Current version published and effective as of 14/02/2020
This www.ouicar.fr website 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.
TABLE OF CONTENTS
ARTICLE 20. AGREEMENT ON PROOF
ARTICLE 27. COMPLAINTS
This Platform is intended to offer Users, either directly or through the websites of OuiCar’s partners, a search and rental service for short-term vehicle rentals, not including a driver, between an Owner and a Rental Customer.
Please read these GCU carefully 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.
The terms defined below will have the following meanings between the Parties:
‘Additional driver(s)’: individuals over 18 (eighteen) years of age who hold a valid, category B, driving licence with a more than zero points that complies with the local regulations in the country and that was obtained more than 3 (three) years ago, named in the Rental Agreement and authorised to use the Rental Vehicle under the liability of the Rental Customer.
‘Application’: mobile application called OuiCar, developed by the OuiCar company for Android and iOS.
‘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.
‘GCU’: refers to these General Conditions of Use of the OuiCar Website, which express the entire agreement of Users regarding the Website, the Services and the Application. The purpose of the GCU is to define the terms and conditions under which Users access and use the Services.
‘Instant Reservation’ or ‘Instant Booking’: functionality allowing the automatic acceptance of a request by a Rental Customer to rent the Owner’s vehicle.
‘Member Account’ or ‘Member Area’: private space on the Website reserved for each User. It is accessible by entering a username and password. The Member Account or Member Area allows the User to register on the Website, Application or Services having previously and unreservedly accepted the GCU.
‘OuiCar Connect’ or ‘Connect’: refers to a Vehicle that the Owner has equipped with the technological solution called Connect. The conditions of use of the OuiCar Connect service are set out in OuiCar’s SCUC.
‘Owner’: User, whether an individual or a legal entity who is the Owner of a Vehicle and/or authorized to rent it who posts online advertisements for the rental for a short period of the said Vehicle without a driver.
‘Platform’: technical structure set up by OuiCar.
‘Professional’: any individual or legal entity other than a Consumer.
‘Rental Advertisement’: advertisement for the rental of a Vehicle without a driver for a short period of time published on the Platform by the Owner.
‘Rental Agreement’: standard rental agreement provided to Users by OuiCar. It can be either in dematerialized format via the Application or in paper format. This contract binds the Rental Customer and the Owner. OuiCar is not a party to the Rental Agreement between the Rental Customer and the Owner.
‘Rental Customer’: User, an individual who is over 18 (eighteen) years of age who holds a valid, category B, driving licence with more than zero points that complies with the local regulations of the country and was obtained more than 3 (three) years ago who, as the main driver, wishes to rent a Vehicle without a driver for a short period.
‘Service(s)’: services on the Platform for connecting an Owner with a Rental Customer to search for and rent Vehicles without a driver for a short period of time.
‘SCU’: refers to the Specific Conditions of Use of the service that contain the legal and local specificities of the country.
‘SCUC’: refers to the Specific Conditions of Use of the OuiCar Connect service.
‘User(s)’ and/or ‘Member(s)’: individual over 18 years of age or legal entity, holder of a Member Account on the Platform, likely to use it after acceptance of the GCU.
‘Vehicle(s)’: refers to the four-wheeled land motor vehicle with a GVWR of less than or equal to 3.5 tonnes, subject to an insurance obligation and registered in the country that is owned by the Owner and made available to the Rental Customer via the Platform.
‘Visitor(s)’: any person visiting the Platform but not having the status of User.
The purposes of these GCU are to:
- Define the general conditions of access and use of the Platform and the online service offered on it;
- Specify the framework of the relationship between Users and the Platform.
The particular conditions that are specific to the law of the country where the rental is entered into are stated in the SCU, available HERE.
The relationship between the Owner and the Rental Customer is defined in the Rental Agreement.
OuiCar is not a party to the Rental Agreement between the Owner and the Rental Customer.
The contractual documents (hereinafter ‘the Contractual Documents’) that are binding on Users are, in decreasing order of priority:
- The SCU (Specific Conditions of Use of the Service, available HERE).
- The SCUC (Specific Conditions of Use of OuiCar Connect, available HERE) if the User has rented a Vehicle equipped with a Connect box;
- The Rental Agreement and its annexes.
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 GCU, SCU and SCUC form an indivisible whole.
Once the Contractual Documents have been accepted and/or signed by the User, they are enforceable on him or her. The Contractual Documents appearing online on the www.ouicar.fr, www.ouicar.com, www.ouicar.es and www.ouicar.co.uk Websites that were accepted at the time of the rental by the User prevail over all paper or electronic versions with prior dates.
The User can benefit from the Services offered to him or her on the Platform only provided he or she accepts these GCU. The User may not use the Service without first having read and accepted the GCU when registering on the Platform.
The acceptance of these GCU, in the form of a ‘checkbox’, constitutes proof that the User has read the said provisions via the Website or the Application and constitutes acceptance of these GCU.
These GCU are available and accessible online via the Website or the Application.
The User declares that he or she has obtained from OuiCar all necessary information regarding the Services offered and that he or she fully agrees with these GCU.
The User can save and print these GCU using the standard functionalities of his or her browser or computer.
These GCU come into force on the date they are put online and are enforceable as soon as they are accepted by the User at the time of his or her registration in the Member Area.
These GCU are enforceable throughout the period of use of the Services and until new GCU replace them.
The GCU appearing online on the Platform take precedence over any printed version of an earlier date.
This GCU supersedes any previous version.
The User may at any time waive the use of the Services and the Platform but remains bound in relation to any previous use.
OuiCar reserves the right, at its sole discretion, at any time and without notice, to adapt or modify these GCU including the SCU, SCUC, Rental Agreements, the financial terms for the Service, insurance conditions or any other document related to the Platform. Users will be given notice of changes to these GCU through a ‘pop-in’ window. If the User disagrees with this notified new version of the GCU, he or she is free to stop using the Services.
The new version of the GCU will be published on the Website or via the Application.
OuiCar will notify the User of any changes to these GCU no earlier than 10 (ten) days before their entry into force.
The User may comment on the new version of the GCU within 30 (thirty) days of receipt of notification of the GCU changes. After this period, the new GCU will be deemed to have been accepted by the User. Such comments should be sent as required in the article ‘Complaints’ of the SCU, available HERE.
If a User does not accept the new GCU, 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 GCU will be deemed to have been accepted by the User who, at the time of the next rental, will specifically accept the GCU by means of a checkbox on the rental contract concluded between the Owner and the Rental Customer.
6.1 Access to the Platform
The Platform is accessible 24 hours a day, 7 days a week. Access to and registration on the Platform and the Application is free of charge.
However, OuiCar reserves the right, without notice or compensation, to temporarily or permanently close the Platform or access to the Remote Services, in particular to carry out updates, maintenance operations, modifications or changes to operational methods, servers and accessibility times and, in the event of an anomaly, do everything possible to make the Platform accessible and operational, operations for which the User will be informed by any means and as quickly as possible.
OuiCar will not be liable for the non-completion of a rental or damages of any kind that may result from such operations where 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 Services associated with it.
OuiCar reserves the right to add to or modify, at any time, the Platform and the Services available on it depending on technological developments and new legislative regulations.
It is the responsibility of the Visitor or the User to ensure that his or her computer and means of transmission are in good working order and up to date in order to benefit from the functionalities of the Website and the Application and to cope with any changes to them.
In the event of the interruption to or impossibility of using the Platform, the User may contact OuiCar’s Customer Services, the contact details for which can be found in the ‘Complaints’ section of the SCU, available HERE.
6.2 Access to the Member Area
Some of the functionalities of the Platform and use of the Services are reserved and are only accessible to Users after identification, using their personal identifier and password, and on acceptance of the GCU.
To open a Member Account and thus become a User, the Visitor must first complete the form that is available online on the Platform under his or her true identity.
It is strictly forbidden for any Visitor to create more than one Member Area.
On registration to the Platform, the User becomes the guarantor and is responsible for his or her Member Account.
OuiCar reserves the right to accept or reject, by email, any application that does not meet the obligations in these GCU.
The registration procedure for the Member Area includes the following steps:
- Step 1:
The Visitor completes a registration form on the Website by filling in the following obligatory data:
- First name;
- Email address;
The Visitor can also register by connecting with his or her Facebook account.
In the event of the use of a pseudonym on the Facebook platform, the User must modify his or her personal information in his or her Member Area and, in particular, his or her title, first name and surname and check his or her email address.
- Step 2:
After carefully reading the GCU, the Visitor validates and unreservedly accepts these GCU by ticking the box provided for that purpose. By accepting the GCU, the Visitor then becomes a User and/or Member of the Platform.
- Step 3:
Once the information has been entered, the Visitor validates the form and receives an email confirming the email address provided.
The User has the choice of whether to subscribe to the OuiCar newsletter by means of a ‘checkbox’ in the settings of his or her Member Account.
When registering, the User must provide the information required by OuiCar. Such information must be accurate, genuine and proven and must be updated regularly by the User.
The User must provide a valid email address that will allow, in particular, the sending of an email confirming his or her registration.
The User undertakes not to create or use any accounts other than the one initially created, whether under his or her own identity or that of third parties, except with the prior written consent of OuiCar. Failure to do so may result in the suspension of his or her Member Account and all Services associated with it.
The User is responsible for the protection, use and confidentiality of his or her identifiers, password and other confidential data that may be sent to him or her by OuiCar.
The User undertakes to take all necessary and appropriate measures to ensure full confidentiality. Under no circumstances should he or she communicate his or her password to a third party, choose a password that is easy to discover or make it easily accessible (computer file containing all of the user’s passwords, code in plain text in the mobile telephone address book, post-it, etc). In any event, he or she is solely responsible for the measures taken when they are under his or her exclusive control.
Any use of an identifier and password implies that the Platform Services are being used by the User to whom they belong.
The User undertakes to notify OuiCar without delay of any communication to third parties or theft or compromising of his or her password.
Such notification must be sent to Customer Services the contact details for which are contained in the ‘Complaints’ section of the SCU, available HERE. Only the date of receipt of such email will bind OuiCar and the User.
OuiCar provides you with:
- all means, in its account creation interface, enabling you to choose a robust password (8-character requirement, recommendation of upper and lower-case letters and numbers, warning on the quality of the password that, when it is qualified as ‘too weak’, cannot be used);
- the service necessary to change your password all times guaranteeing the same requirements in the choice of password;
- the means of contacting us to inform us of any difficulty or compromising of your password, OuiCar undertaking to process such notification as soon as possible.
In addition, OuiCar implements appropriate technical and organizational measures to secure passwords by saving the encrypted passwords of its Users in a database.
6.3 Suspension of Services
OuiCar implements all measures regarding the use of the Platform but is not bound by a general monitoring obligation.
OuiCar has the right to carry out monitoring operations at any time and may, on such occasion, notice the proven non-compliance by a User of any of the provisions of these GCU.
OuiCar has the possibility of choosing, at its sole discretion, the reaction that it deems the most appropriate in compliance with the GCU to suspend the Platform Services:
- Inform the User of such non-compliance by asking him or her to remedy it;
- Cancel the rental booked by the User;
- Moderate the User’s Advertisement and/or Member Account;
- Delete the User’s Advertisement.
In the event of cancellation, moderation or deletion, the User is notified by email as soon as possible.
The removal of access to his or her Member Account and Services results in the termination of these GCU, the conditions of which are set out in Article 17 ‘Resolution and termination’ of these GCU.
Under no circumstances will OuiCar be liable for any moderation and/or deletion of an advertisement and/or deletion of access to the Member Account and Services if such decision is based on the failure by the User to comply with his or her obligations.
In all situations, OuiCar applies its best efforts to ensure a quality service based on the trust of Users.
In the specific case where the Owner is charged for damage occurring during a OuiCar rental or in the event of assistance following a breakdown or accident, the advertisement for the damaged Vehicle will be suspended for as long as the Owner can justify to OuiCar, on the presentation of invoices, the repairs to the Vehicle.
7.1 Conditions of access and use of the service
OuiCar provides Users, directly or through partner sites, with an online service space for searching and short-term renting of vehicles, not including a driver.
It is specified that, under no circumstances and at no time, is OuiCar the Owner or possessor of the Vehicles offered for rental on the Platform. OuiCar is only a technical intermediary who acts in the name and on behalf of Owners.
7.1.1 Conditions specific to Owners
Access to the Service reserved for Owners must comply with the Specific Conditions of Use, available HERE.
7.1.2 Conditions specific to Rental Customers
Access to the Service reserved for Rental Customers and the Additional Conditions must comply with the Specific Conditions of Use, available HERE. The Rental Customer has the option, at any time, of scanning and uploading to the Platform any proof necessary for the rental, in particular his or her driving licence and identity papers. All of the documents of the Rental Customer and the additional Drivers must be legible in order to verify compliance with the rental conditions.
7.1.3 Conditions specific to Vehicles
The motor Vehicles eligible for the Service must comply with the Specific Conditions of Use, available HERE.
OuiCar Connect Vehicles must meet the conditions referred to in the SCUC, available HERE.
OuiCar reserves the right to accept or refuse a Vehicle for technical reasons.
Each User undertakes to provide OuiCar, on request, with any document and proof enabling him or her to certify the type and condition of the Vehicle and its insurance. If such information is not sent on first request within a reasonable time, OuiCar reserves the right, without notice, compensation or reimbursement, to withdraw the advertisement for the Vehicle in question until the cause of the suspension has been duly justified by the Owner or delete the advertisement for the Vehicle in question in the absence of a serious justification.
7.1.4 Conditions specific to the rental
It is specified that the intended rental is possible only for private and professional travel (excluding commercial transport of goods and people, deliveries, sub-renting or lending for a fee or free of charge) in the countries and subject to the rules described in the SCU, available HERE.
It is agreed that the Owner and the Rental Customer are separate persons and that an Owner cannot rent his or her own Vehicle to him or herself or to any other User related to him or her or who is in the same household.
Any breach of these provisions may result in the cancellation of the rental by OuiCar and the closure of the Member Account of the Users of the Platform.
7.2 PRICES FOR THE SERVICE
7.2.1 Rental price
The rental price between the Owner and the Rental Customer is calculated according to several criteria:
- The price per day and per kilometre, determined by the Owner and,
- The number of kilometres and the duration of the rental, determined by the Rental Customer.
The price of fuel is not included in the total rental price.
The price per day and the price per kilometre are determined at the discretion of the Owner. In order to avoid excesses and abusively low prices, OuiCar proposes a benchmark price for the price per day and the price per kilometre. This benchmark price, included in the Platform, takes into account the rates charged by the market and competition and is offered as an indication to the Owner, who can change it at any time.
Depending on the duration of the rental, OuiCar also offers a scale of automatic discounts calculated in levels. All of the terms are specified on the Platform.
In any event, the prices offered by OuiCar are not binding and leave the Owner free to determine the average price per day of rental.
7.2.2 Insurance premium
When paying for the rental on the Website or Application, the Users take out insurance enabling them to benefit from insurance coverage during the rental period that complies with the insurance laws specific to the country where the rental takes place.
OuiCar also allows the Rental Customer to reduce the amount of his or her excess by subscribing to one of the ‘Excess Reduction’ options.
Details of the insurance conditions are contained in the SCU, available HERE.
7.2.3 Fees for proposing the contact
The rental price paid by the Rental Customer, excluding the excess reduction option, comprises the following:
- 70% (seventy percent) of the rental price paid to the Owner once the rental is completed;
- The insurance and assistance premium due by the Owner to the insurer;
- The balance, corresponding to the Platform OuiCar fee for connecting the two parties, is collected according to the following steps:
- OuiCar receives the full rental price (rental price, insurance and assistance premiums and fees for connecting the two parties) at the time the rental is validated and paid by the Rental Customer.
- At the end of the rental period, the Rental Customer and the Owner carry out the return inspection and adjust the kilometres travelled and the fuel consumed if more than the terms of the rental contract initially agreed via the Website or the Application. OuiCar can also collect these additional costs.
- On the Tuesday following the end of the rental period, OuiCar pays 70% (seventy percent) of the rental price.
- Lastly, OuiCar pays the insurance premium to the insurer AXA and the assistance premium to Opteven in the name and on behalf of the Owner.
It should be noted that the payment to the Owner may, however, be delayed for reasons relating to banking constraints and/or force majeure events as defined by case law and/or the applicable laws.
OuiCar may also suspend payment to the Owner in the event of administrative or legal verifications. OuiCar will apply its best efforts to limit the claim time and inform Users by all means about any delays in processing.
The Owner specifically declares that he or she gives OuiCar a mandate to collect the various sums (total rental price, deposit, penalties, file management fees) in the name and on behalf of the Owner.
7.3 Operation of the Service
The use of OuiCar’s online service includes the key steps set out below in this Article.
7.3.1 Placing of an advertisement by the Owner
The Owner places one or more rental advertisements for his or her Vehicle online, specifying, in particular, the location of the rental, the days the Vehicle is available and the desired price for the rental. One Vehicle rental advertisement corresponds to one Vehicle only.
The SCU, available HERE, applies in compliance with the insurance laws specific to the country where the rental takes place.
In the event that the Owner is acting as a Professional, it undertakes to indicate in its advertisement the opening and closing hours of its agency so that the Rental Customer is duly informed, failing which the Owner must refund the Rental Customer the rental price. OuiCar reserves the right to charge the Owner an additional penalty of €40 (forty euros), VAT included, and may suspend its Member Account if the rental schedule has not been updated.
An Owner who changes the Vehicle in an initial reservation for another Vehicle undertakes to replace it with one of its available vehicles of the same category and the same Sécurité et Réparations Automobiles group [Automobile Security and Repairs Association] (SRA) (SRA Group less than or equal to 35/SRA Group greater than 35) in order not to cancel the reservation made by the Rental Customer.
In any event, the initial rental price corresponding to the initial Vehicle remains unchanged.
The Rental Customer can always cancel his or her reservation after the change of Vehicle by the Owner, in accordance with the cancellation conditions mentioned in Article 7.3.6 of these GCU.
The Owner completes a form in his or her Member Account for each Vehicle that he or she offers for rental that includes the characteristics of the Vehicle. He or she undertakes to indicate the essential specificities of his or her vehicle (in particular the height when it is a commercial vehicle...) and ensure that the warrant of fitness is up to date.
The advertisement is made public on the Platform without any monitoring or approval by OuiCar.
The User acknowledges that OuiCar does not modify any content of the advertisements and that it cannot, therefore, be held liable. The Owner guarantees OuiCar that he or she is not in breach of any agreement entered into with third parties.
7.3.2 Choice of Vehicle by the Rental Customer
A Visitor wishing to rent a Vehicle carries out a search for the desired location and rental period.
He or she obtains the product information for the Vehicle, which specifies, in particular, the make and year of the Vehicle, the average daily price, the kilometric price and availability of the Vehicle, a description of the Vehicle, the conditions of use and the evaluations of the Vehicle and/or the Owner by previous rental customers, if any. The Rental Customer must also ensure that he or she has all of the necessary information about the Vehicle, such as the height and width of the Vehicle (etc). The Rental Customer will be able to request such information from the Owner via the Platform’s messaging system.
7.3.3 Rental request issued by the Rental Customer
To make a rental request, the User must log into his or her Member Account to book the Vehicle of his or her choice. Several rental requests can be made by the User.
7.3.4 Acceptance by the Owner of the booking or rental request
According to the defined settings, the Owner receives an SMS, a push notification and/or an email notifying him or her of the booking or rental request issued by the Rental Customer.
It is the responsibility of the Owner to validate the rental request within 24 (twenty-four) hours of the issuing of the rental request and, for rental requests made at the last minute, before the start of the rental.
The User is informed that OuiCar cannot be held liable for any failures by the Owner, in particular, but not exclusively:
- in the absence of validation of the Rental Customer’s reservation request;
- in the event of non-compliance with the 24 (twenty-four) hour deadline for validating the Rental Customer’s reservation request;
- in the event the reservation request is denied;
- if there is no reply to the Rental Customer’s messages.
7.3.5 Online payment by the Rental Customer
The Rental Customer then has 48 (forty-eight) hours in which to pay the rental price or, for last-minute rental requests, up to the beginning of the rental period.
Payment is made exclusively online on the OuiCar Platform by means of a valid payment card with the first and last names of the Rental Customer. Cards from prepaid accounts (eg, Nickel accounts) and virtual cards are not accepted. As payment service provider for OuiCar, the Dalenys company, 55 Rue Raspail 92300 Levallois Perret, offers a solution that presents highly secure pages for entering payment data: card number, expiry date and visual cryptogram.
Once a reservation has been accepted by the Owner and paid for by the Rental Customer, OuiCar provides the Rental Customer with the full contact information of the Owner so that he or she can obtain further information from the Owner.
The Rental Customer receives an email:
- acknowledging receipt of the issuing of his or her online reservation request;
- summarizing the details of the Vehicle rental.
OuiCar receives the rental price paid by the Rental Customer in a separate account, being the equivalent of the Rental Customer’s agreement to the offer.
Any payment between the Owner and the Rental Customer must be made through OuiCar into the separate account opened for such purpose with Banque Populaire (for France) or BNP (for Spain).
OuiCar receives a mandate from the Owner for the purpose of opening a separate account in the Owner’s name and on his or her behalf.
7.3.6 Cancellation of the reservation
220.127.116.11 General principle of cancellation by the Rental Customer or Owner
The Rental Customer and the Owner can cancel a reservation at any time before the start of the rental period. The Rental Customer and the Owner are invited to inform each other of a cancellation as soon as possible, it being specified that the cancellation can only be made through the OuiCar Platform.
In the event of disagreement between the Owner and the Rental Customer, OuiCar may, on specific request by the Owner or the Rental Customer, act as an intermediary to assist them in the amicable resolution of their dispute.
In the event of the cancellation of a reservation, an automated note that the cancellation has been made will appear among the User’s evaluations.
18.104.22.168 Cancellation of the reservation by the Owner
In the event of cancellation by the Owner, OuiCar will refund the Rental Customer the rental price and any subscribed options, the total of which will be deducted from the Owner’s bank account.
22.214.171.124 Cancellation of the reservation by the Rental Customer
In the event of cancellation by the Rental Customer or in the event of cancellation following non-compliance with the rental conditions by the Rental Customer, the cancellation policy is as follows:
- If the cancellation occurs more than 24 (twenty-four) hours before the start of the rental, the full amount of the rental as well as the insurance options subscribed are paid back to the Rental Customer by OuiCar;
- If the cancellation occurs less than 24 (twenty-four) hours before the start of the rental, OuiCar will keep 35% (thirty-five percent) of the total amount of the reservation, subject to OuiCar paying 70% (seventy percent) of the amount recovered to the Owner and returning the balance to the Rental Customer, unless proof of a fortuitous or force majeure event is provided. Force majeure or fortuitous events are specifically those habitually defined by the case law of the competent courts and tribunals. In such situation, the insurance options are fully reimbursed.
126.96.36.199 Cancellation of the reservation by OuiCar
OuiCar reserves the right to verify 48 (forty-eight) hours before the start of the rental that the Rental Customer has the financial capacity to cover the minimum amount of the deposit in accordance with the provisions of Article 11.1 of these GCU.
In the event of failure of the financial transaction for a reservation made more than 48 (forty-eight) hours before the start of the rental period and validated by a payment received by OuiCar on a separate account, OuiCar will then cancel the rental and retain 35% (thirty-five percent) of the total amount of the reservation, OuiCar being responsible for paying 70% (seventy percent) of the amount to the Owner and the balance to the Rental Customer.
In the event of a reservation request occurring less than 48 (forty-eight) hours before the start of the rental, if the financial transaction corresponding to the payment of the rental and the amount of the deposit fails, the Rental Customer’s reservation will not be validated.
7.3.7 Provision of the Vehicle and Rental Agreement
After having accepted the contact provided via the Service, the Users have access the Vehicle and carry out the necessary checks on the agreed day of the rental.
On the day the Vehicle is made available, the Owner and the Rental Customer will jointly check and sign the Rental Agreement. The obligations under the Rental Agreement, as well as those of the Users, the Owner and the Rental Customer, are set out in Article 8, ‘Obligations of users’, of these GCU.
As a technical platform, OuiCar is not a party to the Rental Agreement between the Owner and the Rental Customer.
The Owner declares that the Rented Vehicle is in good working order. However, the Rental Customer may, during the first 20 (twenty) kilometres of the beginning of the rental period, check the actual condition of the Vehicle. Any exceeding of such distance will be deemed to be full acceptance by the Rental Customer of the condition of the Vehicle that will, therefore, be deemed to be free of any apparent malfunction.
If, however, the Rental Customer considers that the condition of the Vehicle is not in conformity with the advertisement at the end of the first 20 (twenty) kilometres, it will be up to him or her to produce, within 24 (twenty-four) hours from the beginning of the rental, sufficient evidence attesting to the non-conformity of the advertisement (photos, etc) by contacting the OuiCar Customer Services, the contact details for which are included in the ‘Complaints’ Article of the SCU, available HERE.
7.3.9 Extending the reservation
Once the rental period has started, it is possible to extend it.
To do this, the following conditions are required:
- the Rental Customer must first contact the Owner to obtain his or her agreement in principle;
- the Rental Customer must then issue an extension request via the Platform booking page;
- the Rental Customer must pay the additional amount by credit card on the Platform;
- the Owner is then informed of such request by email;
- lastly, the Owner must formally accept such extension request by clicking on ‘I accept’ on the booking page of the Platform.
If the Owner accepts the extension request, the Rental Customer’s payment card is then debited and the Rental Agreement is extended.
Any extension will be made under the same insurance coverage conditions as the initial rental request. The Rental Customer cannot benefit from an option not subscribed to at the time of the initial request.
The price for each additional day during the extension is the average daily price effective at the time of the initial reservation plus the kilometres to be driven.
If the Owner does not accept the online extension request by Rental Customer before the end of the original Rental Agreement, the Rental Agreement between the Parties will expire on the date originally scheduled. In addition, as the Vehicle is no longer covered by the insurance, it must be returned to the Owner on the date initially provided for in the Rental Agreement.
Any extension of the rental period that does not comply with this procedure will not be considered valid by OuiCar and, consequently, the Vehicle, the Rental Customer and any additional Drivers will not be insured during the extension period. The Rental Customer will thus be solely liable for any damage and will be fully liable as a result of the extension that has not been consented to by the Owner.
7.3.10 Vehicle return and fuel level
The Rental Customer will return the Vehicle with the same fuel level as the start of the rental, failing which the penalties set out in Annex 1 below will apply. If the Rental Customer has added too much fuel, the latter cannot claim any repayment from the Owner, unless otherwise advised by the latter.
7.3.11 Driving offences during a rental
The rules relating to driving offences or any other local specificities are referred to the SCU, available HERE.
7.3.12 Days and kilometres not driven
In certain situations, the rental may not end on the date agreed between the Owner and the Rental Customer. When the Owner and the Rental Customer of the Vehicle have not been able to agree on an amicable settlement between them, the Parties mandate OuiCar to reimburse the kilometres and days not driven on a pro rata basis, per half-day, on the basis of the average day price under the following conditions:
- In the event of an early return of the Vehicle by the Rental Customer
The Rental Customer cannot claim any reimbursement for the days and kilometres not driven unless there is a written agreement between the Parties stating the number of kilometres not driven at the time of the return inspection. The insurance and assistance options, the insurance and assistance premium and OuiCar contact fees will not be refunded.
- In the event of an early return of the Vehicle decided by the Owner
The Rental Customer will be entitled to reimbursement for the days and kilometres not driven, which the Owner accepts. The insurance and assistance options, the insurance and assistance premium and OuiCar contact fees will not be refunded.
- In the event of a breakdown
The Rental Customer will be entitled to reimbursement for days and kilometres not driven, unless there is proof of an abnormal use of the Vehicle by the Rental Customer under the conditions provided for in Article 11, ‘Disputing damage’, of the Rental Agreement. The insurance and assistance options, the insurance and assistance premium and OuiCar contact fees will not be refunded.
- In the event of damage that immobilizes the Vehicle during the rental period
The Rental Customer will be entitled to reimbursement for the days and kilometres not driven, which the Owner accepts, regardless of any penalties, excesses or deposit. The insurance and assistance options, the insurance and assistance premium and OuiCar contact fees will not be refunded.
In all situations, the Rental Customer who wishes to obtain a refund for kilometres and days not driven must request such refund from OuiCar in accordance with the ‘Complaints’ Article of the SCU, available HERE, before the end date of the rental initially provided for in the Rental Agreement, failing which no refund will be made.
- In the event of kilometres not driven during the rental period
The refund will be made at the sole discretion of the Owner, who is entitled to accept or refuse the request by the Rental Customer.
7.3.13 Retaining of the Vehicle following an extension of the rental period
The Rental Customer and the Owner may jointly agree to extend the Rental Agreement in accordance with the conditions in Article 7.3.9 of these GCU.
7.3.14 Abandonment of the Vehicle by the Rental Customer
The abandonment of the Vehicle is proven by the failure to return the keys and the absence of a return inspection by both parties. The Rental Customer is fully liable to the Owner. In this specific situation, the Rental Customer will reimburse all return and travel expenses incurred by the Owner, provided that the Owner provides the relevant invoices. The Rental Customer will be charged a 3% administration fee that will be paid to OuiCar.
7.3.15 Failure to return the Vehicle due to force majeure or fortuitous events
If a force majeure (concepts habitually defined by the case law of the competent local courts and tribunals) or fortuitous event (a situation that is impossible to foresee) occurs that prevents the Rental Customer from returning the Vehicle within the time limits provided for in the Rental Agreement (examples: vehicle requisitioned by the Police, Customs, etc), the Rental Customer and the Owner undertake to give priority to a negotiated agreement between themselves.
8.1 Obligations to comply with GCU
The User undertakes to use the Platform only under the conditions defined in these GCU, in particular:
- use the Member Area only under the conditions defined by OuiCar;
- not misuse the Platform for personal purposes;
- not commit any act of counterfeiting;
- not harass, denigrate or insult others;
- act in good faith towards the various Users and OuiCar.
The User is responsible for the use of the Service and his or her acts on the Platform. The User undertakes to use the Platform in a reasonable manner, in compliance with these GCU and applicable laws and regulations, in particular laws relating to intellectual and industrial property, information technology, data protection and privacy.
The User guarantees OuiCar that he or she properly complies with any regulations that may be applicable to him or her according to his or her legal status, financial role and the advertisements published.
The User undertakes to provide, as soon as possible, any proof or document requested by OuiCar during the use of the Services.
8.2 Obligations related to the evaluation service
OuiCar provides its Users with a system known as ‘comments’ or ‘evaluations’ to enable them to evaluate either the Rental Customer, the Rental Vehicle or the Owner at the end of a rental.
Evaluations and comments are associated with a User. All comments written by Users will be published on the Platform and will include the month and year of publication. No updating of comments by Users is possible.
OuiCar does not modify the content of comments published by Users, which are not subject to any automatic prior checking. Random checks on negative comments may be carried out by OuiCar.
Any User who has a doubt about the authenticity of a comment concerning him or her may report it to OuiCar, provided that he or she or she gives reasons for such reporting.
Users must make measured comments in all circumstances and particularly when using the so-called ‘comments’ or ‘evaluations’ system for the Vehicles and/or other Users.
The User is prohibited from making any comments that are defamatory, slanderous, insulting, inappropriate or abusive or, more specifically:
- hateful, racist, xenophobic, paedophiliac, homophobic, revisionist or that damage the honour or reputation of others or threaten a person or group of persons;
- incite discrimination or hatred against a person or group of persons, in particular on the grounds of their origin, membership or not of a particular ethnic group, nation, race or religion or that approve war crimes or crimes against humanity, contrary to public policy or morality;
- intend to encourage, assist, peddle or in any way propagate rumours and/or breach the privacy of correspondence and thereby breach third party, intellectual property, privacy or image rights;
- harm minors;
- distribute content for advertising or promotional purposes;
- incite suicide or the committing of violent actions against the User or others.
Failure to comply with these principles will result in the deletion of the disputed ‘comment’ or ‘evaluation’. OuiCar will notify the User in question in advance.
The User is also prohibited from inserting any hypertext link to personal sites outside the Platform, sites where advertisements are aggregated by a common search engine or those that do not respect the values and principles defended by these GCU.
The User undertakes to notify any clearly illegal content under the procedure provided for in Article 14, ‘Notification of illegal content’, of these GCU.
8.3 General rental obligations
The Rental Customer and the Owner formalize the rental by signing the Rental Agreement proposed by OuiCar or in its dematerialized version and including the rules necessary for the smooth running of the rental.
All information completed in the initial and return inspection reports must be accurate, perfectly legible and unambiguous.
For the Rental Contract generated via the Application, Users expressly undertake to together complete the expected information and take the 8 (eight) mandatory photos for the initial inspection after each completed action.
During the initial inspection of the Vehicle, the 8 (eight) photos taken by the Rental Customer or Owner must meet the following requirements:
- photos corresponding to the Vehicle rented via the Application,
- non-blurry photos,
- perfectly legible photos,
- quality photos,
- vehicle fully visible and respecting the 8 different angles indicated in the Rental Agreement and the Application boxes, namely ‘Front, Front right corner, Right wing, Rear Right corner, Rear, Rear left corner, Left wing and Front left corner’,
- remove all layers of snow or any covering material (mud, hail, dust, etc) before taking any pictures of the Vehicle,
- activate the flash mode if the photos are taken at night, in dark and/or unlit areas (parking building, country road),
- photos taken as close as possible to the Vehicle (and falling within the requirements of the Application),
- photos taken in an illuminated area.
If an additional Driver is authorized to use the Rented Vehicle, this must be stated in the ‘Additional Drivers’ annex to the Rental Agreement before the Owner signs the Rental Agreement.
When signing the Rental Agreement, the Owner and the Rental Customer will jointly carry out an inspection of the Vehicle. The Rental Customer must declare all damage in the inspection report before taking possession of the Vehicle. Any damage not stated in the inspection report will be presumed to be the direct fault of the Rental Customer.
Users undertake to keep all documents proving compliance with the conditions required by the Rental Agreement and the insurance information notices available on the ‘Our documents’ tab of the page https://www. OuiCar.fr/info/insurance-car#our-docs. These documents may be requested later in the event of a dispute and must be kept for 5 (five) years.
In the event of damage, the signed Rental Agreement and its annexes will be binding on the insurer. It is specifically agreed that the Rental Agreement terminates when the Vehicle the subject of an accident or breakdown is taken away by a towaway truck.
When booking via the Instant Reservation feature, the initial and return dates and times in the Rental Agreement must be respected by both the Rental Customer and the Owner. In other words, the Owner must provide the Vehicle at the initial date and time and the Rental Customer must return the vehicle at the return date and time referred to in the Rental Agreement.
If the Owner uses the Instant Reservation feature, the reservation will be automatically validated on payment by the Rental Customer. The Rental Customer cannot contact the Owner before making the reservation. The Owner thus undertakes to keep his or her rental schedule up to date and meet his or her obligations, failing which he or she is liable to penalties.
These GCU apply to the Instant Reservation feature.
8.3.1 Obligations of the Owner
The Owner undertakes to offer for hire only Vehicles that he or she owns or is authorised to hire that are validly insured, in good working order, the maintenance of which, as recommended by the manufacturer, and any warrant of fitness have been carried out, are up to date and all safety equipment is present and in perfect condition.
The Owner must provide the Rental Customer with:
- a copy of the registration document of the rented Vehicle;
- a copy of the Vehicle’s annual insurance certificate (coloured green);
- AXA insurance certificate as an annex to the Rental Agreement.
At the time of signing the Rental Agreement, the Owner must ensure that the legal obligations, in particular those related to the correctness of the identity, the validity of the driving licence and the ages of the Rental Customer and any additional drivers are strictly respected. The Owner must take a double-sided photo of the driving licence presented by the Rental Customer.
The Owner undertakes to check that the Rental Customer and any Additional Drivers are at least 18 (eighteen) years old and hold a valid driving licence that complies with French regulations and was obtained more than 3 (three) years ago.
The Owner must check the original of the Rental Customer’s driving licence and the original driving licences of all Drivers registered in the Rental Agreement, failing which he or she may be fully liable.
The Owner acknowledges and agrees to promptly respond to any request from OuiCar and/or any administrative or judicial authority that is competent, particularly in the prevention or combating of money laundering. In particular, the User agrees to provide, on request, any proof of address and/or appropriate identity. If he or she fails to respond to such requests, OuiCar reserves the right to terminate access to the Member Account.
8.3.2 Obligations of the Rental Customer
At the time of signing the Rental Agreement, the Rental Customer will ensure that the warrant of fitness of the Vehicle is up to date. He or she must also present the Owner with the original of his or her double-sided driving licence and those of any additional Drivers registered in the Rental Agreement.
8.3.3 Obligations of Users in the event of a breakdown or damage during the rental period
The Rental Customer will inform the Owner and the Platform of the occurrence of a breakdown or damage caused to the Vehicle by any means within 24 (twenty-four) hours.
188.8.131.52 Disputing damage
In the event of a claim not covered by the insurance (exclusion of coverage or less than the excess):
Depending on the insurance conditions previously accepted by the Rental Customer and the Owner, certain claims are not covered by the insurance. For more information, refer to the Insurance Notices, available HERE, and the SCU, available HERE.
The Rental Customer is presumed to be liable for damage suffered by the vehicle during the rental, except where the Rental Customer proves that the damage is due to a hidden defect in the vehicle in accordance with the damage dispute procedure described below. The Owner must always provide the Rental Customer and OuiCar with a quote for the damage described in the ‘damage declaration’ document duly completed and signed by the Parties.
- A Rental Customer who wishes to dispute the evaluation of the cost of the repairs
A Rental Customer who wishes to dispute the cost of the repairs in the first quote must make a written request to the Owner and OuiCar within 5 (five) working days of receipt of the letter or email containing the first quote by the Owner.
If the Rental Customer disputes the first quote, the Owner undertakes to have his or her Vehicle taken to an approved garage, other than the previous one, that is on the list provided by OuiCar in order to produce a second quote. The second quote must be made by the Owner within 10 (ten) working days from the date of the written objection by the Rental Customer. If the Owner refuses to produce a second quote, the amount of the compensation for damage due by the Rental Customer cannot be paid to him or her.
The Parties agree that the lowest of the two quotes will be chosen.
The Rental Customer expressly accepts that:
- the amount in the lowest quote will be immediately debited from his or her bank account by OuiCar and;
- OuiCar will pay that part owed to the Owner for the cost of repairing his or her Vehicle.
The Owner expressly agrees that the amount in the lowest quote will be paid to him or her.
The Rental Customer cannot request a third quote from the Owner unless he or she can specifically demonstrate that the amounts in the chosen quote do not correspond to the damage contained in the damage declaration.
With regard to significant damage (in particular, the upper parts of the Vehicle, etc) that is not covered by the insurance (exclusion of guarantee or less than the excess), the Rental Customer may, if he or she does not agree with the amount in the two quotes, instruct an expert at his or her own expense. In any event, OuiCar will select the lowest quote.
If the Owner and the Rental Customer do not agree on the amount in the chosen quote, the Parties will negotiate between them by either opting for an amicable settlement or applying for an expert to be appointed by the competent local courts.
The Rental Customer and the Owner must correspond directly between themselves.
- The Rental Customer who intends disputing his or her liability
The Rental Customer who intends to disputing his or her liability must inform the Owner within 5 (five) working days and have an expert report carried out, at his or her expense, within one month of the end of the rental period by an expert chosen by him or her.
The Owner undertakes to make the Vehicle available in order for the expert report to be carried out.
The purpose of the expert report will be to determine the circumstances of the damage and any liability of the Rental Customer for abnormal use of the Vehicle.
If the expert report confirms that the Rental Customer is liable, the latter undertakes to repair the damage.
If the expert report concludes that the Owner is liable, the Owner may dispute the report within 5 (five) working days of receiving it. The Owner must, in turn, have a counter-expert report produced at his or her own expense within 15 (fifteen) days of disputing it.
If the counter-expert report confirms the first expert report, the Owner undertakes to repair the damage.
If the counter-expert report contradicts the first expert report, the Owner is invited to refer the matter to the competent local courts for compensation for any loss.
Any expert or counter-expert report that is not sent between the parties within a reasonable time will confirm the presumption of liability of the Rental Customer or the first expert report produced.
If the Owner and the Rental Customer do not agree on the counter-expert report, the Parties will negotiate a settlement between themselves or apply for an expert to be appointed by the competent local courts.
The Rental Customer and the Owner must correspond directly between themselves.
The party who instructs an expert must notify the other party, by any means, of the date, time and place of the carrying out of the expert report.
In the event of a puncture, the Rental Customer is presumed liable unless he or she is able to prove, by way of an expert report, that the puncture is directly due to the abnormal state of wear of the tires of the Vehicle. The Rental Customer must pay for the replacement of the flat tire (an equivalent tire) and 50% (fifty percent) of the replacement of the other tire in the same set, if necessary.
If a claim is covered by the insurance:
Following the Insurer’s processing of the claim, the party who intends disputing the conclusions must directly contact the Insurer, in accordance with the Insurance Notice, available HERE, and the SCU, available HERE.
184.108.40.206 In the event of a mechanical breakdown
In the event of a breakdown of the Vehicle during the rental period, the Owner remains liable for the costs related to repairing the Vehicle, unless it is proven by an expert report, carried out at the Owner’s expense, that the damage is due to abnormal use of the Vehicle by the Rental Customer. The Owner must notify the Rental Customer, by any means, of the date, time and place of the expert assessment. If the Vehicle breaks down, any additional towing and security costs will also be the sole responsibility of the Owner.
However, on presentation of an expert report attributing liability to the Rental Customer for abnormal use of the Vehicle, the Owner can claim payment of an amount for the repairs to the Vehicle. The Rental Customer has the possibility of carrying out a counter-expert report at his or her expense in order to dispute his or her liability. If the Rental Customer is liable according to the expert report, any additional towing costs will be the sole responsibility of the Rental Customer.
If the Owner and the Rental Customer do not agree on the circumstances surrounding the breakdown or if the respective experts reach different and/or disputable conclusions, the Parties will take personal responsibility by giving priority to a negotiated settlement or apply for an expert to be appointed by the competent local courts.
The Rental Customer and the Owner must correspond directly between each other.
The party who instructs an expert will notify the other party, by any means, of the date, time and place of the carrying out of the expert assessment.
In the event of damage to the Vehicle or a Vehicle returned in poor condition to the Owner, the Rental Customer of the Vehicle undertakes to pay the amount requested by the Owner for the repair of the Vehicle or the excess on mere presentation of a quote, unless an expert report proves that the damage is due to a hidden defect in the Vehicle. In the event of damage, any additional towing costs are the sole responsibility of the Rental Customer.
In any event, it should be noted that no deductions will be made by OuiCar for any real and serious disputes or proceedings arising between the Owner and the Rental Customer.
220.127.116.11 Security costs
In all circumstances, the Owner will always be responsible for security costs. However, in the event of impoundment of the vehicle following an event occurring during the rental period, the Rental Customer will be liable for the payment of the costs incurred following impoundment, in particular, the removal and security costs, unless it can prove the Owner was at fault. For more information, Users may refer to the ‘Insurance and assistance’ Article of these SCU, available HERE.
The terms conditions of insurance and assistance are set out in the SCU, available HERE.
The conditions of damage report are mentioned in the SCU, available HERE.
OuiCar provides the Owner with an online, credit card, deposit service in the name and on behalf of the Owner.
This deposit will be set according to which category of the Automobile Safety and Repair (SRA) Group the Vehicle falls:
- SRA Group less than or equal to 35: deposit of €400 (four hundred euros).
- SRA Group greater than 35: deposit of €600 (six hundred euros).
The Owner may not use the deposit in the event of non-compliance with the rental conditions detailed in Article 7.1, ‘Conditions of access and use of the Service’, of these GCU and SCU, available HERE.
The Owner may obtain the deposit, authorization for payment of the excess and penalties from OuiCar only if he or she is able to comply with all the provisions of these GCU and the SCU, available HERE.
Whether in respect of the excess, penalties or amounts to repair the damage, the role of OuiCar will, when requested, consist exclusively of:
- making a request for an authorization of payment on the credit card of the Rental Customer for the amount corresponding to the excess and penalties in the name and on behalf of the Owner;
- proceeding with the deduction of the amount corresponding to the excess and penalties in the name and on behalf of the Owner.
OuiCar does not carry out this verification at the time of rental and cannot be held liable for Users’ non-compliance with these conditions.
The payment by the Owner may only be made through OuiCar if the bank account of the Rental Customer allows it.
In all situations, the Rental Customer expressly authorizes OuiCar to keep a variable amount in a third-party account of a minimum of €400 (four hundred euros) or €600 (six hundred euros) depending on the SRA Vehicle Group, the details of the request and the time between the request and the beginning of the reservation. This deposit is deducted 48 (forty-eight) hours before the start of the rental and for a maximum period of 3 (three) months from the end of the rental as a deposit in the name and on behalf of the Owner. After this period of 3 (three) months, the Owner must directly contact the Rental Customer.
The Rental Customer will be informed at least 72 (seventy-two) hours before the deduction of the deposit.
Penalties are specified in Annex 1 to these GCU.
The Rental Customer expressly authorizes OuiCar to deduct, in the name and on behalf of the Owner and in addition to the amount of the deposit, the sums due for the repair of damage in the event of damage that is not covered by the insurance (and provided that the Parties have agreed on the cost of the repairs) on presentation of a quote, and any excess applied by the insurance in the event of a covered loss.
The deduction can be effectuated by OuiCar only if the Owner is able to provide all documents defined in the ‘Documents to be sent’ Article and sent within the deadlines specified in the ‘Time limits for declaration by the Owner’ Article of the SCU, available HERE.
In the event of damage covered by the insurance, any repair costs incurred by the insured due to wear and tear and obsolescence remain the responsibility of the Owner.
On return of the Vehicle, penalties may apply. The Rental Customer expressly authorizes OuiCar to deduct these sums in the name and on behalf of the Owner.
The deduction may be made by OuiCar only if the Owner is able to provide, within 5 (five) days, a Rental Agreement completed and signed at the initial rental and on return by both parties. The type of costs must also be clearly notified by the Parties, failing which the penalty will not be applied.
If the Vehicle is immobilized during the insurance claim processing period and the repair period, the Rental Customer will not be liable for the cost of additional days.
It is specified that the Rental Customer and the Owner cannot claim the reimbursement by OuiCar of any bank charges or charges incurred as a result of the deductions made.
11.3 Administration fees
The administration fees are specified in Annex 1 to these GCU.
The Owner and the Rental Customer expressly acknowledge and agree that the use of the ‘deposit, penalties and administration fees’ service will be invoiced by OuiCar, which will deduct the various amounts in accordance with Annex 1 hereto.
The assistance received by the Rental Customer is subject to an administration fee of €90 (ninety euros), VAT included, for assistance where the Vehicle is 10 (ten) years old or more. These administration fees are charged to the Rental Customer. In the event of a breakdown, they are the responsibility of the Owner, unless he or she proves that the breakdown is due to the improper use of the Vehicle by the Rental Customer in accordance with Article 11, ‘Disputing damage’, of the Rental Agreement.
In the event of a traffic offence during a rental or any other fee related to the local regulations of the country (eg, parking fines in France), on presentation of a copy of the duly completed and signed Rental Agreement as well as a copy of the parking ticket or any other legal title stating the date and time of the offence, the Owner may instruct OuiCar to recover such penalty by debiting €15 (fifteen euros) from the Rental Customer’s bank card in the name and on behalf of the Owner. In this specific situation, OuiCar will pay €10 (ten euros) to the Owner and keep €5 (five euros) as an administration fee.
11.4 In the event of proceedings and disputes by any Users
By accepting these GCU, the Owner expressly authorizes OuiCar to act in his or her name and on his or her behalf in relation to the Rental Customer. He or she mandates OuiCar to make its best efforts to collect the unpaid, disputed, sums on presentation of supporting documents and keep them in a dedicated account until an agreement has been reached between the Owner and the Rental Customer and/or a decision by any competent authority has been issued.
The Owner is reminded that OuiCar, being a third party to the Rental Agreement, is under no obligation to manage non-payments.
In the event of a lack of success under the extra-judicial and/or judicial procedures referred to above, OuiCar will, under no circumstances, be liable to the Owner for the payment of unpaid rentals.
In the event of damage, the Owner cannot ask OuiCar to deduct an amount from the Rental Customer a second time if the amount of repairs is found to be higher after dismantling. The Owner must contact the Rental Customer directly.
Lastly, if the Rental Customer intends disputing the payment of the excess and penalties, he or she must bring a claim directly against the Owner under the damage dispute procedure agreed to by the Owner and the Rental Customer.
11.5 Time limit for disputing after a deduction
In the event of a dispute about a deduction made by OuiCar from the bank account of a User, the latter has a period of 5 (five) days from the date of the deduction to make a complaint to Customer Services at the address stated in the ‘Complaints’ Article in the SCU, available HERE.
12.1 OuiCar ownership
These GCU do not imply any transfer to the User of any kind of intellectual property rights over the aspects belonging to OuiCar.
The Website, brands, designs, models, images, texts, photos, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, designs or any other information or media presented by OuiCar, without this list being exhaustive, are the exclusive property of OuiCar and are protected by their copyrights, trademarks, patents and any other intellectual or industrial property rights that are recognized under the applicable laws.
Any reproduction and/or presentation, in whole or in part, of any of these rights without the express authorization of OuiCar is prohibited and constitutes an infringement that is sanctioned by the Intellectual Property Code.
Consequently, the User is prohibited from any actions or act likely to directly or indirectly infringe OuiCar’s intellectual property rights.
Under no circumstances can the User use, print or reformat the contents of the Platform for any purpose other than private or family use. He or she undertakes not to download, reproduce, send, sell or distribute, etc, the contents of the Platform.
Each User acknowledges that the information and databases accessible on the Platform are the exclusive property of OuiCar.
12.2 Third-party aspects
Aspects belonging to third parties, such as brands, designs, models, images, texts, photos and logos, without this list being exhaustive, are the exclusive property of their author and are protected by copyright or trademark law or any other right recognized by the applicable legislation.
The User is prohibited from directly or indirectly infringing the property rights of third parties whose content is present on the Platform and is prohibited from using, in any manner whatsoever, the names, brands, logos, software, information, databases and all documents provided to him or her, generally, in the context of the execution of these GCU.
The User undertakes to respect all of the rights of third parties whose content is present on the Platform and is prohibited from inducing any confusion in the minds of the public for any purpose whatsoever.
To this end, the User undertakes to take all necessary measures to protect the said rights with respect to all third parties and, in particular, will replicate all proprietary notices that may be contained in all data, information and, more generally, on the aspects that can be consulted on the Platform or made accessible by third parties.
12.3 Aspects put online by the User and assignment of rights
Assuming that the advertisements are protected by copyright or any other intellectual or industrial property right recognized under the applicable laws, Users guarantee OuiCar against any claims by any rights holders.
The User grants OuiCar, non-exclusively and without consideration, an assignment of rights to use under the following conditions:
- Object of the assignment: any aspect protected under intellectual property law: text, image, sound and, more generally, any aspect that is eligible within the meaning of the Intellectual Property Code;
- Geographical scope: worldwide;
- Duration: for the entire duration of the dissemination of the said content;
- Rights assigned: reproduction rights (ie, be able to digitize the content to make it accessible on the Platform), representation and distribution rights (right allowing OuiCar to be able to distribute the content on its Platform), modification (in order to respect its graphics charter or to make it compatible with its technical performances or any format of support provided as part of the service);
The User authorizes OuiCar to modify the information he or she provides. OuiCar does not keep a copy of the information posted online once deleted by the User.
13.1 Liability of Users
The User is solely liable for the advertisements he or she publishes and for any damage caused by such advertisements.
Users are solely liable for the ‘evaluations’ and ‘comments’ they post and must comply with the rules in these GCU and any applicable laws and regulations.
Users acknowledge and accept that the information they provide and their behaviour or comments about OuiCar may be reported by other Users and subsequently checked by OuiCar on the basis of objective assessment criteria previously stated in Articles 8.1, ‘Obligations to comply with GCU’, and 8.2, ‘Obligations related to the evaluation service’, in particular, without prejudice to the resulting application of Article 17, ‘Resolution and termination’, of these GCU.
The User undertakes to use the online service and the information to which he or she has access to only under the conditions defined by OuiCar and for a purpose that is consistent with public policy, morality and the rights of third parties.
The User undertakes not to disrupt use the Platform by other Users or access the Member Accounts of other Users or those parts of the Platform to which access is reserved.
The User warrants and indemnifies OuiCar, its directors, employees and other representatives against any claims and court orders arising from a breach of their obligations under the law or these GCU.
The User undertakes to notify OuiCar of any change in the data provided and acknowledges that, in default, he or she will remain solely responsible for the consequences, of any kind whatsoever, that may result.
The User undertakes not to collect, use or in any way process the personal data of other Users.
13.2 Liability of OuiCar
It is expressly agreed that OuiCar is bound only by an obligation of means in relation to the provision of the Services. The Parties mutually and expressly agree that OuiCar can be made liable by Users only in the event of proven fault.
OuiCar may be held liable only for personal fault generating a direct loss, excluding any indirect loss as defined by the local case law of the country.
The User is solely liable for his or her choice of Services and their adequacy for his or her needs. No related claims can be made against OuiCar.
Subject to the applicable laws and local laws, no guarantee is given to Users.
Under no circumstances does OuiCar guarantee the solvency of Users, including Rental Customers, even if the deposit service is used.
OuiCar cannot be held liable in the event of a fraudulent or abusive use or the voluntary or involuntary disclosure to any other person of the access codes given to the User. OuiCar cannot be held liable for any loss or damage occurring as a result of the User’s breach of confidentiality obligations.
OuiCar cannot be held liable for any breach of these GCU.
OuiCar does not, under any circumstances, guarantee the proper performance of the Rental Agreements concluded between the Members via the Website, each Member remaining strictly liable for the proper performance of his or her contractual obligations without any claims being able to be made against OuiCar.
OuiCar cannot be held liable for any infringements of Users’ rights in general.
OuiCar cannot be held liable for ‘comments’ or ‘evaluations’ made by Users.
In accordance with the applicable local legislation, OuiCar cannot be held liable for activities or information stored at the request of Users unless it has been duly informed of the existence of clearly illegal content and has not acted promptly to remove it.
OuiCar cannot be held liable for the removal of clearly illegal content published by a User.
OuiCar does not intervene in the relationship between Users, Owners and Rental Customers. It cannot, under any circumstances, be considered to be an Owner or a Party to the Rental Agreement. The role of OuiCar, as a Platform and intermediary, is exclusively limited to facilitating contacts between Owners and Rental Customers.
OuiCar does not guarantee the good condition and proper operation of the Vehicle. Similarly, OuiCar does not guarantee the solvency of Users despite the deposit that is provided.
OuiCar cannot be held liable for the truth of the rental advertisements published on the Platform.
OuiCar cannot have claims made against it or be held liable for and/or following the rental of a Vehicle via its Services.
OuiCar is not liable for the non-conformity of the rental with the information that the Owner provides. OuiCar does not guarantee that the documents required for a rental (ID, driving licence, etc) comply with the conditions required by these GCU and/or the AXA Insurance Contract and the insurance notices. It is the responsibility of the Users themselves to inspect the documents provided by their contracting party to the Rental Agreement.
OuiCar cannot be held liable, either in tort or contractually, for acts due to force majeure or fortuitous events or the actions of a third party or the victim of the damage.
The User acknowledges that breakdowns and physical problems with hardware, computer programs and software or the Internet network, including but not limited to interruptions, suspension or closure of the Service, constitute fortuitous events.
In addition, OuiCar cannot be held liable in the event that the User does not comply with local regulations.
OuiCar cannot be aware of the content of all of the rental offers and evaluation comments by Users.
However, OuiCar undertakes to remove copyrighted or illegal content as soon as possible once the rightful owner has informed it of such content.
Pursuant to Art. 6-I, para. 5, of Law 2004-575 of 21 June 2004, any notification of illegal content to OuiCar must include the following information:
- the date of the notification;
- if the person notifying is an individual: his or her first names, surname, profession, address, nationality, date and place of birth;
- if the notifying person is a legal entity: its form, name, registered office and the body lawfully representing it;
- the name and address of the addressee or, if a legal entity, its name and registered office;
- the description of the disputed facts and their precise location (with a copy of the precise URL of the content);
- the reasons why the content must be removed, including reference to the relevant laws and factual proof;
- a copy of the correspondence sent to the author or publisher of the information or activities in question requesting their suspension, removal or modification or proof that the author or publisher could not be contacted.
It should be remembered that the act, by any person, of presenting content or an activity as being illegal in order to obtain its removal or stop its distribution, even though he or she knows such information is incorrect, may be the subject of sanctions under local laws.
OuiCar processes the Personal Data of the User, for which it is the Controller.
By accepting these GCU, the User specifically accepts that the GCU conditions between OuiCar and the Users, consisting 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 User expressly waives his or her right to withdraw, in accordance with the provisions of the Consumer Code.
17.1 Termination by OuiCar
In the event of a suspicion of fraudulent use of the Member Account of the User that is contrary to these GCU or a breach of the obligations in these GCU, in particular any suspicion of payment other than via the Platform (eg, proposed rate abnormally low, flagrant disproportion between the number of rental requests and the number of actual rentals), creation of a new account under his or her own identity or that of a third party, concealed commercial activity, abnormally high claim rate, suspicion of insurance fraud, criminal offence (including attempts), infringement of the rights of third parties or in the event of a dispute in progress with a User or OuiCar, manifest and repeated non-compliance with elementary rules of politeness with insults or threats to OuiCar’s staff or partners, OuiCar reserves the right, without compensation or notice and without prejudice to any general law actions that may be available to OuiCar, to withdraw access to:
- the Member Account;
- the Online Platform;
- all or part of the Services.
In the event of the withdrawal of access to the Member Account, the rental advertisements posted from such Member Account will also be deleted.
The User acknowledges that OuiCar cannot be liable to him or her or third parties for the consequences of the withdrawal of access to the Member Account.
If OuiCar withdraws access to the Member Account due to network use that is contrary to these GCU, the User undertakes not to create a new account without authorization. In the event of suspension or moderation of a Member Account for non-compliance with the GCU, all vehicles belonging to the Owner (that have been excluded) cannot be directly or indirectly put online nor can they be rented via the Platform.
17.2 Termination by the User
The closure of the Member Account by the User automatically entails the termination of these GCU.
In the event of the death of a User, OuiCar may terminate the User’s account on the production of proof, in particular the death certificate. The Member Account may be transferred to the User’s heirs only following a court decision.
The User (and, in default, his or her rights holders) remains liable for any use of his or her Member Account prior to the withdrawal of access to his or her Member Account and for his or her obligations under these GCU.
OuiCar may also terminate these GCU in the event that invoices are not paid within 30 (thirty) days after OuiCar sends a formal notice by registered letter with acknowledgement of receipt.
These provisions apply without prejudice to any damages and interest that OuiCar may claim under these GCU.
The termination of a Member Account does not terminate legal proceedings (debt collection or other) that were commenced before the closure of the Member Account the subject of the dispute between the various Parties.
The online service space is an automated data processing system. Any fraudulent access to the latter is prohibited and subject to criminal sanctions.
The 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 harmful to the Platform or the 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 User declares that he or she accepts and acknowledges the characteristics, limits and risks of the Internet.
The 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 User is aware that data circulating on the Internet is not necessarily protected, in particular against possible misappropriation and malicious acts.
The 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.
Users are prohibited from distributing malicious code on or via the Website and/or the reservation area.
The User is specifically prohibited from carrying out rebound 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 User must inform OuiCar immediately of any functional failures in the online service.
The User is also prohibited from collecting, in any way whatsoever, information on Internet users and Users without their consent, whether manually or automatically, in particular email addresses, for the purpose of sending unsolicited marketing, spam or email chains, etc.
OuiCar retains the history of the User’s connections to the Member Area.
OuiCar can also track Users’ navigation within the Member using cookies.
The Cookies Policy is an integral part of these GCU.
The acceptance of the GCU by electronic means has, between the Parties, the same probative value as the paper agreement.
Digitalized records 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.
The information transmitted or collected by OuiCar when the Platform and the online service are used is considered to be confidential.
This provision does not prevent disclosure 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 provided them. 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, techniques and working methods.
Events habitually defined by the case law of the competent local courts and tribunals are specifically considered to be force majeure or fortuitous events. If a force majeure or fortuitous event occurs, it is agreed that these GCU will initially be suspended. In the event that the force majeure or fortuitous event lasts for more than two months, these GCU will be fully terminated, unless otherwise agreed by the Parties.
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.
The Parties are independent. Neither Party 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 GCU can be interpreted as creating a company, mandate, agent or employee/employer relationship between the Parties.
The GCU, including the rights and obligations stipulated in them, cannot, under any circumstances, be assigned by the User to any third party.
For the execution of the GCU, the Parties agree to elect their domiciles as follows:
- For OuiCar, at its registered office address.
- For the User, at the address provided at the time of registration.
If any of the provisions herein are held to be invalid or declared invalid pursuant to any law, regulation or following a final decision of a competent court, the other provisions will remain in full force and effect unless the provision or provisions in question were decisive for the commitment by the Rental Customer or Owner.
In the event that OuiCar, a third party to the Rental Agreement between the Owner and the Rental Customer, fails to make progress in the debt collection cases between the Owner and the Rental Customer under their Rental Agreement, despite its best efforts, within one year of the commencement of the relevant case or the end date of the 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 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 27. COMPLAINTS
Any claims must be made in accordance with the terms and conditions set out in the SCU, available HERE.
These GCU are drafted in accordance with, governed by and subject to the law of the country where the rental is effectuated in accordance with the SCU, available HERE.
This applies to substantive rules and rules of form, notwithstanding the places where the 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 conferred on the competent court in the local country 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 GCU, 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 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.
Annex 1 - Penalties and Administration Fees
Amount in euros, including VAT
Penalties due by the Rental Customer and remitted to the Owner
Smoking in a non-smoking Vehicle
Traffic offences or any infringement resulting in a fine or sanction (eg, parking fine (FPS) in France)
Cleanliness of the exterior
On presentation of a quote from the Owner, failing which €15
Cleanliness of the interior
On presentation of a quote from the Owner, failing which €15
Delay in returning the Vehicle
€5/hour up to 24 hours
More than 24 hours: €30/day up to a limit of 5 days
For the dematerialized contract, the price of a full tank of fuel is determined according to the category of the vehicle as follows:
- Mini: €55
- Coupé, cabriolet, classic: €65
- Urban: €70
- Top of the range, mid-size sedan: €80
- 4x4: €85
- Large sedan: €90
- Station wagon, monospace: €95
- Utility: €100
- Minibus: €120
And depending on the volume of fuel present at the time of the initial inspection and the return inspection of the Vehicle. For example, for the Utility category (€100), the calculation of the cost of the additional fuel will be as follows:
- 100% of the full tank: €0
- 87.5% of the full tank: €12.50
- 75% of the full tank: €25€
- 62.5% of the full tank: €37.50
- 50% of the full tank: €50
- 37.5% of the full tank: €62.50
- 25% of the full tank: €75
- 12.5% of the full tank: €87.50
- 0% of the full tank: €100
*This calculation method applies depending on the category of the vehicle.
*In the absence of a dematerialised contract, the cost of a litre of additional petrol is €1.80 and diesel €1.60
Tank not filled
Travel expenses by the Owner to the car pound
On presentation of a quote by the Owner, failing which €100
Tears/burns/stains on seats
On presentation of a quote by the Owner, failing which
Return travel by Owner in the event of being called to assist, except in the event of a mechanical breakdown of the Vehicle
+ in addition to the above penalties, OuiCar will charge the Rental Customer an administration fee
3% owed by the Rental Customer and paid to OuiCar in addition to all of the penalties stated above.
3% in the following situations:
- Additional km
- Fuel not topped up
- Amount of the ticket or parking fine
- Costs of towing a vehicle
- Abandonment of the vehicle
- Failure to return the vehicle to its original location
*NB: no 3% administraton fee for traffic offences and infringements (giving rise to a fine or sanction) but €5 out of the €15 paid to OuiCar
Claims management without RAF
Claims management with RAF
Vehicle theft by a third party
Misappropriation by the Rental Customer
Breakdown management fee
Penalties owed by the Owner to OuiCar
Not updating the rental schedule
Breakdown management fee
3% for not updating the rental schedule