Rental contract

MOTORCYCLE RENTAL AGREEMENT — GOOD MOTORS AGENCY

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1. Stakeholders in the Rental Agreement

The Rental Agreement is concluded between the Lessor (Good Motors Agency) and the Tenant. It establishes the conditions for the Rental of the Good Motors Agency Vehicle by the Lessee.

1.1 Risk Transfer — Responsibilities

As soon as 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 and following of the Civil Code.
Therefore, all risks of loss, theft, deterioration, fines, fines, seizures, impoundment or immobilization of the Vehicle are transferred to the Lessee, until the Vehicle is completely returned to the Lessor under the conditions provided for in this contract.
The Renter cannot under any circumstances be held responsible for indirect damages suffered by the Tenant (loss of income, immobilization, trip cancellation, etc.).

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2. Mandatory pre-contractual information

The Tenant acknowledges having received before signing all the necessary pre-contractual information including:

  • The exact duration of the rental and the terms of possible renewal,
  • The precise price including the rental, possible mileage overruns, the costs of accessories and the deposit,
  • The exact terms of payment as well as the financial conditions for returning the deposit.

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3. Responsibilities of Good Motors agency

Good Motors agency is committed to renting a vehicle:

  • which is in accordance with what is required by the law or by the regulations of the country (France) where the Vehicle is registered,
  • whose maintenance recommended by the manufacturer has been carried out and where all the safety equipment required in the country in which the Vehicle is registered is in perfect condition, to the knowledge of the manufacturer, and subject to normal wear and tear inherent to a vehicle in circulation
  • who is insured for at least one third of the year and by any other compulsory insurance according to the laws of the country in which the Vehicle is registered,
  • of which he is and remains the owner throughout the duration of the Rental or for which he justifies the express authorization of the owner and, in all cases, that he is authorized to rent,
  • with the delivery to the tenant at his request of a copy of the vehicle registration certificate in the event of a check by the police.

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3.1 Minimum age and legal capacity

The Tenant must be at least 18 years old at the time of signing this Rental Agreement. 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 Agreement will be automatically cancelled without any refund or credit being required, regardless of the date of cancellation or start of the rental.

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4. Right to drive

Good Motors agency has no legal or regulatory competence to assess the validity or compatibility of a foreign driver's license (in particular outside the European Union) with the requirements of French law, and can in no way be held responsible for the consequences associated with an absence of right to drive in France.

The administrative or technical validation of a driver's license uploaded by the Tenant on his online user space does not in any way equal a legal validation of the right to drive on French territory. This validation only means that the document presented seems, at first glance, to be in good shape (legible, in good condition, presence of official information). This is a documentary check, not a legal check.

Therefore, the Renter is solely responsible for ensuring, before the start of the rental, that he is legally authorized to drive the rented vehicle on French territory, in accordance with the Highway Code and any obligations to convert, translate or approve his driving license.

Any offense 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 fully borne by the Tenant, with no possibility of recourse against Good Motors agency.

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5. Tenant Responsibilities — Penalty Clause

The Tenant undertakes to:

  • respect the available insurance conditions,
  • for French and European nationals: hold the license required to rent a motorcycle: A, A2, A1 or B with a 7-hour training course,
  • for non-European nationals: hold a license granting the right to drive the desired vehicle,
  • not have been responsible for a physical disaster with aggravating circumstances in the last 36 months and/or for two or more material claims responsible,
  • circulate in the European area only,
  • use the Vehicle in a reasonable and responsible manner,
  • return the Vehicle in a clean condition and with a fuel level identical to that at the start of the Rental,
  • do not entrust the handlebars of the Vehicle to another person,
  • do not abandon the Vehicle after an accident or breakdown.

Any serious breach by the Tenant of the obligations of this contract (in particular non-declaration of claim, prohibited use of the Vehicle, subletting, use outside the authorized territory, driving without a valid license) may result in:

  • the immediate and full retention of the deposit,
  • the application of fixed penalties of a maximum amount of €500, in addition to the repairs and damages found,
  • and, where appropriate, any legal action aimed at obtaining additional damages.

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5.1 Strictly prohibited uses

The Tenant is formally prohibited from:

  • passenger transport for a fee (VTC, Uber, paid delivery),
  • participation in any competition, rally or sports training,
  • driving under the influence of alcohol, narcotics, or drugs that interfere with one's abilities.

Any violation of this clause constitutes a serious fault leading to the forfeiture of any insurance guarantee and the full liability of the Tenant.

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‍5.2 Subletting and sharing 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 Renter constitutes a serious fault leading to the forfeiture of the guarantees and may justify the full retention of the deposit, without prejudice to damages.

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6. State of play

A detailed inventory of fixtures will be systematically carried out using photos or videos validated by the Tenant's electronic signature at the beginning and at the end of each rental. Any subsequent dispute relating to 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 Renter are authentic between the parties.

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

  • Good Motors Agency reserves the right to assign an agent on site to carry out a contradictory verification of the vehicle, invoiced at a flat rate of €50 to the Tenant,
  • and this behavior may result in contractual sanctions, including the total or partial withholding of the deposit if damage is found.

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 that allows it to be rented immediately and normally to another customer, Good Motors agency reserves the right to withhold all or part of the deposit from the faulty Renter.

In this case, the amount withheld will include:

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

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7. Assistance in case of breakdowns or accidents

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

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

No initiative (repair, towing, etc.) must be taken by the Tenant without the prior agreement of the Renter, except in case of serious and imminent danger to his safety or that of others. Any intervention not authorized by Good Motors agency may result in the non-coverage of costs by the insurance company or the Renter.

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8. Responsibility in case of accident or theft

The Renter is responsible for the Vehicle in his care, for the entire duration of the Rental provided for in the Rental Agreement.

The Vehicle, as well as all the accessories made available to the Tenant, must be returned in the condition found contradictorily at the beginning of the Rental, and at the date and time provided for in the Rental Agreement.

In the event of theft, damage caused to the Vehicle or its accessories by the fault of the Renter or in the absence of the fault of an identified third party, or non-return of the Vehicle, the Renter is responsible for all costs up to the amount of his excess, which is equal to the amount of the deposit.

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

In the event of a puncture, the tires are the responsibility of the Tenant. If Good Motors agency has to change two tires following a puncture, the Lessee will have to 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 wear and tear on the tires, all costs will be borne by Good Motors agency.

In the event of loss or theft of the Vehicle key during the Rental, the Renter will be liable for the cost of producing a new key to Good Motors agency, and, if expressly requested by Good Motors Agency, 50% of the costs associated with changing the barrel and the complete set of keys.

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8.1. Mandatory declaration of any claim or damage

In the event of total loss of the vehicle, the Lessee is responsible up to the replacement value of the vehicle up to the expert opinion of the vehicle, and not only the amount of the deposit, if the insurance refuses to cover it.

The Lessee undertakes to immediately report to Good Motors Agency any claim, incident, accident, accident, fall, scratch, loss, theft or damage to equipment or the Vehicle, whether or not he is responsible for it, as soon as he is aware of it and at the latest when the Vehicle is returned.
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Any absence of a claim, regardless of its nature (fall, accident, accident, scratch, loss, theft or damage to equipment, etc.), noted by Good Motors Agency upon return of the Vehicle or after the rental, will automatically result in the application of penalty fees in the amount of a fixed amount 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 fixed penalty of €120 in case of non-declaration of a claim aims to cover the real costs generated by this omission. Indeed, when damage is not reported for return, Good Motors Agency must urgently dispatch an agent to proceed with the verification and/or repair of the item concerned, which leads to higher travel, intervention and repair costs. In addition, there is additional administrative management, especially when non-declaration requires the reorganization or cancellation of a reservation planned immediately afterwards, in order to prevent another customer from taking care of a damaged vehicle. This sum therefore covers both technical costs, labor costs and administrative procedures made necessary by the Tenant's lack of transparency.

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9. Responsibility in case of failure

Good Motors agency is responsible for maintaining the Vehicle. Mechanical and electronic failures are therefore his responsibility.

However, if Good Motors agency considers that the Renter is responsible for a failure following use of the Vehicle contrary to the terms of the Rental Agreement, Good Motors agency may mandate an independent expert to attest to this. As a result of the contradictory expertise initiated, responsibility for the failure will be determined. If the Tenant is designated responsible, he will have to pay for all the repairs incurred as well as the expert fees incurred, if applicable.

In the event of a breakdown, accident or inability to continue driving, the renter undertakes to never abandon the vehicle, including on public roads (except in cases of force majeure or serious danger). He should contact Good Motors Support or Customer Service immediately, and await instructions on how to pick up the vehicle.

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

  • invoicing the costs of recovering the vehicle,
  • the partial or total loss of the security deposit,
  • and where appropriate, proceedings for endangering others or damaging the leased property.

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In the event of a failure not related to use contrary to the Rental Agreement, the Tenant may interrupt the rental and be reimbursed for unused Rental time.

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10. Contraventions

The Renter is liable for all fines incurred during the rental, including those received after the return of the Vehicle if they result from an offense committed during the rental period.

A Tenant who commits an offence resulting in a ticket must bear the cost. The Renter who receives a ticket or believes that he has committed an offense detected by an automatic check must notify Good Motors agency when the Vehicle is returned.

The Tenant is liable for a service fee of 30 euros, in addition to the amount of the fine, for each violation that occurred during the Rental.

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11. Compensation and penalties

The Tenant wishing to change the duration of the Rental Agreement must request it by email (vroom@goodmotors.agency) before the end of the initial contract.

Delayed return:

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

Cleaning costs:

  • 50 euros of intervention by one of our agents, To which are added the costs necessary to clean the vehicle (service station, maintenance products) **if the Vehicle is abnormally dirty on the outside.
  • In case of the need for professional intervention (stickers, paint, etc.), the costs will be fully invoiced to the Tenant.

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11.1 Fuel

The Vehicle must be returned with a fuel level identical to that recorded at the time of departure.
In the event of a difference, Good Motors Agency may charge:

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

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11.2 Excess mileage

Each vehicle is rented with a mileage package included, indicated when booking on the Good Motors Agency website and included in the confirmation email.If this package is exceeded, the Renter will owe an amount calculated according to the category of the vehicle reserved, at the applicable rate shown on the reservation page at the time of the order. If this package is not exceeded, the excess kilometer is invoiced at twice the rate at kilometer of the pack corresponding to the motorcycle category concerned.This The scale appears transparently on the Renter's website and is an integral part of this contract.

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12. Insurance guarantees

The Vehicle is insured by Good Motors agency with the Mutuelle des Motards. The Tenant benefits from this coverage provided that he respects the conditions of this contract and those defined in the site's terms and conditions.

Any breach (late declaration, driving without a valid license, prohibited use, etc.) results in the forfeiture of guarantees. The Tenant will then bear all the costs incurred (repairs, damage to third parties, etc.).

The applicable excess is equal to the amount of the deposit posted by the Tenant.

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13. Exclusion of the right of withdrawal

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

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

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

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14. Cancellation and modification conditions

In case of cancellation of a reservation:

  • By the Tenant:
    • Full refund if the cancellation occurs at least 7 days before the start of the rental.
    • No refund if cancelled less than 7 days before the scheduled date. However, a deferral of the rental may be granted on a commercial basis, valid for a period of one year in all cities in which the Renter operates.
    • If the cancellation takes place less than 24 hours before the start date of the rental, no refund or credit can be granted, due to the blocking of the reserved vehicle.
    • In case of absence of the Tenant at departure (No-Show), no refunds or credits will be granted.
    • In the event of failure to present a valid permit, a valid means of payment or the payment of the deposit, the Lessor may cancel the service without refund.
  • By the Renter:
    • Full reimbursement or provision of a new vehicle of equivalent category, without other compensation, in case of impossibility to provide the reserved vehicle (technical, administrative or other unavailability).
  • Changes or reports:
    Any modification or delay accepted by Good Motors Agency is granted on a strictly commercial basis and does not constitute an acquired right for the Tenant.

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15. Tenant solvency

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

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16. Payment security

All payments are secured by an approved payment provider. The delivery of the vehicle is subject to the effective payment of the deposit within the deadlines provided by the Lessor. In the event of the impossibility or refusal of the Tenant to pay the deposit before the start of the rental, the Lessor reserves the right to cancel the service 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 system of the rental activity.

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17. Personal data and transmission (RGPD)

The personal data collected is used only for the management of the rental. They may, without additional consent, be transmitted to the competent authorities (police, gendarmerie, prefectures), to insurance companies and to assistance providers in the event of a claim, offense, accident or any other situation requiring such transmission.

The treatments are based on the execution of the contract, the compliance with legal obligations (management of offenses, responses to the authorities), and the legitimate interest of the Renter (fight against fraud, protection of goods). The 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 Tenant can exercise his rights at the following address: contact@goodmotors.agency

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18. Force majeure

None of the parties may be held responsible in the event of non-performance of the contract linked to a case of force majeure, within the meaning of French case law, including in particular: natural disaster, epidemic, war, attack, strike, strike, administrative or judicial decision making the execution of the contract impossible.

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19. Use of the Good Motors agency payment service

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

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

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20. Contract application — Mediation and dispute resolution

In the event of a dispute, the parties undertake to seek an amicable solution, in particular by using a consumer mediator appointed by the Lessor.
In the absence of an amicable resolution, any dispute will be under the exclusive jurisdiction of the court having jurisdiction over the head office of Good Motors Agency, even in the event of multiple defendants or warranty claims, unless otherwise required by law.
The applicable law is exclusively French law, including for foreign Tenants.

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20.1. Mediation of consumption

In the event of a complaint that is not resolved via our customer service, the Lessee can call on the Mediator of the National Automobile Federation (FNA), free of charge, which specializes in disputes between vehicle rental companies and consumers. This remedy is voluntary, confidential, impartial and maintains the possibility for the consumer to go to court later.

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‍20.2. Alternative dispute resolution

The consumer can also use the French contact point for the European Online Dispute Resolution (RLL/ODR) platform: CEC France — odr-france@cec-zev.eu, which will assist him in his procedures or redirect him to the competent body.

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21. Debt recognition clause — Security deposit

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

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

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

The Tenant acknowledges having read and accepted, prior to any reservation, the General Conditions of Use available on this page.
Acceptance of these conditions takes the form of ticking a box provided for this purpose and validating your registration or reservation on the Good Motors Agency website.
This electronic validation implies express and unreserved consent to these contractual conditions.

The Tenant also recognizes the probative validity of any electronic document issued or kept by Good Motors Agency (electronic signature, photo/video inventory, emails, WhatsApp exchanges, etc.), in accordance with articles 1366 and following of the Civil Code.

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23. Partial nullity

The possible nullity of a provision of this contract does not affect the validity of the other provisions, which will remain fully applicable.

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24. Election of residence

For the execution of this contract and its consequences, the parties agree to take up residence at their respective addresses communicated during the reservation.
Any communication made by email to the email address declared by the Tenant when booking is deemed to have been received and has full legal effects.

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25. Capital asset allowance

In the event of immobilization of the vehicle due to the Tenant, the latter will be liable for an immobilization compensation equal to the daily public rate including VAT multiplied by the number of days of unavailability, without this compensation 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, only the French version will prevail in the event of contradiction, discrepancy of interpretation or dispute relating to its execution.

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