Rental contract between individuals Wikicampers
Preamble
The following Articles govern the rental in the same way as our General Terms of Sale.
The Owner and Tenant accept without reservation the Articles below.
The rental contract is concluded between the Owner and the Tenant within the framework of the rental between individuals.
Wikicampers as a rental platform is not a party to the contract, but an intermediary in the connection between the Owner and the Tenant.
Article 1: Departure of the vehicle
Prepare for Departure
- The Owner agrees to provide, for each rental, a full gas bottle, in addition to the gas bottle currently in use. If the Tenant must purchase an additional gas bottle, it will be at the Tenant's expense.
- Everything is prepared, your rental contract can be found on your Account in the reservation details, on the mobile app, or on the website.
- The parties agree on the time for the inventory , according to the reservation made by the Tenant: departure in the morning or afternoon. If the Owner entrusts their vehicle on dates different from those specified in the rental contract (the day before, for example), the vehicle is not insured.
- A little delay can happen... That’s why a tolerance of less than two hours, which does not compromise the proper execution of the rental, is commonly accepted. Beyond these two hours, the party affected by the delay has the right to request compensation of 10 €/ hour of delay. The tenant and the Owner must formalize this agreement on the "End of Rental Report" page of the rental contract (paper or app), directly at the time of vehicle return.
Departure
Here are the keys to a successful departure: start your timer and allow 1 hour 30 minutes!
- The Tenants present their identity card and driver's license to the Owner who must verify the compliance of the documents with respect to the drivers on the contract;
- The Owner provides a photocopy of the vehicle registration;
- Conduct the paper inventory (with each having your copy) is good, with the app, it's better!
A good inventory must be done:
1. Thoroughly and meticulously, by doing a complete tour of the vehicle;
2. During the day (good lighting is necessary to check everything calmly);
3. With photos at departure as well as at return, this is imperative!
4. By filling out and signing the rental contract
5. By trying the vehicle. As the Owner, you commit to conducting a driving test with the Tenant to familiarize them with driving the vehicle and to check that there are no anomalies regarding engine noise.
All elements of the vehicle must be checked during the departure inventory using the non-exhaustive model provided by Wikicampers in the rental contract. Any anomaly must be noted and photographed during the departure inventory, otherwise the element is considered functional.
At the end of this departure inventory, the Tenant declares to agree with the condition in which the vehicle was handed over to them and thus assumes responsibility during the rental.
Both parties agree to respect all of these recommendations; otherwise, no disputes regarding the conduct of the inventory will be taken into account.
In case of issues at departure
- If the inventory via the app and the paper version are impossible, both parties agree to establish an inventory on plain paper, accompanied by photos.
- The Tenant commits to refusing to take the vehicle on the day of departure in the following cases:
1. The rented vehicle does not match the advertisement published on Wikicampers.
2. The vehicle does not comply with safety standards.
The Tenant must then immediately inform Wikicampers by phone or email on the day of departure, and send photo or video evidence to [email protected]. The Customer Service of Wikicampers will validate any potential refund of the rental to the Tenant based on the provided elements.
- The Owner commits to refusing to hand over their vehicle on the day of departure in the following cases:
1. The individuals presenting themselves do not match the individuals mentioned in the rental contract.
2. The number of passengers exceeds that indicated in the rental contract or the number of seats indicated on the vehicle's registration document.
3. The tenant is in a state of intoxication or under the influence of illegal substances.
The Owner must then immediately inform Wikicampers by phone or email on the day of departure, and send photo or video evidence to [email protected]. The Customer Service of Wikicampers will validate any potential compensation for the rental to the Owner based on the provided elements.
Hors Limites 64 is registered with ORIAS under number 19007850 as an insurance intermediary agent.
Article 2: Malfunctions During the Rental
A malfunction is defined as any incidental anomaly encountered during the rental that prevents full enjoyment of the vehicle but does not cause its immobilization (examples: defective heating, no hot water...).
The Owner is solely responsible for the maintenance of their vehicle; therefore, repairs related to the vehicle's malfunctions are the responsibility of the Owner.
Managing a Malfunction
In case of a malfunction:
- The Renter agrees to:
1. Contact the Owner to inform them;
2. Request the Owner's written consent (via email or SMS) before incurring repair costs;
3. Keep the invoice to present to the Owner upon return.
- The Owner agrees to reimburse the Renter upon presentation of an invoice if repairs were made during the rental;
- Both parties agree to formalize this agreement on the End of Rental Report page of the rental contract (paper or app) at the time of vehicle return.
Compensation Scale
Additional compensation from the Owner is possible to indemnify the Renter for the inconveniences caused. Upon return, the Renter must request this from the Owner, who agrees to compensate the Renter, deducting from their gain according to the following table:
- Level 1: Significant malfunction occurring on an essential element of the vehicle (heating, stove, water pump, fridge bed...) / Amount €20 / day
- Level 2: Moderate malfunction occurring on a comfort element of the vehicle (air conditioning, TV, GPS, awning, rear camera...) / Amount €10 / day
If the element is functional upon return, the Renter cannot claim any compensation
In case of doubt about the origin of the malfunction, particularly the possibility that it results from improper handling by the Renter:
1. Wikicampers will ask the Owner to present a diagnosis performed by a professional establishing the origin of the malfunction;
2. If the diagnosis implicates the Renter's responsibility, a claims file will be opened by Wikicampers' insurance service;
3. Conversely, it will be considered that the malfunction is incidental and therefore the responsibility of the Owner.
In case of dispute, the Customer Service may act as a mediator.
Hors Limites 64 is registered with ORIAS under number 19007850 as an insurance intermediary agent.
Article 3: Breakdown During the Rental
These provisions apply only to rentals insured through the insurance provided by Wikicampers. In other cases, all provisions should be checked directly with the vehicle rental company.
Renters benefit from assistance available 24/7 with a simple call to the number listed on the first page of the rental agreement.
The assistance services are detailed on the following page Insurance Conditions
The SOS Guide providing all useful information is available on your Account in the reservation details.
The Owner is solely responsible for the maintenance of their vehicle; therefore, repairs related to mechanical breakdowns of the vehicle are the responsibility of the Owner.
In the event of a breakdown, if the Owner believes that the Renter is responsible for the breakdown due to misuse, the Owner may contact their personal insurance or appoint a professional expert on their own initiative to provide proof of the Renter's liability. If, at the end of this expertise, the Renter's liability is established, the latter agrees to pay for the repair costs as well as the expertise fees incurred by the Owner.
In case of a breakdown:
1. The Renter agrees to inform the Owner and Wikicampers of the breakdown by phone or by email at [email protected]
2. No expenses should be incurred without the prior agreement of Assistance and the Owner.
3. If the payment has not yet been made to the Owner at the time of the breakdown, the payment will be retained by Wikicampers, just like the Renter's deposit, until the case is closed.
The broken vehicle is repairable
Two possible situations:
1. The immobilization is due to misuse : the repair costs related to it are due by the Renter.
2. The immobilization is due to a mechanical breakdown whose cause is accidental or undetermined:
- The repair costs related to the breakdown are the responsibility of the Owner.
- The Owner agrees to reimburse the Renter upon presentation of an invoice upon return of the vehicle and to formalize this agreement on the End of Rental Report page of the rental contract (paper or app).
Additional compensation from the Owner is possible to compensate the Renter for the inconveniences caused by the breakdown (time spent at the garage, change of plans...).
Upon return, the Renter must request this from the Owner, who agrees to compensate the Renter, deducting from their payment:
1. If the Owner has already received their payment: the latter compensates the Renter directly upon return of the vehicle. The parties formalize this agreement on the End of Rental Report page of the rental contract (paper or app).
2. If Wikicampers has not yet paid the Owner: both parties agree on an amount and formalize this agreement on the End of Rental Report page of the rental contract (paper or app) directly upon return of the vehicle. Wikicampers will compensate both parties upon receipt of this duly completed and signed document sent to [email protected].
The broken vehicle is not repairable
Before leaving the vehicle, the Renter agrees to imperatively take photos of the interior and exterior of the vehicle before being repatriated, as you will not be able to return the vehicle to the Owner due to the incident. There will therefore be no return inventory.
Otherwise, or if the photos are not conclusive, the photos taken by the Owner upon the return of the vehicle will be authoritative, and the Renter's liability will therefore be engaged.
Two possible situations:
1. The immobilization is due to misuse by the Renter:
- The repair costs related to the breakdown are then the responsibility of the Renter
- The Owner has the right to request compensation for the costs of returning the vehicle (fuel, tolls) and cleaning, which were initially the responsibility of the Renter
2. The immobilization is due to a mechanical breakdown whose cause is accidental or undetermined
- The repair costs related to the breakdown are the responsibility of the Owner.
- The costs of returning the vehicle (fuel, tolls) are the responsibility of the Owner.
- The additional fuel (the vehicle must normally be returned with a full tank) may be requested from the Renter at the Owner's discretion.
Following a rental interrupted because the broken vehicle is not repairable, the calculation of compensation is made by the Insurance Service, which informs both parties by email.
If the breakdown occurs within 24 hours of taking over the vehicle:
- The Renter will be reimbursed for their rental, deducting the insurance premiums used (that is, starting from the day after repatriation, the repatriation service being included in the insurance contract).
- The Owner will not receive any payment.
In other cases:
- The Renter will be reimbursed for the unused rental days from the time of the breakdown, deducting the insurance premiums used (that is, starting from the day after repatriation, the repatriation service being included in the insurance contract).
- The Owner agrees to reimburse the Renter for the unused rental days at the displayed daily rate, and this, deducting from their payment
- If the Owner is in possession of their payment, they agree to directly compensate the Renter within seven working days after the breakdown, based on the calculation made by Wikicampers.
- If Wikicampers has not yet paid the Owner, Wikicampers will compensate both parties within 7 working days after the breakdown.
All supporting documents must be sent by email to [email protected]
In case of tire problems
The owner is responsible for the condition of the tires on their vehicle. They agree to provide tires less than five years old.
In case of a puncture:
- assistance will take care of the vehicle within the limits of the guarantees of the contract by offering towing or on-site repair if possible.
- the replacement of tires due to a puncture is not covered by the insurance guarantees. Tires must be replaced at the Renter's expense.
- balancing a motorhome requires that the 2 tires on the same axle be identical. The mechanic may therefore request to change 2 tires even if only one is damaged. In this case, for the replacement of the 2nd tire, the costs are to be shared 50/50 between the Owner and the Renter.
In case of a tire blowout:
- assistance will take care of the vehicle within the limits of the guarantees of the contract, particularly by arranging for towing if necessary.
- the replacement of tires due to a blowout is not covered by the insurance guarantees.
- the blowout of a tire is the responsibility of the Owner, unless it results from a collision with a fixed object related to the operation of the vehicle. In this case, the replacement costs are the responsibility of the Renter.
In case of damage to a tire during the rental, the Renter agrees to consult an automotive professional to establish a written and detailed diagnosis. This document must imperatively specify the probable technical cause of the damage. The parties expressly agree that this technical diagnosis will constitute a basis of proof for determining responsibilities.
If the damage results from a collision or inappropriate use during the rental, the replacement and diagnostic costs are the responsibility of the Renter.
If the damage results from natural wear or a prior maintenance defect, the costs are the responsibility of the Owner.
This technical report is authoritative between the parties for the allocation of damages. However, each party retains the right to request, at their own expense, a contradictory expertise by a certified automotive expert if they contest the conclusions of the initial diagnosis.
Owner's obligations regarding tires
The Owner agrees to rent a vehicle equipped with tires that comply with current regulations, in good condition and aged less than five (5) years at the start of the rental.
The Owner must be able to produce, upon first request:
- the invoice for the purchase and installation of the tires mentioning their date of manufacture (DOT) or any supporting document allowing to establish the age of the tires;
- any proof attesting to the good state of maintenance of the tires at the time of rental.
The date of manufacture of the tires (DOT) can be verified at any time on the tire in question.
In the absence of supporting documents allowing to establish the age and compliance of the tires, no file can be processed and the repairs as well as any consequential damages will remain the sole responsibility of the Owner.
Replacement of a second tire (same axle)
Balancing and safety of a motorhome may require the replacement of both tires on the same axle when only one is damaged.
If the intervening professional requires the replacement of the second tire for technical or safety reasons, the cost of this second tire will be shared as follows:
- 50% at the expense of the Owner;
- 50% at the expense of the Renter.
This distribution applies only when the Renter's liability is engaged for the initially damaged tire.
Consequential damages due to blowout
In case of damages to the vehicle resulting from a tire blowout:
- if the tires are more than five (5) years old at the time of the incident, the coverage of damages remains the responsibility of the Owner.
- if the tires are less than five (5) years old, an expertise may be conducted based on the following elements:
1. the damaged tire retained for expertise;
2. the invoice for the purchase and installation of the tires;
3. any material element allowing to establish the age and condition of the tires at the time of departure.
The expert will rule on the cause of the blowout and determine the liability of the parties.
The implementation of an expertise and the release of liability of the Renter are strictly conditioned on the physical handover of the damaged tire by the Renter to the Owner or to the appointed expert. In the absence of the latter, no recourse against the Owner can be exercised, and the incident will be treated as damage related to the Renter's driving (collision or misuse).
If the Renter's liability is established, they must pay the amount of the deductible provided for in the contract.
Otherwise, the coverage of damages will remain the responsibility of the Owner.
Hors Limites 64 is registered with ORIAS under number 19007850 as an insurance intermediary agent.
Article 4: Vehicle Return
Prepare the return
- Your rental contract is available on your Account, in the reservation details, on the mobile app or on the website.
- If the initial inventory was done via the app, the return inventory is then available. Otherwise, each party must have its copy of the paper contract.
- The parties agree on the time for the inventory, according to the reservation made by the Tenant: return in the morning or afternoon. If the Owner accepts the return of their vehicle on a date later than that specified in the rental contract (the next day for example), the vehicle is not insured.
- A little delay can happen... That’s why a tolerance of less than two hours, which does not compromise the proper execution of the rental, is commonly accepted. Beyond these two hours, the party affected by the delay has the right to request compensation of 10 € / hour. The parties formalize this agreement on the End of Rental Report page of the rental contract (paper or app) directly at the time of vehicle return.
Return Inventory
Here are the keys to a successful return: start your timer and allow 1 hour 30 minutes!
Completing the paper inventory (with each having your copy) is good, using the app is better! A good return inventory must be done:
- rigorously and meticulously: you must thoroughly do the complete tour of the vehicle.
- during the day (good lighting is necessary to check everything calmly).
- with photos at both departure and return, this is imperative!
Both parties agree to fill out and sign the return inventory together. If the inventory via the app and the paper version are impossible, both parties agree to establish an inventory on plain paper accompanied by photos.
All compensations (examples: delay, fuel, additional kilometers, cleaning fees...) are to be agreed upon and settled directly between the two parties at the time of vehicle return. The parties agree to formalize this agreement on the End of Rental Report page of the rental contract (paper or app).
Both parties agree to respect all of these guidelines. Otherwise, no disputes regarding the conduct of the inventory will be taken into account.
Hors Limites 64 is registered with ORIAS under number 19007850 as an insurance intermediary agent.
Article 5: Damage to the vehicle
These provisions apply only to rentals insured through the insurance provided by Wikicampers. In other cases, all provisions should be checked directly with the vehicle rental company.
In case of damage observed upon return of the vehicle:
- a damage report must be filled out and signed by both parties via the rental contract provided by Wikicampers or on plain paper
- through the mobile application, all necessary documents are automatically sent to us.
- with the paper contract, the 5 pages of the rental contract and the photos must be sent within 48 hours to [email protected]
- upon receipt of the declaration, Wikicampers blocks the deposit until its expiration and the closure of the file.
The intervention of an expert is conditioned by the receipt of an estimate exceeding the amount of the deductible subscribed by the Tenant in the context of a claim covered by the insurance conditions
In case of covered damage:
- if the repair amount is assessed as being less than the deductible, the insurance does not intervene, and there is therefore no expertise. The repair costs remain the responsibility of the Tenant;
- the tenant can ask the Owner to provide a comparative estimate, and the latter is obliged to accept this request in view of an amicable resolution of the file when possible (repairer capable of repairing at a reasonable distance from the Owner's home);
- if no agreement is reached, Wikicampers may decide to appoint an expert to resolve the dispute. In such a case, the costs of the expertise (€200 including tax) will be borne by the party contesting the presented estimate. If the Tenant's liability is engaged following this expertise, they then commit to pay the amount of the repairs approved by the expert;
- if the repair amount is assessed as being greater than the deductible, the insurer will appoint an expert and cover the damages less the amount of the deductible and €50 in management fees per claim, amounts due by the Tenant;
- the tenant is required to attend the expertise if they wish to assert their rights to contradictory expertise. The cost of a counter-expertise is the responsibility of the Tenant if they contest the conclusions of the independent expert appointed by the Wikicampers insurer. To do this, they must inform Wikicampers before the repairs are made;
- with an identified third party, a report must be filled out and sent to Wikicampers by email;
- the following information should be reported on the amicable automobile accident report in box no. 8 "Insurance Company":
INSURANCE COMPANY
NAME: Allianz
Contract No: 58722587
It is not necessary to fill out the other lines of box no. 8
- in the case of theft, attempted theft, or vandalism, the Tenant must file a complaint within 24 hours with the competent authorities and send us the complaint at [email protected];
- in case of non-covered damage, by the insurance conditions (contract exclusions, interior damage...) the repair costs are the responsibility of the Tenant;
- in case of damage not requiring expertise on a vehicle over 10 years old (9th year completed);
A depreciation coefficient will be applied. This coefficient of 5% per year from the 10th year of the vehicle takes into account wear for any part that has not been changed in the last 10 years (it is the owner's responsibility to provide an invoice indicating the date of the part change if necessary). The application of depreciation cannot exceed 50% of the price of the parts, and labor costs remain the responsibility of the tenant.
- in case of prior damage
That is to say, if the vehicle shows damages mentioned in the initial condition report (non-aesthetic damage: crack, break...) at the exact location where the Tenant causes damage during their Rental, the amount of the repair estimate presented by the Owner will be shared 50/50 between the parties.
- in case of aesthetic damage
In case of aesthetic damage whose nature does not prevent the proper functioning of the damaged element, compensation for the prejudice suffered for the depreciation of the vehicle is preferred for any damage whose replacement would have been estimated at more than €400. The following will be considered purely aesthetic damages: shocks or scratches on furniture; stains on surfaces; holes in the vehicle floor or ceiling; shocks, burns, scratches, chips on the surfaces of sinks, washbasins, shower trays, tables, cupboard doors, scratches on mirror shells, rims, or any furniture element. In the cases mentioned above, the flat-rate compensation is capped at €400.
If the vehicle is less than a year old, the damaged element must be replaced with a new one by the Tenant.
Wikicampers cannot process a file that does not respect the declaration deadlines, the coverage conditions, or for which the deposit has been released.
Hors Limites 64 is registered with ORIAS under number 19007850 as an insurance intermediary agent.
Article 6: After the Return
When the Owner receives a fine that occurred during a rental via Wikicampers, the Owner must contest the fine as soon as it is received with the information provided in step 1 of the inventory (page 1 of the rental contract). It is the Tenant, as the driver of the vehicle at the time of the offense, who must pay the fine.
If the vehicle is not returned by the date specified in the contract and neither the Owner nor Wikicampers have been informed, the vehicle is considered as diverted.
In the event that the Owner notices damage after signing the return inventory, they must contact the Tenant to modify the damage declaration. Without this, no file can be processed by Wikicampers.
Hors Limites 64 is registered with ORIAS under number 19007850 as an insurance intermediary agent.
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