Effective date april, 3 2017
TravelCar.com'a hoş geldiniz! TravelPark LLC tarafından işletilen TravelCar.com (bundan böyle "Biz" veya "TravelCar" olarak anılacaktır) web sitesi, burada yer alan şartları, koşulları ve bildirimleri değiştirmeden kabul etmeniz koşuluyla size sunulmaktadır. Lütfen bu sayfayı dikkatli bir şekilde okuyun. Burada ifade edilen şartlar ve koşulları kabul edemiyorsanız, işbu web sitesini veya hizmetlerini kullanmayınız. Web sitemizi ve hizmetlerini kullanmayı seçerseniz, aşağıdaki şartlar ve koşullara bağlı kalmayı açıkça kabul etmiş olursunuz:
Rezervasyon Kuralları
Havalimanında, tren istasyonunda ve limanda yapacağınız park yeri rezervasyonunu en kolay ve en uygun hale getirmek için gayret gösteriyoruz. Aşağıdaki şartlar, memnun kalmanızı ve TravelCar platformumuzdaki satın alma sürecini anlamanızı sağlamak için tasarlanmıştır.
Ödeme Yöntemleri
TravelCar.com tarafından şu anda kabul edilen ödeme şekilleri: Visa, MasterCard, American Express ve Discover.
Fiyatlandırma ve müsaitlik
Havalimanı ve liman park yeri rezervasyonu imkanı sunmak için bağımsız olarak idare edilen ve işletilen park yeri tesisleriyle (bundan böyle "Park Yeri Ortakları" veya "Ortaklar" olarak anılacaktır) birlikte çalışıyoruz. Platformumuzda listelenen park yerleri, TravelCar tarafından işletilmemektedir. Park ücretleri, park yerlerinin müsaitliğini de belirleyen Park Yeri Ortakları tarafından belirlenir.
Rezervasyonlarınız çevrimiçi gönderildikten sonra ücretiniz kesinleşir ve ek kuponlar, özel teklifler, indirim veya diğer promosyonlarla birleştirilemez.
İptal Kurallarımız
72 saat kalana kadar iptal kabul ediyoruz.
Planlanan ayrılma tarih ve saatinize 72 veya daha fazla saat varken iptal etmeniz halinde, TravelCar park yeri için ödenen meblağın %100'ünü size iade edecektir.
Planlanan ayrılma tarih ve saatinize 72 veya daha az saat varken iptal etmeniz halinde, TravelCar park yeri için ödenen meblağın %50'sini size iade edecektir.
Ayrılma tarih ve saatinden sonra iptal edilen rezervasyonlar için para iadesi yapılmayacaktır.
Rezervasyonunuzu iptal etmek için rezervasyon başlamadan önce +33 9 77 55 50 11 (Avrupa) / +1 (888) 807-0209 (ABD) numaralı telefonlardan ya da info@travelcar.com adresinden e-posta yoluyla TravelCar.com ile (otopark işletmesi ile değil) irtibata geçmelisiniz.
TravelCar'ın Sorumluluğu
TravelCar, park yeri arayan havaalanı, liman ve demiryolu yolcularını özel otoparklar, park yeri işletmecileri ve otel işletmecileri ile bağlantıya geçirir. TravelCar.com, yolcu ve park yeri işletmecisi arasında gerçekleştirilen işleme müdahil olmaz. TravelCar.com, rezervasyonunuzun gerçekleştirilebilmesi için Ortaklarının her türlü çabayı göstermesini sağlar. Mücbir sebep, savaş veya şiddetli hava koşulları gibi diğer koşullar da dahil olmak ve bunlarla sınırlı olmamak üzere öngörülemeyen durumlarda rezervasyonunuz iptal edilebilir. Yalnızca itibarlı, ruhsatlı ve sigortalı şirketlerle ortaklık kurmaya çalışsak da, hiçbir otopark tesisinin kalitesi veya güvenliği TravelCar kontrolünde değildir.
Ortaklarla gerçekleştirdiğiniz işlemlerin tüm riskleri size aittir ve bu işlemlerin sonucu olarak ya da Ortakların veya üçüncü tarafların işbu web sitesinde bulunmasının sonucu olarak aracınıza veya size yönelik ortaya çıkacak her türlü kayıp ya da zarardan dolayı TravelCar'ın, Ortaklarının, park yeri işletmecilerinin, otel sahiplerinin ve yöneticilerinin hiçbir sorumluluğu olmayacağını kabul edersiniz. Buna ek olarak uçuşların kaçırılması, uçuş tarihlerinin değişmesinden doğan tüm masraflar, uçuş tarihlerinin değiştirilmesi sonucu ortaya çıkan konaklama, yemek veya ulaşım giderleri, rahatsızlıklar, manevi zararlar ya da doğrudan veya dolaylı giderler de dahil olmak ancak bunlarla sınırlı olmamak üzere yolculuğa ilişkin olarak doğrudan veya dolaylı olarak ortaya çıkan hiçbir giderden dolayı TravelCar'ın ve Ortaklarının, park yeri işletmecileri ve sahiplerinin, otel sahipleri ve yöneticilerinin sorumlu tutulmayacağını kabul edersiniz.
Doğru ve net bilgi vermeye çalışıyoruz, ancak işbu web sitesinin içeriğinde hata veya yazım yanlışı olabileceğini kabul ediyoruz. TravelCar, web sitesinin ya da içinde sunulan bilgilerin doğru, eksiksiz, güvenilir veya güncel olduğuna dair bir beyanda bulunmamaktadır. İşbu web sitesinin ve bilgilerin kullanımının riski size aittir.
İşbu web sitesi ve içindeki bilgiler, herhangi bir açık ya da zımni garanti verilmeksizin "olduğu gibi" sunulmaktadır. TravelCar, hiçbir hak ihlali olmadığına veya belirli bir kullanıma ya da amaca uygun olduğuna dair garanti ve ticarete elverişlilik garantisi de dahil ancak bunlarla sınırlı olmamak üzere kanunların izin verdiği ölçüde açık veya zımni her türlü garantiyi reddetmektedir. TravelCar; bilgilerin, hizmetlerin, yazılımların, metinlerin, grafiklerin, bağlantıların veya Ortaklarla yapılan işlemlerin doğru, eksiksiz, güvenilir ya da güncel olduğunu garanti etmez.
TravelCar, işbu web sitesinin hatasız çalışacağını garanti etmez. TravelCar, işbu web sitesinin veya sunucusunun bilgisayar virüsü ya da herhangi başka bir zararlı mekanizma içermediğini garanti etmez. Web sitesini veya bu sitedeki mekanizmaları kullanmanız halinde ekipmanınızı veya verilerinizi bakıma alma ya da değiştirme ihtiyacı doğması durumunda, TravelCar bu masraflardan sorumlu değildir
Dolaylı Hasarlara Dair Sorumluluğun Reddi
TravelCar, tedarikçileri, park yeri ortakları veya web sitesinde adı geçen herhangi bir üçüncü taraf; garantiye, sözleşmeye, haksız fiile veya diğer başka yasal hükümlere dayandırılsın veya dayandırılmasın, arızi ve dolaylı zararlar, kâr mahrumiyetleri, gelir kaybı veya veri kaybından ya da web sitesinin ve bilgilerin kullanılmasına veya kullanılmamasına bağlı yaşanan iş kesintilerinden kaynaklanan zararlar da dahil ancak bunlarla sınırlı olmamak üzere hiçbir zarardan sorumlu tutulamaz. Taraflar bu gibi zararlardan haberdar veya bunlar hakkında bilgi sahibi olsun veya olmasın, TravelCar ve Ortaklarının sorumlu tutulmayacağını kabul edersiniz.
Değişiklik
Bu şartlar ve koşullarda her zaman değişiklik yapabiliriz. Bu siteyi kullanmaya devam etmeniz, kullanım anında geçerli olan şartlar ve koşullara bağlı olacaktır.
Sorumluluğun Sınırlandırılması
İşbu web sitesinin ve bilgilerin kullanımından doğan tüm hak talepleri için TravelCar ve Ortakları, park yeri sahipleri ve otel sahiplerinin size karşı toplam sorumluluğu, park yeri rezervasyon ücretinden daha fazla olamaz.
Tazminat
TravelCar'ı, onun yetkililerini, yöneticilerini, çalışanlarını, temsilcilerini, Ortaklarını, park yeri sahiplerini ve otel sahiplerini işbu web sitesini veya bilgileri kullanmanızdan ya da işbu Kullanım Koşullarının hükümlerini ihlal etmenizden kaynaklanan ya da kaynaklandığı ileri sürülen makul yasal ücretler ve muhasebe ücretleri de dahil ancak bunlarla sınırlı olmamak üzere tüm hak taleplerine, davalara veya diğer taleplere karşı koruyacağınızı, bunlardan dolayı tazmin edeceğinizi ve sorumlu tutmayacağınızı kabul edersiniz. Böyle bir hak talebi, dava veya yargılama olması halinde TravelCar size gecikmeden bilgi verecektir. TravelCar, masrafları size ait olmak üzere bu gibi hak talepleri, dava veya yargılama konularında savunmanıza yardımcı olacaktır.
Bölünebilirlik
Bu Hizmet Koşullarına ilişkin hükümlerin bölünebilir olması amaçlanmıştır. Herhangi bir nedenle bu Hizmet Koşullarının herhangi bir hükmünün herhangi bir yargı yetkisi alanında kısmen veya tamamen geçersiz ya da uygulanamaz görülmesi halinde bu hüküm, bu yargı yetkisi alanına ilişkin olarak herhangi başka bir yargı yetkisi alanındaki geçerliliği ve uygulanabilirliğine ya da işbu koşulların diğer hükümlerinin herhangi bir yargı yetkisi alanındaki geçerliliği ve uygulanabilirliğine halel getirmeyecek şekilde hükümsüz kalacaktır. Burada atıfta bulunulan tüm belgeler de dahil olmak üzere Hizmet Koşullarını kabul etmek, TravelCar ile aranızdaki ilişkiye dair siz ve TravelCar arasındaki anlaşmanın tamamını ifade eder ve önceki beyanlar veya sunumların yerini alır. TravelCar.com web sitesini kullanarak hizmet koşullarına bağlı kalmayı kabul etmiş olursunuz.
I - General Conditions of Use of the TravelCar.com free parking service
1 TO READ BEFORE VISITING THE SITE TravelCar.com
1.1 The TravelCar.com service
1.2 TravelCar.com site editor
1.3 TravelCar.com respects your personal data
1.4 Intellectual property rights of TravelCar.com
2 Provisions common to visitors and TravelCar.com members
2.1 Definitions
2.2 TravelCar.com site availability
2.3 Suspension of access to the TravelCar.com service
2.4 Convention on the proof
2.5 Intellectual property rights
2.6 Force majeure
2.7 Autonomy of stipulations
2.8 Transfer of the contract
2.9 Notification and computation of time limits
2.10 Applicable law - Courts of competent jurisdiction
3 Becoming a TravelCar.com member
3.1 Online registration or via the TravelCar.com reservation system
3.2 Password of the TravelCar.com account
4 Acceptance and change of the General Conditions of Use
4.1 Formal acceptance of the GCU
4.2 Modification of the GCU
4.3 Consent and convention on the proof
5 Use of the TravelCar.com service
5.1 Vehicles eligible for the TravelCar.com service
5.2 Accepting a booking contract
5.3 Fulfilling the booking contract
5.4 Administrative documents relating to the vehicle
5.5 Quality of the TravelCar.com service
5.6 Reservation contract and pre-contract information
6 Operation of the TravelCar.com service
6.1 Reservation of the car park and insurance
6.2 Arrival of the OWNER at the TravelCar.com agency
6.3 Terms and conditions of the return of the vehicle
6.4 Remuneration of the OWNER
6.5 Extending the free parking reservation
6.6 Cancellation of a booking contract by the OWNER
6.7 Duration of the booking contract
6.8 Delay of refund
6.9 Statement and contravention of the Highway Code
6.10 Damage after reservation
7 Liability of TravelCar.com
8 Protection of personal data
8.1 Commitments of TravelCar.com
8.2 General provisions
8.3 Right of access, rectification and opposition
8.4 Bank data
8.5 Sub-contracting of the hosting personal data of the TravelCar.com members
8.6 Notification of security breaches
8.7 Figuring of data
8.8 Cookies collected by TravelCar.com
1 TO READ BEFORE VISITING THE SITE TravelCar.com
Whether you are visitor or member, the simple fact of browsing on the TravelCar.com site implies that (i) you agree with the provisions of article 1 "To read before visiting the site TravelCar.com" of these general conditions of use and (ii) you agree to comply without reserve. IF YOU DO NOT ACCEPT THESE CONDITIONS, YOU MUST NOT BROWSE THE TravelCar.com SITE.
1.1 The TravelCar.com service
-> You are an individual or a professional, owner or legitimate holder of a vehicle that you have the right to rental out and you want to offer it for rental through TravelCar.com service and thus have free parking? You are an "OWNER" for TravelCar.com.
-> To become OWNER, you must become a member TravelCar.com by creating an account TravelCar.com or by offering your vehicle for rental via the reservation system (which automatically creates your TravelCar.com account).
-> In both cases, you will need first to accept the GCU and the conditions of each booking contract. Otherwise, you will not be able to benefit from the TravelCar.com service. Wouldn't that be a pity?
1.2 TravelCar.com site editor
The TravelCar.com site is a service of electronic communication to the public on-line edited by MHIRI INNOVATION SAS - identification no. 790 020 606 RCS Paris - Headquarters 45 rue de la chaussée d’Antin 75009 Paris - represented by its Chairman acting as director of the publication - e-mail: contact@TravelCar.com
1.3 TravelCar.com respects your personal data
TravelCar.com is concerned for the respect of legislation relating to the personal data of TravelCar.com members. The detail of the policy for the collection, processing and protection of personal data of TravelCar.com is subject to the prior acceptance of and separate and distinct from each TravelCar.com member in the conditions listed in the article "Protection of Personal Data" of the GCU. No TravelCar.com account can be created without the successive acceptance of (i) the GCU and (ii) the personal data protection policy of TravelCar.com. The conditions for the protection of personal data accepted by each TravelCar.com member are accessible from the TravelCar.com account of each TravelCar.com member.
1.4 Intellectual property rights of TravelCar.com
1.4.1 TravelCar.com holds all intellectual or industrial property rights relating to the site and the TravelCar.com service. In your quality of TravelCar.com visitor or member, you agree not to reproduce any of the elements of the TravelCar.com site on any media, paper or electronic. Any contrary use of all or part of the TravelCar.com site or any of its elements would constitute an infringement likely to result in civil and/or criminal proceedings against you.
1.4.2 TravelCar.com enjoys the protection conferred to the producer of databases by articles L.341-1 and following of the Code of intellectual property. Within the strict limits of the exceptions provided for by Articles L. 342-2 and L.342-3 of the Intellectual Property Code, the following are prohibited: total or partial extraction, and/or reuse by making available to the public, in any form and on any media whatsoever, of any element of the TravelCar.com site as one or several of the contents found there.
2 Provisions common to visitors and TravelCar.com members
2.1 Definitions
The terms whose the first letter figures in uppercase will have, in the text of the General Conditions of Use (GCU), the definition laid down in this article.
2.1.1 General Conditions of Use of GCU
Refers to the present conditions of use of the TravelCar.com service which are permanently accessible online on the TravelCar.com site and from the TravelCar.com account of each TravelCar.com member, after their acceptance on line. The conditions of protection of personal data of the TravelCar.com members are included in the GCU, even if these conditions are the subject of a separate acceptance of the GCU.
The GCU accepted online by the TravelCar.com member apply throughout the duration of a booking contract. In accordance with Article 1230 [new] Civil Code, the stipulations which by nature survive the disappearance of a contract (for example, rules for the protection of personal data) survive the arrival of the contractual term or the taking effect of the termination of the booking contract or of the GCU, whatever the cause and/or the basis.
2.1.2 TravelCar.com member
Means any physical person who created an TravelCar.com account online on the TravelCar.com site or through the booking system and who accepts the GCU in advance.
2.1.3 Booking Contract
Refers to the specific provision of the rental of a vehicle by its OWNER to TravelCar.com in application of specific rental conditions. Each booking contract (i) is concluded as of the date of its conclusion online and (ii) is subject to the provisions of the GCU. Each booking contract is accepted electronically and is stored in the Member TravelCar.com account concerned.
2.1.4 OWNER
Designates a TravelCar.com member, owner or legitimate user of a Vehicle who (i) certifies to TravelCar.com that he is willing to conclude a booking contract with TravelCar.com and (ii) who subscribes a booking contract with TravelCar.com.
2.1.5 TravelCar.com service
Designates the reservation service of a proposed parking slot by TravelCar.com which allows a owner to benefit from free parking for a vehicle that can be entrusted for paid rental by TravelCar.com for the benefit of another TravelCar.com member.
2.1.6 Booking System
Together designates the TravelCar.com web site, mobile applications and the telephone platform of TravelCar.com allowing the OWNER to propose a vehicle for rental and to conclude a booking contract with TravelCar.com.
2.1.7 Vehicle
Designates a car offered for rental on the TravelCar.com site for the benefit of TravelCar.com members.
2.1.8 Visitor
Designates the internet user who visit the TravelCar.com site, without possessing the quality of TravelCar.com member.
2.2 TravelCar.com site availability
TravelCar.com strives to ensure the availability of the TravelCar.com service 24 / 7. However, it may happen that access to the TravelCar.com site or that the TravelCar.com service is closed down due to maintenance, hardware or software upgrades , emergency repairs of the TravelCar.com site, or as a result of circumstances beyond the control of TravelCar.com (for example failure of the Internet network, disruption of Telecom traffic, etc.). TravelCar.com undertakes to take all measures to limit these disturbances, provided that they be attributable.
2.3 Suspension of access to the TravelCar.com service
In the case of serious non-compliance (art. 1219 [new] Civil Code) by you with all or part of the GCU or a booking contract, you are informed that TravelCar.com may at any time, immediately and fully legally, suspend the execution of the Service, temporarily or permanently, with simultaneous information for your attention by electronic means, without any other notice or formality of any kind.
2.4 Convention on the proof
2.4.1 By accepting the GCU and each booking contract, each TravelCar.com Member accepts that the evidence of his contractual commitments, consent to the collection of personal data and the collection of the sums that are paid by TravelCar.com, can be made by the electronic records provided by TravelCar.com or its service providers.
2.4.2 The Parties recognize that any modification of the contract may be agreed only in a written addendum, possibly in the form of electronic writing (art. 1366 [new] Civil Code), (an "amendment"). Accordingly, in the absence of Amendment previously accepted by the Member TravelCar.com, the following will be deemed null and void: (i) any verbal or written agreement (SMS / Tweet / e-mail / letter / telephone conversation / etc.) between the parties relating to the GCU or a booking contract, as well as (ii) any benefit, even partially executed by TravelCar.com which would not be specifically included in the strict scope of the TravelCar.com service.
2.5 Intellectual property rights
2.5.1 TravelCar.com holds all intellectual or industrial property rights relating to the TravelCar.com site. In your quality of TravelCar.com visitor or member, you agree not to reproduce any of the elements of the TravelCar.com site on any media, paper or electronic. Any contrary use of all or part of the TravelCar.com site or any of its elements would constitute an infringement likely to result in civil and/or criminal proceedings against you.
2.5.2 TravelCar.com enjoys the protection conferred to the producer of databases by articles L.341-1 and following of the Code of intellectual property. Within the strict limits of the exceptions provided for by Articles L. 342-2 and L.342-3 of the Intellectual Property Code, the total or partial extraction, and/or reuse by making available to the public, in any form and on any media whatsoever, of any element of the TravelCar.com site or one or several of the contents found there are prohibited without prior and written agreement of TravelCar.com.
2.6 Force majeure
2.6.1 None of the parties may be held liable for the breach of one of his contractual obligations by the fact of the occurrence of a case of force majeure understood as an event (i) beyond the control of the party who suffers from it (ii) which could not be reasonably anticipated at the time of the conclusion of the contract and (iii) the effects of which cannot be avoided by appropriate measures (art. 1218 [new] The Civil Code).
2.6.2 For the duration of the force majeure, if the impediment is temporary, the event of force majeure suspends for the prevailing party, the fulfilment of his obligations, unless the delay that would result does not justify the resolution of the booking contract (except for the obligation to pay the amounts due under the contract on the date of the occurrence of the event of force majeure).
If the impediment is final, the reservation contract concerned is resolved and the parties released from their obligations, subject to the notification of this resolution by the most diligent of the two parties. In all cases, the party affected by the force majeure shall take the appropriate measures (art. 1218 [new] Civil Code) to avoid, eliminate or reduce the causes of the delay and resume the fulfilment of his obligations as soon as the event that is invoked will have disappeared.
2.7 Autonomy of stipulations
The GCU and each Booking Contract supersede and replace all the prior, verbal or written agreements or contracts between the parties concerning the same services. If any provision of the GCU or a booking contract is considered void or non-written by a decision of Justice having authority of res judicata in the main proceedings and having the force of res judicata, the parties agree to attempt to limit, as far as possible, the scope of this invalidity so that the other contractual provisions remain in force and that the economic balance of the GCU or a booking contract is respected.
In this hypothesis, the Parties undertake to renegotiate in good faith (Art.1104 [new] Civil Code), the drafting of a new clause to substitute the clause thus declared null, unless the cause of the invalidity affecting a clause constitutes a decisive element of the commitment of the parties or of one of them, in which case this invalidity prevails over the invalidity of the Act as a whole (art.1184 [new] The Civil Code).
2.8 Transfer of the contract
Neither the GCU, nor any booking contract may be the subject of a transfer, total or partial, free or against payment, by the Member for the benefit of a third party, save by written and prior agreement of TravelCar.com (art.1216 al.2 [new] The Civil Code). The effect of any transfer of the GCU, or a booking contract will occur in the decision to act by writing (under penalty of nullity art.1216 al.3 [new] Civil Code) by TravelCar.com of the transfer. In the case of assignment duly accepted in advance by TravelCar.com, the TravelCar.com Member will remain jointly and severally liable with the transferee in respect of TravelCar.com of strict respect of the GCU and/or of the booking contract by the assignee (art.1216-1 [new] The Civil Code).
2.9 Notification and computation of time limits
Any notification (notice, approval or consent) required or needed in the application of the contract including the issue and/or reception is not expressly provided electronically in the GCU and which would be required or necessary in the application of the other stipulations of the GCU will need to be made in writing, and will be deemed validly given if sent by registered letter with a request for acknowledgement of receipt to the mailing address of TravelCar.com. Save special provision, the times are counted by calendar day. Any time period counted from a short notification from the date of the first attempt to issue to the recipient, as evidenced by the postmark. No other notification by e-mail will be taken into account by TravelCar.com.
2.10 Applicable law - Courts of competent jurisdiction
The GCU and each booking contract shall take into account the reform of the Law of Contracts (Order No. 2016-131 of 10th February 2016).
2.10.1 The GCU constituting a membership contract between each TravelCar.com Member and TravelCar.com (art.1110 [new] Civil Code), each TravelCar.com Member has the right to request the judicial annulment of any clauses which would be manifestly unbalanced (art.1171 [new] The Civil Code).
2.10.2 The GCU are applicable to the provision of the service rendered by TravelCar.com on the territory of the French Republic and are subject to French law, both for the rules of form as for the substantive rules. Any dispute will be under the jurisdiction of the French court that has territorial competence according to the rules of the common law of the Code of Civil Procedure.
3 Becoming a TravelCar.com member
3.1 Online registration or via the TravelCar.com reservation system
3.1.1 To become a TravelCar.com member, simply:
(I) create a free TravelCar.com account on the TravelCar.com site or on the TravelCar.com mobile application by filling in the form for this purpose and by accepting the GCU, or
(ii) contact the TravelCar.com telephone platform and validate online the free creation of your TravelCar.com account in the above conditions.
3.1.2 You can become OWNER only after (i) validation of your TravelCar.com account in the above conditions and (ii) on-line validation of a booking contract.
3.2 Password of the TravelCar.com account
When you register as a TravelCar.com member, a password is assigned to you. It will allow you, with your login, to access the TravelCar.com Service, and consult or modify the personal data concerning you. You assume sole responsibility for all the activities carried out from your TravelCar.com account with your password. It is your responsibility to ensure strict respect for the confidentiality of your password. You must immediately report to TravelCar.com any unauthorized use of your password or report it to TravelCar.com if you think your password is no longer confidential. TravelCar.com reserves the right to require that you change your password if TravelCar.com believes that it no longer provides adequate security. In the event of a problem linked with a clearly abnormal use of your TravelCar.com account with your password, TravelCar.com reserves the right to suspend, temporarily, all access to your account TravelCar.com with this password whilst waiting for it to be reset with your consent.
4 Acceptance and change of the General Conditions of Use
4.1 Formal acceptance of the GCU
You can become a TravelCar.com member and benefit from the TravelCar.com Service only after having formally accepted the GCU in their latest version online.
4.2 Modification of the GCU
4.2.1 TravelCar.com reserves the right to modify the GCU at any time, the features offered on the TravelCar.com site, or the rules of operations of one or several specific services.
4.2.2 TravelCar.com undertakes (i) to inform you in advance of this change by any convenient means, and (ii) if necessary, to ask for your prior consent again.
4.2.3 The scale of fees and insurance compensation in force is accepted by the OWNER at the time of the conclusion of each booking contract. This scale is accessible online on the TravelCar.com site and is likely to change at any time without notice. The scale applicable to each booking contract concluded with the TravelCar.com (i) is the subject of an acceptance, with the GCU, by the OWNER at the time of the conclusion of each booking contract and (ii) is searchable on the TravelCar.com account of the TravelCar.com Member with each booking contract concluded. You can find our conditions of insurance in the following link: Conditions of TravelCar and MAIF insurance.
4.3 Consent and convention on the proof
4.3.1 The fact of accepting the GCU by clicking the acceptance button proposed to you implies that:
(I) you certify to TravelCar.com that you have the ability, within the meaning of Articles 1145 to 1152 [new] Civil Code, to subscribe validly to the CGU and a booking contract;
(ii) you agree that the evidence of your contractual commitments, including your acceptance of the GCU, of the policy of protection of personal data and a booking contract, and your payments by credit card, can be provided by the electronic records provided by TravelCar.com or one of its service providers and who will prevail over any other;
(iii) you guarantee that you have personally all the rights to rental a car and drive on a public road legally.
4.3.2 You can at any time access the CGU from your TravelCar.com account, the policy of protection of your personal data, your booking contracts and the scale of fees and insurance compensation you have accepted with each booking contract, and print each of these documents through the feature your browser software offers you.
5 Use of the TravelCar.com service
5.1 Vehicles eligible for the TravelCar.com service
5.1.1 The vehicle of the OWNER must be registered only in France and only of category M1 (Article R.311-1 of the Code of the road) whose overall weight is limited to 3.5 tonnes, that is to say a vehicle designed for the transport of persons with four wheels and eight seats maximum in addition to the driver's seat. Utility vehicles of an overall weight over 2.3 tons are not eligible for the TravelCar.com service, nor are campers or vehicles of the following brands: Aston Martin, Bentley, Bugatti, De Tomaso, Ferrari, Hummer, Lamborghini, Maserati, Rolls-Royce.
5.1.2 The vehicles of a power over 11 fiscal horsepower are not covered by our insurance. Their deposit on the site by the owner does not engage the liability of either the insurance or the site.
5.1.3 The vehicle of the OWNER must have a maximum age from first registration of 7 years and a maximum of 135,000 kilometres.
5.1.4 Vehicles of a value over 40,000€ will not be covered by the insurance of TravelCar.com in case of theft or damage.[1] [2] Only standard vehicles and equipment are covered by the insurance of TravelCar.com. Warning: Damage involving options, kits, non-standard bodywork parts will not be covered by the insurance of TravelCar.com and is the sole responsibility of the OWNER.
5.2 Accepting a booking contract
5.2.1 Once you have become a TravelCar.com member, and for as much as your vehicle is eligible in the TravelCar.com Service (see Article 5.1 of the GCU) you can conclude with TravelCar.com a booking contract with the formula "Free Parking" and benefit from free parking for your vehicle. Once the booking contract is concluded, your vehicle will be able to be put up for rental by TravelCar.com on the TravelCar.com site.
5.2.2 From the site TravelCar.com, each OWNER may consult the availabilities of the partner car parks of TravelCar.com.
5.2.3 By selecting a partner car park of TravelCar.com and specifying the dates of booking, as well as information relating to the OWNER and to the vehicle, the 33may conclude a booking contract with TravelCar.com.
5.3 Fulfilling the booking contract
From the date, time and place stipulated in the booking contract, the OWNER leaves his vehicle in the partner car park of TravelCar.com according to the instructions given by TravelCar.com by mail and/or in the booking information given online on the TravelCar.com site and accessible from the TravelCar.com account of the OWNER.
5.4 Administrative documents relating to the vehicle
5.4.1 To simplify the process of concluding the booking contract, the OWNER shall send to TravelCar.com electronically a copy of the administrative documents necessary for the establishment of the insurance contract of the vehicle (registration certificate, certificate of insurance, technical inspection update if necessary, etc.).
5.4.2 In his TravelCar.com account and for each booking contract, the owner undertakes to provide TravelCar.com accurate and up-to-date information relating to the vehicle proposed for rental and to inform TravelCar without delay of any change affecting his conditions of eligibility to the TravelCar.com Service. The OWNER declares and certifies in particular:
The OWNER undertakes to update the data provided at the time of his inscription regularly.
(i) be the legitimate holder of the right to use the Vehicle (owner or renter with or without an option to purchase) and ensure they have the right to propose the vehicle for rental to the benefit of TravelCar.com, then by TravelCar.com for the benefit of other TravelCar.com Members;
(ii) that to his knowledge the vehicle presents no vice or defect likely to endanger the safety of the vehicle, or especially that of future hirers and persons likely to be transported by the hirers;
(iii) to propose for rental only a vehicle whose maintenance recommended by the manufacturer has been regularly carried out, and whose safety equipment is, to the best of his knowledge, in perfect condition. The OWNER takes care to check, before handing over the vehicle to TravelCar.com, the condition of the tyres, brakes, the proper functioning of the lights, the direction and the presence of a fluorescent vest and the warning triangle. If, when the vehicle is inspected, it is found that one or more pieces of mandatory equipment are absent, compensation for management fees will be systematically charged from the OWNER by TravelCar.com for each missing piece of equipment. The amount of this compensation is indicated in the scale of expenses and insurance allowances. The options specified by the OWNER at the time of the registration of his vehicle are offered for free to the TravelCar.com renter Member. TravelCar.com cannot be held responsible for the non-compliance of these options when the rental of the vehicle for the benefit of a TravelCar.com Member.
(iv) removable landsats are not covered by the insurance of TravelCar.com. TravelCar.com advises the OWNER not to leave a removable landsat in the vehicle. If the OWNER wishes to even leave his removable landsat in the vehicle, TravelCar cannot be held liable for any damage, loss or theft of the removable landsat.
(v) provide a vehicle completely clean, inside as well as outside. Otherwise, an allowance of management fees will be systematically charged by TravelCar.com to the OWNER. The amount of this compensation is indicated in the scale of expenses and insurance allowances. The actual amount of the costs of cleaning (up to 40 € incl. VAT), justified on invoice, will also be charged by TravelCar.com to the OWNER.
(vi) provide a vehicle with a full tank of petrol, with the fuel gauge at maximum. The vehicle will be returned with the same level of fuel. If the fuel level is not sufficient when the vehicle is handed over, the OWNER will be systematically charged by TravelCar.com for the amount of the supplement of fuel. The calculation of this amount is indicated in the scale of expenses and insurance allowances.
(vii) provide a vehicle maintained in a reasonable manner (verification of the pressure and condition of the tyres, correct operation of the wiper blades, checking the levels of liquids necessary for the proper operation of the vehicle, functional lights, and, in general, all the components allowing the vehicle to operate on the public road without danger to its driver and its occupants or for third parties). Otherwise, TravelCar.com reserves the right either to (i) with the prior agreement of the OWNER[4], change the defective components and charge to the OWNER the cost of parts and labour, or (ii) to cancel the booking contract for breach sufficiently serious by the OWNER and to invoice the OWNER for the duration of parking until the recovery of the Vehicle by the OWNER. The calculation of this amount is indicated in the scale of expenses and insurance allowances. Over and above the parking costs, an allowance of management fees will be systematically charged by TravelCar.com to the OWNER. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
(viii) The vehicle must be free of any personal effects belonging to the OWNER. TravelCar.com will not in any way be liable in the event of degradation, loss or theft of any personal effects belonging to the OWNER and left in the vehicle.
(ix) It is the responsibility of the OWNER to declare and promptly pay all of the taxes and insurance related, directly or indirectly, with his quality of OWNER of the Vehicle.
5.5 Quality of the TravelCar.com service
The list of benefits of which the TravelCar.com Service consists and the detail of each rental defined in each booking contract (i) describe together, explicitly and in a comprehensive manner the essential qualities of service rendered by TravelCar.com (art.1133 [new] the Civil Code), and in consideration of which both parties have decided to contract, to the exclusion of any other essential quality implied that the OWNER could expect and that TravelCar.com may not know and (ii) make the entire service of TravelCar.com of a quality conforming to the legitimate expectations of the OWNER and TravelCar.com, in consideration of the nature of the benefits constituting together and indivisibly the service of TravelCar.com, of uses and the amount of the counterpart the OWNER undertakes to pay TravelCar.com to benefit from the TravelCar.com Service or to be paid by TravelCar.com (art.1166 [new] Civil Code).
5.6 Reservation contract and pre-contract information
5.6.1 In the event of a contradiction between the terms of a booking contract and those of the GCU, the provisions of the booking contract shall prevail (art.1119 al.3 [new] Civil Code). The parties recognize that the booking contract is synallagmatic (art.1106 [new] Civil Code), against payment (art. 1107 [new] Civil Code) and of successive fulfilment (art. 1111-1 [new] Civil Code).
5.6.2 Prior to the conclusion of a booking contract, the OWNER is required
(i) to verify that the service corresponds with the definition of its needs and (ii) to ensure that the service is dimensioned in a measure which would allow it to fulfil its own objectives that TravelCar.com cannot know. For this purpose, the OWNER acknowledges having known from TravelCar.com all the information critical for his consent, presenting a direct and necessary link with the content of the TravelCar.com Service and the quality of TravelCar.com, except for the OWNER to prove (i) that he did not know in a legitimate manner one of these pieces of information or that he had trusted TravelCar.com (art.1112-1 [new] Civil Code) and (ii) that the knowledge of this decisive information would have led to contract to substantially different conditions (art.1130 [new] Civil Code). TravelCar.com also reminds the OWNER that the duty of information of TravelCar.com does not concern the estimate of the value of the TravelCar.com Service (art.1112-1 [new] Civil Code) that TravelCar.com undertakes to provide to the OWNER, nor on that of each booking contract.
Finally, TravelCar.com reminds the OWNER that any inaccurate economic assessment of the TravelCar.com Service or a booking contract by the OWNER prior to the acceptance of the GCU or a booking contract is not a cause of nullity of a booking contract concluded with TravelCar.com (art.1136 [new] Civil Code).
6 Operation of the TravelCar.com service
6.1 Reservation of the car park and insurance
Once registered on the TravelCar.com site as a TravelCar.com member for each request for free parking, the OWNER selects a TravelCar.com agency and indicates the days of availability of his vehicle. His request is subject to validation by TravelCar.com, particularly in function of the availability of parking spaces. If he aggress with the modalities proposed by TravelCar.com, the OWNER then accepts the proposal of TravelCar.com and concludes a booking contract with TravelCar.com.
Once the booking contract is concluded on line, this contract is accessible from the TravelCar.com Account of the OWNER. The comprehensive insurance of TravelCar.com covers vehicles during the duration of the booking contract without any formality to accomplish by the OWNER. You can find our conditions of insurance in the following link: Conditions of TravelCar and MAIF insurance.
Attention, the comprehensive insurance of TravelCar.com does not cover the vehicle when the vehicle is parked in the TravelCar.com car park. The owner is therefore required to verify that he has insurance covering the risks of his vehicle during periods of parking on the TravelCar.com car parks.[5]
6.2 Arrival [6] of the OWNER at the TravelCar.com agency
Has the date agreed in the booking contract, the OWNER shall leave his vehicle in the TravelCar.com car park or in the car park of the TravelCar.com partner designated in the booking contract. The vehicle must be clean and emptied of any personal effect and any removable accessory, as said in Article 5 of the GCU. TravelCar.com allows the OWNER to leave his auto seats in the car, it being specified that TravelCar.com cannot be responsible for any possible malfunction, degradation, loss or theft.
From the time when the OWNER hands over the keys of the vehicle to TravelCar.com, the vehicle is taken care of by TravelCar.com and under the responsibility of TravelCar.com. The keys of the vehicle are securely kept by TravelCar.com.
6.3 Terms and conditions of the return of the vehicle
At the end of the rental of the vehicle of the OWNER by a TravelCar.com Member, TravelCar.com (or the TravelCar.com Member renter via the TravelCar.com application) performs the "return" inspection of the vehicle.
The condition of the sites will be available on the TravelCar.com account of the OWNER 48 hours after the recovery of the vehicle by TravelCar.com.
The vehicle is returned by TravelCar.com to the OWNER with the same quantity of fuel as mentioned in the inspection and in the same state of interior and exterior cleanliness. If this is not the case, TravelCar.com will pay the OWNER a lump sum corresponding with filling the fuel tank full and the cleaning of the vehicle. The amount of this sum is indicated in the scale of expenses and insurance allowances.
The OWNER must inform TravelCar.com no more than 12 hours [7] after the resturn of his vehicle by TravelCar.com about any damage that he would find on the vehicle under the booking contract and which were not present when he handed the vehicle over to TravelCar.com.
6.4 Remuneration of the OWNER
6.4.1 After return of the vehicle by TravelCar.com to its OWNER, if the vehicle has been leased by TravelCar.com via the Free Parking offer of TravelCar.com [8], the OWNER receives remuneration calculated on the number of kilometres driven during the duration of the booking contract [9]. The amount of this remuneration is calculated according to the scale of expenses and insurance allowances. The OWNER will be able to print his receipt which will be available in his TravelCar.com account. The remuneration of the OWNER will be by transfer to the OWNER's bank account generally within the 72 hours of the return by TravelCar.com of the vehicle to its OWNER.
6.4.2 The amount of the remuneration of each booking contract is accepted by each TravelCar.com Member at the end of a booking contract. This amount is the counterpart of the Service at the expense of TravelCar.com. This amount is inclusive of VAT. The receipt and the any expense invoices of TravelCar.com will be available for download by the TravelCar.com Member from his account at TravelCar.com, no later than 48 [10] hours after the return of the vehicle to the OWNER. The OWNER acknowledges that the amount of the remuneration of the booking contract was not fixed unilaterally by TravelCar.com without the consent of the CLIENT (Art.1164 and 1165 [new] Civil Code).
6.4.3 At the conclusion of each booking contract, the OWNER accepts the amount of the remuneration and the scale of fees and allowances of insurance in force on the TravelCar.com site. You can consult this scale at any time at the end of these GCU. This scale, and the options proposed by TravelCar.com being likely to change at the initiative of TravelCar.com, the scale applicable to each of your booking contracts will be available in your TravelCar.com account with each of your booking contracts.
6.5 Extending the free parking reservation
6.5.1 The OWNER wishing to extend the duration of the booking contract (duration of the free parking) must contact TravelCar.com via the Booking System, by writing to contact@TravelCar.com or by phone at 09 77 55 50 11. Only an extension of the duration of the booking contract accepted by TravelCar.com may cause an extension of the booking contract.
6.5.2 Any additional period of parking not validated in advance by TravelCar.com will incur the invoicing by TravelCar.com to the OWNER (i) the price of the cost of the additional parking, and (ii) a compensation of management fees will always be charged by TravelCar.com from the OWNER. The amount of the additional parking and compensation is indicated in the scale of expenses and insurance allowances.
6.6 Cancellation of a booking contract by the OWNER
6.6.1 Each OWNER can cancel at any time and without fees before the actual handing over of the vehicle to TravelCar.com. It is only necessary that the OWNER should inform TravelCar.com in advance, that is to say before the date laid down in the booking contract, either by the Booking System, or via his TravelCar.com. account Compensation of Management fees will always be charged by TravelCar.com from the OWNER's bank account for each booking contract for which the OWNER has not informed TravelCar.com prior to the non delivery of the vehicle on the date and place provided for in the booking contract. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
6.6.2 In the case of repeated cancellation of booking contracts, TravelCar.com reserves the right not to accept offers of vehicle by the OWNER.
6.7 Duration of the booking contract
6.7.1 Each booking contract is concluded as of the date of the reservation made by the OWNER of the vehicle through the Booking System (ii) for the term of use of the vehicle defined in the contract for the corresponding booking. The duration of a booking contract may not exceed thirty (30) days from the date of taking possession of the vehicle by the OWNER. In the case of use of the vehicle exceeding thirty (30) days, several successive booking contracts must be concluded with TravelCar.com.[11]
6.7.2 Since each reservation contract is of fixed duration, it is not possible for the OWNER to interrupt in an anticipated way.
6.8 Delay of refund
If TravelCar.com does not return the vehicle in the conditions of place or time limit laid down in the booking contract, the non-restitution of the vehicle will be the subject of compensation that will be paid by TravelCar.com to the bank account of the OWNER. The amount of this compensation is indicated in the scale of expenses and insurance allowances. [12] [13]
6.9 Statement and contravention of the Highway Code
6.9.1 Any statement of contravention of the highway code received by the OWNER linked to a violation that occurred during the duration of the booking contract must be reported within 72 hours of its receipt [14] [15] by the OWNER to TravelCar.com.
6.9.2 TravelCar.com will provide the OWNER with all the information necessary to fill in the form of exoneration and shall pay the OWNER a compensation sum to cover the costs of sending the exoneration form to the competent authorities. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
6.9.3 TravelCar.com shall provide the owner with the coordinates of the TravelCar.com Member responsible for the vehicle for the duration of the booking contract. The OWNER shall undertakes (i) to use these coordinates only to fill in the exoneration form and (ii) then to delete this information and not to disseminate it, except for the needs of any legal or administrative proceeding to which the OWNER would be implicated because of the Highway Code contravention statement.
6.10 Damage after reservation
The inspection made at the start of each rental establishes the condition of the vehicle when it is left. This inspection is supplemented by photos of the interior and exterior of the vehicle. If TravelCar asks the OWNER himself to make this inspection via the mobile application, he is asked to observe the number of photos required (20), with sharp photos that show in detail each part of the vehicle. The OWNER is accompanied step by step with the mobile application to make this inspection. Damage reported on an area of the vehicle with a blurred inspection photo, or which is absent or too distant may not be considered by our insurance and cannot be recognized by TravelCar. If an OWNER does not wish to make the outward or return inspection, he will be charged the sum of 10 € for a TravelCar partner or agent to perform the inspection in his place.
When damage is found, TravelCar studies the inspection photos to see if the damage was present or not at the start of the rental. If the damage was not observed at the start of the rental, TravelCar assumes the repairs of the damage. In this case, the repairs are covered by the deductible charged by TravelCar (from the renter) and by the insurance provided by TravelCar.
If TravelCar delivers an agreement for the repair of a vehicle, the OWNER has five months to perform the repairs. Beyond this time, the support agreement will no longer be valid.
The costs of repairs related to a vehicle breakdown, a problem of wear or maintenance, will be the responsibility of the owner.
7 Liability of TravelCar.com
7.1 TravelCar.com is responsible for immediate, direct (art. 1231-4 [new] Civil Code) and predictable (art.1231-3 [new] Civil Code) damage caused by bad partial or total fulfilment of the Service TravelCar.com or a booking contract, proven by the OWNER. TravelCar.com is in no way liable for indirect or unpredictable consecutive damage, or caused by poor partial or total fulfilment of the Service, including the cost of obtaining a service of substitution from the Service.
7.2 In any event, the total amount of the financial responsibility of TravelCar.com is limited to the total amount of the sums actually collected by TravelCar.com under the rental by TravelCar.com of the vehicle of the OWNER hired to other TravelCar.com members (art.1231-3 [new] Civil Code), except in the case of (i) gross negligence or fraudulent fault of TravelCar.com (art.1231-3 [new] Civil Code). The OWNER may claim the liability of TravelCar.com only for one (1) year from the date of the occurrence of the breach in question.
For this purpose, TravelCar provides you with the following links leading to the internet sites dedicated to these obligations: site impôts.gouv.fr and site sécurité-sociale.fr.
8 Protection of personal data
8.1 Commitments of TravelCar.com
8.1.1 In accordance with European and French legislation on the protection of personal data including Act no. 78-17 of 6th January 1978 as amended by Act No. 2004-801 of 6th August 2004 relating to computing, files and liberties and Regulation 2016/679 of 27th April 2016 (together, "General Regulation on Data Protection" or "GRDP"), TravelCar.com undertakes to collect and process the personal data of the TravelCar.com members in a lawful, fair and transparent manner, for specified, explicit and legitimate purposes, after having duly informed each Member TravelCar.com by requesting their consent in a specific way by these conditions of collection and processing of their personal data, in addition to the acceptance of the GCU.
8.1.2 TravelCar.com alone is responsible for the processing of the personal data it collects, enters or processes on the occasion of the use of the TravelCar.com Service by TravelCar.com members. The data collected by TravelCar.com is mainly intended to enable TravelCar.com to make the TravelCar.com Service available for the benefit of the TravelCar.com members and customizing the benefit of the TravelCar.com. Service for each member of TravelCar.com. The details of the cookies collected by TravelCar.com figure in Article 8.8 "Cookies collected by TravelCar.com".
8.1.3 TravelCar.com alone determines the purposes and means of the processing of personal data of the TravelCar.com members operated by the use of the Service.
8.2 General provisions
8.2.1 TravelCar.com proceeded with the National Commission of Information and Liberty (CNIL) to the prior declaration of the processing it operates on personal data concerning each TravelCar.com member, in accordance with the simplified standard no. 48. The data indicated as required in the form to become a TravelCar.com member require an exact answer. Any lack of answer or any answer considered abnormal by TravelCar.com is likely to result in the refusal of TravelCar.com to take account of a request for registration as a TravelCar.com Member.
8.2.2 TravelCar.com reserves the right to transmit personal data concerning TravelCar.com Service members, to comply with a legal obligation, in application of a judicial decision or of an independent administrative authority (such as for example the CNIL).
8.3 Right of access, rectification and opposition
8.3.1 Each TravelCar.com member has a right of access and rectification on his personal data, by registered mail to TravelCar.com, except for the personal data given to TravelCar.com in the online membership form that is modified and updated only by each TravelCar.com Member.
8.3.2 Each TravelCar.com member has the right to oppose, any time and without charge, his personal data being used for the purposes of prospecting, in particular commercial, by TravelCar.com or by its trading partners.
8.3.3 TravelCar.com reserves the right to transmit all or part of the personal data of Service TravelCar.com members for the benefit of its contractual partners, for the purpose of marketing. Any use of the personal data of TravelCar.com Service members other than the one indicated above shall be the subject of individual prior and explicit consent from each TravelCar.com Member.
8.4 Bank data
Bank data (bank card number, date of validity, security pictogram, etc.) necessary to the payment required to benefit from the TravelCar.com Service or some other specific benefits are not collected or retained by TravelCar.com, but only by the service provider of the online payment module.
8.5 Sub-contracting of the hosting personal data of the TravelCar.com members
8.5.1 The personal data of the members TravelCar.com are stored and processed by TravelCar.com (and its hosting sub-contractor) on servers located exclusively in the territory of the European Union and are not subject to any transfer outside the European Union, except in pursuance of an adequation decision of the European Union (Argentina, Canada, Israel, New Zealand, Switzerland, Uruguay and "Privacy Shield").
8.5.2 TravelCar.com sub-deals with the processing of personal data of the USER within the meaning of Art. 28 of the EU Regulation 2016/679 or Article 35 of law no. 78-17 of 6th January 1978. TravelCar.com remains solely responsible in respect of each member for the fulfilment of services entrusted to a sub-contractor and ensures, within the meaning of Article 1204 [new]) Civil Code, the strict observance of the provisions of the GCU by its sub-contractor. If the third party guaranteed by TravelCar.com is not performing the contractually services under the responsibility of TravelCar.com, TravelCar.com may be sentenced to pay compensation (art.1204 [new] Civil Code). Accordingly, TravelCar.com undertakes to ensure that its sub-contractor (i) does not process data of the TravelCar.com members otherwise than under the conditions of the GCU and (ii) does not process the personal data of the Members which TravelCar.com would not provide for in the contract, except on written and legitimate instruction from TravelCar.com.
8.5.3 In application of art. 28.3.h) para. 2 of the EU Regulation 2016/679, any new request for processing personal data of the TravelCar.com members by TravelCar.com or its sub-contractor, even on express statement of TravelCar.com, which would be likely to result in non-compliance with the GRDP, leads to the obligation for TravelCar.com to inform each member immediately. The sub-contractor of TravelCar.com has the right to refuse the instructions of TravelCar.com which seemed illegal in meaning of Articles 82.2 and 82.3 of the EU Regulation 2016/679.
8.5.4 In accordance with Article 30.1 of the EU regulation 2016/679 and no later than 25th May 2018, TravelCar.com (and the hosting provider) undertakes to keep a personal data processing list up to date of each Member TravelCar.com comprising:
a) the name and contact information of the person responsible for the processing and, where appropriate, the delegate for data protection;
b) the purposes of the processing;
c) a description of the categories of persons concerned and of the categories of personal data;
d) The categories of recipients to whom the personal data have been or will be given, including recipients in third countries or international organizations;
e) where applicable, the transfers of personal data to a third country or an international organization, including their respective identification;
f) to the extent possible, the deadlines for the deletion of the various categories of data;
g) to the extent possible, a general description of technical and organizational security measures of the processing of the data of the TravelCar.com members.
8.6 Notification of security breaches
8.6.1 In accordance with Art.33.1 and 33.2 of EU Regulation 2016/679 and at the latest from 25th May 2018, TravelCar.com undertakes to inform each Member without delay of any infringement of the security of personal data sent or processed via the Service TravelCar.com when this breach entails, accidentally or illicitly, unauthorized access or disclosure, alteration, or destruction or loss of this data, when this infringement of the security of personal data "is likely to engender a high risk to rights and liberty". TravelCar.com also undertakes to inform the CNIL of any breach of security of personal data of the TravelCar.com members in the conditions laid down by the law.
8.6.2 At the latest as of 25th May 2018, in the event of the occurrence of a breach of security of the data of TravelCar.com members, TravelCar.com undertakes (i) as quickly as possible to take any appropriate technical correction measure of the service to stop the identified breach of security, particularly in order to make the data unintelligible to any person unauthorized to have access and apply them to the data concerned by this breach of security and (ii) to justify in writing without delay to the TravelCar.com Members concerned.
8.7 Figuring of data
In application of law no. 2015-912 "Information" of 24th July 2015 and for the case in which TravelCar.com would have proceeded to the encryption of all or part of the data of the TravelCar.com members, TravelCar.com recalls that, under penalty of criminal sanctions, "[the service providers] who provide benefits of cryptology aimed at ensuring a function of privacy are required to submit within a period of 72 hours to agents [of specialised intelligence services], on their request, the conventions enabling the decryption of data processed by means of services they have provided. The agents [of specialised intelligence services] may ask the suppliers [cryptology services] to implement these conventions within a period of 72 hours unless [cryptology service provider] demonstrates that he is not able to meet these requisitions".
8.8 Cookies collected by TravelCar.com
8.8.1 Whether you are a TravelCar.com Visitor or Member, during your browse on the TravelCar.com site, TravelCar.com is likely to collect information through the use of cookies. Some of the data relate to the characteristics of the operating system, the browser or the device (computer, tablet or mobile phone) you use, others are related to your location (including the IP address) or your interactions with the content of the TravelCar.com site (numbers of visits on the site, pages visited, bookings made, advertisements on which you click, etc.).
8.8.2 Cookies can have different purposes, particularly:
(i) the improvement of your browsing on the TravelCar.com site and the provision of services you have specifically requested (for example, authentication to access your account, etc.). These are so-called "functional" cookies.
(ii) to measure the audience of the TravelCar.com site to improve performance. These are so-called "analytical" cookies.
(iii) targeted advertising and the customization of the content shown to you. These are so-called "advertising" cookies.
(iv) the "social networks" sharing buttons. These are so-called "social networks" cookies. These cookies are either directly implemented by TravelCar.com, or proposed through partners (publishers of audience measurement solutions, advertising agencies and social networks in particular).
8.8.3 The partners of TravelCar.com are likely to issue cookies they operate and control directly. The emission and/or the use of cookies by these third parties is subject to the policies specific to these third parties, who promise to TravelCar.com to respect the law on Information and Liberty. The issue of these cookies and the collection of this data does not allow the partners to TravelCar.com to identify you personally. The only information transmitted by the cookies may relate only to the content of the pages consulted, to the exclusion of any other information.
8.8.4 At any time, you can object to the saving of cookies by configuring your browsing software (Internet Explorer, Safari, Firefox, etc.). You can freely change the settings of your browsing software in such a way that the cookies are saved in your device or rejected either systematically or according to their issuer, or to be informed at the time a cookie is likely to be saved in your device, to allow you to accept or refuse.
8.8.5 If you have accepted that your navigation software should save cookies in your device, TravelCar.com (and its potential providers) will be able to deal with your browsing data. If you reject all cookies, it is possible that you may not be able to use the whole TravelCar.com service which requires that you should be logged one or identified, and you will no longer have the possibility to customize the TravelCar.com Service from the TravelCar.com site.
II - Scale of additional costs:
Costs in the case of absence of mandatory equipment: safety kit (vest+triangle) = 15 € per article.
Costs of anti-puncture aerosol = 25 €
Costs of cleaning = 15 € and 50 € depending on the degree of dirt on the vehicle
Costs of filling up with fuel: Diesel fuel = 2.10 €, unleaded petrol = 1.70 €
Compensation to cover the costs of sending the exoneration form: 5€
Cost of inspection by a TravelCar agent or partner: 10€
| Additional costs | |
|---|---|
| Costs for extension without having consulted the TravelCar service | 10€ per day |
| Costs if the vehicle cannot be hired out according to the conditions of TravelCar | 10€ per day |
| Costs if the owner cannot be hired out [?] according to the conditions of TravelCar | 15€ |
| Management fees on small repairs of repairing tires, wipers, battery, etc. | |
|---|---|
| Invoice < 50€ | Invoice + 10€ of management fees |
| Invoice < 100€ | Invoice + 20€ of management fees |
| Invoice > 100€ | Invoice + 50€ of management fees |
I - General Conditions of Use of the TravelCar.com car rental service
1 TO READ BEFORE VISITING THE SITE TravelCar.com
1.1 The TravelCar.com service
1.2 Right of withdrawal
1.3 TravelCar.com site editor
1.4 TravelCar.com respects your personal data
1.5 Intellectual property rights of TravelCar.com
2 Provisions common to visitors and TravelCar.com members
2.1 Definitions
2.2 TravelCar.com site availability
2.3 Suspension of access to the TravelCar.com service
2.4 Convention on the proof
2.5 Intellectual property rights
2.6 Force majeure
2.7 Autonomy of stipulations
2.8 Transfer of the contract
2.9 Notification and computation of time limits
2.10 Applicable law - Courts of competent jurisdiction
3 Becoming a TravelCar.com member
3.1 Online registration or via the TravelCar.com reservation system
3.2 Password of the TravelCar.com account
4 Acceptance and change of the General Conditions of Use
4.1 Formal acceptance of the GCU
4.2 Modification of the GCU
4.3 Consent and convention on the proof
5 Use of the TravelCar.com service
5.1 Accepting a rental contract
5.2 Rental contract and pre-contract information
5.3 Price of the rental
5.4 Rental with a professional leaser partner of TravelCar.com
5.5 Cancellations - reimbursement - right of withdrawal - insurance
5.6 Duration of the RENTAL
5.7 Extension - late return
5.8 Administrative documents relating to the vehicle and the parties
6 Commitments of the RENTER for each Rental Contract
6.1 The principles to which the RENTER is committed
6.2 Taking possession of the vehicle by the RENTER
6.3 Return of the vehicle by the RENTER
7 Price of the Service and the amount of the rental
7.1 Conditions of payment
7.2 Deposit
7.3 Amount of franchises
7.4 Additional costs:
8 Insurance and incidents
8.1 Insurance and procedure in the event of an incident.
8.2 Procedure in the case of an accident without third party
8.3 Procedure in the case of an incident with a third party
9 Liability of the RENTER
9.1 Infringement of the Highway Code.
9.2 The responsibilities related to the vehicle
9.3 In the event of an accident, breakdown and damage - breakdown assistance
9.4 In case of theft or other damage
9.5 Damage affecting the vehicle
10 Liability of TravelCar.com
11 Protection of personal data
11.1 Commitments of TravelCar.com
11.2 General provisions
11.3 Right of access, rectification and opposition
11.4 Bank data
11.5 Sub-contracting of the hosting personal data of the TravelCar.com members
11.6 Notification of security breaches
11.7 Figuring of data
11.8 Cookies collected by TravelCar.com
12 The specifics of the "Le Pass" service
1 TO READ BEFORE VISITING THE SITE TravelCar.com
Whether you are visitor or member, the simple fact of browsing on the TravelCar.com site implies that (i) you agree with the provisions of article 1 "To read before visiting the site TravelCar.com" of these general conditions of use and (ii) you agree to comply without reserve. IF YOU DO NOT ACCEPT THESE CONDITIONS, YOU MUST NOT BROWSE THE TravelCar.com SITE.
1.1 The TravelCar.com service
-> You are an individual or a professional and you want to rental a vehicle? You are a "RENTER" of TravelCar.com.
-> To become RENTER, you must become a TravelCar.com member by creating an TravelCar.com account or by booking a vehicle via the reservation system (which automatically creates your TravelCar.com account).
-> In both cases, you will need first to accept the GCU and the conditions of each Rental Contract. Otherwise, you will not be able to benefit from the TravelCar.com service. Wouldn't that be a pity?
1.2 Right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, the right of withdrawal usually exercised for distance selling does not apply in the case of car rental. The cancellation conditions applied to each TravelCar.com Member who has become "RENTER" are contained in the article "Cancellations - reimbursement" of the GCU.
1.3 TravelCar.com site editor
The TravelCar.com site is a service of electronic communication to the public on-line edited by MHIRI INNOVATION SAS - identification no. 790 020 606 RCS Paris - Headquarters 45 rue de la chaussée d’Antin 75009 Paris - represented by its Chairman acting as director of the publication - e-mail: contact@TravelCar.com
1.4 TravelCar.com respects your personal data
TravelCar.com is concerned for the respect of legislation relating to the personal data of TravelCar.com members. The detail of the policy for the collection, processing and protection of personal data of TravelCar.com is subject to the prior acceptance of and separate and distinct from each TravelCar.com member in the conditions listed in the article "Protection of Personal Data" of the GCU. No TravelCar.com account can be created without the successive acceptance of (i) the GCU and (ii) the personal data protection policy of TravelCar.com. The conditions for the protection of personal data accepted by each TravelCar.com member are accessible from the TravelCar.com account of each TravelCar.com member.
1.5 Intellectual property rights of TravelCar.com
1.5.1 TravelCar.com holds all intellectual or industrial property rights relating to the site and the TravelCar.com service. In your quality of TravelCar.com visitor or member, you agree not to reproduce any of the elements of the TravelCar.com site on any media, paper or electronic. Any contrary use of all or part of the TravelCar.com site or any of its elements would constitute an infringement likely to result in civil and/or criminal proceedings against you.
1.5.2 TravelCar.com enjoys the protection conferred to the producer of databases by articles L.341-1 and following of the Code of intellectual property. Within the strict limits of the exceptions provided for by Articles L. 342-2 and L.342-3 of the Intellectual Property Code, the following are prohibited: total or partial extraction, and/or reuse by making available to the public, in any form and on any media whatsoever, of any element of the TravelCar.com site as one or several of the contents found there.
2 Provisions common to visitors and TravelCar.com members
2.1 Definitions
The terms whose the first letter figures in uppercase will have, in the text of the General Conditions of Use (GCU), the definition laid down in this article.
2.1.1 General Conditions of Use of GCU
Refers to the present conditions of use of the TravelCar.com service which are permanently accessible online on the TravelCar.com site and from the TravelCar.com account of each TravelCar.com member, after their acceptance on line. The conditions of protection of personal data of the TravelCar.com members are included in the GCU, even if these conditions are the subject of a separate acceptance of the GCU. The GCU accepted online by the TravelCar.com member apply throughout the duration of a rental contract. In accordance with Article 1230 [new] Civil Code, the stipulations which by nature survive the disappearance of a contract (for example, rules for the protection of personal data) survive the arrival of the contractual term or the taking effect of the termination of the rental contract or of the GCU, whatever the cause and/or the basis.
2.1.2 TravelCar.com member
Means any physical person who created an TravelCar.com account online on the TravelCar.com site or through the booking system and who accepts the GCU in advance.
2.1.3 Rental Contract
Refers to the specific provision (i) of online booking of a proposed vehicle online on the TravelCar.com site and (ii) of rental of this vehicle in application of special conditions of rental (the "Rental Contract"). Each rental contract (i) is concluded as of the date of its booking once payment is made online and (ii) is subject to the provisions of the GCU. Each rental contract is accepted electronically and is stored in the Member TravelCar.com account concerned.
2.1.4 RENTER
Designates a TravelCar.com Member (i) who has booked a vehicle online on the TravelCar.com site and (ii) who takes possession and uses this vehicle in the conditions of the GCU and a rental contract.
2.1.5 TravelCar.com service
Refers to the vehicle booking and rental service proposed by TravelCar.com which allows a renter to have a rental vehicle in the conditions of the GCU specified by a rental contract.
2.1.6 Booking System
Together designates the TravelCar.com web site, mobile applications and the telephone platform of TravelCar.com allowing the RENTER to book a vehicle and to conclude a rental contract with TravelCar.com.
2.1.7 Vehicle
Refers to new or used cars offered for rental by individuals or professional hirers on the TravelCar.com site.
2.1.8 Visitor
Designates the internet user who visit the TravelCar.com site, without possessing the quality of TravelCar.com member.
2.2 TravelCar.com site availability
TravelCar.com strives to ensure the availability of the TravelCar.com service 24 / 7. However, it may happen that access to the TravelCar.com site or that the TravelCar.com service is closed down due to maintenance, hardware or software upgrades , emergency repairs of the TravelCar.com site, or as a result of circumstances beyond the control of TravelCar.com (for example failure of the Internet network, disruption of Telecom traffic, etc.). TravelCar.com undertakes to take all measures to limit these disturbances, provided that they be attributable.
2.3 Suspension of access to the TravelCar.com service
In the case of serious non-compliance (art. 1219 [new] Civil Code) by you with all or part of the GCU or a rental contract, you are informed that TravelCar.com may at any time, immediately and fully legally, suspend the execution of the Service, temporarily or permanently, with simultaneous information for your attention by electronic means, without any other notice or formality of any kind.
2.4 Convention on the proof
2.4.1 By accepting the GCU and each rental contract, each TravelCar.com Member accepts that the evidence of his contractual commitments, especially consent to the collection of personal data or payments, can be made by the electronic records provided by TravelCar.com or its service providers.
2.4.2 The Parties recognize that any modification of the contract may be agreed only in a written addendum, possibly in the form of electronic writing (art. 1366 [new] Civil Code), (an "amendment"). Accordingly, in the absence of Amendment previously accepted by the Member TravelCar.com, the following will be deemed null and void: (i) any verbal or written agreement (SMS / Tweet / e-mail / letter / telephone conversation / etc.) between the parties relating to the GCU or a rental contract, as well as (ii) any benefit, even partially executed by TravelCar.com which would not be specifically included in the strict scope of the TravelCar.com service.
2.5 Intellectual property rights
2.5.1 TravelCar.com holds all intellectual or industrial property rights relating to the TravelCar.com site. In your quality of TravelCar.com visitor or member, you agree not to reproduce any of the elements of the TravelCar.com site on any media, paper or electronic. Any contrary use of all or part of the TravelCar.com site or any of its elements would constitute an infringement likely to result in civil and/or criminal proceedings against you.
2.5.2 TravelCar.com enjoys the protection conferred to the producer of databases by articles L.341-1 and following of the Code of intellectual property. Within the strict limits of the exceptions provided for by Articles L. 342-2 and L.342-3 of the Intellectual Property Code, the total or partial extraction, and/or reuse by making available to the public, in any form and on any media whatsoever, of any element of the TravelCar.com site or one or several of the contents found there are prohibited without prior and written agreement of TravelCar.com.
2.6 Force majeure
2.6.1 None of the parties may be held liable for the breach of one of his contractual obligations by the fact of the occurrence of a case of force majeure understood as an event (i) beyond the control of the party who suffers from it (ii) which could not be reasonably anticipated at the time of the conclusion of the contract and (iii) the effects of which cannot be avoided by appropriate measures (art. 1218 [new] The Civil Code).
2.6.2 For the duration of the force majeure, if the impediment is temporary, the event of force majeure suspends for the prevailing party, the fulfilment of his obligations, unless the delay that would result does not justify the resolution of the rental contract (except for the obligation to pay the amounts due under the contract on the date of the occurrence of the event of force majeure). If the impediment is final, the rental contract concerned is resolved and the parties released from their obligations, subject to the notification of this resolution by the most diligent of the two parties. In all cases, the party affected by the force majeure shall take the appropriate measures (art. 1218 [new] Civil Code) to avoid, eliminate or reduce the causes of the delay and resume the fulfilment of his obligations as soon as the event that is invoked will have disappeared.
2.7 Autonomy of stipulations
The GCU and each Rental Contract supersede and replace all the prior, verbal or written agreements or contracts between the parties, concerning the same services. If any provision of the GCU or a rental contract is considered void or non-written by a decision of Justice having authority of res judicata in the main proceedings and having the force of res judicata, the parties agree to attempt to limit, as far as possible, the scope of this invalidity so that the other contractual provisions remain in force and that the economic balance of the GCU or a rental contract is respected. In this hypothesis, the Parties undertake to renegotiate in good faith (Art.1104 [new] Civil Code), the drafting of a new clause to substitute the clause thus declared null, unless the cause of the invalidity affecting a clause constitutes a decisive element of the commitment of the parties or of one of them, in which case this invalidity prevails over the invalidity of the Act as a whole (art.1184 [new] The Civil Code).
2.8 Transfer of the contract
Neither the GCU, nor any rental contract may be the subject of a transfer, total or partial, free or against payment, by the Member for the benefit of a third party, save by written and prior agreement of TravelCar.com (art.1216 al.2 [new] Civil Code). The effect of any transfer of the GCU, or a rental contract will occur in the decision to act by writing (under penalty of nullity art.1216 al.3 [new] Civil Code) by TravelCar.com of the transfer. In the case of assignment duly accepted in advance by TravelCar.com, the TravelCar.com Member will remain jointly and severally liable with the transferee in respect of TravelCar.com of strict respect of the GCU and/or of the rental contract by the assignee (art.1216-1 [new] The Civil Code).
2.9 Notification and computation of time limits
Any notification (notice, approval or consent) required or needed in the application of the contract including the issue and/or reception is not expressly provided electronically in the GCU and which would be required or necessary in the application of the other stipulations of the GCU will need to be made in writing, and will be deemed validly given if sent by registered letter with a request for acknowledgement of receipt to the mailing address of TravelCar.com. Save special provision, the times are counted by calendar day. Any time period counted from a short notification from the date of the first attempt to issue to the recipient, as evidenced by the postmark. No other notification by e-mail will be taken into account by TravelCar.com.
2.10 Applicable law - Courts of competent jurisdiction
The GCU and each rental contract shall take into account the reform of the Law of Contracts (Order No. 2016-131 of 10th February 2016).
2.10.1 The GCU constituting a membership contract between each TravelCar.com Member and TravelCar.com (art.1110 [new] Civil Code), each TravelCar.com Member has the right to request the judicial annulment of any clauses which would be manifestly unbalanced (art.1171 [new] The Civil Code).
2.10.2 The GCU are applicable to the provision of the service rendered by TravelCar.com on the territory of the French Republic and are subject to French law, both for the rules of form as for the substantive rules. Any dispute will be under the jurisdiction of the French court that has territorial competence according to the rules of the common law of the Code of Civil Procedure.
3 Becoming a TravelCar.com member
3.1 Online registration or via the TravelCar.com reservation system
3.1.1 To become a TravelCar.com member, simply:
(I) create a free TravelCar.com account on the TravelCar.com site or on the TravelCar.com mobile application by filling in the form for this purpose and by accepting the GCU, or
(ii) contact the TravelCar.com telephone platform and validate online the free creation of your TravelCar.com account in the above conditions.
3.1.2 You can become RENTER only after (i) validation of your TravelCar.com account in the above conditions and (ii) on-line validation of a booking contract and (iii) online payment of the sum corresponding with the rental and deposit.
3.2 Password of the TravelCar.com account
When you register as a TravelCar.com member, a password is assigned to you. It will allow you, with your login, to access the TravelCar.com Service, and consult or modify the personal data concerning you. You assume sole responsibility for all the activities carried out from your TravelCar.com account with your password. It is your responsibility to ensure strict respect for the confidentiality of your password. You must immediately report to TravelCar.com any unauthorized use of your password or report it to TravelCar.com if you think your password is no longer confidential.
TravelCar.com reserves the right to require that you change your password if TravelCar.com believes that it no longer provides adequate security. In the event of a problem linked with a clearly abnormal use of your TravelCar.com account with your password, TravelCar.com reserves the right to suspend, temporarily, all access to your account TravelCar.com with this password whilst waiting for it to be reset with your consent.
4 Acceptance and change of the General Conditions of Use
4.1 Formal acceptance of the GCU
You can become a TravelCar.com member and benefit from the TravelCar.com Service only after having formally accepted the GCU in their latest version online.
4.2 Modification of the GCU
4.2.1 TravelCar.com reserves the right to modify the GCU at any time, the features offered on the TravelCar.com site, or the rules of operations of one or several specific services.
4.2.2 TravelCar.com undertakes (i) to inform you in advance of this change by any convenient means, and (ii) if necessary, to ask for your prior consent again.
4.2.3 The scale of fees and insurance compensation in force is accepted by the RENTER at the time of the conclusion of each rental contract. This scale is accessible online on the TravelCar.com site and is likely to change at any time without notice. The scale applicable to each rental contract concluded with the TravelCar.com (i) is the subject of an acceptance, with the GCU, by the RENTER at the time of the conclusion of each rental contract and (ii) is searchable on the TravelCar.com Member's account with each rental contract concluded.
4.3 Consent and convention on the proof
4.3.1 The fact of accepting the GCU by clicking the acceptance button proposed to you implies that:
(I) you certify to TravelCar.com that you have the ability, within the meaning of Articles 1145 to 1152 [new] Civil Code, to subscribe validly to the CGU and a rental contract;
(ii) you agree that the evidence of your contractual commitments, including your acceptance of the GCU, of the policy of protection of personal data and a rental contract, and your payments by credit card, can be provided by the electronic records provided by TravelCar.com or one of its service providers and who will prevail over any other;
(iii) you guarantee that you have personally all the rights to rental a car and drive on a public road legally.
4.3.2 You can at any time access the CGU from your TravelCar.com account, the policy of protection of your personal data, your rental contracts and the scale of fees and insurance compensation you have accepted with each rental contract, and print each of these documents through the feature your browser software offers you.
5 Use of the TravelCar.com service
5.1 Accepting a rental contract
5.1.1 Once you have become a TravelCar.com member, you can book and have a rental vehicle for your personal or professional use depending on the case: you become "RENTER". From the booking system, each TravelCar.com Member may consult the proposals of rental made by TravelCar.com and conclude a rental, after (i) booking a vehicle (ii) formal acceptance of a rental contract and (iii) payment of the corresponding amounts.
The list of benefits of which the TravelCar.com Service consists and the detail of each rental defined in each rental contract (i) describe together, explicitly and in a comprehensive manner the essential qualities of service rendered by TravelCar.com (art.1133 [new] the Civil Code), and in consideration of which both parties have decided to contract, to the exclusion of any other essential quality implied that the TravelCar.com member could expect and that TravelCar.com may not know and (ii) make the entire service of TravelCar.com of a quality conforming to the legitimate expectations of the CLIENT and TravelCar.com, in consideration of the nature of the benefits constituting together and indivisibly the service of TravelCar.com, of uses and the amount of the counterpart the CLIENT undertakes to pay TravelCar.com to use the TravelCar.com Service and the hired vehicle (art.1166 [new] Civil Code).
5.2 Rental contract and pre-contract information
5.2.1 In the event of a contradiction between the terms of a rental contract and those of the GCU, the provisions of the rental contract shall prevail (art.1119 al.3 [new] Civil Code). The parties recognize that the rental contract is synallagmatic (art.1106 [new] Civil Code), against payment (art. 1107 [new] Civil Code) and of successive fulfilment (art. 1111-1 [new] Civil Code).
5.2.2 Prior to concluding a rental contract, the RENTER is bound (i) to verify that the service corresponds with the definition of its needs and (ii) to ensure that the service is dimensioned in a measure which would allow it to fulfil its own objectives that TravelCar.com cannot know. For this purpose, the RENTER acknowledges having known from TravelCar.com all the information critical for his consent, presenting a direct and necessary link with the content of the Service and the quality of TravelCar.com, except for the RENTER to prove (i) that he did not know in a legitimate manner one of these pieces of information or that he had trusted TravelCar.com (art.1112-1 [new] Civil Code) and (ii) that the knowledge of this decisive information would have led to contract to substantially different conditions (art.1130 [new] Civil Code). TravelCar.com also reminds the RENTER that the duty of information of TravelCar.com does not concern the estimate of the value of the Service (art.1112-1 [new] Civil Code) that TravelCar.com undertakes to provide to the RENTER, nor on that of each rental contract. Finally, TravelCar.com reminds the RENTER that any inaccurate economic assessment of the Service or a rental contract by the RENTER prior to the acceptance of the GCU or a booking contract is not a cause of nullity of the rental contract concluded with TravelCar.com (art.1136 [new] Civil Code).
5.3 Rental with a professional leaser partner of TravelCar.com
If, among the booking offers, you choose a vehicle of a professional renting partner of TravelCar.com, you will need to accept online the rental conditions of this partner which will prevail over the CGU of TravelCar.com.
5.4 Cancellations - reimbursement - right of withdrawal - insurance
5.4.1 If the TravelCar.com Member contracts with TravelCar.com as a consumer, it is to be recalled that the right of withdrawal which usually applies in distance selling is not in force for activities related to car rental as it is said in article 1.2 of the GCU.
5.4.2 Accordingly, for any cancellation by the RENTER of a rental contract between a week and 72 hours before the date of taking possession of the vehicle provided for in the rental contract, TravelCar.com shall reimburse the RENTER 50% of the amount of the rental contract, if the RENTER has not taken out cancellation insurance. For any cancellation by the RENTER of a rental contract of less than 72 hours before the date of taking possession of the vehicle provided for in the rental contract, TravelCar.com will not reimburse the RENTER for the amount of the rental contract, if the RENTER has not taken out cancellation insurance.
5.4.3 These repayment terms extend to any other reason for cancellation of the rental contract for breach sufficiently serious of the RENTER (non-delivery of administrative documents within the time limits, impossibility of blocking the amount of the deposit, etc.).
5.4.4 If the RENTER has made a reservation with cancellation insurance included, he may cancel his reservation and the rental contract at any time and TravelCar.com shall reimburse the RENTER 100% of the amount of the rental contract in the case of cancellation confirmed by the RENTER up to the scheduled time of taking possession of the vehicle, decreased by the amount of only the cancellation insurance which has been paid by the RENTER at the time of booking.
5.4.5 In the case of unavailability of the vehicle specifically reserved by the RENTER, TravelCar.com undertakes to inform the RENTER as quickly as possible and to propose another vehicle of the same category depending on the other vehicles available on the TravelCar.com site for the dates and the duration of the rental contract for the RENTER. If no vehicle is available, TravelCar.com, not having reserve vehicles, shall proceed with the cancellation of the reservation and the full refund of the RENTER.
5.5 Duration of the RENTAL
5.5.1 Each rental contract is concluded (i) as of the date of the reservation and online payment by the RENTER of the vehicle through the Booking System (ii) for the term of use of the vehicle defined in the corresponding rental contract. The duration of a rental contract may not exceed thirty (30) days from the date of taking possession of the vehicle by the RENTER. In the case of use of the vehicle exceeding thirty (30) days, several successive rental contracts must be concluded with TravelCar.com.
5.5.2 Since each rental contract is of fixed duration, it is not possible for the RENTER to interrupt in an anticipated way.
5.6 Extension - late return
5.6.1 The RENTER wishing to extend his contract of rental or deadline for the return of the vehicle must first contact TravelCar.com:
(i) if the vehicle is available, the renewal of the rental contract will give rise to prior acceptance of the RENTER and TravelCar.com and the payment of the sums corresponding with the new rental contract in accordance with the conditions laid down in the GCU.
(ii) if the vehicle is not available for a renewal of the lease, the RENTER must return it to the TravelCar.com car park in which he initially had to leave it. If other vehicles are available, the RENTER will have to conclude a new rental contract. Any lack of response from TravelCar.com cannot be claimed to be tacit acceptance of the RENTER's request.
5.6.2 The additional kilometres travelled by the RENTER under each rental contract on expiry must be paid by the RENTER, even in the case of a renewal of the rental contract.
If the RENTER does not return the vehicle in the conditions of place or time limit laid down in the rental contract, or does not inform TravelCar.com about his delay, the non-restitution of the vehicle will be the subject of compensation of management fees that will be taken by TravelCar.com from the bank account of the RENTER. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
5.7 Administrative documents relating to the vehicle and the parties
5.7.1 To simplify the process of concluding the hir contract, TravelCar.com records all the administrative documents necessary for driving the vehicle (driving licence, registration certificate, certificate of insurance, technical inspection update if necessary, etc.). These documents are integrated in the booking system and, once the rental contract is concluded between TravelCar.com and the RENTER, accessible online by the RENTER from his TravelCar.com member account for the duration of the rental contract, to be able to prove the legal use of the rented vehicle, for example in the case of a police check. These documents will be stored in digital form in a secure manner and kept under the conditions specified in the GCU. The driving licence of the RENTER stored online must be legible. TravelCar.com alone determines whether the driving licence submitted by the RENTER (like all administrative documents necessary for the conclusion of a rental contract) is consistent with this essential obligation of the RENTER.
5.7.2 If the documents provided by the RENTER are blurred or unusable, compensation of management fees will be levied by TravelCar.com from the bank account of the RENTER. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
5.7.3 The RENTER assumes alone and personally all the costs related to driving the rented vehicle on the public road (tolls, fines resulting from an infringement of traffic and parking laws, etc.). The RENTER is presumed to be responsible for breaches of the highway code committed by the vehicle during the duration of the rental contract. He must immediately inform TravelCar.com of any breach of the Highway Code committed and personally pay the amount of any fine.
5.7.4 Any statement of infringement established during the rental contract will be the exclusive responsibility of the RENTER and compensation of management fees will be levied by TravelCar.com from the bank account of the RENTER. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
5.7.5 The RENTER expressly authorizes TravelCar.com to provide the owner of the vehicle with his personal data so that the owner can fill in the form of exoneration accompanying the statement of infringement.
6 Commitments of the RENTER for each Rental Contract
6.1 The principles to which the RENTER is committed
From the date of the handover of the keys of the vehicle by TravelCar.com and up to their return by the RENTER to TravelCar.com, the RENTER undertakes:
(i) to use the vehicle as a safe driver and not to drive on a public road or in a state of drunkenness, nor under the influence of narcotic or illicit substances;
(ii) to return the vehicle in the same condition as before the rental, accompanied by all its accessories (including safety), documents, user instructions and manuals, which he will replace at his expense in the case of destruction, loss or theft, in addition to the payment of a management fee which will be levied by TravelCar.com from the bank account of the RENTER. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
(iii) The RENTER must register on the TravelCar.com site under his true identity. Only one TravelCar.com account per physical person is authorized.
(iv) The RENTER must be the holder of a valid driving licence in France with more than 2 years (10 years for sports vehicles), be over 21 years of age (28 years for the rental of Subaru or Porsche vehicles) and hold a payment card in his name. Approved additional drivers must produce an identity card and a valid driving license. Not all driving licences are automatically accepted due to French legislation:
- If the licence has been issued by a country of the European Economic Area (European Union + Iceland, Liechtenstein, Norway): the licence is valid without additional documents.
- If the licence has been issued outside the European Economic Area you will need to check and take a photo of each of the following documents at the start of the rental:
- The valid licence
- An official translation of the valid licence OR a valid international licence
- The page of the passport that shows the date of entry on the territory to know the duration of the stay.
(v) only the RENTER and any additional drivers, approved in advance by TravelCar.com may drive the vehicle during the rental contract. The non-respect of this obligation during the rental contract will automatically transfer to the RENTER the liability for any damage that would occur.
(vi) The RENTER and any extra drivers declare that they have not had a bodily accident for which they were responsible or conviction for driving under the influence of alcohol or drugs for more than three years. The RENTER declares on his honour that he has had no accident with aggravating circumstances over the 36 months preceding the rental contract.
(vii) The RENTER and any additional drivers must provide TravelCar.com online with electronic copy of their driving licence (both sides) and their identity card. All these documents must be legible in the conditions indicated in point (v) above. These documents will be stored in digital form in a secure manner and kept under the conditions specified in the GCU.
(viii) The RENTER and any additional drivers will be required to produce to the date of the beginning of the rental, the originals of their driving licence, identity cards and credit card used to make the payment.
(ix) The RENTER undertakes to update the data provided regularly at his registration and to inform TravelCar.com without delay of any change affecting his conditions of eligibility for the Service.
(x) It is also to be noted that it is strictly forbidden to smoke inside the vehicles hired through the TravelCar.com service or to transport animals. The breach of these rules will systematically result in the payment of a management fee which will be levied by TravelCar.com from the bank account of the RENTER. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
(xi) If the RENTER does not fulfill all the conditions mentioned above, TravelCar.com will proceed with the cancellation of the booking and keep all sums paid by the RENTER as provisional compensation.
(xii) The RENTER must return the vehicle himself at the end of the rental. The return of the vehicle by a person not mentioned in the rental contract will result in the payment of a management fee which will be levied by TravelCar.com from the bank account of the RENTER. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
6.2 Taking possession of the vehicle by the RENTER
6.2.1 On the date of taking possession of the vehicle provided for in a rental contract, as at the date of its return, an inspection is made by TravelCar.com or by the RENTER before and after each rental. These inspections are available on the TravelCar.com account of the RENTER. It is the RENTER's responsibility to ensure that the photos taken, during the "incoming" and "outgoing" inspections are in line with the directives of TravelCar.com. The photos taken and sent to the booking system are evidence of the condition of the vehicle at the time of its delivery by TravelCar.com to the RENTER and at the time of its return to TravelCar.com by the RENTER.
6.2.2 On the date, time and place specified in each rental contract, the RENTER shall show up at the Agency TravelCar.com or its partner. The inspection made with the TravelCar.com application at the start of each rental establishes the condition of the vehicle when the RENTER takes it. This inspection is supplemented by photos of the interior and exterior of the vehicle. If TravelCar.com asks the RENTER to make this inspection himself, he is asked to observe the number of at least 20 photos, with sharp photos that show each part of the vehicle in detail. Damage reported on an area of the vehicle with a blurred inspection photo, or which is absent or too distant may not be considered by TravelCar.com and will be totally and exclusively at the expense of the RENTER. If an RENTER does not wish to make the inspection, he will be charged the sum of 10 € for a TravelCar partner or agent to perform the inspection in his place.
6.2.3 Once the identity of the RENTER is verified by TravelCar.com and photos of "outgoing" inspection taken and transferred to TravelCar.com, TravelCar.com hands over the keys of the vehicle to the RENTER. The RENTER can then use the vehicle, in the respect of the rental contract and of the GCU, as well as the rules of the Highway Code.
6.3 Return of the vehicle by the RENTER
6.3.1 The RENTER undertakes to return the vehicle on the date, time and place agreed in the rental contract.
6.3.2 The vehicle is returned personally by the RENTER on the TravelCar.com car park or that of its partner where the RENTER took possession of the vehicle. In the case of return of the vehicle elsewhere, the RENTER must make the prior request to TravelCar.com.
6.3.3 Once on the place of return is agreed, the RENTER takes photos of the vehicle. Here again, the inspection made using the TravelCar.com application establishes the condition of the vehicle. This inspection is supplemented by photos of the interior and exterior of the vehicle. If TravelCar.com asks the RENTER to make this inspection himself, he is asked to observe the number of at least 20 photos, with sharp photos that show each part of the vehicle in detail. Damage reported on an area of the vehicle with a blurred inspection photo, or which is absent or too distant may not be considered by our insurance and cannot be recognized by TravelCar and shall be totally assumed by the RENTER. The photos are automatically sent into the booking system.
6.3.4 TravelCar.com records the handing over of the keys of the vehicle in the booking system.
6.3.5 The inspection made by TravelCar.com will be available in the customer space 48 hours after the recovery of the vehicle.
The vehicle must be returned by the RENTER with the same quantity of fuel as mentioned in the inspection and in the same state of interior and exterior cleanliness. Otherwise, TravelCar.com reserves the right to require the RENTER to pay the fixed amount corresponding with the repair of the vehicle and filling up with fuel by application of the scale of expenses and insurance allowances, in addition to the payment of management fee which will be levied by TravelCar.com from the bank account of the RENTER. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
7 Price of the Service and the amount of the rental
7.1 Price of the rental
7.1.1 TravelCar.com offers you the rental of both private vehicles and vehicles of professional hirers. The price of each rental varies depending on the vehicle chosen by the RENTER. The amount of the RENTAL figures on each vehicle booking offer and remains valid as long as the booking of the vehicle is proposed online.
7.1.2 The amount of each rental contract is accepted by each TravelCar.com Member at the end of a rental contract. This amount is the counterpart of the Service at the exclusive expense of the RENTER. The amount of each rental is inclusive of VAT. The invoice of TravelCar.com will be available for download by the TravelCar.com Member from his account at TravelCar.com, no later than 48 hours after the return of the vehicle to TravelCar.com. The RENTER acknowledges that the amount of the rental contract was not fixed unilaterally by TravelCar.com without the consent of the CLIENT (Art.1164 and 1165 [new] Civil Code). The offers of rental price are firm and are not subject to prior negotiation.
7.1.3 At the conclusion of each booking contract, you accept the scale of fees and allowances of insurance in force on the TravelCar.com site. You can consult the scale below. This scale, and the options proposed by TravelCar.com being likely to change at the initiative of TravelCar.com, the scale applicable to each of your rental contracts will be available in your TravelCar.com account with each of your rental contracts.
7.1.4 The maximum public price including VAT of the rental of a vehicle per day is indicated in the scale of fees and insurance allowances.
7.2 Conditions of payment
7.2.1 The RENTER must pay only by bank card online. TravelCar.com does not accept Visa Electron cards, MasterCard, Maestro, nor electronic cards (virtual) nor prepaid cards. The bank card must be in the name and surname of the tenant.
7.2.2 Except by prior agreement of TravelCar.com in case of booking on behalf of a third party, the TravelCar.com member must be the person who makes the booking of the vehicle, who concludes the rental contract, the holder of the required documents and of the bank card used for payment online.
7.2.3 The RENTER authorizes TravelCar.com to debit from his bank card all amounts related to the fulfilment of the rental contract, including the flat rate fees in case of partial breach of the rental contract by the RENTER and franchises in the event of an accident. The amount of these costs is indicated in the scale of expenses and insurance allowances.
7.3 Deposit
7.3.1 To ensure the proper fulfilment of the RENTER's obligations, a deposit is paid 72 hours before the beginning of the rental contract from the bank card whose legitimate holder is the RENTER. The amount of the deposit may vary from 800 to 1,200 Euros depending on the category of the vehicle chosen by the RENTER. The amount of the deposit is blocked on the bank account of the RENTER for the duration of the rental contract. The RENTER must have the corresponding provision on his bank account and to have the bank authorization for the corresponding ceiling to conclude the rental contract. If the deposit cannot be blocked by the bank of the RENTER, TravelCar.com shall notify the TravelCar.com Member so that he can verify the authority to give by his bank. The TravelCar.com Member can make a request to lock the deposit again with the same card or with another bank card of which he would be the legitimate holder. In the event of new failure of the operation of blocking the amount of the deposit provided in the rental contract, TravelCar.com will cancel the reservation for a breach of the TravelCar.com Member. The payment of a management fee will be levied by TravelCar.com from the bank account of the RENTER. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
7.3.2 The deposit paid by the RENTER to TravelCar.com covers in particular the repairs of the vehicle and its accessories, penalties, the costs of expertise, the deductible insurance, the costs of administration and any sum in compensation for harm caused, voluntarily or not, by the RENTER to the vehicle or TravelCar.com.
7.3.3 If the costing of the repairs or any degradation of the vehicle would be over the deductible, penalties, fees and the costs of expertise will be due by the RENTER to TravelCar.com in addition to the amount of the deposit. The amount of these costs is indicated in the scale of expenses and insurance allowances.
7.4 Amount of franchises
In the event of damage to the vehicle subject to a rental contract, the fixed sum amounts levied on the bank card of the RENTER will be determined according to the grid below. The payment of a management fee will always be levied by TravelCar.com from the bank account of the RENTER concerned on opening each file concerning an incident. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
7.5 Additional costs:
7.5.1 A provisional compensation amount of the prejudice to TravelCar.com will always be collected by TravelCar.com from the bank account of the RENTER concerned in case of non-compliance by the RENTER with certain obligations of the rental contract not fulfilled by the tenant. The amount of these costs is indicated in the scale of expenses and insurance allowances.
7.5.2 If the insurance of TravelCar.com does not bear all the damage suffered by the third party and the vehicle, the RENTER will assume the remainer of the prejudice not supported by the insurance of TravelCar.com.
8 Insurance and incidents
8.1 Insurance and procedure in the event of an incident.
8.1.1 TravelCar.com has subscribed civil liability insurance covering the lease granted in the framework of the GCU and satisfactory to the obligation prescribed in Article L. 211-1 Insurance Code.
8.1.2 The reference number of the insurance policy of TravelCar.com is: 3896967T MAIF
8.1.3 The area of travel of vehicles is limited to the French territory and the following countries: Austria, Albania, Andorra, Belgium, Bulgaria, Bosnia and Herzegovina, Belarus, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Spain, Estonia, France, Finland, the United Kingdom of Great Britain and Northern Ireland, Greece, Hungary, Croatia, Italy, Israel, the Islamic Republic of Iran, Ireland, Iceland, Luxembourg, Lithuania, Latvia, Malta, Moldova, Morocco, Fyrom, Montenegro, Norway, Netherlands, Portugal, Poland, Romania, Russia, Sweden, Serbia, Slovak Republic, Slovenia, Tunisia, Turkey and Ukraine.
8.1.4 The RENTER benefits from the civil liability insurance and defence appeal, particularly to ensure his defence in the event of an accident involving his liability.
8.1.5 By subscribing to the "comprehensive insurance" option, the RENTER also has the benefit:
(i) of a guarantee against theft, fire and damage from all accidents, after deduction of a deductible specified in the rental contract.
(ii) a guarantee for bodily injury of the driver with a ceiling of guarantee of 1 million €.
8.1.6 The RENTER is responsible for the damage present on the vehicle during the rental and is charged for any damages except in certain cases listed in the GCU.
8.2 Procedure in the case of an accident without third party
8.2.1 TravelCar.com notes of the damage to the vehicle.
8.2.2 If the damage in categorized in the grid of fixed sum compensation in the GCU, the RENTER is charged the amount of the damage up to the amount of the deductible and the fees. The penalty is paid by the RENTER to TravelCar.com on the basis of the finding of the damage and not on the invoice of the repairs to the vehicle.
8.2.3 If the damage is not categorized in the fixed compensation in the GCU, an estimate of the damage is made by TravelCar.com and the corresponding amount is levied from the bank account of the RENTER within the limit of the amount of the deductible by accident.
8.3 Procedure in the case of an incident with a third party
8.3.1 The RENTER shall declare the accident delay without when it occurs and shall send the accident report to TravelCar.com via the address contact@TravelCar.com. TravelCar.com collects the documents required for the opening of the file with the insurer of TravelCar.com and saves the file with the latter. The insurer returns to TravelCar.com and inform it about the responsibilities in the framework of the accident.
8.3.2 If the RENTER is designated by the insurer as not responsible, the deposit is not levied and the insurer is in charge of paying for repairs to the vehicle.
8.3.3 If the RENTER is designated by the insurer as responsible, TravelCar.com collects the amount of repairs from the RENTER up to the amount of the deductible by accident. If the repair costs are higher than the amount of the deductible, the insurer will pay the surplus.
8.3.4 The vehicle is not roadworthy: the assistance of the insurer takes charge of the vehicle and moves it to a garage approved by the insurer. An adjuster is commissioned for costing, this costing will establish the amount payable by the RENGTER within the limit of the deductible by accident.
9 Liability of the RENTER
9.1 Infringement of the Highway Code.
The RENTER is bound to report any infringement of the legislative or regulatory provisions which would have been committed when the vehicle was in his custody or in his possession. In the event of an infringement of the Highway Code committed by the RENTER, TravelCar.com has all the information about the RENTER and may return the letter of exoneration with his coordinates to the competent authorities, and possibly also to the owner of the vehicle. For any infringement of the Highway Code committed by the RENTER, the payment of a management fee will always be levied by TravelCar.com from the bank account of the RENTER concerned on opening each file concerning an incident. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
9.2 The responsibilities related to the vehicle
9.2.1 From the handover of the keys of the vehicle by TravelCar.com to the RENTER and up to their return by the RENTER to TravelCar.com, the RENTER is solely responsible:
(i) of the vehicle in his keeping;
(ii) In the event of a puncture, of all costs and expenses of repair and/or replacement of tyres (a damaged tyre able to justify the change of a pair of tyres);
(iii) and in general, for all the damages caused to the vehicle during the duration of the rental contract without limit, up to the value of the vehicle if he has committed an intentional or serious infringement of the Highway Code or if he has not respected the elementary rules of safety or prudence (negligence of the RENTER who would leave the vehicle with the key in the ignition), or in the case of non-compliance of the GCU, and of all the costs and expenses in case of loss, theft, damage or degradation caused to all or part of the vehicle (and/or its accessories such as for example the keys of the vehicle) by the fault of the RENTER or an identified third party, or the non-return of the vehicle. Any refusal of the RENTER to make an informal report with TravelCar.com entails acceptance by the RENTER of his being financially responsible for the pecuniary consequences of the repair of the vehicle, including damage in his absence.
(iv) the rental of the vehicle is proposed by default with a mileage package by day of rental specified on the rental contract within the limit of 3,500 kilometres per rental contract. Any extra kilometre travelled beyond the 3,500 kilometres will be charged at the rate indicated in the scale of expenses and insurance allowances.
9.2.2 The RENTER is responsible for accessories and options to which he has subscribed at the time of the conclusion of the rental contract. Any damage occurring on the accessories and options of the vehicle will be assumed by the RENTER. The payment of compensation will always be levied by TravelCar.com from the bank account of the RENTER concerned for each damaged, lost or stolen accessory or option. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
9.3 In the event of an accident, breakdown and damage - breakdown assistance
9.3.1 In the event of an accident, the RENTER undertakes to:
(i) notify if necessary the police or gendarmerie.
(ii) write legibly an informal accident report, indicating the detailed circumstances of the accident, countersigned by the other drivers who may be involved and indicating the coordinates of the witnesses as appropriate.
(iii) inform TravelCar.com as quickly as possible and at the latest within 24 hours by e-mail.
(iv) in the case of immobilisation of the vehicle, the RENTER must contact the assistance of TravelCar.com (or its insurer).
9.3.2 An assistance service is available 24 hours a day and 7 days a week:
(i) in France: 0 800 875 875 (green number, free call)
(ii) abroad: + 33 5 49 77 47 78
9.3.3. The member number to be given is 38 96 96 7 T.
9.3.4 In the case of immobilisation of the vehicle as a result of a breakdown or an accident, the assistance of TravelCar.com is committed to the extent possible to provide the RENTER with a replacement vehicle, up to the end of the originally scheduled rental contract.
9.3.5 TravelCar.com cannot be held responsible for the consequences of the breakdown or the accident on the organization, business or commitments made by the RENTER with third parties in the course of its rental.
9.4 In case of theft or other damage
9.4.1 In the event of theft or other damage, the RENTER undertakes to:
(i) report the event to the competent authorities within a maximum period of 48 hours from the date of its discovery.
(ii) inform TravelCar.com by mail and send TravelCar.com a copy of the certificate of filing a complaint within 48 hours from the date of its filing. In the case of a guaranteed event and in the event of a breakdown (without mileage deductible), a support service is available 24 hours a day and 7 days a week:
(i) in France: 0 800 875 875 (green number, free call)
(ii) abroad: + 33 5 49 77 47 78
9.4.2. The member number to send is 38 96 96 7 T.
9.4.3 In the event of the breakdown of a vehicle for the duration of the rental contract, an adjuster mandated by TravelCar.com shall proceed to a expertise to determine the origin. If the responsibility is that of the RENTER, that is to say that his driving is at the origin of the incident, the RENTER will be deemed to be in breach of the provisions of the GCU and/or of the rental contract and the RENTER must pay the total amount of the costs of the repairs to the vehicle, even if the latter exceeds the deductible.
9.4.4 If the opinion of the adjuster indicates that the origin of the incident cannot be attributed to the RENTER's driving but comes from the normal wear of the vehicle, the RENTER will not have to assume the costs of repair of the vehicle.
9.4.5 For any claim addressed to TravelCar.com following a breakdown or an incident in which the responsibility of the RENTER is engaged, an allowance of management fees will be systematically collected by TravelCar.com from the bank account of the RENTER concerned at the opening of each folder on a breakdown or incident in which the responsibility of the RENTER is engaged. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
9.5 Damage affecting the vehicle
9.5.1 Except in the case of damage linked to an incident with a third party in which the third party is responsible and in the case of damage linked to the natural wear and tear of the vehicle, any damage affecting the vehicle subject of the rental contract, whether it be the internal and external aspects of the vehicle, will be the exclusive responsibility of the RENTER and will be invoiced to the RENTER, depending on the insurance options that he will have selected at the time of concluding the rental contract, as follows:
(i) the RENTER selects no insurance option on making his booking: he only benefits from civil liability. The RENTER must then pay the full costs of repair for any damage noted at the end of the rental, without limit of deductible.
(ii) the RENTER takes out the "comprehensive insurance" option: he benefits from a deductible up to 800 euros. The maximum amount that he may be required to pay for the cost of repairs to the vehicle is of 800 euros per incident.
(iii) the RENTER takes out the "deductible repurchase comprehensive insurance" option: he benefits from a deductible up to 200 euros. The maximum amount that he may be required to pay for the cost of repairs to the vehicle is of 200 euros per incident.
A few examples:
- the RENTER has taken out comprehensive insurance, and his deductible is 800€. He has a responsible accident and damage amounted to €450€. He must pay €450€ for repairs. If the damage had been €1,000€, he would have paid €800€.
- the RENTER has taken out deductible repurchase comprehensive insurance, and his deductible is 200€. He has a responsible accident and damage amounted to €150€. He must pay €150€ for repairs. If the damage had been €1,000€, he would have paid €200€.
When damage is found, TravelCar.com studies the initial inspection photos to see if the damage was present or not at the start of the rental. If the damage was not found at the start of the rental, TravelCar.com will deduct the amount from the deposit. The RENTER will be sent the final invoice for the repair of or damage found and undertakes to pay without restriction or reserve.
9.5.3 The payment of a management fee will always be levied by TravelCar.com from the bank account of the RENTER concerned on opening each file concerning an incident affecting the vehicle. The amount of this compensation is indicated in the scale of expenses and insurance allowances.
10 Liability of TravelCar.com
10.1 TravelCar.com is responsible for immediate, direct (art. 1231-4 [new] Civil Code) and predictable (art.1231-3 [new] Civil Code) damage caused by bad partial or total fulfilment of the Service TravelCar.com or a rental contract, proven by the TravelCar member. TravelCar.com is in no way liable for indirect or unpredictable consecutive damage, or caused by poor partial or total fulfilment of the Service, including the cost of obtaining a service of substitution from the Service.
10.2 In any event, the total amount of the financial responsibility of TravelCar.com is limited to the total amount of the sums actually paid by the RENTER for the rental contract concerned (art.1231-3 [new] Civil Code), except in the case of (i) bodily injury or (ii) gross negligence or fraudulent fault of TravelCar.com (art.1231-3 [new] Civil Code). The USER may claim the liability of TravelCar.com only for one (1) year from the date of the occurrence of the breach in question.
10.3 In the case of imperfect fulfilment by TravelCar.com of services under its responsibility (art.1223 [new] Civil Code) for which the RENTER has begun to pay the price, the RENTER may, after warning TravelCar.com, seek a proportional reduction of the price of the Service. In this hypothesis, the RENTER and TravelCar.com undertake to negotiate in good faith a new price which will, to be applicable, be the subject of an amendment concluded within thirty (30) days of the request by the RENTER. Failing agreement of an amendment within this period, the rental contract will be terminated at the request of the most diligent of the two parties.
11 Protection of personal data
11.1 Commitments of TravelCar.com
11.1.1 In accordance with European and French legislation on the protection of personal data including Act no. 78-17 of 6th January 1978 as amended by Act No. 2004-801 of 6th August 2004 relating to computing, files and liberties and Regulation 2016/679 of 27th April 2016 (together, "General Regulation on Data Protection" or "GRDP"), TravelCar.com undertakes to collect and process the personal data of the TravelCar.com members in a lawful, fair and transparent manner, for specified, explicit and legitimate purposes, after having duly informed each Member TravelCar.com by requesting their consent in a specific way by these conditions of collection and processing of their personal data, in addition to the acceptance of the GCU.
11.1.2 TravelCar.com alone is responsible for the processing of the personal data it collects, enters or processes on the occasion of the use of the TravelCar.com Service by TravelCar.com members. The data collected by TravelCar.com is mainly intended to enable TravelCar.com to make the TravelCar.com Service available for the benefit of the TravelCar.com members and customizing the benefit of the TravelCar.com. Service for each member of TravelCar.com. The details of the cookies collected by TravelCar.com figure in Article 11.8 "Cookies collected by TravelCar.com".
11.1.3 TravelCar.com alone determines the purposes and means of the processing of personal data of the TravelCar.com members operated by the use of the Service.
11.2 General provisions
11.2.1 TravelCar.com proceeded with the National Commission of Information and Liberty (CNIL) to the prior declaration of the processing it operates on personal data concerning each TravelCar.com member, in accordance with the simplified standard no. 48. The data indicated as required in the form to become a TravelCar.com member require an exact answer. Any lack of answer or any answer considered abnormal by TravelCar.com is likely to result in the refusal of TravelCar.com to take account of a request for registration as a TravelCar.com Member.
11.2.2 TravelCar.com reserves the right to transmit personal data concerning TravelCar.com Service members, to comply with a legal obligation, in application of a judicial decision or of an independent administrative authority (such as for example the CNIL).
11.3 Right of access, rectification and opposition
11.3.1 Each TravelCar.com member has a right of access and rectification on his personal data, by registered mail to TravelCar.com, except for the personal data given to TravelCar.com in the online membership form that is modified and updated only by each TravelCar.com Member.
11.3.2 Each TravelCar.com member has the right to oppose, any time and without charge, his personal data being used for the purposes of prospecting, in particular commercial, by TravelCar.com or by its trading partners.
11.3.3 TravelCar.com reserves the right to transmit all or part of the personal data of Service TravelCar.com members for the benefit of its contractual partners, for the purpose of marketing. Any use of the personal data of TravelCar.com Service members other than the one indicated above shall be the subject of individual prior and explicit consent from each TravelCar.com Member.
11.4 Bank data
Bank data (bank card number, date of validity, security pictogram, etc.) necessary to the payment required to benefit from the TravelCar.com Service or some other specific benefits are not collected or retained by TravelCar.com, but only by the service provider of the online payment module.
11.5 Sub-contracting of the hosting personal data of the TravelCar.com members
11.5.1 The personal data of the members TravelCar.com are stored and processed by TravelCar.com (and its hosting sub-contractor) on servers located exclusively in the territory of the European Union and are not subject to any transfer outside the European Union, except in pursuance of an adequation decision of the European Union (Argentina, Canada, Israel, New Zealand, Switzerland, Uruguay and "Privacy Shield").
11.5.2 TravelCar.com sub-deals with the processing of personal data of the USER within the meaning of Art. 28 of the EU Regulation 2016/679 or Article 35 of law no. 78-17 of 6th January 1978. TravelCar.com remains solely responsible in respect of each member for the fulfilment of services entrusted to a sub-contractor and ensures, within the meaning of Article 1204 [new]) Civil Code, the strict observance of the provisions of the GCU by its sub-contractor. If the third party guaranteed by TravelCar.com is not performing the contractually services under the responsibility of TravelCar.com, TravelCar.com may be sentenced to pay compensation (art.1204 [new] Civil Code). Accordingly, TravelCar.com undertakes to ensure that its sub-contractor (i) does not process data of the TravelCar.com members otherwise than under the conditions of the GCU and (ii) does not process the personal data of the Members which TravelCar.com would not provide for in the contract, except on written and legitimate instruction from TravelCar.com.
11.5.3 In application of art. 28.3.h) para. 2 of the EU Regulation 2016/679, any new request for processing personal data of the TravelCar.com members by TravelCar.com or its sub-contractor, even on express statement of TravelCar.com, which would be likely to result in non-compliance with the GRDP, leads to the obligation for TravelCar.com to inform each member immediately. The sub-contractor of TravelCar.com has the right to refuse the instructions of TravelCar.com which seemed illegal in meaning of Articles 82.2 and 82.3 of the EU Regulation 2016/679.
11.5.4 In accordance with Article 30.1 of the EU regulation 2016/679 and no later than 25th May 2018, TravelCar.com (and the hosting provider) undertakes to keep a personal data processing list up to date of each Member TravelCar.com comprising:
a) the name and contact information of the person responsible for the processing and, where appropriate, the delegate for data protection;
b) the purposes of the processing;
c) a description of the categories of persons concerned and of the categories of personal data;
d) The categories of recipients to whom the personal data have been or will be given, including recipients in third countries or international organizations;
e) where applicable, the transfers of personal data to a third country or an international organization, including their respective identification;
f) to the extent possible, the deadlines for the deletion of the various categories of data;
g) to the extent possible, a general description of technical and organizational security measures of the processing of the data of the TravelCar.com members.
11.6 Notification of security breaches
11.6.1 In accordance with Art.33.1 and 33.2 of EU Regulation 2016/679 and at the latest from 25th May 2018, TravelCar.com undertakes to inform each Member without delay of any infringement of the security of personal data sent or processed via the Service TravelCar.com when this breach entails, accidentally or illicitly, unauthorized access or disclosure, alteration, or destruction or loss of this data, when this infringement of the security of personal data "is likely to engender a high risk to rights and liberty". TravelCar.com also undertakes to inform the CNIL of any breach of security of personal data of the TravelCar.com members in the conditions laid down by the law.
11.6.2 At the latest as of 25th May 2018, in the event of the occurrence of a breach of security of the data of TravelCar.com members, TravelCar.com undertakes (i) as quickly as possible to take any appropriate technical correction measure of the service to stop the identified breach of security, particularly in order to make the data unintelligible to any person unauthorized to have access and apply them to the data concerned by this breach of security and (ii) to justify in writing without delay to the TravelCar.com Members concerned.
11.7 Figuring of data
In application of law no. 2015-912 "Information" of 24th July 2015 and for the case in which TravelCar.com would have proceeded to the encryption of all or part of the data of the TravelCar.com members, TravelCar.com recalls that, under penalty of criminal sanctions, "[the service providers] who provide benefits of cryptology aimed at ensuring a function of privacy are required to submit within a period of 72 hours to agents [of specialised intelligence services], on their request, the conventions enabling the decryption of data processed by means of services they have provided. The agents [of specialised intelligence services] may ask the suppliers [cryptology services] to implement these conventions within a period of 72 hours unless [cryptology service provider] demonstrates that he is not able to meet these requisitions". Because nothing must be able to escape the Big Ears of the Republic
11.8 Cookies collected by TravelCar.com
11.8.1 Whether you are a TravelCar.com Visitor or Member, during your browse on the TravelCar.com site, TravelCar.com is likely to collect information through the use of cookies. Some of the data relate to the characteristics of the operating system, the browser or the device (computer, tablet or mobile phone) you use, others are related to your location (including the IP address) or your interactions with the content of the TravelCar.com site (numbers of visits on the site, pages visited, bookings made, advertisements on which you click, etc.).
11.8.2 Cookies can have different purposes, particularly:
(i) the improvement of your browsing on the TravelCar.com site and the provision of services you have specifically requested (for example, authentication to access your account, etc.). These are so-called "functional" cookies.
(ii) to measure the audience of the TravelCar.com site to improve performance. These are so-called "analytical" cookies.
(iii) targeted advertising and the customization of the content shown to you. These are so-called "advertising" cookies.
(iv) the "social networks" sharing buttons. These are so-called "social networks" cookies. These cookies are either directly implemented by TravelCar.com, or proposed through partners (publishers of audience measurement solutions, advertising agencies and social networks in particular).
11.8.3 The partners of TravelCar.com are likely to issue cookies they operate and control directly. The emission and/or the use of cookies by these third parties is subject to the policies specific to these third parties, who promise to TravelCar.com to respect the law on Information and Liberty. The issue of these cookies and the collection of this data does not allow the partners to TravelCar.com to identify you personally. The only information transmitted by the cookies may relate only to the content of the pages consulted, to the exclusion of any other information.
11.8.4 At any time, you can object to the saving of cookies by configuring your browsing software (Internet Explorer, Safari, Firefox, etc.). You can freely change the settings of your browsing software in such a way that the cookies are saved in your device or rejected either systematically or according to their issuer, or to be informed at the time a cookie is likely to be saved in your device, to allow you to accept or refuse.
11.8.5 If you have accepted that your navigation software should save cookies in your device, TravelCar.com (and its potential providers) will be able to deal with your browsing data. If you reject all cookies, it is possible that you may not be able to use the whole TravelCar.com service which requires that you should be logged one or identified, and you will no longer have the possibility to customize the TravelCar.com Service from the TravelCar.com site.
12 The specifics of the "Le Pass" service
The Le Pass subscription service is subject to the same general rules that the rental service. There are in addition the following rules:
- Registration for the Le Pass service requires the following documents to be validated: the registration are an identity card, driving licence, membership form completed and proof of residence of less than 3 months.
- At the time of the subscription to the service, the customer pays the amount of the first monthly payment and the deposit of 500€ that will be returned when he unsubscribes from the service.
- The unsubscription must be stipulated by the RENTER by registered letter with acknowledgement of receipt to the following address: TravelCar, 45 Rue de la Chaussée d'Antin, 75009 Paris. Any termination will take effect 30 days after the receipt of the registered letter with acknowledgement of receipt stating the request for ending the subscription. The current month and the month of notice will be debited from the account of the RENTER.
- In the case of non-compliance with the General Conditions of Use of the service, TravelCar will have the possibility of terminating the subscription of the RENTER unilaterally, thus immediately prohibiting the RENTER from access to the service without refund of the monthly payment in course and with a levy of the month of notice.
IV - Scale of additional costs:
Cleaning costs: from 15€ to 50€, according to the state of cleanliness on return
Additional driver = 9.90€ per day
Management costs for an infringement of the Highway Code and illegal parking: 15€
Invoicing for not respecting the "no smoking" instruction: 100€
Costs of fuel: diesel = 2 and Super Unleaded = 1.60€
Loss of the entry and exit badge of the car park = 200€
Cost of inspection by a TravelCar agent or partner: 10€
| Costs of management of incidents | |||
|---|---|---|---|
| Sum of damage | = 49€ | = 100€ | > 100€ |
| Management costs. | 10€ | 20€ | 50€ |
| Return costs | |
|---|---|
| Only for the Parisian agencies | 50€ |
| By a third party not declared in the contract | 300€ |
| Late refund beyond 60 min | 15€ per hour |
| Costs of non return and/or abandoning | 150€ |
| Optional guarantees | |
|---|---|
| Comprehensive insurance | 5€ per day |
| Comprehensive insurance + deduction repurchase | 13€ per day |
| Invoicing for additional km | |
|---|---|
| Price out of option | 1.00€ per km travelled |
| Option additional 50 km per day | from 9€ to €13€ depending on model |
| Option additional 150 km per day | from 19€ to €29€ depending on model |
| Accessories / equipment | |
|---|---|
| Landsat | 7€ per day |
| In case of loss or theft of the landsat | 100€ |
| In case of loss or theft of the charger | 20€ |
| In case of loss or theft of the landsat mounting | 20€ |
| Raiser cushion | 4€ per day (max €40€) |
| In case of loss or theft | 50€ |
| Auto seat | 7€ per day |
| In case of loss or theft | 100€ |
Planting 1 tree = 2.5€
Delivery at airport terminals = 40€
Deposit = 800€ to €1,200€, depending on the category
In case of damage resulting from rental, the damage suffered on the vehicle mentioned will be invoiced at a fixed amount according to the incident grid below:
| Min. | Economical | Compact | Family | Grand Tourism | |||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Damage | < 2011 | > 2011 | < 2011 | > 2011 | < 2011 | > 2011 | < 2011 | > 2011 | < 2011 | > 2011 | |
| SIDE | |||||||||||
| Complete rear view mirror | 175€ | 217€ | 275€ | 300€ | 283€ | 317€ | 294€ | 364€ | 355€ | 420€ | |
| Shell of rear-view mirror | 72€ | 94€ | 107€ | 122€ | 113€ | 128€ | 125€ | 145€ | 156€ | 182€ | |
| Glass of rear-view mirror | 29€ | 54€ | 56€ | 78€ | 61€ | 86€ | 66€ | 92€ | 78€ | 112€ | |
| Fuel filler cap | 158€ | 172€ | 167€ | 192€ | 189€ | 198€ | 215€ | 225€ | 238€ | 265€ | |
| Missing stick | 42€ | 98€ | 104€ | 109€ | 115€ | 118€ | 125€ | 136€ | 158€ | 172€ | |
| Door lock | 75€ | 92€ | 96€ | 106€ | 105€ | 112€ | 119€ | 156€ | 123€ | 175€ | |
| Wing or rear-view mirror repeater | 19€ | 23€ | 26€ | 29€ | 33€ | 37€ | 42€ | 48€ | 45€ | 62€ | |
| FRONT | |||||||||||
| FR optical | 172€ | 190€ | 201€ | 210€ | 223€ | 243€ | 283€ | 312€ | 423€ | 529€ | |
| Fog light | 98€ | 102€ | 118€ | 131€ | 127€ | 139€ | 132€ | 164€ | 159€ | 182€ | |
| Windscreen wiper blades | 37€ | 37€ | 44€ | 44€ | 46€ | 46€ | 54€ | 54€ | 56€ | 56€ | |
| REAR | |||||||||||
| Light unit | 75€ | 83€ | 79€ | 87€ | 83€ | 92€ | 89€ | 105€ | 131€ | 179€ | |
| Windscreen wiper blades | 24€ | 24€ | 25€ | 25€ | 27€ | 27€ | 28€ | 28€ | 34€ | 34€ | |
| INTERIOR | |||||||||||
| Seat repair, carpet burns | 95€ | 95€ | 95€ | 95€ | 95€ | 95€ | 95€ | 95€ | 95€ | 95€ | |
| Cigarette lighter | 25€ | 25€ | 25€ | 29€ | 35€ | 39€ | 42€ | 46€ | 44€ | 50€ | |
| Ashtray | 31€ | 36€ | 34€ | 42€ | 39€ | 47€ | 45€ | 51€ | 58€ | 62€ | |
| GPS Radio unit | 190€ | 270€ | 400€ | 450€ | 490€ | 530€ | 580€ | 670€ | 950€ | 1200€ | |
| Smell of tobacco | 50€ | 50€ | 50€ | 50€ | 50€ | 50€ | 50€ | 50€ | 50€ | 50€ | |
| Rear shelf | 78€ | 92€ | 97€ | 104€ | 145€ | 162€ | 178€ | 248€ | 235€ | 280€ | |
| WHEEL | |||||||||||
| Metal rim damaged | 75€ | 90€ | 109€ | 118€ | 130€ | 142€ | 150€ | 129€ | 182€ | 200€ | |
| Alloy rim damaged | 98€ | 105€ | 109€ | 115€ | 146€ | 160€ | 182€ | 180€ | 199€ | 205€ | |
| Wheel cover | 18€ | 25€ | 29€ | 31€ | 34€ | 36€ | 37€ | 42€ | 51€ | 60€ | |
| Tyre | 116€ | 122€ | 119€ | 134€ | 150€ | 154€ | 168€ | 172€ | 223€ | 250€ | |
| OTHERS | |||||||||||
| Aerial | 19€ | 22€ | 26€ | 27€ | 34€ | 36€ | 39€ | 43€ | 48€ | 51€ | |
| Metal registration plate | 22€ | 22€ | 22€ | 22€ | 22€ | 22€ | 22€ | 22€ | 22€ | 22€ | |
| Plexiglas registration plate | 29€ | 29€ | 29€ | 29€ | 29€ | 29€ | 29€ | 29€ | 29€ | 29€ | |
| Broken or chipped windscreen | 50€ | 50€ | 50€ | 50€ | 50€ | 50€ | 50€ | 50€ | 50€ | 50€ | |
| Key | 250€ | 250€ | 250€ | 250€ | 250€ | 250€ | 250€ | 250€ | 250€ | 250€ | |
| BODYWORK SCRATCH OR DENT | VALUE ACCORDING TO ADJUSTER | ||||||||||