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Specific Conditions of Use (country : France)

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

Please carefully read these Specific Conditions of Use of the Service as they contain important information on the rights and obligations of Users. They include various limitations and exclusions, as well as obligations to comply with laws and regulations applicable in the country.

TABLE OF CONTENTS

ARTICLE 1.     PURPOSE

ARTICLE 2.     ACCEPTANCE

ARTICLE 3.     CONDITIONS SPECIFIC TO THE SERVICE

ARTICLE 4.      SPECIFIC OBLIGATIONS FOR USERS

ARTICLE 5.     SPECIFIC CONDITIONS FOR INSURANCE AND ASSISTANCE

ARTICLE 6.     DAMAGE CLAIM

ARTICLE 7.      NON-PAYMENTS

ARTICLE 8.      COMPLAINTS

ARTICLE 9.      APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

 

ARTICLE 1.     PURPOSE

The purpose of these SCU is to:

  • define the specific conditions of access and use of the Platform and the online service offered on it;
  • specify the specific obligations of Users;
  • specify the specific conditions for insurance and assistance in the event of damage to a Vehicle in the country where the rental is made and the Vehicle is registered.

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.

ARTICLE 2.     ACCEPTANCE

2.1 Acceptance

The User can benefit from the Services offered to him or her on the Platform only subject to acceptance of these SCU. The User cannot use the Service without first having read and accepted the SCU when registering on the Platform.

The acceptance of these SCU 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 SCU.

These SCU 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 unreservedly agrees with these SCU.

The User has the option of saving and printing these GCUs using the standard functionalities of his or her browser or computer.

2.2 Enforceability

These SCU come into force on the date they are placed online and are enforceable as soon as they have been accepted by the User at the time of registration in the Member Area.

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

The SCU appearing online on the Platform take precedence over any earlier printed versions.

These SCU cancel and replace any previous versions.

The User can at any time waive the use of the Services and the Platform but remains bound by any previous use.

2.3 Changes

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

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

OuiCar will notify the User of any changes to these SCU at the earliest 10 (ten) days before they apply.

The User can comment on the new version of the SCU within 30 (thirty) days of receiving notification of the changes to the SCU. After such period, the new GCU and SCU will be deemed to have been accepted by the User. Such comments should be sent either by email or post to the addresses stated in this SCU.

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

In any event, in the absence of any comments, the new SCU will be deemed to have been accepted by the User who, at the time of the next rental, will expressly accept the SCU by means of a checkbox on the Rental Agreement concluded between the Owner and the Rental Customer.

ARTICLE 3.     CONDITIONS SPECIFIC TO THE SERVICE

3.1.1 Conditions specific to the Owner

Access to the Service is restricted to the following Owners of Vehicles who are:

  • registered on the Website and have provided full, up-to-date, information relating to (i) his or her identity, for individuals or (ii) its company, for professionals or legal entities (company name, SIRET/SIREN number, registered office address, telephone number, name and position of the lawfully appointed representative, if applicable);
  • an adult individual with legal capacity;
  • a legal entity with the necessary legal entitlement to rent the Vehicle insured by the legal entity;
  • a professional legal entity in the automobile industry that engages in the trading of cars and light motor vehicles (SIC code 4511Z), trading of other motor vehicles (4519Z), maintenance and repair of light motor vehicles (4520A), maintenance and repair of other vehicles (4520B), retail trade of motor equipment (4532Z), short-term rental of cars and light motor vehicles (7711A), long-term rental of cars and light motor vehicles (7711B), motor vehicle warrant of fitness tests (7120A), other cleaning activities (8129B), motor vehicle manufacturing (2910Z) and retail trade in motor vehicle equipment (4532Z);
  • a non-professional legal entity in the automobile industry, provided that the access has been previously validated by OuiCar.

3.1.2 Conditions specific to the Rental Customer

Access to the Service is restricted to Rental Customers and Additional Drivers who meet the following cumulative conditions, ie, who:

  • are named in the Rental Agreement between the Rental Customer and the Owner;
  • are 18 years of age or older on the day the Rental Agreement is signed;
  • undertake to respect the authorized uses of the vehicle: private and professional travel, excluding commercial transport of goods and people, delivery, sublease or loan, whether for a fee or free of charge;
  • have not been prohibited from driving in France or in the country where the driving licence was issued;
  • are fully capable of driving; and
  • are an individual natural person;

For holders of a European driving licence obtained in one of the countries of the European Economic Area or in one of the European micro-States, those who:

  • are the holder of a valid category B driving licence with more than 0 (zero) points that complies with French regulations and that was obtained more than 3 (three) years before from the date of commencement of the rental, subject to the application of Arts. L.113.8 and L.113.9 of the (French) Insurances Code.

It should be noted that, for French licences issued before 16 September 2013 (‘the pink licence’), all three sides must appear in full on the copy of the front and back.

For holders of a driving licence obtained outside the European Economic Area or outside European micro-States, those who:

  • are the holder of a valid driving licence with more than 0 (zero) points that complies with French regulations and was obtained more than 3 (three) years before the date of commencement of the rental, subject to the application of Arts. L.113.8 and L.113.9 of the Insurances Code; and
  • are the holder of an international driving licence written in French or accompanied by a translation certified to conform with the original or an official translation (by an approved or sworn translator). For licences outside the European Economic Area or outside European micro-States, the international licence is mandatory; and
  • are in possession of a visa attesting to a stay in France of less than one year (after such period, the licence must be converted into a French licence) or a student card; and
  • if the driving licence does not indicate the date it was first issued, the driver must provide a copy of the previous licence or proof produced by the competent authority for the issuing of driving licences certifying that he or she has held the licence for more than 3 (three) years.

The Rental Customer must also have a valid credit card in his or her first and last names. Cards issued for prepaid accounts (eg, ‘Nickel’ accounts) and virtual cards are not accepted. The credit card must belong to the Rental Customer.

The Rental Customer can at any time scan and upload any proof necessary for the rental to the Platform, including his or her driving licence and identity papers. It is specified that all Rental Customer and Additional Driver documents must be legible in order to enable verification of compliance with the rental conditions.

3.1.3 Conditions specific to the Vehicle

Motor Vehicles eligible for service must meet the following cumulative conditions, ie:

  • have a vehicle registration document that is either:
      • In the name of its owner (individual or legal entity), who is the signatory or has given a power of attorney to a third party to sign a Rental Agreement through OuiCar or;
      • In the name of a credit or leasing company with prior written authorization to sublease from the entity in question. The registration document must also include the name of the signatory to the credit or leasing contract that is identical to the name of the person designated as owner in the OuiCar Rental Agreement. If not, it may be liable.
      • In the name of a legal entity represented by any of its corporate officers or a representative of that legal entity;
  • be covered by an insurance contract for a period of one year that is valid and applicable at the time of rental as required by the applicable regulations on the obligation to hold automobile, third-party, civil liability insurance (Art. L.211-1 of the Insurances Code);
  • be registered in mainland France;
  • have a horsepower for tax purposes of less than or equal to 14 hp;
  • be provided to a rental customer in mainland France;
  • have a gross authorised vehicle weight of less than 3.5 tonnes;
  • be a vehicle that can be driven with a category B licence or foreign equivalent, in accordance with Art. R.221-4 of the Traffic Code;
  • if necessary, have an up-to-date warrant of fitness that is not awaiting a counter-visit;
  • not to have undergone any transformations or modifications, particularly with regard to the power of the Vehicle.

3.3.4 Traffic offences and parking fines (FPS in French) during a rental

If the Rental Customer infringes the Traffic Code during the rental period using the rented Vehicle and/or has not paid a fine, the fine and/or parking ticket will be sent to the Owner’s home.

If the fine and/or parking ticket is produced in France, the Owner must not pay the fine or parking ticket otherwise the Rental Customer will be deprived of his or her right to dispute it. The Owner must complete the exemption request attached to the Rental Agreement and the Rental Customer information contained in the Rental Agreement and return it to the competent authorities by registered mail. The fine or parking ticket will then be sent to the Rental Customer for payment (initial amount and any surcharges) and possible withdrawal of points.

In the case of a fine overseas (not in France), the Owner must pay the fine in accordance with the instructions on the infringement notice. In such situation, the amount of the fine (or any surcharges) will be deducted from the Rental Customer and remitted to the Owner to ensure payment of the fine on presentation of a copy of the Rental Agreement duly completed and signed as well as a copy of the infringement notice stating the date and time of the offence.

Penalties will be payable by the Rental Customer in accordance with Annex 1 to GCU available HERE.

For questions about parking tickets, see https://www.stationnement.gouv.fr/fps

3.3.5 Return of the Vehicle not equipped with a Connect box

3.3.5. (a) General principle

The Rental Customer returns the Vehicle to the Owner on the date and at the time specified in the Rental Agreement (if applicable at the time agreed with the Owner) and at the place where it was delivered to him or her at the beginning of the rental.

When the Vehicle is returned, the Rental Customer and the Owner must sign the return inspection section of the Rental Agreement and its annexes in duplicate or the dematerialized version of the agreement via the Application. Each party will keep its copy of the signed Rental Agreement and its annexes.

All completed information for the initial and return inspections must be identical in both copies given to each party (Rental Customer and Owner) and must be fully checked by both parties before signing the Rental Agreement and its annexes. Any additional information completed otherwise than in the presence of any of the parties will not be admissible and will remain unenforceable in the event of a dispute or claim. Likewise, any unilateral modification of the Rental Agreement by one of the parties will not be admissible and will remain unenforceable in the event of a dispute or claim.

3.3.5 (b) Special situations

If the Rental Customer does not return the Vehicle by the date and at the time specified in the Rental Agreement or on the rental extension date, it is the Owner’s responsibility to immediately notify OuiCar and file a complaint at the nearest police station within 48 hours (forty-eight) of the end date of the Rental Agreement. In such situation, the failure to return the Vehicle will give rise to the collection of the late-payment penalties referred to in Annex 1, calculated from the precise time agreed between the Rental Customer and the Owner or stated in the Rental Agreement. A 3% administration fee will also be charged and paid to OuiCar.

If the Rental Customer does not return the Vehicle to the agreed location and if the place of return exceeds a radius of 500 (five hundred) metres from the originally agreed return location, he or she will be liable for any travel and transport costs incurred by the Owner (on presentation of proof). A 3% administration fee will be paid to OuiCar.

3.3.6 Return of the Vehicle equipped with a Connect box

For the return of a OuiCar Connect Vehicle, the Owner and Rental Customer must comply with the provisions of the SCUC, available HERE.

ARTICLE 4.     OBLIGATIONS SPECIFIC TO USERS

4.1 Tax and social security obligations

Users are informed that any income from the Services offered on the Platform may be subject to tax. Users are solely responsible for their tax and social security declarations that relate to the use of the Platform.

It is up to Users to obtain information on:

  • the status of professional or private individual applicable to him or her with regard to his or her use of the Website and its Services and the frequency of rentals that he or she undertakes through the Website;
  • all legal obligations, particularly tax and social obligations, associated with his or her legal status;
  • for more information, see:

ARTICLE 5.     CONDITIONS SPECIFIC TO INSURANCE AND ASSISTANCE

OuiCar is insured by AXA France IARD S.A., a limited company governed by the Insurances Code with a capital of €214,799,030, registered in the Nanterre Trade and Companies Register under the number 722 057 460, and AXA Assurances IARD Mutuelle, a mutual insurance company with fixed contributions for fire, accidents and other risks, SIREN 775 699 309, companies that are governed by the Insurances Code and the registered offices of which are at 313 Terrasses de l’Arche, 92727 Nanterre cedex.

Assistance for OuiCar is provided by Opteven, SIREN number: 379 954 886, ORIAS registration number: 18008174 the platform assistance number for which is 04 26 73 79 36.

The insurance contract is co-insured by AXA France IARD and AXA Assurance IARD Mutuelle.

OuiCar has negotiated a multi-risk insurance product for its Users with AXA. Due to the nature of the insurance purchased (third-party insurance), OuiCar, a policyholder, is a third party to the AXA insurance contract that binds only the beneficiaries of the insurance and the insurer.

This multi-risk car insurance is automatically included in the rentals.

In addition to the automatically included multi-risk insurance, the Rental Customer, when making a reservation, will have the option of subscribing to optional additional insurance and assistance options.

The insurance and assistance options may be taken out through OuiCar (ORIAS number: 16003441), registered on the register of insurance intermediaries as an Insurance Intermediary Agent through Insurance Management Services (Insurance Broker; SIREN 453 317 612; ORIAS number 15003129) and as Insurance Agent, through Opteven (insurance company; SIREN 379 954 886; ORIAS number 18008174).

Any insurance option is attached to a rental and the Rental Customer must subscribe to the desired options for each rental. The option chosen by the Rental Customer supplements the automatically included multi-risk insurance. The conditions of validity of the multi-risk insurance therefore apply to the options added.

Warning: Any failure to comply with these SCU or the respective insurance information notices will result in the non-application of the benefits covered by the included multi-risk insurance and the additional options.

Claims should be made directly to OuiCar under the conditions detailed in Article ‘Damage Claims’ of these SCU.

5.1 Multi-risk insurance included

OuiCar has taken out civil liability insurance for damage suffered by third parties and multi-risk insurance enabling the Rental Customer to benefit from an automobile insurance policy in accordance with Art. L.211-1 of the Insurances Code.

The multi-risk insurance is automatically included at the time of rental without any formalities needing to be completed except those inherent in the declaration of damage.

It is included in the rental price paid online by Rental Customer and provides multi-risk insurance cover for the duration of the rental.

It replaces the automobile insurance contract taken out by the Owner of the guaranteed Vehicle for the entire duration of the rental period, ie, for a maximum period of 30 (thirty) days, renewable for successive periods of a maximum of 30 (thirty) days according to the ‘extension of the reservation’ procedure, up to a total period of 6 (six) months.

When requesting a reservation, the Rental Customer acknowledges and accepts the insurance information notices.

5.1.1 Conditions of validity

Only the persons and Vehicles meeting all of the conditions are eligible to benefit from the OuiCar automobile insurance contract and its options as set out below. The beneficiaries must comply with the specific conditions for Owners and Rental Customers defined in Articles 7 ‘Services’ and 8 ‘Obligations of Users’ of the GCU available HERE.

The AXA insurance contract does, however, provide for exclusions from cover in Article of these SCU.

  • The rental documents

To be eligible for insurance cover, the Owner and Rental Customer must produce the following rental documents:

  • a copy of the OuiCar Rental Agreement completed and signed by the Owner and the Rental Customer or its dematerialized version, including the ‘Additional Drivers’ annex;

or

  • a copy of the OuiCar Connect Rental Agreement completed and signed by the Rental Customer, including the ‘Additional Drivers’ annex;

       and

  • a copy of the front and back of the Vehicle’s registration document;
  • the power of attorney, if applicable, if the Owner of the Vehicle signing the Rental Agreement is not the holder of the vehicle registration document, accompanied by a copy of the identity card;
  • a copy of both sides of the Rental Customer’s driving licence or the international licence translated into French for holders of a licence issued outside the EEA or European micro-States and any additional drivers declared in the Rental Agreement;
  • a copy of the Vehicle’s insurance certificate (coloured green) with a validity period of more than 1 (one) month;
  • the warrant of fitness for the Vehicle that is up-to-date and not waiting for any counter-visit;
  • a company registration certificate of less than 3 (three) months, for any professional legal entities.

All copies must be correctly copied, unmodified, clear and perfectly legible.

  • Territoriality

Territoriality of the guarantee

The guarantee applies to any rental in mainland France of a vehicle with a French registration.

Damage territoriality

The guarantee is granted for the duration of the rental period provided the damage occurs in mainland France or the following countries: Belgium, Luxembourg, Germany, Switzerland, Italy, Spain, Portugal, The Netherlands, Monaco and Andorra.

  • Use of the vehicle

The Vehicle is exclusively used for private and professional travel (excluding commercial transport of goods and persons, delivery, subletting or loan, whether for a fee or free of charge). It cannot, under any circumstances, be used, even occasionally, for the transportation, for consideration, of goods belonging to third parties or passengers.

5.1.2 Risks covered by the insurer

The coverage provided under the multi-risk insurance is subject to an excess, the amount of which is summarized in the following table:

Guarantee

Excess per claim

Limits of the guarantee

Civil liability

None

Personal injury: unlimited coverage.

Material damage: guarantee limited to €100 million; €2 million for fire or explosion.

Criminal defence and proceedings following an accident

After first €385

The guarantee is limited to a maximum of €5,000.

Driver safety guarantee

Excess payable by the Rental Customer of 10% of the Permanent Damage to Physical and Psychic Integrity (AIPP in French).

The guarantee is limited to €150,000.

With regard to the guarantees for fire, explosion, storm, theft, all accident damage, climatic events and attacks, the applicable excess is:

  • 1,000 (one thousand) euros for vehicles in SRA Groups less than or equal to 35
  • 1,500 (one thousand five hundred) euros for vehicles in SRA Groups greater than 35

Namely:

 

Excess per event

Deposit

SRA Group less than or equal to 35

€1,000

€400

SRA Group greater than 35

€1,500

€600

It is specified that, where applicable, the replacement value or expert opinion value is limited to 50,000 (fifty thousand) euros.

For more information on the risks covered by the insurer, Users/Members are invited to refer to the information notices of the AXA insurance contract, available HERE.

5.1.3 Excesses and administration fees

The excess is determined according to the SRA Group of the insured vehicle.

The SRA (Automobile Safety and Repairs) Group is an indicator that provides precise information on the characteristics of the vehicle according to its power and intrinsic dangerousness.

To learn more about the SRA Group, see http://www.sra.asso.fr/informations-vehicules/automobiles/recherche

All excesses are the responsibility of the Rental Customer except in the event of an accident involving a third party who has been found to be responsible. In the event of claims against the other party’s insurance, the Rental Customer must advance the costs, ie, the amount of the excess. The Rental Customer will be reimbursed by the insurer if and only if the claim is successful. 

If the warrant of fitness is not up to date and/or the essential maintenance conditions of the Vehicle are not met, the Owner will be responsible for the excesses.

The excesses can be accumulated depending on the number of impacts suffered by the Vehicle. The accumulation of excesses will only be applied on the advice of the insurer.

OuiCar will also charge the Rental Customer 3% (three percent) of such amounts as an administration fee.

For more details on excesses, please refer to the AXA insurance policy information notices, available HERE.

 5.1.4 Exclusions

The rental insurance contract excludes, among other things, the following cover (for an exhaustive list, refer to the Insurance Contract Notice, available HERE):

  • glass breakage as exclusive damage;
  • tire punctures as exclusive damage;
  • damage that is the direct and exclusive consequence of a lack of maintenance, vehicle wear and tear or mechanical failure;
  • damage caused to the upper parts of the rented Vehicle resulting from non-compliance with the height limits and/or a poor assessment of a passageway;
  • legal protection;
  • non-standard accessories and fittings (roof racks and boxes, advertising signs/paint);
  • ornaments (eg, tuning, stickers, etc) are not covered by the insurance; in the event of damage, the Rental Customer and the Owner will come to agreement between themselves.
  • items transported/contained in the insured Vehicle or in the roof box;
  • the immobilization of the Vehicle following an accident;
  • financial losses (rent owed);
  • damage caused to parts of the Vehicle that are not part of the Vehicle at the time of the accident (roof rack, roof box and any other object inside the Vehicle at the time of the accident);
  • damage caused inside the Vehicle by an object in the Vehicle (eg, damage caused by the object being projected onto the inside walls of the Vehicle);
  • damage caused inside the Vehicle by the driver or passengers of the Vehicle during the rental period (eg, cigarette burn on a seat);
  • theft occurring through the theft of keys except by assault or breaking and entering. Damage committed by members of the insured’s household, family or subordinates, as well as damage committed with their complicity;
  • security costs.

Vehicles excluded from the guarantee are the following, ie, those:

  • with power for tax purposes that exceeds 14 (fourteen) hp;
  • of more than 3.5 (three point five) tonnes;
  • camping cars;
  • two and three-wheeled vehicles;
  • without any annual insurance contract other than the insurance offered by OuiCar for the rental period;
  • with than 9 (nine) seats;
  • used for the transporting of goods and animals;
  • intended for the transporting of persons for a fee such as: driving school, ambulance, taxi, funeral vehicle, excluding carpooling;
  • subleased by the Rental Customer;
  • registered as low-power cars driven without a licence;
  • with a foreign registration or diplomatic or consular plate;
  • with trailers that have a gross vehicle weight exceeding 750 kg.

For more information, Users should refer to the information notices of the AXA insurance contract available under the ‘Our documents’ tab at https://www.ouicar.fr/info/insurance-car#our-docs.

5.2 Assistance 24 hours a day, seven days a week, included

The assistance company acting on behalf of OuiCar is Opteven, SIREN number 379 954 886, ORIAS registration number 18008174, the assistance platform number for which is 04 26 73 73 79 36.

Vehicle assistance benefits are automatically applied if the Rental Customer is in difficulty due to the immobilisation of the Vehicle following a breakdown, material accident, puncture, theft or attempted theft, the theft or breakage of the keys of the Vehicle.

When requesting a reservation, the Rental Customer acknowledges and unreservedly accepts the Opteven insurance contract information notice, which is available under the ‘Our documents’ tab at the page https://www.ouicar.fr/info/insurance-car#our-docs.

The guarantee, which is automatically included in the rental, provides for the payment of:

  • the on-site breakdown service or towing of the immobilized Vehicle to the nearest garage (up to a maximum of 200 (two hundred) euros);
  • the costs for the Owner to recover the Vehicle (one-way costs only);
  • the cost of transporting the Rental Customer and passengers to the point of departure or arrival (up to the limit of the cost of return to the point of departure). This guarantee applies only in mainland France and for the rental of Vehicles that are less than 10 (ten) years old.

For vehicles that are more than 10 (ten) years old, the Rental Customer reserves the right to subscribe to the Mainland France Assistance option.

In the event of travel outside mainland France, the Rental Customer reserves the right to subscribe to the International Assistance option.

For more information on the risks covered by the assistance, Users are invited to refer to the information notice available under the ‘Our documents’ tab at https://www.ouicar.fr/info/insurance-car#our-docs.

With regard to assistance, claims are made directly to Opteven under the conditions detailed in Article  ‘Declaration of claim’ of these SCU.

5.3 Insurance and assistance options

5.3.1 General information

The option is subscribed to by the Rental Customer, after having read and accepted the relevant information notice, at the time of the reservation request or before the beginning of the rental period, except where there are special deadlines for certain options, via his or her personal account. The option cannot be chosen outside these periods.

The rental price displayed at the time of booking does not include the option chosen.

A Rental Customer who subscribes to the option when requesting a reservation must pay the additional price for the option when paying the rental price.

A Rental Customer who subscribes to an option after the reservation request and before the beginning of the rental period, except in relation to certain options, must pay the additional price for the option immediately by way of online payment in accordance with the conditions set out in Article 7.3.5 ‘Online payment by the Rental Customer’ of the GCUs available HERE.

Please note that in the event of a rental extension, the initial choice of the Rental Customer is automatically extended. If the option has been subscribed to for the rental, the option will automatically be included in the extension request. Conversely, if the option has not been subscribed to, the Rental Customer will not be able to add it later when requesting an extension.

5.3.2 Option to partially reduce the excess

In this particular situation, in the event of any damage, the Rental Customer will be liable to pay a non-reducible excess that depends on the SRA Group for the Vehicle, ie, 250 (two hundred and fifty) euros for SRA Group 34 and lower or 400 (four hundred) euros for SRA Group 35 and over, which will be deducted from the amount paid by the insurer.

This option is only applicable for one claim per rental, ie, the first one that occurs.

Reducing the excess is excluded in certain situations, in particular in the event of:

  • damage to the guaranteed Vehicle when it is parked and the third party has not been identified;
  • theft by a third party or misappropriation;
  • a novice driver (under 18 (eighteen) years of age or driving licence issued less than 3 (three) years ago) or not named in the Rental Agreement;
  • fuel error;
  • a false declaration;
  • vandalism;
  • damage that does not result in any liability and/or compensation by the insurer of the automobile insurance contract

For more information, Users are invited to refer to the information notice on the Partial Excess Reduction option.

5.3.3 Total Excess Reduction Option

The total reduction of the excess owed by the Rental Customer applies in the event of that the Vehicle catches fire and damage caused by any accident. This option is only applicable for one claim per rental, ie, the first one that occurs.

The total reduction of the excess is excluded in certain situations, in particular in the event of:

  • damage to the guaranteed Vehicle when it is parked without the third party having been identified;
  • theft by a third party or misappropriation;
  • a novice driver (under 18 (eighteen) years of age or driving licence issued less than 3 (three) years ago) or not named in the Rental Agreement;
  • fuel error;
  • a false declaration;
  • vandalism;
  • damage that does not result in any liability and/or compensation by the insurer of the automobile insurance contract.

For more information, Users are invited to refer to the information notice relating to the Total Excess Reduction option, available HERE.

It should be noted that the price of the total and partial excess reduction options varies depending on:

  • criteria of the vehicle category as stated in the vehicle registration document (passenger car or commercial vehicle),
  • the SRA category of the vehicle and
  • the duration of the rental.

The price of these options is indicated in the steps presented to the customer before paying for the rental.

5.3.4. Mainland France Assistance option

In the event of the immobilisation of the Vehicle following a breakdown, material accident, puncture, theft or attempted theft, the guarantees under the Mainland France Assistance option apply only in mainland France, Monaco and Andorra and to Vehicles that are more than 10 (ten) years old. Travel may not exceed a period of 6 (six) months.

The guarantees provide the Rental Customer and passengers in the vehicle, up to the limit of the number of seats authorised in the vehicle’s registration document, with the choice of assistance according to the circumstances:

  • the cost of transporting people to their destination or
  • the cost of transporting people to their point of departure or
  • waiting nearby up to a limit of one night in a hotel.

For more information, Users are invited to refer to the information notice relating to the Mainland France Assistance option, available HERE.

5.3.6. International Assistance option

The guarantees offered when subscribing to the international assistance option apply in the following countries: mainland France, Belgium, Luxembourg, Germany, Switzerland, Italy, Spain, Portugal, the Netherlands, Monaco and Andorra.

Travel may not exceed a period of 6 (six) months and, in all situations, 90 (ninety) days abroad.

The Rental Customer exercises this option in the event of the immobilisation of the Vehicle following a breakdown, material accident, puncture, theft or attempted theft.

Coverage is provided for the Rental Customer and passengers on board the Vehicle within the limit of the number of seats authorised on the Vehicle’s registration document.

Depending on the circumstances, the assistance will offer the Rental Customer and passengers:

  • the cost of transporting people to their destination or
  • Tte cost of transporting people to their point of departure or
  • waiting nearby up to a limit of one night in a hotel.

For more information, Users are invited to refer to the information notice relating to the International Assistance option, available HERE.

ARTICLE 6.        DECLARATION OF CLAIMS

The inclusion of the multi-risk insurance and 24/7 assistance in the rental does not exempt the Rental Customer and/or Owner from completing the required formalities in the event of a claim.

6.1 Addresses

  • In relation to the assistance

To benefit from the guarantees, call Opteven at the following telephone number: +33 04 26 73 79 36 (number not surcharged, the cost of the call is payable by the caller).

  • In relation to the insurance

To benefit from insurance coverage, the Owner must inform OuiCar and send all claim documents within the time limits defined in Article ‘Time limits for reporting by the Owner’ of these SCU (see Article ‘Documents to be provided’ of this Agreement) by email to contact@ouicar.fr or by post to the following address:

OuiCar

Attn: Insurance Department

9 Rue du 4 Septembre

75002 Paris

6.2 Documents to be provided

In the event of damage or theft, the Owner must provide OuiCar with:

  • a copy of the OuiCar Rental Agreement completed and signed by the Owner and the Rental Customer or its dematerialized version, including the ‘Additional Drivers’ annex or a copy of the OuiCar Connect Rental Agreement completed and signed by the Rental Customer;
  • a copy of the front and back of the Vehicle’s registration document;
  • the power of attorney if the Owner of the Vehicle signing the Rental Agreement is not the holder of the vehicle registration document and a copy of the identity card of the holder of the registration document;
  • a company registration certificate of less than 3 (three) months for any professionals or legal entities.
  • a copy of both sides of the driving licences of the Rental Customer and any additional drivers declared in the Rental Agreement; if one of the drivers holds a foreign driving licence that is not in the European format (European Economic Area or European micro-States), the copy of his or her driving licence must be accompanied by a copy of his or her international driving licence in French or translated into French by an accredited translator;
  • a copy of the Vehicle’s (green) insurance certificate, valid for the rental period and with a validity period of more than 1 (one) month;
  • The report from the most recent warrant of fitness for the vehicle.

In the event of damage, the Owner must also send OuiCar:

  • the OuiCar Rental Agreement damage declaration signed by the Owner and the Rental Customer;
  • the joint report by the parties to the accident if a third party is involved in the accident;
  • clear and legible photos of the damage to the Vehicle;
  • all information on the known or presumed causes, circumstances and consequences of the accident;
  • the place where OuiCar can have the damage assessed, as repairs can be carried out only after an assessment by the expert appointed by the insurer;
  • in the event of loss of control and/or any type of damage where the police have attended, a formal attestation signed by the Driver that he or she did not consume alcohol or take narcotics, drugs, tranquillizers or non-prescribed medicines.

In the event of theft, the Owner must also send OuiCar:

  • in the event of theft of the Vehicle by the Rental Customer (wrongful conversion), the Owner must, within 48 (forty-eight) hours, go to the competent authorities (gendarmerie, police station) to file a complaint for vehicle theft and contact OuiCar, applying the conditions referred to above;
  • in the event of theft by a third party, the Rental Customer must, within 48 (forty-eight) hours, notify the Owner and go to the competent authorities (gendarmerie, police station) to file a complaint for theft of the Vehicle and the Owner must contact OuiCar to report the theft of his or her Vehicle, applying the conditions referred to above.

All copies of these documents must be full copies that are unaltered, not blurry and perfectly legible.

The Owner and the Rental Customer undertake to send each other or directly to OuiCar as an intermediary any proof or document necessary for repairing the damage and the smooth processing of the claim. Any User holding a document necessary to process the claim must provide it to his or her co-contracting party. Users undertake to cooperate with OuiCar in the production of the claim documents.

Originals and copies of all these documents may be requested as part of the processing of the claim and must, therefore, be kept for 5 (five) years.

The documents must be sent to OuiCar within the declaration time limits stated in Article ‘Declaration deadlines’ of these SCU.

6.3 Declaration deadlines for the Owner

The deadlines for declarations by the Owner are as follows:

  • Theft and vandalism: 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 acknowledging 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 deadlines by the insured, except on the occurrence of a fortuitous or force majeure event, the insurer may reserve the right to withdraw any right to cover.

ARTICLE 7.     NON-PAYMENTS

The Owner is reminded that OuiCar, being a third party to the Rental Agreement, is under no obligation to manage unpaid invoices. However, OuiCar will initiate any proceedings, actions or measures against the Rental Customer for the purpose of collecting unpaid amounts at the express request of the Owner, who will bear any collection costs. The current rate for such collection costs is 20% (twenty percent), applied to the amount to be recovered, a percentage that is contractually defined by the debt collection company instructed by OuiCar.

In the event of the failure of any 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.

ARTICLE 8.     COMPLAINTS

8.1 General complaints about the Service

Any requests for information, clarifications or comments on the various Contractual Documents or any complaints or claims of illegal content should be sent to Customer Service as follows:

  • email contact@ouicar.fr;
  • or by telephoning 01 53 40 95 35 (Monday to Friday from 9.00 a.m. to 9.00 p.m. and on weekends and public holidays from 9.00 a.m. to 7.00 p.m.)
  • or by post by writing to OuiCar Customer Services, 9 Rue du 4 Septembre, 75002 Paris.

8.2 Consumer mediator

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 sending a letter 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 9.     APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

These SCU 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.

The various URLs www.ouicar.fr, www.ouicar.es, www.ouicar.com, and www.ouicar.co.uk are, in all circumstances, subject to French law in that they are published 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 located at 9 Rue de 4 Septembre, 75002 Paris. The purpose of these URLs is the translation of the various Contractual Documents for the Platform into French, Spanish and English. These URLs are used for rentals that take place in France for vehicles registered in France. The French language and laws are, in all circumstances, applicable.

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 SCU, 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.

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