TERMOS E CONDICOES DE LOCACAO
ARTICLE 1: DEFINITIONS
The "Lessor" refers to the company BEN SCOOTERS PARIS LOCATION, a limited liability company with a capital of 1,000 euros, whose registered office is located at 32 Rue du Parc, 91330 Yerres (France), registered with the Creteil Trade and Companies Register under number 950 964 981. It offers the "Lessee" the option to rent the vehicle described in the rental agreement and these general terms and conditions. The "Lessee" refers to the natural or legal person in whose name the contract is made, whose signature appears on the contract. By accepting this offer, the Lessee agrees to comply with the contractual provisions as described below.
In case of non-compliance with the provisions, any additional insurance and protection plans the Lessee may have subscribed to are inapplicable. In such a case, the Lessee is responsible for all damages attributable to them, including those to the "vehicle" and accessories as described in the special conditions of the Rental Agreement, up to their market value.
ARTICLE 2: RATES AND RENTAL PERIOD
The rental amount is non-refundable. If the rental vehicle is returned before the term specified in this contract, the total rental amount for the scooter remains the property of the Lessor.
The rental day (from 9 AM to 6 PM) is understood as hourly, and any extension will be charged as an additional 24-hour rental. The Tenant agrees to return the vehicle on the date, at the time, and at the location specified in this contract. If the Tenant wishes to change the return date specified in this contract, they must submit their request in writing to the following email address: location@benscooters.fr.
Fuel and oil costs (for 50cc-2T) are the responsibility of the Tenant.
If the vehicle is not returned with the same level of fuel noted in the contract, the missing fuel will be charged at 3€/liter.
The Tenant will pay for all fines and expenses related to traffic violations, parking, failure to present the vehicle papers, or the up-to-date insurance sticker. An administrative fee of 30€ will be charged for the processing and follow-up of traffic fines.
EACH CONTRACT LASTS ONE WEEK. IT WILL BE AUTOMATICALLY RENEWED 24 HOURS IN ADVANCE IF THERE IS NO NOTICE OF VEHICLE RETURN.
ARTICLE 3: SECURITY DEPOSIT
The security deposit, as specified in the contract, will remain the property of the Lessor, up to the amount of any sums owed by the Tenant in case of non-payment of rental fees and/or the return of the vehicle in a condition that does not conform to the state in which it was delivered, as stated in this contract, or in case of theft. If the amount of the rental fees still owed by the Tenant upon return of the vehicle exceeds the amount of the security deposit, the Tenant agrees to immediately pay the full amount due.
The Tenant will be asked to provide a security deposit via a credit card. – For scooters: a security deposit of two hundred fifty (250) euros. In the case of an online reservation or a remote reservation by phone (VAD), only the credit card used for the online payment will be accepted. THE SECURITY DEPOSIT WILL BE REFUNDED WITHIN 15 DAYS AFTER THE VEHICLE IS RETURNED."
ARTICLE 4: INSURANCE
All vehicles are insured with a deductible. For reminder:
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125cc vehicles are insured with a deductible of one thousand (1000) euros.
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MP3 and 300cc vehicles are insured with a deductible of one thousand five hundred (1500) euros.
Any breakdown in case of an incident or failure (whether responsible or not) is at the Tenant's expense. Impound fees are also the responsibility of the Tenant. Accessories are not insured and are the responsibility of the Tenant in case of theft or damage, which the Tenant expressly acknowledges.
In case of damage or theft of accessories, the Tenant agrees to compensate the Lessor based on the following rates:
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Chain (€60)
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Lock/Disc lock (€50)
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Top case lock (€60)
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Top case (€100)
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Scooter coded key (€300)
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Scooter non-coded key (€150)
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Chain or U-lock key (€40 each)
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Yellow safety vest (€10)
Any loss of key will result in the replacement of all locks, at the Tenant's expense.
In the event of an accident, fire, or theft of the vehicle, the Tenant agrees to immediately notify the Lessor and send the completed amicable report within 24 hours by registered mail with acknowledgment of receipt to "BEN SCOOTERS PARIS RENTAL – 32 Rue du Parc, 91330 Yerres (France)". The amicable report must contain all information regarding the circumstances of the incident, the identity of the parties involved, and the location. If the deadlines for reporting the incident are not met, the right to insurance coverage may be forfeited.
The Tenant is not insured in the following cases:
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If the vehicle is not returned by the date specified in this contract, the insurance will be suspended within 24 hours, and the vehicle will be considered stolen.
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If the Tenant is unable to return the original keys of the vehicle to the Lessor after reporting the theft, and if the theft is attributable to them. In this case, the Tenant will be required to pay the estimated value of the vehicle as determined by an expert.
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If the driver is under the influence of alcohol as defined by the Highway Code, or has used legally prohibited drugs or narcotics, or has consumed medication (whether prescribed or not) that causes drowsiness, as specified in the product information.
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If the damage to the vehicle occurs after the vehicle has not been returned by the agreed-upon date in the contract, unless the extension is accepted by the Lessor, as this situation is considered driving against the Lessor's wishes and is viewed as vehicle diversion.
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If the Tenant has deliberately provided the Lessor with false information regarding their identity, address, or the validity of their driver's license. The Tenant must inform BEN SCOOTERS of any loss or suspension of their valid driver's license during the rental period. The same applies if false declarations are made on the amicable report, the incident report, or the vehicle condition report upon return.
ARTICLE 5: REQUIREMENTS TO RENT A VEHICLE
For a 50cc vehicle, the Tenant must meet the following conditions:
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Be at least 20 years old.
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Present a valid ID.
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If the Tenant was born after 01/01/1988 and does not have a driver's license, they must present a BSR (Brevet de Sécurité Routière, Road Safety Certificate).
To rent a 125cc vehicle, the Tenant must meet the following conditions:
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Be at least 20 years old.
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Present a valid ID.
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Present a valid driver's license of type A, A1, or B, issued for more than 2 years.
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Not have had their driving license suspended or revoked in the last 3 years.
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If the B license was obtained after March 1, 1980:
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Either present the 7-hour training certificate.
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Or present proof of insurance covering the use of a 125cc two-wheeler or a L5e three-wheeler during the 5 years preceding 01/01/2011.
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To rent a category A vehicle, the Tenant must meet the following conditions:
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Be at least 25 years old.
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Present a valid ID.
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Present a valid driver's license of type A for more than 2 years.
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Provide proof of driving experience in the last 5 years.
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Not have had their driving license suspended or revoked in the last 3 years.
ARTICLE 6: USE OF THE VEHICLE
The Lessor agrees with the Tenant, whose signature appears on this contract, to rent the vehicle identified in the contract in the condition described. This rental, which is personal and non-transferable, is for a fixed term as specified in this contract. The Tenant acknowledges renting the vehicle and its accessories in a satisfactory condition, in compliance with the conditions imposed by the Highway Code.
By signing this contract, the Tenant accepts the vehicle in its current state, as mentioned on the front of this document, and undertakes to return it in the same working condition and in the same aesthetic condition. Any reservation about the condition of the vehicle must be made by the Tenant in the designated space at the time of vehicle pickup.
The Lessor will provide the Tenant, upon delivery of the vehicle keys, a folder containing (i) an insurance certificate, (ii) a photocopy of the registration certificate, and (iii) a valid insurance sticker. The Tenant will bear sole responsibility for failing to present these documents to police officers. The Tenant must verify the validity of the insurance sticker. Any fines related to this will be the responsibility of the Tenant.
The Tenant is responsible for any violations of the Highway Code, fines, penalties, reports, and customs actions issued against them, under Article 21 of Ordinance 58-1216 of 15/12/58 and Articles L 121-2 / 3 of the Highway Code.
The Tenant agrees to lock the vehicle at each stop, using the anti-theft device and keeping the keys, which must never be left in the vehicle.
The vehicle may only be driven by the person designated as the driver in the specific conditions of this contract. In the event of an accident involving the responsibility of another driver (not designated in the contract), a deductible of €900 will be applied, and the designated driver will lose their rights to any subscribed insurance coverage.
The vehicle must not leave the metropolitan French territory. The vehicle cannot be used on a race track or outside of designated public roads.
The vehicle cannot be used for the transport of passengers without the express written consent of the Lessor. IF THE VEHICLE IS IMPOUNDED DUE TO THE DRIVER'S LACK OF DOCUMENTATION, A FEE OF €300 WILL BE CHARGED FOR THE VEHICLE'S REMOVAL FROM THE IMPOUND LOT."
ARTICLE 7: MAINTENANCE
The Tenant must regularly perform the following checks: oil level, coolant level, and tire pressure. The tenant should remain vigilant to any signals emitted by the warning lights on the vehicle’s dashboard and take all necessary precautionary measures, if applicable, such as an emergency stop.
All breakdowns and repairs following an accident, or generally any interventions on the vehicle, must be carried out at BEN SCOOTERS PARIS RENTAL, under penalty of holding the Tenant responsible and/or charging any costs for bringing the vehicle back into compliance or for repairs.
The vehicle is provided with tires that are in accordance with road regulations in terms of condition and number. In the event of damage to one of the tires for reasons other than a hidden defect, the Tenant agrees to replace it immediately, at their own expense, with an identical tire (same size and type). Patching with a "plug" after a flat tire is not allowed. BEN SCOOTERS PARIS RENTAL can exchange the vehicle for one of the same category (with a roadside assistance fee of €65) and can replace the tire (between €80 and €130 depending on the model). If the odometer does not work for a reason other than technical failure, the Tenant will have to pay a mileage charge calculated based on 150 kilometers per day of rental. Any transformation or mechanical intervention on the vehicle is prohibited without prior authorization from the Lessor.
For long-term rentals, starting from one month of rental, the Tenant acknowledges receiving a valid insurance sticker on the first day of rental. If, during the rental period, this sticker is no longer valid, the Tenant must go to the Lessor's premises to receive a valid sticker. Any fines related to this infraction will be the responsibility of the Tenant.
For 50cc vehicles, the vehicle must be returned every 500 kilometers to the BEN SCOOTERS agency to check the oil level, and a maintenance log will be stamped by BEN SCOOTERS staff. For 125cc and 300cc vehicles, the vehicle must be returned every 1000 kilometers to the BEN SCOOTERS agency. Regular maintenance is the responsibility of BEN SCOOTERS.
ARTICLE 8: CANCELLATION POLICY
"In the event of cancellation of the rental, the tenant must be notified by registered letter, by email sent to location@benscooters.fr (subject to confirmation of receipt by the tenant), or via WhatsApp. If the cancellation occurs 48 hours or more before the scheduled departure date, the tenant will be refunded the reservation amount with a 75% deduction. If the cancellation occurs less than 48 hours before the scheduled departure date, the tenant will be refunded the reservation amount with a 100% deduction, and the vehicle will be considered available for rental. In the event of cancellation after the scheduled date and time for the start of the rental period, the total rental amount will be due to the tenant. The tenant may, if applicable, deduct the amount owed from previous payments.
No refund will be made to the tenant:
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For any rental period shorter than the one specified in the booking.
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If the tenant fails to show up to collect the vehicle.
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If the tenant is late in collecting the vehicle.
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If the tenant is unable to present the credit card used for online payment.
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If the tenant is unable to pay the security deposit by credit card."
ARTICLE 9: NON-PAYMENT
Non-payment is not tolerated. The Tenant has one week to pay the rental amount each week. If the Tenant fails to pay for the current week, the vehicle may be reported as stolen and repossessed. For each day of missed payment, a fee of 20€ will be applied, so the Tenant must ensure all payments are up to date. All payments related to the rental and repairs will be collected via the automatic payment system, unless the Lessor authorizes payment by other means.
ARTICLE 10: NOTICE OF INFRACTION AND POST-PARKING FEE (FPS)
Each fine received will be assigned to the Tenant whose name is described in the contract. For each transfer of notice, an additional fee of 30€ will be added to the contract without prior notice. The post-parking fee will be fully added to your contract and sent to your email address. Additional fees of 30€ will be charged.
ARTICLE 11: RENTAL RATES
The rental rates are:
Yamaha N-max, Honda PCX, Honda SH, Honda VISION, Suzuki Address: 100€ including VAT PER WEEK (7 days).
It is agreed that this agreement and any proposed modifications must be made in writing and signed by an administrator of BEN SCOOTERS. By signing below, you accept the terms and conditions, indicating that all personal information provided is accurate.
In case of emergency, please call our emergency number: +33 09 73 36 84 52