1.1 These conditions are concluded between the company GSC THEAULT, with a registered capital of 200.000€ euros having its registered office at ZA DU MAUDON 50300 PONTS registered in the Trade & Company Register COUTANCES, - hereafter referred to as "RENTEO", and persons wishing to rent their THEAULT Vehicle to private or professional Users via the services proposed on the RENTEO smartphone/tablet application or website (hereafter referred to as the "Application").
The purpose of the Application proposed by RENTEO is to put Users in contact with Partners proposing a THEAULT vehicle rental service, for the transportation of horses. As RENTEO’s activities are limited to putting Users and Partners in touch with one another, RENTEO may under no circumstances be considered as the provider of the rental services proposed by the Partner on the Application, and only the latter is considered as the User’s co-contractor for the rental of vehicles.
1.2 These general conditions seek both to define the conditions for the use of the Application by the Partners and the partnership conditions between the Partner and RENTEO. The Partner’s confirmation of his registration on the Application confirms his full and unreserved acceptance of these conditions and his wish to make a THEAULT vehicle available for rental on the Application; to assign RENTEO the task of putting him in touch with Users wishing to use the service and to conclude the said service provision contract on his behalf.
The contract concluded in its name by RENTEO with the Users on behalf of the Partner is constituted and governed by the RENTEO GENERAL TERMS OF USE which can be viewed at the following address http://www.renteo.fr/fr/conditions-generales-utilisation.html.
The Partner hereby declares that he has familiarised himself with them and unreservedly accepts them in their entirety.
These conditions cancel and replace any previously applicable conditions. RENTEO reserves the possibility to adapt, modify or update these general terms of use at any time. In all cases, the applicable general terms are those in force on the date on which the Application is used.
The use of the Application implies full and unreserved acceptance by the Partner of the rules detailed hereafter and of the above-mentioned general terms of use, to the exclusion of all other documents such as prospectuses, commercial catalogues, and service descriptions issued by RENTEO, which are provided for information purposes only.
The stipulations of these general conditions may not be modified by contrary stipulations without the Parties’ express written consent.
The fact that one of the Parties may choose not to avail itself at a given moment of one of these conditions may not be interpreted as a renunciation of its entitlement to subsequently do so. The cancellation of a clause comprising the general conditions will not affect the validity of the general conditions as a whole.
2.1 To use the Application, the Partner must connect to the website or download the smartphone/tablet application.
The installation of the smartphone/tablet application is performed by the Partner by connecting his device to an app store (Apple Store for Apple-branded mobiles or Google Play for Android mobiles, for example).
The smartphone/tablet application and all of the services it contains are only accessible in an optimal manner on devices running one of the following operating systems: Android versions 5.0 and above - IOS version 9.X, iPhone 7 and above and Windows phone.
2.2 Registration of the Partner and the Vehicle. In order to access the services proposed by RENTEO to put him in contact with Users, the Partner is required to register on the Application.
To do so, he agrees to complete the registration form, taking due care to provide necessary, complete and exact information.
The Partner is required to enter the following information and/or supply the following items:
- Identification: company name, registration number in the Trade & Company Register (RCS) or last name and first name if operating as a private individual, accompanied by his identity document;
- In the case of a business activity, the name and type of the activity;
- Address of his registered office or main place of residence;
- Mobile phone number;
- E-mail address;
- Bank details;
- The person in charge;
- Complete Vehicle characteristics with Options (kilometrage included)
- Vehicle location
- A copy of their insurance policy authorising short-term rentals
- Copy of their identity card. If the client is a company, that of its legal representative.
- The unit prices (inclusive of VAT) of all aspects of the service: price per kilometre, price based on time, etc.;
- The prices (inclusive of VAT) of the additional services offered by the renter;
- The prices (inclusive of VAT) of the fixed-price services proposed;
- The prices (inclusive of VAT) of the insurance options proposed and, for all cover, details of exclusions, details of excesses/deductibles and their surrender value;
- Expenses at the hirer’s cost, where applicable;
- The conditions applying in the event that the vehicle is returned later than the scheduled return time/date;
- The amount of the deposit; the conditions under which this is to be paid and returned; the conditions under which the payment of the deposit is waived;
- The reservation terms, any possible advance payment of rental charges required and the general payment terms and methods;
- Conditions concerning the age of the driving licence or how long the driver has held it;
- Any obligations, other than those resulting from the legal guarantees, to which the renter commits himself regarding upkeep, maintenance, repairs, assistance and the replacement of the vehicle in the event of an incident or accident in addition to any possible contractual liability limitations;
-Where applicable, any other conditions related to the provision of the service.
To avoid any errors, the Partner is asked to ensure the validity of his e-mail address and to provide precise information. Additional information may also be entered by the Partner if he wishes, including photos of the Vehicle.
In all circumstances, the Partner is considered responsible and liable for the information entered on his registration form. In the case of an error, RENTEO may not be considered blameworthy if the Partner’s registration has not been recorded.
He agrees to inform RENTEO immediately of any changes concerning this information, and in particular any changes affecting the Vehicle or its situation.
In all cases, in the event of any change to the Partner’s situation which has the effect of reducing the material conditions and/or quality of his rental service and/or resulting in him no longer being able to comply with RENTEO's registration and partnership conditions (2.2 and 2.3 of this article), RENTEO reserves the right to terminate this contract.
The Partner agrees that he will not create or use any account other than that initially created, either under his own identity or that of a third party.
2.3 Partnership conditions
By confirming his registration, the Partner confirms that he meets and complies with the partnership conditions established by RENTEO and:
That he has the capacity to conclude this contract; that no financial, regulatory or contractual factors constitute an obstacle to him concluding this contract and that he may implement it, in compliance with all clauses and stipulations contained therein;
That he possesses the capacity of Vehicle Owner, and, where applicable, is correctly registered with the Trade & Company Register in this capacity;
That the vehicle proposed for rental is in a perfect state of upkeep and maintenance and that it meets RENTEO's criteria
RENTEO, or a person duly authorised by it, reserves the possibility to verify the Partner’s information and declarations using all available means, and to come and visit him at any time, without notice, to verify that the Partner is complying with the partnership conditions.
The Partner is informed that and is fully aware that RENTEO will incur no liability of any form arising from false or erroneous information. In all circumstances, the Partner will be solely liable for any losses caused to Users arising from this information. In this case, RENTEO will have the possibility to delete his Partner account and to demand compensation for any loss caused by the Partner.
Once duly registered, the Partner can connect to the Application by entering his e-mail and password in the fields provided for this purpose.
The Partner is responsible and liable for storing and ensuring the confidentiality of his login name and password. He will therefore bear liability for any failings on this particular point and in particular must assume all financial consequences of operations performed using the said codes, unless he is able to demonstrate both an absence of responsibility on his part and a fault on the part of RENTEO.
The Partner’s registration enables him to access a personal area reserved for him, providing him with access to a variety of information and to complete the obligatory reservation fields.
This personal page enables him to state the necessary information for the rental he wishes to arrange, and in particular:
- The vehicle characteristics,
- The rental price,
- Any possible options,
- The location from which it may be collected,
- The cancellation terms he wishes to apply, by choosing one of the three possibilities as shown in the General Terms of Use.
- The future reservations made with him by users via the Application.
- Reservation history
- Payments made or payments pending
- His bank details, if he wishes.
Other than the following stipulations, and unless specially agreed by the Parties, the conditions governing rentals by the User from the Partner are governed by the RENTEO general terms of use.
Each rental will generate a rental contract via the platform, between the Partner and the User, which the Partner agrees to have the User sign at the time he collects the Vehicle. This document makes it possible to perform a full inspection and inventory of the vehicle prior to collection and at the time it is returned.
The Partner confers upon RENTEO the task of concluding the contract for the rental service, invoicing Users and cashing payments in its own name but on behalf of the Partner. RENTEO uses a dedicated marketplace payment solution, MANGOPAY, enabling the Application to take payment from the Users, to manage the Partners’ funds and to automate the payment of funds to their bank accounts in addition to the payment of RENTEO’s commission.
5.1 Rental price and payment by the User
The prices of the rental service proposed by the Partner via RENTEO are those in force at the time the User makes his Reservation via the Application. This price is personally set by the Owner, taking account of the various remuneration components of the RENTEO platform.
The prices are shown inclusive of VAT on the Application, payable in cash by the User by bank card only.
The actual debiting of the sums concerned takes place in accordance with the conditions defined in the general terms of use.
The price for the service paid by the User is collected by RENTEO via the website of its financial services partner MANGOPAY.
5.2 Payments to the Partner for his services
The Partner receives payment for the rental, following the deduction of the various remuneration components of the RENTEO platform (MANGOPAY and RENTEO’s services), in the virtual wallet on the MANGOPAY website. His MANGOPAY account will be credited once the rental is considered finally completed with no dispute or litigation with the User, and in all cases after 72 hours have elapsed following the Vehicle's return. The Owner-Partner is informed that each financial transaction outside the euro zone and the SEPA zone (transfer of sums in his MANGOPAY account to another banking establishment) is invoiced at a price of €2.5 by MANGOPAY to RENTEO. Consequently, RENTEO may invoice the Partner for the MANGOPAY account debit charges.
The portion corresponding to the amounts which may have been paid by RENTEO to the Users due to any failings by the Partner will then be deducted from this sum.
The Partner is informed that several days may elapse between the transfer date shown on his Application in the "My transfers" section and the actual arrival of the funds in his bank account.
5.3 The payment of RENTEO’s commission
The Partner pays for RENTEO’s involvement and the management of the Application by means of a commission equivalent to 15% of the price paid by the User for each rental reserved, including the MANGOPAY services. This sum includes all sums payable by the User (penalties for returning the vehicle late, etc.).
5.4 Invoicing authorisation
By joining the RENTEO website as a Partner, the latter grants an authorisation to RENTEO to invoice for the rental services he performs, in his name and on his behalf. In his capacity as a principal, the Owner retains full responsibility and liability for his obligations where invoicing is concerned, and its consequences regarding VAT when operating in a professional capacity.
Accordingly, he agrees to pay the Public Treasury the tax mentioned on invoices issued in his name and on his behalf.
The Owner has a period of three days to contest the content of the invoices issued in his name and on his behalf.
The Partner is furthermore informed of the fact that when operating as a private individual, the sums received may be considered as business revenue and must be declared as such to the tax authorities.
The Partner bears sole liability and responsibility for all obligations concerning declarations and taxation.
Other than the following stipulations, unless specially agreed between the Parties, the obligations and responsibilities of RENTEO, of the Partner and of the User are governed by article 8 of the RENTEO general terms of use.
6.1 RENTEO's obligations and responsibilities
6.1.1 RENTEO agrees to perform the task of connecting Users and Partners conferred upon it by the Partner. To do so, it will list the Partner on its Application and make an area available to him describing his vehicle and services. The Partner will automatically feature in the Users’ search results depending on his proximity to the area of interest or the address entered by the User for the search in question. On this point, RENTEO assures the Partner of the neutrality of its listing methods and the fact that the geographical proximity criterion is the only listing criterion used.
RENTEO reserves the right to modify the Application’s characteristics according to technical developments. It retains total freedom to perform any possible updates and may freely upgrade the features and functions offered by its software with no requirement to inform the Partner of this in advance, in as far as this results in no deterioration of the service and no loss of data or functions.
To preserve the efficiency and security of the Application, RENTEO reserves the right to suspend access to it. The suspension will be lifted following a verification of the service’s compliance. RENTEO agrees to ensure a level of security compatible with the technical standards of the profession. RENTEO, which is bound by an obligation of due diligence regarding IT security cannot however guarantee the absence of any modification, intrusion, alteration or unavailability of the service caused by a third party (an individual or a virus, etc.).
The obligations entered into by RENTEO are obligations of due diligence. It does not get involved in the Partner's commercial choices and consequently cannot guarantee the impact of this partnership on the Partner’s sales. The Partner is reminded that RENTEO may under no circumstances be considered liable as a result of the poor performance or partial or total non-performance by the Partner of the rental service and more widely its actions or debts vis-a-vis Users and any third parties.
RENTEO may not be considered liable for any damage, whether temporary or permanent, or any losses suffered, including those incurred when accessing or surfing the Application. RENTEO will not be involved in any dispute arising between the Partner and any electronic communications intermediary. RENTEO therefore assumes no liability concerning the transportation of information (over the Internet). Similarly, RENTEO is not responsible or liable for the consequences of any security flaws (hardware or software-related) affecting the connection terminals supplied by third parties and used by the Partners and Users.
More generally, RENTEO may not be considered liable for any factors outside its control and any losses or damage which may possibly be suffered by the Partners’ and Users’ technical environments, including in particular their mobile phones or any equipment used to access the Application.
6.1.2 Complaints concerning anomalies or nonconformities regarding RENTEO’s intermediation services must be submitted in writing within the five (5) days following the performance of the services. It is the Partner's responsibility to supply any items of proof concerning the reality of the non-conformities or anomalies noted. The Partner must allow RENTEO every possibility to observe these defects or anomalies.
6.1.3 If RENTEO is found to be liable following a fault on its part, the reparation will apply to only the direct, personal and certain losses which the Partner has suffered, expressly excluding the reparation of any indirect, intangible and consequential losses or damages such as financial losses, loss of image, etc. The amount of the damages which RENTEO may be required to pay under the above-mentioned conditions is in all circumstances limited to a ceiling of (…) euros per event, corresponding to RENTEO's insurance cover.
6.2 The Partner’s obligations and responsibilities
The Partner agrees to perform the rental service pursuant to the contract concluded with the User via RENTEO on the Application (constituted by the general terms of use) and in compliance with these general partnership conditions.
6.2.a/ Vehicle
The Partner agrees to propose a "THEAULT" vehicle for rent, of which he should be the owner or hirer with the ability to sub-rent, this vehicle being aged less than five years old, in a perfect state of upkeep and insured for risks inherent to short-term rental without the provision of a driver. The vehicle must conform to the vehicle selection criteria identified by RENTEO, namely vehicles less than five years old with a total kilometrage of less than 150,000 kilometres. The renters may propose a combination for rent comprising a "THEAULT" vehicle and a horse box of another make, but only if the "THEAULT" vehicle meets the requirements for rented vehicles.
RENTEO will supply the Partner with the RENTEO logos to be fitted to his vehicle.
The Partner will assume all costs concerning this vehicle and particularly insurance costs.
He also agrees to inform RENTEO when he becomes aware of a potential vehicle buyer.
6.2.b/ Rental conditions
The Partner agrees to comply with the applicable legal and regulatory provisions and particularly those provisions concerning the advertising of prices in the vehicle rental sector. For each advertisement, he agrees to supply his general terms and specific rental information, and in particular, (without this list being in any way exhaustive):
- The company name, its address and SIREN number or his full contact details
- The unit prices (inclusive of VAT) of all aspects of the service: price per kilometre, price based on time, etc.;
- The prices (inclusive of VAT) of the additional services offered by the renter;
- The prices (inclusive of VAT) of the fixed-price services proposed;
- The prices (inclusive of VAT) of the insurance options proposed and, for all cover, details of exclusions, details of excesses/deductibles and their surrender value;
- Expenses at the hirer’s cost, where applicable;
- The conditions applying in the event that the vehicle is returned later than the scheduled return time/date;
-The amount of the deposit; the conditions under which this is to be paid and returned; the conditions under which the payment of the deposit is waived;
- The reservation terms, any possible advance payment of rental charges required and the general payment terms and methods;
- Conditions concerning the age of the driving licence or how long the driver has held it;
- Any obligations, other than those resulting from the legal guarantees, to which the renter commits himself regarding upkeep, maintenance, repairs, assistance and the replacement of the vehicle in the event of an incident or accident in addition to any possible contractual liability limitations;
-Where applicable, any other conditions related to the provision of the service.
The Partner agrees to comply with the website’s general terms of use applicable to him. An example of these conditions will be issued to him today. Any modification of the general terms of use and the website will be notified to him as soon as possible and must be applied immediately upon receipt.
He therefore agrees to be present at the rental times reserved by the User, (with a 15-minute tolerance being applied) and to apply the rental conditions pursuant to the RENTEO website’s general terms of use.
The Partner bears sole liability for the operation of his business or activities and compliance with the regulations applicable to him.
As such, the Partner will take out all necessary insurance and in particular will take out insurance covering his professional civil liability for all acts resulting from the performance of his business or activities.
If the Partner uses a geolocation system, he is required to inform the Users of this. He must also ensure that he is fully compliant with the provisions of the Loi Informatique et Libertés, law number 78-17 (French data protection act) of January 6, 1978 and particularly that his declaration to the CNIL (French data protection authority) covers such a scenario, regarding the end purpose and data storage period.
6.3 Force majeure.
A Party may not consider the other Party liable, and its obligations will be suspended, if a force majeure incident occurs. The term "force majeure" is taken to refer to any incident making it impossible or clearly more difficult to fulfil an obligation due to the unforeseeable, unavoidable or external nature of this event, with these three criteria being alternative, such as wars, riots, fires, floods, total or partial strikes, the paralysis of road and other transport networks, interruptions to energy supplies (electricity, gas, oil, petrol, etc.) the blockage of telecommunications and IT networks, changes in regulations, delays or failings in work by external partners such as suppliers or subcontractors, in addition to any other event considered by law or case law as a case of force majeure. In such a case, the contract will be immediately suspended for the duration of the event and the parties may not be considered liable for a failure to perform (or a delay in the performance of) their obligations.
7.1 RENTEO's obligations may only be fulfilled through close cooperation with the Partner and according to the information supplied to RENTEO by the latter. The Partner consequently agrees to do everything possible to facilitate its availability vis-a-vis RENTEO and the Users to enable RENTEO to fulfil its mission under the best possible conditions.
7.2 The Parties will fulfil the contract independently, and will personally handle and assume all obligations and formalities resulting from their activities, including administrative, social and fiscal obligations and formalities.
7.3 During the performance of this contract, the Partner agrees not to supply Vehicle rental services outside the Application.
Pursuant to article 11.2 of the general terms of use, RENTEO collects and processes personal data from the Users and Partners when taking and processing rental reservations placed via the Application, during dealings with the Users and Partners and for the preservation of its own business interests, including for the preservation of proof. In as far as this is necessary to the fulfilment of the Partner’s and/or RENTEO's obligations, RENTEO will send the User's personal data to the Partner with whom a reservation has been made.
The Partner agrees not to use the personal data of the Users forwarded to him for any reasons other than those related to the performance of the rental service he provides. In particular, the use of this personal data for prospection and commercial solicitation purposes is prohibited.
9.1 Unless stipulated otherwise, the studies, projects, drafts, models and documents of any form produced, supplied or sent by RENTEO will always remain its property. It retains the intellectual ownership of its creations, which may not be used, portrayed, represented, communicated, adapted or translated without its prior written authorisation. The Partner is authorised to use RENTEO’s intellectual property rights for the purpose of implementing this contract and in particular must comply with the graphical specifications supplied by RENTEO for the use of its brand, including among others by means of flyers, windscreen stickers or any other commercial documentation supplied.
At the end of his business relationship with RENTEO, regardless of the grounds for this, the Partner agrees that he will no longer use any of RENTEO's assets protected by intellectual property rights.
9.2 Any production or business processes or secrets, in addition to any specifications, financial, business or technical information, know-how, reports or other information of any form relating directly or indirectly to the Parties’ business, supplied by one of them to the other for the purpose of negotiating and implementing this agreement or of which they become aware on this occasion will, both during this relationship and after its termination, be considered strictly confidential by each of the Parties, who will moreover avoid divulging this information in any manner and for any reason, and will not use it for any purpose other than those provided for in this agreement. The Parties agree to take all necessary measures to ensure that the obligations resulting from this provision are respected by all staff, agents, employees, representatives and partners.
9.3 The Partner acknowledges that RENTEO is entitled to feature the Partner's company name or any of the Partner’s distinctive markings on its advertising documents or to inform third parties of these, during and after the performance of the services, in order to promote its business activities.
The Partner may uninstall or unsubscribe from the Application at any time, for any reason. However, he agrees to inform RENTEO of this immediately and to fulfil the rentals already reserved, unless an agreement to the contrary has been formally arranged between the Parties.
Should the Partner fail to fulfil his obligations, RENTEO may delete his Partner account immediately or after the fulfilment of the rentals already reserved, according to the seriousness of the failings in question.
In all circumstances, RENTEO may deactivate the Application without notice or formalities, and with no compensation payable to the User: 1) following an order to do so from the courts, 2) in the case of force majeure circumstances, 3) in the event of failings vis-a-vis the general terms of use, 4) in the case of the abusive or fraudulent use of the Application by him or any third party acting on his behalf.
11. APPLICABLE LAW – CONTRACTUAL LANGUAGE – JURISDICTION
The Parties will seek to amicably resolve any dispute which may arise concerning the interpretation or performance of the contract within the 15 days following the date on which the said dispute arises.
Should no amicable agreement be forthcoming, any dispute or litigation concerning these terms will be considered the exclusive jurisdiction of the Tribunal de Commerce (Commercial Court) of COUTANCES even in the case of summary proceedings, the introduction of third parties or multiple defendants, except in the case of exclusive jurisdiction concerning restrictive practices which reduce competition or intellectual property rights.
The User-consumer is hereby informed that should a dispute arise he has the possibility to use the consumer ombudsman procedure (procédure de médiation conventionnelle) or any alternative dispute resolution method. Should no amicable solution be found within a period of 15 days, the Parties are once again at liberty to refer the matter to the court with jurisdiction for the issue.
For any questions or complaints concerning the Application, the partnership conditions, etc., the Partner may contact RENTEO via the following contact details: contact@renteo.de
By post:
GSC THEAULT
Za du maudon
50300 Ponts
France
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