Download Moto Corse Evasion Terms and Conditions of Sale

PREAMBLE
“The Tenant” refers to the lessee mentioned in these General Rental Conditions.
“The Hirer” refers to MOTO CORSE LOCATION, a simplified joint stock company, whose registered office is at Lotissement 1.34, rue du Lac de Capitello – La Confina 2, Ajaccio 20167 MEZZAVIA, registered with the Ajaccio Trade and Companies Register under number 834 164 865, represented by its Chairman.
“The Vehicle” means a Private Passenger Vehicle (PPV) which is made available by the Renter to the Lessor for the period agreed in the rental contract.
This rental is governed by the present General Conditions.

ARTICLE 1 – CONTRACT WITH MOTO CORSE EVASION
These General Terms and Conditions of Rental (GTC) set out the rights and obligations of each party in the context of the provision by the Hirer of the Vehicle identified in the special conditions to the Hirer.
The vehicles made available by the Hirer for hire are as follows:
– Category 1: Sym Joymax Z 125 ;
– Category 2: Sym TL 500 or Honda CB500X ;
– Category 3: Honda NC750X or CF MOTO MT650 ;
– Category 4: Yamaha 900 Tracer ;
– Category 5: KTM 1090 Adv-R or Honda Africa Twin Adventure Sports.
– Category 6: BMW – very large cylinders.
The Tenant acknowledges acceptance of the terms of these General Terms and Conditions after having read them prior to signing them.

ARTICLE 2 – OBLIGATIONS OF MOTO CORSE EVASION
2.1. The Hirer undertakes to make the Vehicle available to the Hirer in good working order, equipped with the keys, documents, safety equipment and accessories required by the Highway Code (helmets and gloves for the driver and passenger, top case, anti-theft device) as well as a full tank of fuel or the agreed level of fuel, and where applicable, the optional services provided. It is the Tenant’s responsibility to check that this equipment has been supplied.
2.2. The Hirer declares that the Vehicle conforms to its intended use, is duly registered and free of any apparent damage, except for any damage reported by the Hirer in accordance with the procedure described below.
Prior to the start of the rental period, the Renter must inspect the vehicle and report any damage, scratches or malfunctions to the Renter at the following e-mail address: photocontact@gmail.com. Failing this, or in the event of delay, the vehicle will be deemed to be in “very good condition” and any damage will be subject to compensation.
2.3. The Hirer declares that he has taken out third-party insurance for the Vehicle with the Mutuelle des Motards.
The Hirer provides the Hirer with “0 km” assistance, to be contacted on 0800 75 75 75, quoting member number 619606K.

ARTICLE 3 – TENANT’S OBLIGATIONS
3.1. The Hirer undertakes to provide the following documents by e-mail to mocorev@gmail.com to the Hirer prior to the handover of the Vehicle:
– If it’s a private individual :
– Valid ID (National Identity Card or Passport) ;
– Valid driver’s license ;
– Payment card in the name of the main driver ;
– Proof of address less than 3 months old (rent receipt, EDF or telecommunications bill).
– If it’s a professional:
– Dated and signed order form indicating the approved driver(s) ;
– Valid driver’s license ;
– Payment card in company name ;
– K-bis extract less than 3 months old ;
– Identification of company director.
The Hirer will not accept expired driving licenses, learning licenses, declarations of theft/loss of driving licenses, photocopies of driving licenses, driving licenses not issued by a country outside the European Union.
If the Hirer is unable to produce the items required for the rental on the day the Vehicle is made available, he/she must, in any event, pay the 30% deposit stipulated at the time of reservation, which will be forfeited to the Hirer.
3.2. From the time the Vehicle is made available to the Hirer until it is returned to the Hirer, the Hirer is solely responsible for the Vehicle and the consequences of its use. The Vehicle may only be driven by any person previously and expressly approved by the Hirer and identified as such in the Special Conditions. The Hirer or any other expressly authorized person undertakes to wear the protective gear (helmet, gloves) provided, in accordance with the Highway Code.
3.3. The Renter or any driver approved by the Renter must hold a driving license corresponding to the category of the rented Vehicle and be at least 18 years of age for the rental of a Vehicle without a license, or at least 20 years of age for the rental of any other Vehicle.
The Hirer certifies on his or her honour that his or her driver’s license is valid and that it has not been suspended, restricted or cancelled. The Hirer is solely responsible for any infringement of the Highway Code relating to the driving or custody of the vehicle, or any other infringement of current legislative, fiscal or regulatory provisions committed during the term of the contract.
3.4. The Renter undertakes to take all measures to prevent damage to, theft of or fraudulent removal of the vehicle. In particular, when the vehicle is parked, he/she undertakes to activate any alarm system installed on the vehicle, as well as the anti-theft device supplied, and not to leave keys, vehicle documents or visible objects or personal belongings in the vehicle. The Hirer shall use the Vehicle in strict compliance with the manufacturer’s standards and recommendations, reasonably and taking all precautions that the Hirer is entitled to expect.
The Hirer shall be liable for any damage to or loss of the leased vehicle, unless he/she can prove that such damage or loss occurred through no fault of his/her own, in accordance with article 1732 of the French Civil Code.
3.5. The Tenant declares on his or her honor that he or she has no medical contraindications that would prevent him or her from using the rented Vehicle.
3.6. The Tenant declares that he/she is the holder of a personal civil liability insurance policy covering liability incurred in the use of the rented Vehicle by him/herself, persons in his/her care and his/her employees.
3.7. The Hirer undertakes to wear safety equipment (helmet, gloves, etc.), to comply with speed limits and, in general, with all the provisions of the Highway Code, both for his own safety and for the safety of those around him. He remains solely responsible for any fines, contraventions, notices of violation and customs proceedings that may be initiated against him during the rental of the Vehicle.

ARTICLE 4 – USE OF THE VEHICLE
4.1. The Hirer undertakes not to modify or add anything to the Vehicle or its equipment. He/she undertakes not to disconnect and/or damage and/or alter any electronic protection device installed on the vehicle, where applicable, which is used in particular to ensure the vehicle’s geolocation. Disconnection or tampering with the device may result in immobilization, with a presumption of hijacking. The present contract expressly excludes the use of the vehicle for subletting, for transporting passengers or goods for consideration, or in connection with sporting competitions, circuit driving, speed racing – or for driving lessons.
4.2. It is strictly forbidden to use vehicles off-road. Off-tracking is strictly forbidden and voids all guarantees offered in this contract.
4.3. For Vehicles equipped with a luggage rack, it is expressly forbidden to carry a person on the Vehicle’s luggage rack.

ARTICLE 5 – RENTAL PERIOD
5.1. The lease is granted for the period specified in the Special Conditions.
Unless otherwise stipulated in the Special Conditions, the minimum rental period is 24 hours.
The rental period is calculated on a daily basis, which cannot be split up, starting from the time the Vehicle is made available, as indicated at the time of reservation.
5.2. Regarding the pick-up date and time, in the event of no-show to pick up the vehicle within the hour following the appointment time, the rental will be due. Except in cases of force majeure, the lessee must notify the lessor of his delay in accordance with the definition laid down by case law.
5.3. The Renter must return the vehicle on the agreed date and time, with a tolerance of a maximum of one hour after the initially agreed return time. Any overrun of the rental period that is not accepted
by the Hirer in advance could constitute misappropriation which could expose the Hirer to criminal and civil penalties.
The Hirer reserves the right to refuse any request for extension which is abnormal, made in bad faith or impossible due to a previous reservation of the Vehicle concerned by another Hirer.

ARTICLE 6 – VEHICLE MAINTENANCE
6.1. The Tenant undertakes to maintain the Vehicle in a good state of repair and, in particular, to check the water, oil and other fluid levels, as well as the tire pressure, in accordance with the warning lights and the manufacturer’s maintenance booklet, which the Tenant acknowledges having received with the vehicle.
Any other intervention is subject to the prior authorization of the Hirer.
6.2. Repairs, exchanges of parts or supplies resulting from abnormal wear and tear, negligence or accidental causes remain the responsibility of the Tenant, unless it can be proved that a third party is responsible.
In the event of deterioration of one of the tires due to the Hirer’s fault, the Hirer undertakes to replace it with a tire of the same brand and of approximately the same wear. If the latter has not replaced the tire and has returned the vehicle with a puncture, he/she will have to pay the invoice for the replacement of the tire(s) concerned.

ARTICLE 7 – RETURN OF THE VEHICLE
7.1. The rental ends with the return of the Vehicle, its keys, its papers and the equipment provided when the Vehicle was made available (helmets, gloves, top case, anti-theft device) at the Rental Firm’s counter, to a Rental Firm agent, to the exclusion of any other person. In the event that the Vehicle is returned without its keys, the keys must be
will be invoiced to the Renter as well as, if necessary, the costs of repatriating the Vehicle.
The vehicle must be returned in the same condition as that observed by the Tenant at the start of the rental period.
7.2. In the event that the Renter expressly authorizes the Hirer to return the vehicle to a location other than the agency, at any mutually agreed location, or if the Renter agrees to come to the agency to pick up the vehicle, it is expressly agreed that the Hirer will assume legal custody of the vehicle and, as such, will remain fully responsible for it, until the Renter has effectively and materially taken charge of it in conditions enabling him to carry out the return inventory of fixtures. The Hirer can in no way be held responsible for goods left in the vehicle at the end of the rental period.
7.3. If the Tenant is notified of a dispute concerning the damage found or the amount of work to be carried out or the loss suffered, he/she may, within 72 hours of the aforementioned notification, request, at his/her own expense, an expert appraisal carried out by a mutually agreed expert or, failing this, an expert on the list of legal experts within the jurisdiction of the Court of Appeal of the rental location, competent in motor vehicle matters. The expert’s conclusions, in particular on the allocation of costs and fees relating to his intervention, will be binding on the parties.

ARTICLE 8 – PAYMENT TERMS
8.1. On the day the Vehicle is made available, the Hirer shall pay the Rental Firm the rent mentioned in the Special Conditions for the rental of the Vehicle made available, after deduction of the deposit of 30% of the price already paid. The price is calculated on the basis of the category of vehicle made available and the duration of the rental (from pick-up at the agency to return of the keys to the Hirer).
Mileage is unlimited and is not included in the rental price. As stipulated in article 5.3, any overrun of more than one hour on the initially scheduled return time will result in the invoicing of at least one additional day at the general daily rate in force according to the
vehicle category.
8.2. In addition, the Hirer shall pay to the Rental Firm all fines and penalties imposed on the Hirer as a result of violations of the Highway Code relating to the driving or custody of the vehicle and all other similar charges (including fines relating to improper parking or parking fees and charges…). The Tenant will be solely responsible for any increases in these fines and costs, in the absence of spontaneous payment on his part. Given the complexity of the administrative file and the information to be provided to the authorities, the Hirer will charge a handling fee of €30 per contravention or fine.
8.3. If the Vehicle is not returned with a full tank of fuel, the cost of the missing fuel will be invoiced to the Hirer at a rate of 3 euros per missing liter.
A cleaning fee of 40 euros will also be charged if the vehicle is returned dirty.
8.4. In the event of a breakdown or accident for which the Assistance provided for in article 2.3 above has not been called upon, the costs of parking, breakdown assistance, storage and tolls, as well as those incurred in returning the vehicle from the depot to the rental agency, will be at the sole expense of the Renter.
Likewise, insurance deductibles, expert appraisal and Vehicle repair costs for damage not covered by insurance, as well as the Rental Company’s operating losses while the Vehicle is immobilized, in accordance with the provisions of Article 1732 of the French Civil Code, shall be borne by the Hirer. Deductibles can range from 1,500 to 3,000 euros, depending on the category of Vehicle rented, unless the Hirer opts for a deductible buy-back as mentioned in the special conditions, in which case the deductible will be divided by 3.
8.5. In the event of loss of the Vehicle’s keys, the Tenant shall be solely responsible for the cost of a tow truck to return the Vehicle to the Rental Company’s premises, or any travel expenses incurred by the Tenant to recover a duplicate set of keys from the Rental Company. No reimbursement will be made for the immobilization of the Vehicle or for the loss of use of the Vehicle resulting from the loss of keys due to the negligence of the Renter.

ARTICLE 9 – SECURITY DEPOSIT
9.1. The security deposit, taken in the form of an imprint of the Renter’s bank card (or “pre-authorization”), is intended to cover any loss that may be suffered by the Renter as a result of an accident involving the Renter’s responsibility or vehicle theft. The latter will be forfeited to the Hirer in the event of theft of the vehicle.
9.2. The amount of the security deposit varies according to the vehicle model and is indicated at the time of reservation according to the following scale:
Category 1: 1,500 euros,
Category 2: 2,000 euros,
Category 3: 2,000 euros,
Category 4: 3,000 euros,
Category 5: 3,000 euros,
Category 6: 3,000 euros
All or part of the security deposit will be retained in the event of damage to the cycle and/or its accessories (according to the current price list for parts and accessories) and will be retained in full in the event of non-return of the vehicle.
It is expressly agreed that the amount of the guarantee taken by bank imprint shall under no circumstances constitute a guarantee limit, the Renter retaining the right, where applicable, to sue the Renter in order to obtain full compensation for his loss.
9.3. The security deposit taken by bank imprint will be released at the end of the contract or a maximum of 30 days after the end of the contract, when the Tenant has fulfilled all his obligations under this contract. Failing this, it will be allocated, in whole or in part, to the payment of any sum listed above owed to the Hirer by the Tenant.
9.4. If the request for a bank imprint taken as a guarantee is rejected by the Hirer, no rental will take place and the deposit paid at the time of booking will be retained by the Hirer.

ARTICLE 10 – THEFT AND ACCIDENTS
10.1. In the event of an accident, the Tenant undertakes :
– to inform the police or gendarmerie authorities as soon as possible if anyone is injured, so that they can carry out the usual checks;
– to inform the Rental Firm within five working days of the occurrence of the loss;
– even if there is no third party involved, to legibly draw up a joint accident report specifying the detailed circumstances of the accident and countersigned, if possible, by the driver(s) of the other vehicle(s) involved in the accident, together with the contact details of any witnesses.
10.2. In the event of theft of the vehicle or its equipment and accessories, or vandalism, the Renter must report the theft or vandalism to the police or gendarmerie authorities as soon as the damage or disappearance is discovered, and report and provide the certificate of complaint to the Renter within twenty-four hours (not including public holidays) of discovering the damage or disappearance.
He must also return the vehicle documents and original keys as soon as possible.

ARTICLE 11 – INSURANCE
11.1. Each rented Vehicle is insured for third-party liability, theft and fire, with a deductible depending on the Vehicle category.
11.2. The Hirer requires all hirers to be adequately insured against various risks, accidents and illness, and that this insurance is valid in France.
11.3. When driving the rented vehicle, renters must wear helmets that meet the appropriate standards. For the Hirer’s safety, the Hirer strongly recommends that the Hirer wear suitable clothing such as motorcycle jackets, pants, gloves, boots, etc. The Hirer is not responsible for any damage resulting from the Hirer’s actions which may cause injury, death or any other damage to the Hirer, his property, family, heirs or assigns.
11.4. The following are always excluded from coverage and remain the responsibility of the lessee:
– damage to the underside of the vehicle,
– damage to the Vehicle caused by misfuelling,
– broken windshields,
– damage to the Vehicle caused or aggravated by flammable, explosive, corrosive or oxidizing substances transported by the Hirer (this exclusion does not apply to the transport of oils, mineral spirits or similar products not exceeding 17 kilograms or 25 liters, including the supply of liquid or gaseous fuel required by the engine),
– damage to the saddlery, in particular due to burning, tearing or damage,
– theft of or damage to any goods, protective items (helmets, gloves, anti-theft devices) and clothing, as well as any valuables carried or left by the Hirer or any other person in or on the Vehicle during the rental period,
– damage to rearview mirrors, headlights and taillights,
– damage, loss or theft of personal effects placed or forgotten in the Vehicle.
11.5. The following are excluded in the event of an at-fault claim or in the absence of an identified third party:
– damage to tires and rims,
– damage costing less than the damage or fire theft deductible.
11.6. The Tenant shall lose the benefit of the insurance taken out by the Owner and shall be liable to the insurers or the Owner in the following cases:
– deliberate damage to the rented vehicle,
– failure to wear mandatory safety equipment (driver’s insurance),
– using the vehicle in an unauthorized country,
– use of the vehicle after the scheduled return date and in the absence of an extension expressly authorized by the Rental Firm,
– use of the vehicle for driving lessons, or for transporting passengers or goods for hire or reward,
– use of the vehicle for sporting competitions, circuit driving or speed racing,
– use of the vehicle by a person who does not hold a valid driver’s license for the category of vehicle concerned, or by a person driving under the influence of alcohol or toxic, euphoric or medicinal substances whose effects are incompatible with driving a vehicle (whether or not they have been prescribed),
– in the event of intentional misrepresentation by the Hirer and/or the approved driver concerning their age, identity or the validity of their driving license,
– failure by the Hirer to provide the Rental Firm with an accident report within fifteen days of returning the vehicle or of being requested to do so by the Rental Firm,
– use of the vehicle in flagrant violation of the Highway Code (e.g. use of an overloaded passenger and/or load in excess of that authorized, or excessive speed),
– if the theft is not reported or is reported late, unless the Tenant can prove that he/she was not careless or negligent.

ARTICLE 12 – RESERVATIONS, CANCELLATIONS AND REFUNDS
12.1. All reservations require a deposit at the time of booking, representing 30% of the rental cost, payable at least 30 days before the start of the vehicle rental. If this deposit is not paid at the time of booking, the Hirer will consider the booking as cancelled and will charge a handling fee of 50 euros.
12.2. The model of the rented Vehicle will be defined in the special rental conditions.
12.3. The images and descriptions of the vehicles on the Hirer’s website and printed materials are representative of the vehicles available, but are not necessarily the vehicles specified on the particular rental conditions.
12.4. If the Hirer cancels the reservation between 90 days and 7 days before the start of the rental period, the Hirer will retain 30% of the total rental price paid as a deposit.
If the tenant cancels the booking less than 7 days before the start of the rental period, the Hirer will retain 40% of the rental price in addition to the deposit already paid. There are no exceptions to this rule.
12.5. The Hirer is not obliged to reimburse the Hirer once the rental has begun, whatever the reasons given by the Hirer, except in cases of force majeure as provided for by case law. In particular, the Hirer cannot be held responsible for bad weather. Reservations must be cancelled by e-mail with acknowledgement of receipt or by registered mail with acknowledgement of receipt. All other means of contact will not be taken into account for cancellations.

ARTICLE 13 – SUSPENSIVE CONDITION AND RESOLUTORY CLAUSE
13.1. The Rental Firm reserves the right not to proceed with the rental contract if the lessee :
– Does not sign the rental contract.
– Does not have a valid driver’s license (see article 3).
– Does not pay the security deposit before handing over the vehicle (see article 9).
– Does not provide MOTO CORSE EVASION with proof of insurance for miscellaneous risks, accidents and illness valid in France.
If these conditions are not met, the Hirer will retain the deposit already paid and charge an additional 40% of the rental price (see article 3.1).
13.2. Once the rental contract has been signed, the Rental Firm reserves the right to terminate the contract automatically and without notice in the following cases:
– Non-compliance by the lessee with its obligations under article 3;
– Non-compliance by the tenant with his insurance obligations under article 11;
– Non-compliance by the lessee with the conditions of use set out in articles 3 and 4;
– Abuse of the vehicle by the lessee (use not in accordance with the intended purpose).
In the event of breach of the rental contract, the Hirer will immediately recover the Vehicle. Collection costs of €2 per kilometer, €50 rental contract cancellation fee plus all vehicle repair costs will be charged to the Renter.

ARTICLE 14 – UNAVAILABILITY OF VEHICLES
In the event of force majeure, or for reasons beyond the control of the Hirer (for example: vehicle damaged by the previous hirer, breakdown immobilizing the vehicle, extension not authorized by the Hirer, etc.), if the reserved vehicle cannot be provided, the Hirer will offer the customer a replacement vehicle, subject to the availability of a vehicle from the fleet.
Depending on the vehicle offered, the rate offered to the customer will be lower or equal to that of the Vehicle initially booked.
The customer will have the option of accepting the replacement vehicle, cancelling the reservation and being reimbursed for the deposit paid at the time of booking, or postponing the rental.

ARTICLE 15 – FORCE MAJEURE
The performance of the obligations incumbent upon each of the parties hereunder may be suspended by the occurrence of an event constituting force majeure.
Force majeure is any event beyond the control of either party, which could not reasonably have been foreseen when the Contract was entered into and the effects of which cannot be avoided by appropriate measures, preventing the performance of the obligation of either party within the meaning of article 1218 of the French Civil Code and case law. The party invoking force majeure must inform the other party in writing without delay of the duration and foreseeable consequences of the event constituting force majeure.

ARTICLE 16 – NULLITY OF A CLAUSE
The nullity of a clause of the present General Rental Conditions does not imply the nullity of all the other clauses of the present General Rental Conditions, which therefore remain valid.

ARTICLE 17 – PERSONAL DATA
The information collected as part of the services offered is recorded in a computerized file by SAS MOTO CORSE LOCATION.
The data collected will be communicated only to the following recipients: the insurer in the event of a claim or the authorities in the event of a fine.
They are kept for 3 years from the date of the customer’s last visit.
You can access your personal data, rectify it, request its deletion or exercise your right to limit the processing of your data by writing directly to the following address: mocorev@gmail.com.
You may withdraw your consent to the processing of your data at any time. You may also object to the processing of your data or exercise your right to the portability of your data at any time by writing to the data controller, Mr Adrien VERD, at the following e-mail address: mocorev@gmail.com. If you consider that the protection of your personal data has not been satisfactorily ensured by the data controller, you may lodge a complaint with the CNIL.

ARTICLE 18 – MEDIATION – SETTLEMENT OF DISPUTES
In the event of a consumer dispute as defined by Ordinance 2015-1033 of August 20, 2015, the Renter will first contact the Renter in order to find an amicable solution to the dispute.
In accordance with L612-1 et seq. of the French Consumer Code, the Tenant, if a private individual, has the right to refer the matter free of charge to the competent consumer mediator. In this context, the Hirer is informed that the Owner has not appointed an internal mediator but that he/she may refer the matter to the Mediator whose contact details are as follows: MOBILIANS Corse – CNPA – UPA – 16 rue Paul Colonna D’Istria 20090 AJACCIO.
Failing negotiation of an amicable solution directly with the Hirer, the Hirer will consequently have the possibility of recourse to a mediator with a view to its resolution.

ARTICLE 18 – APPLICABLE LAW AND JURISDICTION
The present General Terms and Conditions of Rental are governed by French law.
Any dispute or controversy of any nature whatsoever relating to the present contract, and which has not been resolved amicably, will be referred to the competent territorial courts in accordance with common law.

The LESSOR The LESSEE