Rental contract

MOTORCYCLE RENTAL CONTRACT - GOOD MOTORS AGENCY

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1. Parties to the Lease Agreement

The Rental Contract is concluded between the Hirer (Good Motors Agency) and the Hirer. It establishes the conditions under which the Hirer may rent a vehicle from Good Motors Agency.

1.1 Transfer of risk - Liability

From the moment the keys or access code to the Vehicle are handed over, the Renter assumes legal and material custody of the Vehicle and its accessories, in accordance with articles 1242 et seq. of the French Civil Code.
Consequently, all risks of loss, theft, damage, fines, seizure, impoundment or immobilization of the Vehicle are transferred to the Hirer, until the Vehicle is returned in full to the Hirer in accordance with the conditions set out in this contract.
The Hirer may under no circumstances be held liable for any indirect damage suffered by the Hirer (loss of income, immobilization, trip cancellation, etc.).

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2. Mandatory pre-contractual information

The Tenant acknowledges having received all the necessary pre-contractual information prior to signing, including :

• The exact duration of the lease and any renewal terms,
• The precise rate including rental, any excess mileage, the cost of accessories and the deposit,
• The exact terms of payment and the financial conditions for returning the deposit.

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3. Responsibilities of Good Motors agency

Good Motors agency will rent you a vehicle:

• is in compliance with the law or regulations of the country (France) in which the Vehicle is registered,
• for which the maintenance recommended by the manufacturer has been carried out and for which all the safety equipment required in the country in which the Vehicle is registered is, to the best of its knowledge, in perfect condition, subject to the normal wear and tear inherent in a vehicle in circulation
• which is insured for at least one third of the year and by any other compulsory insurance under the laws of the country in which the Vehicle is registered,
• of which he is and remains the owner for the entire duration of the Rental or for which he has the owner's express authorization and, in all cases, which he is authorized to rent,
• with a copy of the vehicle registration certificate provided to the lessee at his request in the event of a police check.

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3.1 Minimum age and legal capacity

The Tenant must be at least 18 years of age at the time of signing this Rental Contract. Consequently, all rentals are strictly reserved for adults with legal capacity in France.
In the event of a reservation made by a minor, the Rental Contract will be automatically cancelled without any reimbursement or credit being due, regardless of the date of cancellation or start of rental.

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4. Right to drive

Good Motors Agency has no legal or regulatory authority to assess the validity or compatibility of a foreign driving license (particularly outside the European Union) with French legal requirements, and cannot be held responsible for the consequences of not being entitled to drive in France.

The administrative or technical validation of a driver's license uploaded by the Renter to his or her online user space is in no way equivalent to legal validation of the right to drive on French territory. This validation only means that the document presented appears, at first sight, to be in conformity with the form (legible, in good condition, presence of official mentions). It is a documentary verification, not a legal one.

Consequently, the Renter is solely responsible for ensuring, prior to the start of the rental period, that he/she is legally authorized to drive the rented vehicle on French territory, in accordance with the Highway Code and any obligations to convert, translate or homologate his/her driving license.

Any offence or claim related to a lack of validity of the driver's license - in particular in the event of refusal of insurance coverage - will be entirely at the expense of the Renter, with no possibility of recourse against Good Motors agency.

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5. Tenant's responsibilities - Penal clause

The Tenant undertakes to :

• comply with available insurance conditions,
• for French and European nationals: hold the license required for motorcycle rental: A, A2, A1 or B with 7H training,
• for non-European nationals: hold a driving license entitling you to drive the vehicle you wish to purchase,
• not to have been responsible for an aggravated bodily injury claim in the last 36 months and/or two or more at-fault material claims,
• within the European Union only,
• use the Vehicle in a reasonable and responsible manner,
• return the Vehicle in a clean condition and with the same level of fuel as at the start of the rental period,
• do not entrust the Vehicle's handlebars to another person,
• do not abandon the Vehicle after an accident or breakdown.

Any serious breach by the Renter of the obligations of this contract (in particular failure to declare a claim, prohibited use of the Vehicle, subletting, use outside the authorized territory, driving without a valid license) may result in :

• immediate and full withholding of the deposit,
• application of flat-rate penalties of up to €500, in addition to repairs and damage,
• and, where applicable, any legal action for additional damages.

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5.1 Strictly prohibited uses

The Tenant expressly agrees not to:

• passenger transport for hire or reward (VTC, Uber, paid delivery),
• participation in any competition, rally or sports training,
• driving under the influence of alcohol, narcotics or mind-altering drugs.

Any breach of this clause constitutes serious misconduct and will result in forfeiture of all insurance cover and full liability on the part of the Tenant.

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‍5.2 Subletting and shared access prohibited.

Any subletting, provision of the vehicle to an unauthorized third party, or transmission of the access code without the written agreement of the Hirer constitutes a serious offence entailing forfeiture of the guarantees and may justify the withholding of the full deposit, without prejudice to damages.

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6. Site survey

A detailed inventory of fixtures will be systematically carried out using photos or videos validated by the Renter's electronic signature at the beginning and end of each rental. Any subsequent dispute concerning the condition of the vehicle must be based exclusively on these elements.

The photos and videos taken in accordance with the shooting instructions provided by the Hirer shall be deemed authentic between the parties.

Any attempt to deliberately conceal damage by taking partial, biased, masking or deliberately omitting an area of the vehicle will be considered as fraud. In this case :

• Good Motors Agency reserves the right to send an agent on site to carry out a contradictory inspection of the vehicle, which will be invoiced to the Renter at a flat rate of €50,
• and such behavior may result in contractual penalties, including the withholding of all or part of the deposit in the event of damage.

If, as a result of damage, an accident, or any form of negligence or non-compliance with the commitments of this contract, the Vehicle is not returned in a condition allowing its immediate and normal re-rental to another customer, Good Motors agency reserves the right to retain all or part of the deposit of the Hirer at fault.

In this case, the amount retained will include :

• the direct cost of repairing or restoring the Vehicle,
• an amount corresponding to the lost rental day(s), calculated on the basis of the public daily rate including VAT, corresponding to the days during which the following Renter was unable to use the vehicle, made unavailable for rental due to the Renter's behavior or negligence.

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7. Breakdown and accident assistance

In the event of a breakdown or accident occurring during the rental period, the Renter may call on the assistance service offered by Good Motors agency.

The Tenant undertakes to immediately contact the assistance service on 06.82.18.64.50, available 24/7, in order to be taken care of as soon as possible.

No initiative (repair, towing, etc.) may be taken by the Hirer without the prior agreement of the Rental Firm, except in the event of serious and imminent danger to his/her safety or that of others. Any intervention not authorized by Good Motors Agency may result in the costs not being covered by insurance or the Rental Firm.

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8. Liability in the event of accident or theft

The Hirer is responsible for the Vehicle in his or her custody for the duration of the Hire as set out in the Rental Contract.

The Vehicle, as well as all accessories made available to the Renter, must be returned in the condition observed by both parties at the beginning of the rental period, and on the date and time specified in the Rental Contract.

In the event of theft, damage caused to the Vehicle or its accessories through the fault of the Renter or in the absence of fault on the part of an identified third party, or failure to return the Vehicle, the Renter is responsible for all costs up to the amount of his deductible, which is equal to the amount of the deposit.

If any damage is observed at the end of the Rental, the Renter undertakes to immediately leave Good Motors agency a security deposit. The amount of this deposit is the amount of the insurance deductible in the event of a claim.

In the event of a puncture, tires are the responsibility of the Hirer. If Good Motors agency has to change two tires following a puncture, the Renter must pay for the replacement of one tire as well as 50% of the cost of a second tire. If the puncture is due to abnormal age of the tires, all costs will be borne by Good Motors agency.

In the event of loss or theft of the Vehicle's key during the Rental Period, the Tenant shall be liable for the cost of producing a new key for Good Motors agency, and, if specifically requested by Good Motors agency, 50% of the cost of changing the lock cylinder and the complete set of keys.

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8.1. Mandatory reporting of any loss or damage

In the event of total loss of the vehicle, the Renter is liable up to the replacement value of the vehicle as assessed by an expert, and not just the amount of the deposit, if the insurance company refuses to cover it.

The Hirer undertakes to declare immediately to Good Motors Agency any claim, incident, accident, fall, scratch, loss, theft or damage to any equipment or to the Vehicle, whether or not he/she is responsible for it, as soon as he/she becomes aware of it and at the latest when the Vehicle is returned.
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Any failure to declare a claim of any kind (fall, accident, scratch, loss, theft or damage to equipment, etc.), noted by Good Motors Agency on return of the Vehicle or after the rental period, will automatically result in the application of a flat-rate penalty charge of €120, deducted from the deposit, in addition to the total cost of the necessary repairs and any ancillary costs (replacement, cleaning, technical intervention, etc.).

The flat-rate penalty of €120 for failure to report damage is designed to cover the actual costs incurred by this omission. Indeed, when damage is not reported on return, Good Motors Agency has to dispatch an agent urgently to check and/or repair the item in question, resulting in higher travel, intervention and repair costs. Added to this is additional administrative management, particularly when failure to report means that a booking scheduled immediately afterwards has to be reorganized or cancelled, to avoid another customer picking up a damaged vehicle. This sum covers the technical and labor costs, as well as the administrative procedures necessitated by the hirer's lack of transparency.

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9. Liability for breakdowns

Good Motors agency is responsible for the maintenance of the Vehicle. Mechanical and electronic breakdowns are therefore its responsibility.

However, if Good Motors agency believes that the Lessee is responsible for a breakdown resulting from use of the Vehicle contrary to the terms of the Lease Agreement, Good Motors agency may commission an independent expert to attest to this. Following a joint expert appraisal, responsibility for the breakdown will be determined. If the Hirer is held responsible, he/she will be required to pay for all repairs incurred, as well as any expert's fees.

In the event of breakdown, accident or impossibility of continuing the journey, the lessee undertakes never to abandon the vehicle, including on public roads (except in cases of force majeure or serious danger). He/she must immediately contact Good Motors assistance or customer service, and wait for instructions on how to pick up the vehicle.

Any abandonment of the vehicle without prior authorization from Good Motors may result in :

• invoicing of vehicle recovery costs,
• partial or total loss of the security deposit,
• and, where applicable, prosecution for endangering others or damaging the rented property.

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In the event of a breakdown unrelated to use contrary to the Rental Contract, the Renter may interrupt the rental and be reimbursed for the unused rental time.

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10. Contraventions

The Hirer is liable for all fines incurred during the rental period, including those received after the Vehicle has been returned if they result from an offence committed during the rental period.

The Tenant who commits an offence resulting in a fine must bear the cost thereof. The Lessee who receives a fine or believes that he/she has committed an offence detected by an automatic control must notify Good Motors agency when returning the Vehicle.

The Renter is liable for a service charge of 30 euros, in addition to the amount of the fine, for each fine incurred during the Rental Period.

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11. Compensation and penalties

The Tenant wishing to modify the duration of the Rental Contract must send a request by e-mail (vroom@goodmotors.agency) before the end of the initial contract.

Delayed return :

• Less than 24 hours: 30 euros per full hour of delay.
• More than 24 hours: 200 euros per full day's delay, without prejudice to invoicing at the public daily rate. Each additional day will be billed at the normal daily rental rate. Insurance does not cover the Vehicle during this period, and a theft complaint may be lodged after one day's delay.

Cleaning charges :

• 50 euros for one of our agents, plus the cost of cleaning the vehicle (service station, cleaning products) **if the Vehicle is abnormally dirty on the outside.
• If professional work is required (stickers, painting, etc.), the full cost will be invoiced to the Tenant.

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11.1 Fuel

The Vehicle must be returned with the same level of fuel as at the time of departure.
In the event of a discrepancy, Good Motors Agency may invoice :

• missing fuel at a flat rate of €2 per liter (SP98),
• as well as a fixed price for the intervention of an agent to fill the tank.

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11.2 Excess mileage

Each vehicle is rented with an inclusive mileage package, indicated at the time of booking on the Good Motors Agency website and included in the confirmation email.Should this package be exceeded, the Hirer will be charged an amount calculated according to the category of vehicle booked, at the applicable rate shown on the booking page at the time of ordering.If the Hirer has not purchased an additional mileage package, the excess mileage will be billed at double the rate per mile of the package corresponding to the category of motorcycle concerned.this scale is shown transparently on the Hirer's website and forms an integral part of this contract.

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12. Insurance coverage

The Vehicle is insured by Good Motors agency with the Mutuelle des Motards. The Hirer benefits from this cover on condition that he/she complies with the conditions of this contract and those defined in the site's GCU.

Any failure to comply (late declaration, driving without a valid license, prohibited use, etc.) will result in forfeiture of all warranties. The Hirer will then bear all costs incurred (repairs, damage to third parties, etc.).

The applicable deductible is equal to the amount of the security deposit made by the Tenant.

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13. Exclusion of right of withdrawal

The 14-day right of withdrawal does not apply to car rental contracts concluded at a distance or off-premises, when the contract is fully executed before the end of the withdrawal period and execution has begun with the consumer's express agreement.

Thus, if the contract is signed less than seven (7) days before the rental start date, the Tenant expressly acknowledges :

• have requested immediate execution of the contract before expiry of the legal withdrawal period,
• be informed that he thereby waives his right of withdrawal,
• accept that the rental cannot be reimbursed under this right.

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14. Cancellation and change conditions

In case of cancellation :

• By the Tenant :
  • Full refund if cancelled at least 7 days before the start of the rental period.
  • No refunds in the event of cancellation less than 7 days before the scheduled date. However, a postponement of the rental may be granted on a commercial basis, valid for a period of one year in all cities in which the Hirer operates.
  • If cancellation occurs less than 24 hours before the rental start date, no refund or credit note will be issued, as the reserved vehicle is blocked.
  • In the event of the Tenant's absence on departure(no-show), no refund or credit note will be issued.
  • In the event of failure to present a valid license, a valid means of payment or to pay the deposit, the Hirer may cancel the service without refund.
• By the Renter :
  • Full refund or provision of a new vehicle of equivalent category, without further compensation, in the event that the reserved vehicle cannot be provided (technical, administrative or other unavailability).
• Modifications or postponements:
  Any modification or postponement accepted by Good Motors Agency is granted on a strictly commercial basis and does not constitute an acquired right for the Hirer.

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15. Tenant's solvency

Good Motors Agency reserves the right to check the creditworthiness of the Tenant before handing over the keys.

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16. Payment security

All payments are secured by an approved payment service provider. Delivery of the vehicle is subject to the deposit being paid within the time limit set by the Hirer. Should the Hirer be unable or unwilling to pay the deposit before the start of the rental period, the Hirer reserves the right to cancel the rental without reimbursement of the amount paid for the reservation. This clause is justified by the importance of the deposit in the contractual security and insurance of the rental business.

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17. Personal data and transmission (RGPD)

The personal data collected is used solely for rental management purposes. It may, without further consent, be passed on to the relevant authorities (police, gendarmerie, prefectures), insurance companies and assistance providers in the event of a claim, offence, accident or any other situation requiring such transmission.

Processing is based on the performance of the contract, compliance with legal obligations (management of infringements, responses to authorities), and the legitimate interest of the Rental Firm (fight against fraud, protection of property). Data is kept for the duration of the contractual relationship, then for a period of 2 years depending on the purpose and legal requirements, before legal archiving or anonymization. Detailed information can be found in the Renter's Privacy Policy.
In accordance with the RGPD, the Renter may exercise his/her rights at the following address: contact@goodmotors.agency

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18. Force majeure

Neither party may be held liable in the event of non-performance of the contract due to a case of force majeure, as defined by French jurisprudence, including in particular: natural disasters, epidemics, war, terrorist attacks, strikes, administrative or judicial decisions rendering the performance of the contract impossible.

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19. Use of the Good Motors agency payment service

Good Motors agency and the Renter may use the payment platform for any payment due in connection with the rental, including:

• extra kilometers,
• fuel level adjustments,
• penalties and compensation costs as defined in the present contract.

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20. Application of the contract - Mediation and settlement of disputes

In the event of a dispute, the parties undertake to seek an amicable solution, in particular by recourse to a consumer mediator appointed by the Hirer.
Failing amicable resolution, any dispute shall fall within the exclusive jurisdiction of the court having jurisdiction over the registered office of Good Motors Agency, even in the event of multiple defendants or third-party claims, unless otherwise provided by mandatory legal provisions.
French law shall be exclusively applicable, including for foreign Hirers.

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20.1. Consumer mediation

In the event of an unresolved complaint via our customer service department, the Hirer may appeal free of charge to the Mediator of the Fédération Nationale de l'Automobile (FNA), which specializes in disputes between vehicle rental companies and consumers. This recourse is voluntary, confidential, impartial and maintains the consumer's right to go to court afterwards.

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‍20.2. Alternative dispute resolution

Consumers may also contact the French contact point for the European Online Dispute Resolution (ODR) platform: CEC France - odr-france@cec-zev.eu, which will assist them in their procedures or redirect them to the appropriate body.

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21. Acknowledgement of debt clause - Security deposit

The Tenant acknowledges that the security deposit constitutes an acknowledgement of debt within the meaning of article 1376 of the French Civil Code.
The Landlord is entitled to retain all or part of this deposit to cover :

• repairs,
• ancillary costs (towing, loss of rent, cleaning, penalties),
• as well as any sums remaining due by the Tenant under the present contract.

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22. Acceptance of the General Terms and Conditions of Use and validity of electronic evidence

The Hirer acknowledges having read and accepted, prior to any reservation, the General Conditions of Use available on the present page.
Acceptance of these conditions is evidenced by checking a box provided for this purpose and validating his/her registration or reservation on the Good Motors Agency website.
This electronic validation constitutes express and unreserved consent to these contractual conditions.

The Tenant also acknowledges the probative validity of any electronic document issued or stored by Good Motors Agency (electronic signature, photo/video inventory of fixtures, e-mails, WhatsApp exchanges, etc.), in accordance with articles 1366 et seq. of the French Civil Code.

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23. Partial nullity

The invalidity of any provision of this contract shall not affect the validity of the other provisions, which shall remain in full force and effect.

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24. Election of domicile

For the performance of the present contract and its consequences, the parties agree to elect domicile at their respective addresses communicated at the time of booking.
Any communication made by electronic mail to the e-mail address declared by the Tenant at the time of booking is deemed received and has full legal effect.

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25. Immobilization indemnity

In the event of immobilization of the vehicle by the Renter, the Renter will be liable for an immobilization indemnity equal to the daily public rate including VAT multiplied by the number of days of unavailability, without this indemnity being less than €200 per day.

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26. Language clause

This contract is written in French. In the event that it is translated into one or more other languages for convenience, the French version shall prevail in the event of contradiction, difference of interpretation or dispute concerning its execution.