner.

In the event of difficulty for the Parties in determining the origin of the material damage, given the absence of the OuiCar Connect Owner onsite and the lack of any physical meeting between the Parties to produce the initial and return inspections, the Parties will favour an amicable agreement taking into account the existing body of evidence and without OuiCar being a party.

Lastly, the Rental Customer must ensure that his or her rental is properly closed by carrying out a return inspection. In the event that this step is not voluntarily carried out by the Rental Customer, the damage caused to the Vehicle will be presumed to have been caused by the Rental Customer. The amount of the deposit may be withheld by OuiCar and remitted to the OuiCar Connect Owner.

8.2.2.3 Obligation to comply with the Vehicle opening procedure

The Rental Customer must use the Application to close and then open the OuiCar Connect Vehicle in order to release the start immobilizer.

Under no circumstances should the Rental Customer use the Vehicle key to open and close the Vehicle, otherwise the Vehicle immobilizer will be set off and the rental cannot commence. This important step is clearly noted in the emails that are sent after payment of the rental and is on the key ring of the start key. Consequently, in the event of non-compliance with this step, the Rental Customer will be liable for all costs incurred by the Owner in recovering his or her vehicle (on presentation of proof) as well as the rental price. He or she will also be liable for these costs if the Owner arrives at the site of the rental to start his or her Vehicle.

The Rental Customer cannot claim any reimbursement of his or her rental unless he or she can prove, through the intervention of an expert, instructed and paid for by him or her, that the failure of the Vehicle to start is not caused by his or her fault.

8.2.2.4 Obligation to report damage

If the OuiCar Connect Vehicle has suffered damage, he or she undertakes to immediately notify the OuiCar Connect Owner. The damage must be declared in the return inspection with photos as proof. Once the damage is known, the OuiCar Connect Owner then declares the damage to OuiCar.

If the Rental Customer does not report the damage within the required time limit or does not voluntarily report or conceals the damage, he or she will be charged a penalty of 90 (ninety) euros that will be paid to OuiCar.

8.3 Downloading papers

8.3.1 Rental Customer

After payment of the rental and before the start of the OuiCar Connect Rental, the Rental Customer uploads copies of his or her updated identity papers and valid driving licence to the OuiCar Platform via his or her Member Account within a maximum period of 6 (six) hours, failing which the OuiCar Connect Rental Agreement will be automatically terminated and deemed never to have existed.

Only photos of original documents are accepted by OuiCar. The photos must not be uploaded from the smartphone library of the Rental Customer, they must be taken at the time of the relevant step and must not have been taken previously.

In addition, the copies of the papers uploaded must be perfectly visible and taken in their entirety. Any partial or approximate uploading of non-original papers or paper (photocopies...) will not be taken into account by OuiCar in the processing of claims or any other complaints unless the Rental Customer provides proof of the effectiveness and validity of his or her papers.

8.3.2 The OuiCar Connect Owner

Due to his or her absence at the beginning of the OuiCar Connect rental and the nature of the OuiCar Connect Service, the OuiCar Connect Owner must carefully check the identity documents and driving licence of the Rental Customer before the start of the OuiCar Connect rental.

These documents are available at any time in the rental details that are accessible in the personal space on the OuiCar site. It should be remembered that, in accordance with the GCU, the OuiCar Connect Owner must check before the start of the rental that the OuiCar Connect Rental Customer meets all the cumulative conditions set out in Article 7.3 above.

If a Rental Customer does not meet these conditions, OuiCar Connect Owner must immediately cancel the OuiCar Connect rental, otherwise he or she will not be covered by the included multi-risk insurance described in the OuiCar GCU, in which case the OuiCar Connect Owner will be liable. In the event of cancellation by the OuiCar Connect Owner, the OuiCar Connect Rental Agreement will then be terminated and deemed to have never existed.

8.4 Start of OuiCar Connect rental

To start the rental, the Rental Customer uses his or her Smartphone that meets the technical criteria defined below.

8.4.1 Place of availability of the OuiCar Connect Vehicle

The geographical area where the OuiCar Connect Vehicle will be made available, within a radius of 500 (five hundred) metres, will be provided by the OuiCar Connect Owner.

The precise parking location of the OuiCar Connect Vehicle will be sent by any means in writing (via OuiCar messaging service between the Rental Customer and the Owner or by SMS) directly by the OuiCar Connect Owner to the Rental Customer after he or she has verified the Rental Customer’s documents.

8.4.2 Opening the doors

The OuiCar Connect Vehicle must be unlocked only by using the Rental Customer’s Smartphone. The Vehicle is then started using the key that is inside the OuiCar Connect Vehicle. Failure to comply with these steps may severely affect the starting of the Vehicle, weaken the battery of the OuiCar Connect Vehicle and disrupt the functionality of the Box.

The Rental Customer strictly undertakes to respect these steps, failing which he or will be liable for any costs incurred in 8.2.2.4 above.

Via the OuiCar Application, the Rental Customer opens the doors of the OuiCar Connect Vehicle by first ensuring that the Bluetooth signal of his or her Smartphone is activated and connected to the OuiCar Connect Vehicle Technology.

The OuiCar Connect Rental Customer is then informed of the opening of the OuiCar Connect Vehicle via the Application.

8.4.3 Initial inspection before the start of the rental of the OuiCar Connect Vehicle

When taking possession of the OuiCar Connect Vehicle, the Rental Customer must carry out an initial inspection of the exterior of the OuiCar Connect Vehicle via the Application.

The Rental Customer undertakes to comply with the requirements referred to in Article ‘8.2.2.2. Obligations relating to the taking of photos for the initial and return inspections of the Vehicle’ above.

He or she must take 16 (sixteen) photos (8 for the initial inspection and 8 for the return inspection) of the exterior of the OuiCar Connect Vehicle according to the different angles of the OuiCar Connect Vehicle and ensure the quality of the photographs taken. The Rental Customer also has the possibility, via the Application, of photographing and commenting on any existing damage to the OuiCar Connect Vehicle during the inspection of the Vehicle.

The Rental Customer is responsible for the initial inspection. Any damage not noted in the initial inspection will be presumed to have been caused by the Rental Customer.

The Rental Customer also checks that the OuiCar information folder is available in the glove box of the OuiCar Connect Vehicle. This information folder includes all of the items listed in Article 7.2.4 above, in particular the configured duplicate keys, unless OuiCar Connect Vehicle uses ‘keyless’ technology that does not require a key for starting. If the duplicate keys (not keyless) are not in the OuiCar Connect Vehicle, the Rental Customer must immediately and in priority notify the Owner then OuiCar (by telephone at 01 53 40 95 35) so that OuiCar can cancel the OuiCar Connect rental.

Via the Application, the Rental Customer signs the initial inspection that will be sent to him or her by email. The OuiCar Connect Owner will also receive it by email.

8.5 Actions on OuiCar Connect Vehicle during the rental

8.5.1 Temporary closure of OuiCar Connect Vehicle by the Rental Customer

During the Rental, the Rental Customer can temporarily lock the Vehicle via the Application, taking care not to remove the configured duplicate key that must remain inside the OuiCar Connect Vehicle.

The loss of the configured duplicate keys will result in a payment to the OuiCar Connect Owner that is equal to the amount of a quote, failing which a penalty of 100 (one hundred) euros, VAT included, will be applied. An administration fee of 3 (three) % will be paid to OuiCar.

8.5.2 Miscellaneous actions on the OuiCar Connect Vehicle

In the interest of the security of the OuiCar Connect Service, OuiCar Connect Users expressly accept and authorize OuiCar and the OuiCar Connect Owner to be able to carry out actions on Vehicles equipped with OuiCar Connect Technology from a distance, in particular:

- control the opening and closing of the doors of the OuiCar Connect Vehicle;

- authorize the starting of the OuiCar Connect Vehicle;

- access the mileage and fuel level of the OuiCar Connect Vehicle;

- access the battery level of the OuiCar Connect Vehicle;

- access the engine status;

- access the battery charging for electric OuiCar Connect Vehicles.

8.6 End of OuiCar Connect rental

8.6.1 Place of return of the OuiCar Connect Vehicle

Taking into account the nature of the OuiCar Connect Service, the return of the OuiCar Connect Vehicle takes the form of the termination of the Rental Agreement (where parked, return photos, etc), the signing of the Rental Agreement (return inspection) by the Rental Customer and the closing of the doors of the OuiCar Connect Vehicle.

The Rental Customer must ensure that his or her rental is properly terminated by carrying out a return inspection. If this step is not carried out by the Rental Customer, the damage caused to the Vehicle will be presumed to be caused by the Rental Customer. An administration fee of 40 (forty) euros, VAT included, may be charged to the Rental Customer and remitted to OuiCar.

Only the Rental Customer can return the OuiCar Connect Vehicle, no additional Driver can do this for him or her.

The Rental Customer must return the OuiCar Connect Vehicle under the conditions defined in the OuiCar Connect Rental Agreement and specifically to:

- the geographical area, within a radius of 500 (five hundred) metres, that was agreed in advance with the OuiCar Connect Owner.

A penalty of 20 (twenty) euros, VAT included, will be charged to the Rental Customer and refunded to the OuiCar Connect Owner if the OuiCar Connect Vehicle is parked beyond the 500 (five hundred) metre radius of the place initially planned. A 3% administration fee will be paid to OuiCar.

If the Rental Customer abandons or parks the OuiCar Connect Vehicle in another city, suburb or commune other than that of the place requested by the OuiCar Connect Owner, the Rental Customer will be liable for all actual costs incurred by the Owner (on presentation of proof). A 3% administration fee will be paid to OuiCar.

- the date and time range previously agreed with the OuiCar Connect Owner.

The Rental Customer undertakes to return the OuiCar Connect Vehicle and park it in a normal parking space in accordance with the parking rules of the Traffic Code, in other words in a place that does not have any risk of any:

  • traffic fine;
  • parking ticket;
  • impoundment during the 48 (forty-eight) hours after the end of the rental period. Delivery or market parking spaces are specifically excluded.

The Parties may jointly agree in writing via the OuiCar messaging service where the OuiCar Connect Vehicle is to be parked.

Any Vehicle taken from a car park belonging to or reserved for the OuiCar Connect Owner must be returned to the same location, failing which the Rental Customer will bear the costs of any traffic fines or parking tickets.

The Rental Customer may indicate the parking location of the OuiCar Connect Vehicle to the OuiCar Connect Owner at the end of the rental period.

Any infringement (fine or other penalties such as parking tickets) incurred will be the responsibility of the Rental Customer.

It will, however, be the responsibility of the OuiCar Connect Owner to pay any road parking fees between two rentals, if applicable.

Parking charges up to the end of the rental period (before noon/before midnight) provided for in the OuiCar Connect Rental Agreement are the responsibility of the Rental Customer.

In the event of the non-payment of parking fees or unauthorized parking as defined in the Traffic Code, the Rental Customer will be responsible for the payment of any fines or parking tickets and additional costs of 15 (fifteen) euros, VAT included, under the OuiCar CGU, available HERE.

If, exceptionally, the OuiCar Connect Vehicle is impounded due to the parking of the OuiCar Connect Vehicle by the Rental Customer, the OuiCar Connect Owner will collect his or her OuiCar Connect Vehicle from the pound within a maximum of 5 (five) days. Beyond these 5 (five) days, any security costs are the responsibility of the Owner.

The Rental Customer will also be required to pay:

- of the price of the removal to the pound;

- the daily security fees charged by the pound holding the OuiCar Connect Vehicle, up to a maximum of 5 (five) days from the end of the rental period;

- the amount of the initial fine and any interest on arrears/increases;

- a penalty of 50 (fifty) euros, VAT included, as compensation for travel by the OuiCar Connect Owner.

Via the Application, the Rental Customer provides information on the precise location where the OuiCar Connect Vehicle is parked, as follows: street number, street name, postal code, city and additional address (building, parking, level, etc). In the absence of information on the location of the parked Vehicle, a penalty of 40 (forty) euros (VAT included) will be paid to the Owner. A 3% administration fee will be paid to OuiCar.

8.6.2 Return inspection of the OuiCar Connect Vehicle

Before closing the doors of the OuiCar Connect Vehicle, the Rental Customer must carry out an inspection of the condition of the interior of the Vehicle. To do so, he or she can take photos in the damages section of the OuiCar Connect Rental Agreement.

Otherwise, the Rental Customer must check the fuel level and mileage of the OuiCar Connect Vehicle on the dashboard and enter such information and validate it in the Application.

If there are kilometres that are additional to or litres of fuel less than the values declared by the Rental Customer in the Application, the Rental Customer undertakes to pay the penalties due under Article 11 of these OuiCar Connect SCU.

When the OuiCar Connect Rental ends, the Rental Customer, using his or her Smartphone and OuiCar Application, indicates (photographs and comments) any damage that may have occurred during the OuiCar Connect rental.

The Rental Customer undertakes to comply with the requirements contained in Article ‘8.2.2.2. Obligations relating to the taking of photos for the initial and return inspections for the Vehicle’ above.

The return inspection is sent by email to the OuiCar Connect Owner and the Rental Customer in PDF format in which photos of the exterior of the OuiCar Connect Vehicle are visible.

8.6.3 Definitive closing of the OuiCar Connect Vehicle

After having left the duplicate configured keys inside (and, more precisely, in the glove box) and checked that no personal belongings have been left in the OuiCar Connect Vehicle, the Rental Customer locks the doors of the OuiCar Connect Vehicle permanently via the Application.

If the Rental Customer has forgotten personal belongings in the OuiCar Connect Vehicle after having locked the doors permanently, he or she should immediately contact the OuiCar Connect Owner who can open the doors remotely. OuiCar will not be held liable for the loss of the Rental Customer’s personal belongings that are left in the OuiCar Connect Vehicle. In any case, the Rental Customer remains responsible for his or her personal belongings.

OuiCar Connect Rental ends when the Rental Customer signs the return inspection and definitively closes the doors of the OuiCar Connect Vehicle.

8.6.4 Personal inspection by the OuiCar Connect Owner

The OuiCar Connect Owner must inspect his or her Vehicle before any personal use.

The OuiCar Connect Owner is informed of the definitive ending of the OuiCar Connect rental and OuiCar will provide him or her with the location sent by the Rental Customer during the return inspection.

The OuiCar Connect Owner is informed and accepts that any parking fees are at his or her expense after the end of the rental period for the OuiCar Connect Rental.

8.6.5 Time limit for reporting a claim

8.6.5.1 Reporting period before the Rental Customer takes possession of the OuiCar Connect Vehicle

Before taking possession of the OuiCar Connect Vehicle and within 15 minutes of the start of the rental period, the Rental Customer must notify the OuiCar Connect Owner and OuiCar of any material damage found, accompanied by a photo. Any damage not listed in the initial inspection and not declared by the Rental Customer before the start of the rental period will be presumed to be due to his or her own fault, for which he or she may be liable.

8.6.5.2 Time limit for reporting by Rental Customer during the rental

The Rental Customer undertakes to immediately notify the OuiCar Connect Owner and OuiCar by any means in the event of a claim, failing which he or she may be liable.

8.6.5.3 Time limit for reporting by Owner

From the date that the OuiCar Connect Rental Agreement ends, the OuiCar Connect Owner has the same time limits for reporting damage as those provided for in the OuiCar GCU and SCU, namely:

  • Theft: 2 (two) working days from the time he or she became aware of it.
  • Natural disaster: 10 (ten) days following the publication in the Official Journal of the Inter-ministerial Decree declaring such event.
  • Other guaranteed events: 5 (five) business days from the time he or she became aware of them.

In the event of non-compliance with these time limits, except in the event of a fortuitous or force majeure event, the insurer may reserve the right to withdraw any right to be covered.

These time limits are applicable if there no other rental starts before such time limits. OuiCar will not intervene if another rental has started before the declaration of damage by an owner.

The declaration of damage suffered by the OuiCar Connect Vehicle is made under the same conditions as those provided for in the GCU, available HERE and the OuiCar SCU, available HERE.

In light of the time limits for reporting damage and the costs to be borne by the Rental Customer for parking, the OuiCar Connect Owner must inspect his or her OuiCar Connect Vehicle after the end of each OuiCar Connect Rental within a maximum period of 5 (five) days.

Any OuiCar Connect Rental effectuated or any personal use of the OuiCar Connect Vehicle within 5 (five) working days will presume the acceptance of the Rental Customer’s return inspection and an express waiver from declaring any damage under the OuiCar Connect Rental.

  • Immediately notify OuiCar and the Rental Customer;
  • Send OuiCar photos of the damage to OuiCar before unlocking the OuiCar Connect Vehicle.

In this specific case, OuiCar will contact the last Rental Customer and retrieve his or her end-of-rental photos to establish responsibility for the damage. In the event of difficulty for the Parties in determining the origin of the material damage, given the absence of the OuiCar Connect Owner onsite, the absence of a physical meeting between the Parties to produce the initial and return inspections and the time elapsed since the previous rental by the Rental Customer, the parties will prefer an amicable agreement by taking into account the existing body of evidence without OuiCar being a party or involved.

ARTICLE 9. ACCIDENT

9.1 In the event of an accident involving a third party

In the event of an accident during the OuiCar Connect Rental that involves a third party, the Rental Customer completes the joint accident report form that is placed in the OuiCar Connect Vehicle by the Owner of the OuiCar Connect Vehicle.

The Rental Customer immediately notifies, by any means, the OuiCar Connect Owner and OuiCar Customer Services at contact@ouicar.fr or by phone at 01 53 40 95 35.

At the end of the OuiCar Connect Rental, the Rental Customer ensures that the OuiCar Connect Owner has effective access to the accident report and damage declaration duly completed and signed with the third party involved.

If, after the accident with a third party, the Rental Customer is able to return the OuiCar Connect Vehicle to the OuiCar Connect Owner at the time and place agreed in the OuiCar Connect Rental Agreement, the Rental Customer will leave the duly completed and signed accident report in the OuiCar Connect Vehicle after having notified the OuiCar Connect Owner.

If, after the accident with a third party, the Rental Customer is unable to return the OuiCar Connect Vehicle to the OuiCar Connect Owner at the time and place agreed in the OuiCar Connect Rental Agreement, the Rental Customer will send the duly completed and signed accident report to the OuiCar Connect Owner by post or email or personally deliver it within a maximum period of 2 (two) working days from the date of the accident.

The accident report is completed together with the third party at the time of the accident. This document must be given to the OuiCar Connect Owner or left in the vehicle after notifying the owner. This document will be requested to complete the documents requested from the OuiCar Connect Owner.

The OuiCar Connect Owner will send OuiCar the accident report and damage declaration duly completed and signed by the Rental Customer within 5 (five) working days from the time he or she became aware of it, in accordance with the CGU and SCU OuiCar and the Insurance Notice, available HERE.

9.2 In the event of a declaration of damage

In the event of an accident not involving third parties during the OuiCar Connect rental, the Rental Customer completes both copies of the damage declaration placed in the OuiCar Connect Vehicle by the Owner of the OuiCar Connect Vehicle.

The Rental Customer directly notifies the OuiCar Connect Owner and OuiCar Customer Services at contact@ouicar.fr.

At the end of OuiCar Connect Rental, the Rental Customer ensures that the OuiCar Connect Owner has effective access to the two copies of the duly completed and signed damage declaration.

If, after the accident, the Rental Customer is able to return the OuiCar Connect Vehicle to the OuiCar Connect Owner at the time and place agreed in the OuiCar Connect Rental Agreement, the Rental Customer will leave the two copies of the duly completed and signed damage declaration in the OuiCar Connect Vehicle after having notified the OuiCar Connect Owner.

If, after the accident, the Rental Customer is unable to return the OuiCar Connect Vehicle to the OuiCar Connect Owner at the time and place agreed to in the OuiCar Connect Rental Agreement, the Rental Customer will send, hand deliver or email a copy of the duly completed and signed damage declaration to the OuiCar Connect Owner within a maximum period of two working days from the date of the accident.

The OuiCar Connect Owner will send OuiCar his or her copy of the damage declaration duly completed and signed by the Rental Customer within 5 (five) business days from the time he or she became aware of it, in accordance with the OuiCar GCU and the Insurance Notice, available HERE.

If the Rental Customer does not declare an accident in the return inspection and the Vehicle is damaged, a penalty of 90 (ninety) euros (VAT included) will be paid to OuiCar.

ARTICLE 10. LIABILITY

10.1 OuiCar’s liability

All of the OuiCar Connect Services performed in the context of the rental are subject to the liability and warranty conditions contained in the OuiCar CGU, available HERE.

By mutual agreement, the OuiCar Connect Owner and the Rental Customer expressly agree that OuiCar can be liable hereunder to OuiCar Connect Users only in the event of proven fault.

In any event, OuiCar will not be in any way liable for the use by OuiCar Connect Users of the OuiCar Connect Service or any breach of these SCUCs by a User.

It should be remembered that, as a mere intermediary and third party to the OuiCar Connect Rental Agreement, OuiCar cannot be held liable for:

- the failure to conclude a OuiCar Connect Rental Agreement between the OuiCar Connect Owner and the OuiCar Connect Rental Customer, except in the event of proven gross negligence by OuiCar;

- any difficulties in the partial or total performance of the OuiCar Connect Rental Agreements concluded between the OuiCar Connect Owner and the Rental Customer using OuiCar, except in the event of proven gross negligence on the part of OuiCar relating solely to the OuiCar Connect Technology;

- the failure by the Rental Customer to generate or send the OuiCar Connect Rental Agreement.

OuiCar makes its best effort to provide full accessibility and availability of OuiCar Connect services to all OuiCar Connect Users under the best conditions.

OuiCar cannot be held liable for any indirect and/or non-pecuniary losses suffered by OuiCar Connect Users in relation to these conditions.

Indirect losses include, in particular, loss of time, profit, turnover, margins, orders, customers, use, revenue, marketing actions, impact on the brand image or the actions of third parties.

OuiCar cannot be held liable for:

  • the adequacy of OuiCar Connect services to the specific needs of OuiCar Connect Users, the OuiCar Connect Services being offered ‘as is’;
  • any use of the OuiCar Connect Services that does not comply with these conditions or all applicable laws and regulations;
  • breaches of computer security that may cause damage to the computer equipment, data or property of OuiCar Connect Users;
  • the quality of the Internet network and Bluetooth connection;
  • defects and/or incompatibility of the Smartphone.

In the event of a breakdown, theft or fire or any damage to the OuiCar Connect Vehicle that is considered by the OuiCar Connect User to be related to the installation and/or supply of the OuiCar Connect Technology, the User must prove that the event is directly related to the OuiCar Connect Technology.

OuiCar cannot be held liable for the non-performance of these conditions due to a force majeure event as defined by French case law and courts.

OuiCar cannot be held liable where the improper performance or non-performance of the agreement is attributable to the unforeseeable and insurmountable act of a third party to the OuiCar Connect Rental Agreement or acts by the OuiCar Connect Owner or the Rental Customer.

10.2 OuiCar Connect User’s liability

The OuiCar Connect User undertakes to use the OuiCar Connect Service only under the conditions defined herein.

The Rental Customer is liable for any damage to the Vehicle during the rental period, ie, between the time of taking possession of the Vehicle and the time of its return. He or she is solely liable for breaches of the Traffic Code committed when using the Vehicle rented during the rental period.

The OuiCar Connect User undertakes not to disrupt the use of the Service by other OuiCar Connect Users.

The OuiCar Connect User undertakes not to commit any act that could jeopardize the computer security of OuiCar or other OuiCar Connect Users or interfere or interrupt the normal operation of the OuiCar Connect Service.

The OuiCar Connect User undertakes to compensate OuiCar in the event of any complaint, action, prosecution or conviction of the latter resulting from the failure by the OuiCar Connect User to comply with the conditions of use.

ARTICLE 11. ADDITIONAL PENALTIES AND ADMINISTRATION FEES

11.1 General principle

Additional penalties and administration fees that are specific to the OuiCar Connect Service may be charged to either the OuiCar Connect Rental Customer or Owner, as per the amounts defined below.

The application of these penalties and administration fees satisfy the penalties conditions contained in Annex 1 to the OuiCar Connect GCU, available HERE.

11.2 Additional penalties

The additional penalties and administration fees of the OuiCar Connect Service are:

 

Penalties

 

Amount in euros, VAT included

 

Penalties charged to the Rental Customer and remitted to the Owner

 

Vehicule not returned to place indicated

If less than 500 metres: €20 

If more than 500 metres: €50 + actual cost on presentation of proof

Lack of information on where the Vehicle is parked or not ending the rental

€40

Transporting of the Vehicle by the Owner to the car pound after return

€50

Not respecting the rules of use of the Connect Service (eg, not using the Application to open or close the Vehicle, etc)

Actual costs incurred by the Owner on presentation of proof

+ in addition to the above penalties, OuiCar will charge the Rental Customer an administration fee

Administration fees

 

additional 3% charged to the Rental Customer and remitted to OuiCar for all penalties referred to above

 

Deliberate failure to declare damage/accident

€90

 

ARTICLE 12. RIGHT TO WITHDRAW

By accepting these SCUC, the OuiCar Connect User specifically accepts that the SCUC conditions between OuiCar and the OuiCar Connect Users, which consist of putting them in contact with another Member, are performed before the expiry of the withdrawal period and once the rental reservation has been fully confirmed. As a result, the OuiCar Connect User expressly waives his or her right to withdraw, in accordance with the provisions of Art. L.221-28 of the Consumer Code.

The OuiCar Connect Owner who has taken out a OuiCar Connect subscription must comply with the withdrawal conditions contained in the OuiCar Connect GCU that he or she has accepted.

ARTICLE 13. SECURITY

The online service space is an automated data processing system. Any fraudulent access to the latter is prohibited and subject to criminal prosecution.

The OuiCar Connect User undertakes not to disrupt the proper functioning of that system. In particular, he or she must ensure that no viruses or any other technology that are harmful to the Platform or the OuiCar Connect Services offered by OuiCar are introduced.

OuiCar makes its best efforts, in accordance with standard industry practice, to secure the online service space. In light of the complexity of the Internet, it cannot ensure absolute security.

The OuiCar Connect User declares that he or she accepts and acknowledges the characteristics, limits and risks of the Internet.

The OuiCar Connect User acknowledges that he or she is aware of the nature of the Internet network and, in particular, its technical performances and response times for consulting, requesting or transferring data.

The OuiCar Connect User is aware that data circulating on the Internet is not necessarily protected, in particular against any misappropriation or malicious acts.

The OuiCar Connect User agrees to take all appropriate measures to protect his or her own data and/or software from contamination by possible viruses on the Internet network.

OuiCar Connect Users are prohibited from distributing malicious code on or via the Website and/or the reservation area.

The OuiCar Connect User is specifically prohibited from carrying out customer call conversion operations or any operation that has the effect of hindering or distorting the operation of the Website.

Fraudulently accessing or remaining in all or any part of the automated data processing system is prohibited.

Deleting or modifying data contained in the system, fraudulently introducing data into it or even altering the functioning of the system are prohibited.

The OuiCar Connect User must immediately inform OuiCar of any functional failures by the online service.

The OuiCar Connect User is also prohibited from collecting, in any manner whatsoever, information on Internet users and Users, whether manually or automatically, in particular email addresses, without their consent, in particular for the purpose of sending unsolicited marketing, spam or email chains.

ARTICLE 14. PERSONAL DATA

In the context of Services OuiCar Connect, OuiCar processes Personal Data, for which it is the Controller.

The purpose of this data processing is the:

  • management, monitoring of OuiCar Connect Service subscriptions,
  • management and monitoring of contractual relations with OuiCar Connect Rental Customers and Owners of Vehicles equipped with the OuiCar Connect system,
  • geo-tracking of equipped Vehicles in order to automate the rental of the Vehicle and its return to the OuiCar Connect Owner,
  • provision of the OuiCar Connect Service and, in such context, the communication of information on the OuiCar Connect Vehicle,
  • possibility of carrying out remote operations on the OuiCar Connect Vehicle,
  • commercial marketing and prospecting, segmentation, producing statistics and reporting, customer satisfaction,
  • payment and collection of unpaid debts.

 The data collected is mandatory, otherwise the OuiCar Connect Rental Customer and/or Owner will not be able to benefit from the OuiCar Connect Service and all of its functionalities. Data collection is carried out within the framework of the subscription to the OuiCar Connect Service and the use of Vehicles equipped with the OuiCar Connect device.

The data processing thus carried out pursues legitimate interests in the remote management of the rental of the OuiCar Connect Vehicle.

The data collected by the OuiCar Connect Box is the:

  • make of the Vehicle
  • registration plate of the Vehicle
  • identification number (VIN)
  • in-service date
  • engine condition
  • kms on the odometer
  • level and nature of the Fuel
  • battery level
  • geolocation of the Vehicle

OuiCar Connect User is also informed that use of the OuiCar Connect service involves the installation of an on-board telematics device in the Vehicle used. This device provides information on the status of the Vehicle and also allows it to be geolocated. The sole purpose of the geolocation data is to enable the Rental Customer to take possession of the Vehicle by locating it and for the OuiCar Connect Owner to recover the Vehicle without the simultaneous physical presence of the OuiCar Connect Owner and the Rental Customer, and for the purpose of proving the rental.

OuiCar Connect Users acknowledge that the Vehicle equipped with the device is geolocated for purposes of the service, whether the Vehicle is used by the OuiCar Connect Rental Customer or the Owner. Geolocation is inherent in the OuiCar Connect Service, which Users accept.

The OuiCar Connect Owner can have the OuiCar Connect Box uninstalled under the conditions provided for in the GCS, available HERE. The Rental Customer who does not wish to be geolocated can choose a Vehicle that is not equipped with the OuiCar Connect device. In any event, OuiCar Connect owners of equipped Vehicles do not have access to geolocation data except for the location of the Vehicle on its return at the end of the rental period.

In the event of failure by the Rental Customer to return the OuiCar Connect Vehicle at the end of the rental period, OuiCar reserves the right to deactivate the remote Box, after obtaining authorization from the OuiCar Connect Owner, in order to provide him or her with all of the geolocation information for his or her Vehicle.

The data processed is intended for the authorised services of OuiCar and any of its subcontractors.

The attention of OuiCar Connect User is drawn to the fact that geolocation takes place only when OuiCar Connect Vehicle is at a standstill, whether or not it is rented.

For security reasons and to ensure the OuiCar-specific Customer Service assistance, OuiCar reserves the right to consult and provide the Parties (OuiCar Connect Rental Customer and Owner) with the GPS position of the OuiCar Connect Vehicle, the operating status of OuiCar Connect Vehicle, which Users accept.

By subscribing to the OuiCar Connect Service, the OuiCar Connect Owner accepts that the GPS position and operating status of his or her Vehicle may be consulted by OuiCar, if necessary.

When using OuiCar Connect Service, the Rental Customer accepts that the GPS position and operating status of the Vehicle he or she is renting can be consulted by OuiCar, if necessary.

The OuiCar Connect User has the right to query, access, rectify, delete and object for legitimate reasons all data concerning him or her in the context of such processing operation, as well as the right to object to commercial prospecting. These rights can be exercised by contacting OuiCar by email at contact@ouicar.fr, providing a copy of a signed identity document.

The OuiCar Connect User is informed that he or she also has a right to complain to the national data protection authority (Commission Nationale Informatique et Libertés).

For more information on the use of your Personal Data, we invite you to consult our Privacy Policy, available HERE.

ARTICLE 15. TERMINATION - CANCELLATION

Any use of the OuiCar Connect Service that is contrary to these OuiCar Connect SCU entitles OuiCar, after notifying the OuiCar Connect User, to suspend the Member Account, immediately remove the content, remove access to such content or prohibit the OuiCar Connect User from accessing all or part of the Platform, without compensation and without prejudice to any damages that OuiCar may claim and the remedies that may be available to it.

The closure of the Member Account by OuiCar under the conditions provided for in this Article automatically entails the termination of these OuiCar Connect SCU, the SCU and the GCU.

The termination of these OuiCar Connect SCU, the SCU and GCU will not have any impact on any current OuiCar Connect rentals.

OuiCar Connect cannot, under any circumstances, be liable for the consequences of suspending or closing the OuiCar Connect User’s Member Account.

If OuiCar closes the member account due to a use of the OuiCar Connect service that is contrary to these OuiCar Connect SCU, the OuiCar Connect User undertakes not to create a new Member Account without authorization.

The OuiCar Connect User remains liable for any use of his or her Member Account prior to the closure of such account.

ARTICLE 16. AGREEMENT ON PROOF

The acceptance of the SCUC by electronic means has, between the Parties, the same probative value as the paper agreement.

Computerized records held in the computer systems of the Parties will be kept under reasonable security conditions and considered to be proof of communications between the Parties.

The archiving of contractual documents is carried out in a reliable and durable medium that can be produced as evidence.

ARTICLE 17. CONFIDENTIALITY

The information sent or collected by OuiCar when the Platform and the online service are used is considered to be confidential.

The above provision does not preclude communications by OuiCar in order to comply with applicable laws and regulations or any judicial or administrative requisition or request in order to protect itself or its reserving customers or any other person.

All confidential information and any reproductions of it are and will remain the full and entire property of the party who communicated it. The owner of the confidential information reserves all industrial or intellectual property rights relating to it.

Users undertake not to disclose, in any way whatsoever, information relating to OuiCar’s know-how, technical knowledge and working methods.

ARTICLE 18. FORCE MAJEURE

Events habitually defined by the case law of the competent local courts and tribunals in France are specifically considered to be force majeure or fortuitous events. If a force majeure or fortuitous event occurs, it is agreed that these SCUC will initially be suspended. In the event that the force majeure or fortuitous event lasts for more than two months, these SCUC will be fully terminated, unless otherwise agreed by the Parties.

ARTICLE 19.  GOOD FAITH AND GENUINENESS

The Parties agree to perform their obligations in good faith.

The Parties declare their commitments herein to be genuine.

They therefore declare that they know of no information that would have modified the consent of the other party if it had been disclosed.

ARTICLE 20.  NULLITY

If any of the provisions in these OuiCar Connect SCU are held to be invalid or declared invalid pursuant to any law, regulation or following a final decision by a competent court, the other provisions will remain in full force and effect.

ARTICLE 21. INDEPENDENCE OF THE PARTIES

The Parties acknowledge that each is acting on their own behalf as parties that are independent to each other.

This agreement does not constitute either an association, franchise or mandate given by one party to the other.

Neither Party can make any commitment in the name and on behalf of the other Party.

In addition, each party will remain solely liable for its own actions, acts, allegations, commitments, services, products and personnel.

The Parties are independent. No Parties can make any commitment in the name and on behalf of the other Party. Each Party will act in its own name and on its own behalf. None of the provisions of the SCUC can be interpreted as creating a company, mandate, agent or employee/employer relationship between the Parties.

The SCUC, including the rights and obligations stipulated in them, cannot, under any circumstances, be assigned by the OuiCar Connect User to any third party. 

For the execution of the SCUC, the Parties agree to elect their domiciles as follows:

  • For OuiCar, at its registered office address: 9 Rue du 4 Septembre, 75002 Paris.
  • For the OuiCar Connect User, at the address provided at the time of registration.

ARTICLE 22. PRESCRIPTION

In the event that, despite its best efforts, OuiCar, a third party to the OuiCar Connect Rental Agreement between the OuiCar Connect Owner and the Rental Customer, is unable to make progress in the debt collection cases between the OuiCar Connect Owner and the Rental Customer under their OuiCar Connect Rental Agreement within one year of the commencement of the relevant case or the end date of the OuiCar Connect Rental Agreement, OuiCar reserves the right to close it permanently. It is, therefore, specified that no payment will be made to the Parties and no measures carried out by OuiCar after the one-year period. In such situation, OuiCar will inform the Parties by email or letter.

The OuiCar Connect Rental Customer and the Owner will thus take personal responsibility for settling their dispute in the competent courts within a period of 5 (five) years from the day on which the holder of a right knew or should have known the facts enabling him or her to exercise it.

ARTICLE 23. COMPLAINTS

Any requests for information, clarifications or complaints should be sent to OuiCar Customer Services at the email address contact@ouicar.fr or by letter to OuiCar Customer Services, 9 Rue du 4 Septembre, 75002 Paris.

If the response from OuiCar does not satisfy the User or if no reply is provided by Customer Services within a reasonable period of one (1) month from the date of sending, the User may resort to a consumer mediation procedure by contacting the OuiCar Mediator by letter sent to the following address: CNPM, Consumer Mediation, 23 Rue Terrenoire, 42100 Saint Etienne.

The User can choose to accept or refuse mediation. If used, each party is free to accept or refuse the solution proposed by the Mediator.

A referral to the Mediator is subject to the User having previously submitted his or her complaint to OuiCar Customer Services.

ARTICLE 24. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

These OuiCar Connect SCUC are drafted in French and are governed by French law.

The same applies to substantive rules and rules of form, notwithstanding the places where substantive or ancillary obligations are performed.

In the event of a dispute between OuiCar and a User who has contracted as a trader, specific jurisdiction is attributed to the competent court in Paris notwithstanding multiple defendants or warranty claims, even for urgent or protective summary or ex parte proceedings.

In the event of a dispute relating to these SCUC, the Consumer User is informed by OuiCar that he or she can use a mediation procedure or any other alternative dispute resolution method.

In the event of a dispute between OuiCar and a OuiCar Connect User who has contracted as a Consumer that is not resolved by negotiated settlement, the competent court will be determined with regard to the general laws of the local country governing relationships between a Consumer and a professional.

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