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Clauses of the motorhome rental contract

In accordance with the article 1713 and the Civil Code, it has been agreed that the vehicle owner rents the following vehicle to the renter on a non-professional basis, subject to the price, charges and conditions mentioned above.

Article 1 - Destination:

The vehicle currently being rented is intended exclusively for private and personal use, as a vehicle for leisure and tourism. Yescapa cannot be held responsible for abusive usage of the vehicle, nor for the consequences resulting result from this.

Article 2 - The driver or drivers

The driver(s) of the vehicle rented confirm to be in possession of a valid category B drivers licence. This licence must have been issued at least 3 years ago. The motorhome can only be driven by the driver(s) declared in the motorhome rental contract. The renter assumes their individual and contractual responsibility upon signature of the rental contract. They are therefore responsible for injury caused by the vehicle when they were using, driving or operating the vehicle at the moment the damage is caused.

Article 3 - Handover, Sublet

The renter is not permitted to give, sublet or lend the rented vehicle to anyone, under any circumstances. However, in the event that the vehicle needs to be repaired, the employees of a garage are authorised to handle the vehicle.

Article 4 - Duration and Mileage

The renter determines their kilometre package when they send the booking request to the vehicle owner. This kilometre package is displayed at the time of payment as well as on the rental contract. The parties contractually accept this upon signature of the contract and cannot be contested at a later stage.
The vehicle owner has the right to ask for a compensation if the kilometre package that was previously agreed upon has been succeeded. The sum must be paid by using the deposit cheque which was given to the owner on the departure day. In the event that the kilometre package authorised in the contract is exceeded, the renter firmly commits to pay the difference at the rate mentioned in the rental contract.

Article 5 - Pick up and drop off of the vehicle

The renter is free from his contractual responsibility on the return of the vehicle, the documents attached and the keys to the owner, provided that:

  • The owner has not received any fines for an offense during the rental;
  • No internal and/or external damage is noted and reported on the "Return" inventory sheet.
Otherwise, the renter remains liable to the owner and must respect the terms of the contract until the dispute(s) is (are) resolved.
If a fine for an offense is received during the rental, the renter agrees to pay the fine.
It is the renter's liability if they damage the interior and/or exterior of the vehicle, and they will be obliged to pay the amount of the repairs or the amount of the excess applied.
The vehicle and all accessories made available to the renter must be returned in the condition that they were received in at the time the vehicle was handed over. The loss or deterioration, even partial, of the vehicle or accessories means the renter must pay up to the amount of the cost of the deposit previously paid. The amount of the security deposit is noted on the rental contract.
The return of the rented vehicle must be done in a very well lit place in order to carry out a thorough "return" inventory. This return must be performed by the same person who conducted the "departure" inventory.

Lateness of the vehicle owner

The vehicle owner is obliged to strictly respect the time for the vehicle return specified by the parties upon signaure of the rental contract.

Lateness of the renter

Unless in the case of written agreement by the vehicle owner, any lateness of more than two (2) hours when returning the vehicle will be charged according to the following principle: if the delay is over 2 hours and less than 6 hours the owner has the right to to charge the renter 10 euros for each hour that the renters were late. If the renter is over 6 hours late the owner is entitled to charge the renter for a 2 extra days of rental at the normal rate set in the rental contract.

Article 6 - Cost and Rental fees

The cost and charges for the rental contract are freely agreed between the renter and the vehicle owner.

Article 7 - Other fees

In the event of a mechanical incident occurring during the rental period of the motor home, the renter must inform the owner in writing or by telephone. It is his responsibility to take the vehicle to a competent garage, previously indicated by the insurance. Following the diagnosis by the garage, repairs or parts changes may be necessary for the vehicle to be operational again. A written agreement (in the form of an e-mail message (« e-mail ») or a text message (« SMS ») from the owner must be obtained by the tenant before Authorize the garage to intervene on the vehicle.
If the renters agree to make the repairs, the renters will be able to ask the professionals to start.The invoice may be paid by the renters. An incident or a mechanical failure immobilizing the motorhome, the renters can leave the motorhome in the garage and can be repatriated by the assistance of the insurance. If the renters refuse the repair or the repair will take more than five (5) consecutive days, it will then be up to the owner to go and collect the vehicle in the garage that has made the necessary repairs. The cost of transport ticket from the owners home to the garage will be reimbursed to the owner once proof, in the form of receipts, has been provided to the insurance company.
In the event that the mechanical incident is caused by misuse of the renters, A third party or a fixed object and that the renters are recognized as liable: the renters are obliged to pay the repairs.
If the mechanical incident results from normal and regular mechanical wear or poor maintenance of the vehicle, the owners will be held responsible and will have to pay for the repairs. If the renters have advanced the money, the owner is obligated to repay them. The renter is obliged to carry out these repairs exclusively at a competent mechanic and authorized in the matter of mechanical repair of motor homes. The burden of proof lies with the renter. The renter cannot be disengaged from this responsibility unless they provide evidence that the mechanical incident or incidents that occurred, constitute normal and regular wear and tear or from a poor vehicle maintenance of the vehicle by the owner. Evidence must be provided with the assistance of a sworn expert. The hirer must provide the vehicle with the 100% full fuel tank (100%). Similarly, the renter must return the motorhome with the fuel tank 100% full (100%).
Failing this, the renter must return the motorhome with the tank at the same level of fuel as when the vehicle was handed over.

Article 8 - Vehicle owner's responsibility

The owner agrees to provide a vehicle in perfect working condition, clean interior and exterior and with a full fuel tank, WC toilet liquid, and drained of dirty water. The owner is obliged to print the rental agreement in his language spoken via his account Yescapa so that the owner and the tenants have the same inventory. Both parties must write in their language and if necessary they can contact Yescapa to assist with any communication issues. The owner undertakes to check all important elements of his vehicle such as air conditioning, heating, water heater, refrigerator, oven, cooking plates (etc ...) in the state of departure, also to be completed on the return of the vehicle in the presence of the tenants and the owner.
The owner agrees to drive his vehicle for 3-4 minutes in the presence of the tenants to avoid any anomalies (suspicious noise, malfunction ...).
The owner commits himself to renting his vehicle in the best possible state of cleanliness. In the event that the tenants disagree with the interior cleanliness of the vehicle, it is then necessary to indicate on the form the state of departure in the box provided for this purpose. It is then recommended that the owner take the time necessary to improve the condition of his vehicle. If, as a result of this cleaning or proposal to clean the vehicle, the renters refuse to rent the vehicle again, the cleanliness of the vehicle cannot be retained to cancel the rental and no refund will be possible for the renter : The owner will receive his remuneration as originally planned. If the owner does not wish to clean his vehicle and the tenant refuses to take charge, the owner will have to send us by e-mail the proofs of the cleanliness of the vehicle (photographs, videos ...). If the cleanliness is verified by Yescapa, the owner will be entitled to the amount originally planned. In the event that Yescapa believes that the vehicle is not in an optimum state of cleanliness, the platform reserves the right to ask the owner for a full refund.
The owner undertakes responsibility for any repair of the motorhome not resulting from a driving fault of the renter and under normal use of the vehicle. In the event of an advance on any valid repair costs paid for by the renter, the owner agrees to reimburse the renter upon presentation of the supporting invoices. However the landlord must have previously and expressly authorized the renter to carry out the work required. These requests and authorizations must be made in writing in the form of an electronic mail (« e-mail ») or a text message (« SMS ») between the renter and owner. Nevertheless, the owner has no right to withdraw any amount from the renter's security deposit until the damage is indicated on the return inventory and no invoice is submitted to Yescapa. Should the vehicle be damaged before the rental, the owner is obliged to inform the renters in order to agree on a possible financial arrangement.
The owner has the obligation to check the condition of the four (4) tires of the vehicle. These four (4) tires cannot be older than six years old.
In the event of a tire (older than six years old) bursts due to detachment of the tread during a rental period the owner will be responsible for the this. Under these circumstances, the security deposit cannot be withheld from the renters.
If a tire burst occurs on one of the four tires and the front or rear axle is to be changed: the exploded tire will be fully supported under the rental contract and the second tire will be the responsibility of the owner and renter (50 / 50) respectively of the total price by the renter and the owner.

Article 9 - Renter's responsibility

The renter must print the rental contract in their spoken language via their Yescapa account so that the owner and the renter have the same inventory list. Both parties must write in their spoken language and if necessary they can contact the company.

The renter is entitled to refuse the rental if the vehicle does not match with the description on the advert on the Yescapa platform. The vehicle must correspond to the interior/exterior photographs on the Yescapa site. In case of a dispute, the renter must provide appropriate proof (photographs, videos ...) that the vehicle does not match what was advertised in the ad.

The renter must ensure to lock the vehicle when not in use. The renter should not leave their personal belongings in plain sight and must take all necessary measures to avoid theft. Neither the owner nor Yescapa shall be liable for theft, loss or damage to property belonging to the renter and passengers.

In case of an accident and/or deterioration of the motorhome (inside and/or outside), the renter agrees to immediately notify the owner and Yescapa by telephone.

Contact number for Yescapa: +44 (0)20 3695 3852.

The renter agrees to notify the owner and Yescapa by phone of any maintenance or repair work carried out on the vehicle for any amount excluding tax (VAT) of fifty pounds (£50). Any repairs exceeding fifty pounds will be reimbursed by the owner on return of the vehicle after being given an invoice as proof of the repairs, after a normal use of the vehicle, for which the owner will have previously and expressively given the renter permission to conduct. Each invoice given to the owner for less than fifty pounds (£50) excluding tax (HT) will be reimbursed to the renter in its sole discretion and diligence.

The designated driver(s) as stated on the rental contract must hold a valid Class B driver's license (please see the country's T&C's in which the vehicle is registered to check how long ago the driving licence must have been delivered). The driver(s) must be over the age of twenty-five (25).

The renter agrees to maintain the motorhome in "good faith" and with the care as if it were their own vehicle, to carry out all the required inspections required by the present circumstances.

If the vehicle is not covered by an insurance policy, the renter must bear all costs linked to repairing the motorhome in the event of degradation resulting from their personal misuse or from a third party.

The renter agrees to carry out constant and regular maintenance of the vehicle for the entire period of the agreed rental (see rental contract) and for as long as the vehicle is in their hands.

The renter agrees to handover the motorhome in perfect working order, clean and with a full fuel tank, having carried out the cleaning of the toilet cassette, the draining of the water tank, and the general cleaning of the exterior and interior of the motorhome. Such conditions must be similar to those in which the vehicle was originally rented. If the vehicle is not returned under the same conditions, and unless otherwise stated on page 3 of the contract, the renter must obligatorily pay a sum of fifty pounds (£50) all taxes included (TTC) for a campervan and one hundred pounds (£100) all taxes included (TTC) if vehicle rented is a coachbuilt, A-class or low profile motorhome. Regarding the maintenance costs of the motorhome, the said amount is paid directly from the security deposit to the owner, who may be required to personally pay for it.

The renter cannot make any modification or any irreversible fittings, inside or outside the motorhome, without the prior agreement and permission from the renter. The renter must check the various levels of fluid of the motorhome: engine oil, water, waste water, steering fluid, washer and engine coolant.

The renter must regularly check the pressure of the tires of the motorhome. As soon as it is necessary, they must inflate the tires to the pressure levels indicated in the owner's manual of the motorhome supplied by the manufacturer. This document must be handed over to the renter when taking possession of the vehicle.

The renter must replace any small equipment of the vehicle that has been damaged during the rental period. Such small equipment items include windshield wipers, toilet paper or light bulbs. The renter is responsible for all damages caused by their own actions, negligence or that of third parties during the rental period of the motorhome. The renter is solely responsible for any damages resulting from filling the tank with fuel not suited for the vehicle.

For all traffic offenses detected by law enforcement agencies during the rental, the renter incurs criminal responsibility. Any penalties (fines, withdrawal of points ...) are entirely at the expense of the renter.

For any internal or external damage done to the rented vehicle, a comparative estimate may be requested from the owners if Yescapa deems it necessary or if the renters have requested it.

Article 10 - Conditions

The current rental is expressly agreed and accepted with regards to the current relevant laws and regulations. The parties promise to establish an inventory which is as detailed as possible, representative of the motorhome from the beginning of the rental until the end. These two documents are established jointly between the two parties and have the same legal status. The burden of proof lies with the party which contests the accuracy of the inventory.
The renter accepts the vehicle in its actual state on the day of departure.
Failing to fill out an inventory of fixtures form (completed jointly by both parties on the first day of the rental) of the motorhome, means the renter agrees to have received said motorhome clean and in working condition without extra formalities. When returning the vehicle, the vehicle owner is deemed to have received said motorhome clean and in perfect working condition with no extra formalities.

Joy

The renter enjoys the motorhome and uses it responsibly and under the normal conditions of use.
Notably, the renter promises to take all of the appropriate precautions, to strictly abide by the rules set out by the Highway Code or existing regulations.

the renter is not permitted to use the motorhome:

  • - for taking part in sporting events, or in vehicle tests in a driving school;
  • - for transporting goods or people against payment;
  • - for towing or moving another vehicle in any way;
  • - exceeding the manufacturer's limits and regulations for the number of people or weight;
  • - for transporting flammable, explosive, toxic or dangerous substances;
  • - for committing any crimes, offences or other violations.

Insurance

The insurance protects the motorhome, its occupants and its equipment. The vehicle assistance and personal assistance is included 24 hours a day, 7 days a week.
Should damage occur: In case of damage due to an accident, theft, loss, fire, damage caused by game or other degradation, the renter should notify the police force immediately. In such a situation, the renter promises to establish an account or report which confirms the conditions in which said damage occurred.
In the case of such a damage, the renter promises to inform the vehicle owner and the Yescapa company without delay and in writing by sending an electronic message via electronic mail ("email") or via Short Message Service ("SMS").
If an accident declaration has been drafted by the renter, this must have been filled out on the site of the accident, with the other driver who was involved in the accident, in accordance with any current regulations without ignoring or avoiding any section, neither partially completed, nor incorrectly completed, nor written illegibly. Particular care must be taken with the summary. If the accident is involving multiple vehicles, the renter must draft an accident declaration with the the driver of the former vehicle and a declaration with the driver of the latter. In the event that the other driver refuses to fill out or sign the accident declaration, as a minimum, the renter must note the damaged vehicle's registration number. The renter must therefore try to obtain a statement from people who were present at the time of the accident, or ask for help from the police services. Said accident declaration to be filled out must be sent to the insurance company at the latest five working days after it has been presented to and approved by the vehicle owner, obliged to respect the above deadline, which is public order (art. L. 113-2 of the Insurance Code).

Article 11 - Security Deposit

If the deposit is managed by the owner:

The owner receives the security deposit in person, the amount of which must be stated on the rental contract. The deposit may be transmitted by check, cash or any other means of payment previously agreed between the renter and the owner. If the renter fails to provide the deposit on the day of departure, the owner is entitled to refuse the rental and therefore cancel the said rental. The renter will not be refunded if they have failed to provide the required security deposit. In the event that the rented vehicle has another rental leaving straight after, the owner is obliged to return the security deposit to the renters in the inventory of return.

If the vehicle shows no signs of damage, the owner must give the deposit back to the renter upon safe return of the vehicle.

If the vehicle show signs of damage, the owner is entitled to keep the deposit until a quote for the damages has been issued.

In the event that the security deposit is managed by Yescapa:

The renter gives Yescapa the authorisation to settle the amount stated on the rental contract. If the vehicle shows one or more signs of damage, the owner has 48 hours after the rental ends, to let Yescapa know. The damage reported to Yescapa should be the exact same as the ones recorded on both copies of the rental contract and inventory of return, filled out and signed by both parties.

The owner is able to request a compensation on the day from the renter when returning the vehicle, as long as the compensation is less than €100.

Article 12 - Specific Clause

For the entire rental period, the motorhome is only authorised to be used in the countries that have been indicated in the booking request. Use of the motorhome is authorised only under the conditions indicated by the vehicle owner in their advert (eg. limit on the usage to only countries on the European continent, dogs not permitted, non smoking vehicle etc.)

Article 13 - Dispute

In case of conflict between the contractual parties, a friendly solution is possible. Contact our mediation service to help you with the process.
Failing this, it is possible to take the matter to a competent court. The contractual parties can contact the local magistrate, suitable for disputes over less then €4000.