OUR TERMS AND CONDITIONS OF HIRE – PLUTUS VOYAGES

OUR TERMS AND CONDITIONS OF HIRE – PLUTUS VOYAGES

updated 9/1/23 – subject to change without notice 

ART.1- PURPOSE OF THE RENTAL 

The owner rents to the client, the vehicle mentioned in the attached contract according to the clauses below, which the client accepts without reserve. Except for the characteristics that the owner will have made note of as determinants of his commitment at the time of his reservation (excluding the possibilitý to receive television and radio in good conditions), technical modifications may be made to the motorhome if these do not lead to any alteration in qualitý or price. It is also mentioned́ that a partner may substitute himself for the hirer to execute the attached contract. 

ART.2- PROVISION OF THE VEHICLE 

1/PROOFS TO BE PRODUCED BY THE CLIENT:

Before taking possession of the motorhome, the client and possibly the other drivers, who must be at least 21 years old and have held a driving license for more than 3 years, shall prove their identitý and produce their driving licenses. The delivery of the motorhome may be refused if the person who is to drive it does not present sufficient guarantees of capacitý and does not produce proof of address or rent receipt. The client assumes responsibility for the care of the vehicle and the control of the driving and transport operations. Under the risk of being excluded from the insurance guarantee, the client undertakes not to allow the vehicle to be driven by persons other than those approved by the owner and for whom he/she is responsible in accordance with article 1984 of the Civil Code. 

2/STATE OF THE MOTORHOME:

The motor home is placed at the disposal of the client, and in taking charge of the vehicle the client accepts he has perfect knowledge of its conditions of use and maintenance. The rental period takes effect and is materialized when the keys of the motorhome are handed over to the client and by the signature of the contract. At the time of the taking possession of the motor home, the client will sign an inventory list with all the material and accessories contained within the motorhome. When the motorhome is returned, the same inventory of material and accessories will be carried out.  In the event the client declines or refuses to sign the return material and accessories list, it will be deemed́ contradictory regarding the client. The client will be held fully responsible for the reimbursement of any missing or deteriorated material or accessories unless a particular mention is indicated on the vehicle material and accessories formula at the time of taking possession of the motor home deemed́ in good state of maintenance, as well as regarding the mechanical parts as to the installation elements. By refusing to sign the returns formula the client will not be able to refuse any repairs to which he could be held responsible under the terms of the present contract on the grounds of a failure or a malfunction of an installation. 

3/DOCUMENTS ON BOARD: 

The client is obliged to keep all documents in good condition. In the event of loss, the client shall make the necessary declarations for the issue of a duplicate, replace the documents at his own expense and pay the owner the costs of immobilization of the motorhome based on the daily rental rate of the motorhome in force at the time of the immobilization. 

4/GUARANTEE DEPOSIT: At the time the motorhome is made available, the client shall pay the owner a guaranteed deposit by bank transfer only, the amount of which is set out in the rental contract.

ART.3-PAYMENT

1/RESERVATION:

When booking the motorhome, the client must pay a deposit, the amount of which is set out in the price list. The full payment of the balance of the rental must be made 30 days before departure, otherwise the reservation will be cancelled. In calculating the periods of use of the motorhome by application of the tariff, the day is deducted by indivisible 24-hour periods.

2/ ADDITIONAL COSTS:

At the end of the rental period, the client undertakes to pay the owner the following additional costs:

– in the case of a limited kilometer rental, an indemnitý calculated at the rate provided for the number of kilometers travelled beyond what has been agreed by the said vehicle during the duration of its rental, according to the indication on the meter.

– for damage due to the responsibilitý of the client, the handling fees of 60€ including VAT and expenses incurred by the owner for the repair of damage caused to the vehicle, within the limit of an excess per claim indicated in the rates in force,

– All fines, costs, expenses, and taxes resulting from traffic or parking offences recorded during the term of the contract.

– the costs of services and additional fuel and/or ADBLUE and gas at the rate in force.

– the cleaning fee at the current rate.

3/ COLLECTION COSTS: 

For additional costs that are not paid after two reminders and a formal notice, the clients accept recovery by cashing the deposit made at the start and acknowledges being informed and accepting the associated recovery costs of an amount equal to 5% inclusive of tax of the amount recovered.

ART.4-TIME OF PROVISION:

The motorhome must be returned by the client to the owner at the latest on the day and at the time indicated on the contract. No extension of the rental period may be made without the agreement of the owner, which in any case must be requested at least 72 hours before the end of the rental period. In the event of a rental extension not approved by the owner, the client shall incur the loss of the insurance cover provided and shall pay a penalty for daily delay equal to 2 times the rate for the additional days in force and noted in the contract. In case of return of the motorhome, before the scheduled date, no refund will be madé to the client.

ART.5-OBLIGATION OF THE CLIENT: 

The client undertakes to respect the national and international provisions of the highway code relating to the driving, parking, and use of the motorhome. He undertakes to use the motorhome for his personal private needs. He shall not participate in competitions of any kind whatsoever, nor in their preparation, nor shall he make any modifications to them, nor shall he tow any hitch without the express agreement of the owner. The client shall not transport passengers or goods in an honorary capacity, nor use the motorhome for purposes other than those intended by the manufacturer or for illegal purposes. The motorhome may only be driven by the client, or the drivers mentioned by him on the rental contract, on roads suitable for motorized traffic in Europe, unless the owner has given special permission. The client is not allowed to sublet the motorhome or to dispose of it in whole or in part. The client is obliged to respect in the consequences of the civil and criminal offences committed against him or by him because of the use of the rented property. The client undertakes to keep the motorhome in good working order and in conformity with the legal and regulatory provisions in force. He acknowledges having received the manuals from the owner, having taken note of them and obliges himself to comply with the measures they contain, particularly as regards the punctuality of the maintenance operations which are recommended therein. The client undertakes to operate the anti-theft devices at each stop, if the campsite is equipped with them, to close the campsite and to keep with him the papers and the keys, which must not be left on board under any circumstances.

1/ STAY ABROAD:

The client is responsible for complying with the highway code of the countries crossed. To this end, at the time of booking, he/she shall inform the owner of his/her plans or shall make it his/her business to check the conformity of the vehicle’s equipment with the legal provisions of international traffic. Failing this, the owner cannot be held responsible for the consequences (road fines, immobilization of the vehicle…) and the client may be exposed to a forfeiture of the insurance cover under the exclusions stipulated in the insurance contract.

ART.6-MAINTENANCE AND REPAIR 

The client is obliged to keep the motorhome, its equipment and accessories in good working order. He shall be responsible for the minor maintenance of the motorhome, without recourse against the owner: periodic verification and supplementation of the levels (oil, coolant, windscreen wiper fluid, brake fluid, AD Blue) and periodic verification of the lights, tyre pressure, braking systems and battery. In case of doubt, it is up to you to contact the assistance service. In the event of malfunctions (engine, cell), the client must immediately notify the assistance service whose number he has been given. If the client does not contact the assistance service and does not follow its instructions, the owner reserves the right to charge penalties to the client for the days the vehicle is immobilized for repairs (based on the rate for an additional day in force) and the client remains financially responsible for the services carried out on his own initiative. All costs arising from normal mechanical wear and tear shall be borne by the owner Conversely, for abnormal wear and tear due to the client’s negligence, the costs of repatriation (passengers and vehicle), an indemnity for the immobilization of the vehicle based on the daily rate, for the period exceeding the contracted rental period and the repairs will be borne by the client and carried out by the owner. In the event of damage to the tyre for a reason other than normal wear and tear, the client undertakes to replace it at his own expense with an identical tyre.

ART.7- ASSISTANCE INSURANCE 

Subject to compliance with the conditions of the present general conditions, the client is guaranteed under the terms of an insurance policy taken out by the owner. The client acknowledges that he/she is aware of the guarantees subscribed to and the exclusions.

1/ DAMAGE INSURANCE:

See appendix 1.

The term “damage” refers to the notion of damage or deterioration suffered by the motorhome. The client automatically gives the owner the right to take recourse against third parties for material damage, regardless of the nature of the damage (broken glass, windscreen, impact with an identified or unidentified third party). The client is obliged to fill in an amicable report correctly completed́ at the latest within 24 hours of the discovery of the facts and will attach to his declaration the receipt́ of the complaint filed with the competent police authorities if necessary. Any damage not declared́ or based on a “false declaration” shall remain the responsibility of the client, both for the damage suffered by the rented motorhome and for that caused to third parties. The client shall in no circumstances discuss the responsibility for, deal with or compromise with third parties in relation to claims and shall refrain from refusing or suspending the payment of rents, repair costs or any compensation for damageś for which he may be liable in any way to the owner of the motorhome, on the pretext of the responsibility for damage.  An excess (or financial responsibilitý) of 2000€ is applied per claim (0€ttc in case of glass breakage- Windscreen). The client has the possibilitý, in return for the payment of a fixed contribution of 1 day: 35 €; 2 days: 60 €; 3 days: 80 €; 4 days: 100 €; 5 days: 115 €; 6 days: 130 €; 7 days: 145 €; 8 days: 160 €; more than 8 days: 18 €/day, to subscribe to a “redemption of the external damage excess” which makes it possible to limit the maximum amount that may remain payable by the hirer in the event of a responsible claim to 200€ (incl. VAT) per claim.

2/ INSURANCE FOR THEFT – HIJACKING AND ATTEMPTED THEFT OF THE VEHICLE:

The client undertakes to:

– declare the theft or attempted theft of the motorhome to the police or gendarmerie authorities and to the owner as soon as he is aware of it,

– to provide the owner with the original keys within 24 hours.

Under these conditions, the financial responsibilitý (excess) theft or attempted theft is 7622€. Failing to meet these conditions, the financial responsibilitý of the hirer will be raised to the total value (vehicle + equipment) under expert opinion.

3/ THEFT OF PERSONAL EFFECTS INSURANCE – DAMAGE TO THE VEHICLE: 

Personal effects” means all the belongings of the client and the occupants inside the closed vehicle at the time of the break-in, apart from foodstuffs. Damage to the vehicle” means damage to the vehicle caused by the break-in as well as theft of its accessories. The client must take out his own insurance.

4/ MAIN EXCLUSIONS AND CONSEQUENCES: 

Apart from the other exclusions stipulated in the insurance contract which are enforceable in their entiretý against the client the following guarantees shall be forfeited: 

– any driver not in possession of a valid driving license as well as any driver in a state of drunkenness or under the influence of drugs or narcotics not medically prescribed,

– the failure of the client to comply with his obligations to declare any damage of any kind to the owner, 

– damage caused to the upper parts of the motorhome (roof, hood and in general all parts of the vehicle above 2.50 m),

– damage to the interior of the vehicle, whether caused voluntarily or involuntarily (burns, broken accessories, etc.). 

In the event of damage not covered by exclusion or forfeiture, the client shall have the motorhome repaired at his own expense, in a workshop approved by the owner, after the owner’s agreement. If the motorhome is irreparable or cannot be returned for any reason whatsoever, the hirer shall owe the owner, in the event of forfeiture of the guarantee, an indemnitý the amount of which is provided for in the special tariff and assistance conditions.

ART.8- DUTIES AND TAXES 

The client is solely responsible for declarations and payment of duties and taxes concerning the circulation of goods (customs, grants, rules, etc.). If the owner is called into question, the owner expressly reserves the right to act against the client and to demand full compensation for the damage he has suffered. 

ART.9-TERM OF THE CONTRACT 

The rental is granted for a period specified in the contract attached to this contract. If the vehicle is not returned on the agreed date and in the absence of an extension granted in writing, the owner reserves the right to take back the motorhome wherever it may be and at the expense of the client, without the latter being able to invoke an abusive breach of contract. 

ART.10- BREACH OF CONTRACT 

The non-observance by the client of the general rental conditions will lead to the cancellation of the reservation or the rental. Also, if the reserved vehicle cannot be made available to the client for any reason beyond the control of the owner, the latter will try to propose an alternative. Without a solution or acceptance by the client, the reservation will be cancelled, and the client will be reimbursed for the sums paid, without being able to claim damages and interest. 

In the event of a dispute relating to the execution of the attached contract, the courts of the town of the owner shall have sole jurisdiction. 

ART.11- CANCELLATION

1/ CANCELLATION:

Number of days before departure (working days) More than 30 days before departure % Cancellation fee on the total amount of the rental 30%.

From 29 to 21 days before departure 40%.

From 20 to 15 days before departure 60%.

From 14 days to departure 100%.

There is no reimbursement for, failure to pick up the vehicle at the scheduled start time, or cancellation after the rental start date.

2/ SUBSCRIPTION TO THE CANCELLATION OPTION: 

To be validated, this option must mention the complete list of occupants of the motorhome and the totalitý of the price of the Cancellation Option must be paid. The option covers until the contractually agreed departure date of the rental and only in the following cases: 

– Serious illness requiring immobilization for more than 4 days,

– Accident preventing travel by own means,

– Death of one of the occupants of the motorhome or of one of his close relatives (spouse, father, mother, child, brother, sister, son-in-law, daughter-in-law)

– In case of dismissal of the insured.

This list of events is exhaustive; any other event other than those listed above is excluded from the scope of the Cancellation Option. PLUTUS VOYAGES decides whether the nature of the event falls within the scope of the legitimate cases referred to above. The client has the possibilitý of cancelling his reservation by registered letter with acknowledgement of receipt up to the scheduled departure date. This must be sent within 5 days of the event, accompanied by all supporting documents: work stoppage, death certificate, prescriptions, social securitý statements. Correspondence claims declarations or other notifications must be sent to PLUTUS VOYAGES Cancellation Department, 8 RUE DE LA GARE 52230 THONNANCE LES MOULINS -The CLIENT will be reimbursed for the totalitý of the sums paid less the cost of the cancellation option. After the scheduled departure date, no cancellation can be considered. This option covers the client up to the amount paid for the rental from the date of registration by the companý of the reservation and until departure. The origin of these events must not be prior to the date of booking, otherwise PLUTUS VOYAGES will not accept them.

ART.12- COMPLAINTS PROCEDURE FOR CONSUMER DISPUTES 

Any complaint shall be addressed by the client to the owner by registered letter with acknowledgement of receipt to the address of the owner’s establishment indicated on the contract. It will be dealt with as soon as possible by the owner. Furthermore, in accordance with article 612-1 of the Consumer Code, the client has the right to have recourse free of charge to a consumer mediator to resolve amicably the dispute between him and the owner. To this end, the proposed consumer mediator is CM2C and can be reached by 

– electronically: www.cm2c.net ; 

– or by post : CM2C – Centre de la médiation de la consommation de conciliateurs de justice, 14 rue saint jean, 75017 Paris 

ART.13- LEGAL INFORMATION ON PERSONAL DATA 

All personal data requested at the time of subscription is processed by PLUTUS VOYAGES. This data is essential for the conclusion, execution, and management of the contract. This data may be processed by PLUTUS VOYAGES- or even by third parties – to carry out any operation relating to customer management, commercial canvassing, management of people’s opinions on products, services or content, and the preparation of commercial statistics, updating PLUTUS VOYAGES’ prospecting files by the PLUTUS VOYAGES body, person or department responsible for managing the telephone canvassing opposition list, organizing competitions, lotteries or any promotional operation, managing requests for access, rectification and opposition rights, managing unpaid invoices and disputes, managing complaints or monitoring fraud. For more information on the processing of personal data, the beneficiary shall refer to the PLUTUS VOYAGES personal data protection policy displayed and available in its establishment and on its website or a copy of which may be obtained on request by e-mail (angela.finch@orange.fr) or at the address indicated in the attached contract.

In any event, the beneficiary has the following rights:

– right of access to his/her personal data which are included in the PLUTUS VOYAGES database – right to rectify or delete his/her data, it being specified́ that this right may be limited with regard to the contractual and/or legal obligations of PLUTUS VOYAGES- right to limit the processing of his/her personal data in the cases provided for by the regulations and in particular by Article 18 of the General Regulation 2016-679 on Data Protection (RGPD),

– right of portabilitý of its data,

– right to object to the collection and processing of his/her data on legitimate grounds,

– right to oppose the use of his/her data for commercial prospecting purposes by PLUTUS VOYAGES – right to withdraw his/her consent at any time, for the processing for which Plutus Voyages has collected́ his/her consent. 

He may exercise these rights, free of charge, by sending a request to PLUTUS VOYAGES accompanied by proof of identitý by e-mail (info@plutusvoyages.com) or to the address indicated in the attached contract. 

The beneficiary also has the right to lodge a complaint with the Commission National Informatique et Liberties (CNIL). Naturally, the seller is at his disposal in case of any difficultý to find an amicable solution. 

The beneficiary may give general or specific directives to a trusted third party certified by the CNIL or PLUUS VOYAGES relating to the conservation, deletion, and communication of his personal data after his death. He can also designate a person in charge of their execution and modify them at any time. In the absence of directives given during his lifetime, his heirs will have the possibilitý to exercise certain rights, in particular the right of access.