MOTORCYCLE RENTAL AGREEMENT - GOOD MOTORS AGENCY

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‍1. Parties to the Rental Agreement

The Rental Agreement is entered into between the Lessor (Good Motors Agency) and the Renter. It sets out the conditions under which the Renter rents the Vehicle from Good Motors Agency.

1.1 Transfer of risk and liability

From the moment the keys or the access code to the Vehicle are handed over, the Renter assumes legal and physical custody of the Vehicle and its accessories, in accordance with Articles 1242 et seq. of the French Civil Code (Code civil).
Accordingly, all risks of loss, theft, damage, fines, seizure, impoundment or immobilisation of the Vehicle are transferred to the Renter, and remain so until the Vehicle is fully returned to the Lessor under the conditions set out in this agreement.
The Lessor may under no circumstances be held liable for indirect losses suffered by the Renter (loss of income, immobilisation, cancellation of a trip, etc.).

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2. Mandatory pre-contractual information

The Renter acknowledges having received, before signing, all necessary pre-contractual information, including:

  • the exact duration of the rental and the terms of any renewal,
  • the precise price, including the rental itself, any mileage overruns, the cost of accessories and the hold,
  • the protection plan selected, its daily price and total price, the amount of the associated pre-authorisation hold and the corresponding liability cap, as defined in Article 12 bis,
  • the exact payment terms, including any use of the payment method previously registered under the conditions of Article 12 bis.5, as well as the financial conditions governing the release of the pre-authorisation hold.

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3. Obligations of Good Motors Agency

Good Motors Agency undertakes to rent out a vehicle:

  • which complies with the requirements of the law or regulations of the country of registration of the Vehicle (France),
  • for which the servicing recommended by the manufacturer has been carried out, and all safety equipment required in the country of registration of the Vehicle is in perfect condition, to the best of its knowledge, subject to the normal wear inherent in a vehicle in circulation,
  • which is insured on an annual basis with at least third-party cover and any other insurance required by the laws of the country of registration of the Vehicle,
  • of which it is and remains the owner throughout the Rental, or for which it holds express authorisation from the owner and, in all cases, which it is authorised to rent out,
  • together with the provision to the Renter, upon request, of a copy of the Vehicle registration certificate in the event of a police check.

3.1 Minimum age and legal capacity

The Renter must be at least 18 years of age at the time of signing this Rental Agreement. Rentals are therefore strictly reserved for adults having legal capacity in France.
Where a booking is made by a minor, the Rental Agreement will be automatically cancelled without any refund or credit note being claimable, regardless of the date of cancellation or of the start of the rental.

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4. Entitlement to drive

Good Motors Agency has no legal or regulatory competence to assess the validity of a foreign driving licence (in particular one issued outside the European Union), or its compatibility with the requirements of French law, and may under no circumstances be held liable for the consequences of a lack of entitlement to drive in France.
The administrative or technical validation of a driving licence uploaded by the Renter to their online account in no way amounts to a legal validation of the right to drive on French territory. Such validation means only that the document presented appears, at first sight, to be formally compliant (legible, in good condition, bearing the official particulars). It is a documentary check, not a check of entitlement.
The Renter is therefore solely responsible for ensuring, before the rental begins, that they are legally authorised to drive the rented vehicle on French territory, in accordance with the French Highway Code and any applicable requirements as to conversion, translation or recognition of their driving licence.

4.1 Renter's declaration

Prior to the handover of the keys, the Renter expressly declares, by means of a positive action taken in their online account:

  • that the driving licence they have submitted is valid and currently in force,
  • that the information they have entered concerning themselves is accurate,
  • where the Vehicle falls within a category accessible under a category B licence, that they meet the conditions allowing them to ride it, in particular the seven (7) hour training required by the French Highway Code, save for any statutory exemption which it is for them to evidence.

This declaration is time-stamped and retained by the Lessor under the conditions of Article 22. No declaration is pre-selected or pre-validated: it results exclusively from an action taken by the Renter.
Any offence or incident connected with an invalid driving licence, in particular where the insurer refuses cover, will be borne entirely by the Renter, with no recourse against Good Motors Agency.

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5. Obligations of the Renter and penalty clause

The Renter undertakes to:

  • comply with the applicable insurance conditions,
  • for French and European nationals: hold the licence required for the rental of the motorcycle, namely A, A2, A1, or B together with the seven (7) hour training where the engine capacity of the Vehicle so allows,
  • for non-European nationals: hold a licence conferring entitlement to ride the vehicle requested,
  • not have been at fault in a bodily injury incident with aggravating circumstances during the last 36 months, and/or in two or more at-fault material damage incidents,
  • ride within the European area only,
  • use the Vehicle in a reasonable and responsible manner,
  • return the Vehicle in a clean condition and with the same fuel level as at the start of the Rental,
  • not allow any other person to ride the Vehicle,
  • not abandon the Vehicle following an accident or breakdown.

Any serious breach by the Renter of the obligations under this agreement (in particular failure to report an incident, prohibited use of the Vehicle, subletting, use outside the authorised territory, riding without a valid licence) may result in:

  • the immediate and full capture of the pre-authorisation hold established under Article 16,
  • the application of flat-rate penalties of up to 500 EUR, in addition to the repairs and damage recorded,
  • and, where applicable, any legal action seeking additional damages.

5.1 Strictly prohibited uses

The Renter is formally prohibited from:

  • carrying passengers for payment (ride-hailing, food or parcel delivery for reward),
  • taking part in any competition, rally or sports training,
  • riding under the influence of alcohol, narcotics or medication impairing their faculties.

Any breach of this clause constitutes serious misconduct resulting in the forfeiture of all insurance cover, the loss of the benefit of the protection plan taken out under Article 12 bis, and the full liability of the Renter.

5.2 Subletting and sharing of access prohibited

Any subletting, making the vehicle available to an unauthorised third party, or passing on the access code without the written consent of the Lessor constitutes serious misconduct resulting in the forfeiture of cover, the loss of the benefit of the protection plan taken out under Article 12 bis, and may justify the full capture of the pre-authorisation hold, without prejudice to damages.

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6. Condition report

A detailed condition report will systematically be produced using photographs or videos validated by the electronic signature of the Renter, at the start and at the end of each rental. Any subsequent dispute regarding the condition of the vehicle must rely exclusively on these records.
Photographs and videos taken in accordance with the shooting instructions provided by the Lessor are conclusive as between the parties.
Any deliberate attempt to conceal damage by means of partial or biased shots, or shots masking or deliberately omitting an area of the vehicle, will be treated as fraud. In such a case:

  • Good Motors Agency reserves the right to send an agent on site to carry out an inspection of the vehicle in the presence of both parties, charged at a flat rate of 50 EUR to the Renter,
  • and such conduct may give rise to contractual sanctions, including the full or partial capture of the pre-authorisation hold where damage is found.

Where, following damage, an accident, or any form of negligence or failure to comply with the undertakings given under this agreement, the Vehicle is not returned in a condition allowing it to be rented out again immediately and normally to another customer, Good Motors Agency reserves the right to capture all or part of the pre-authorisation hold of the Renter at fault.
In such a case, the amount captured will include:

  • the direct costs of repairing or restoring the Vehicle,
  • an amount corresponding to the rental day or days lost, calculated on the basis of the public daily rate including tax, corresponding to the days during which the next Renter was unable to use the vehicle, which was made unavailable for rental as a result of the conduct or negligence of the Renter.

These amounts remain subject to the liability cap of the protection plan taken out, under the conditions of Article 12 bis, except in the cases of forfeiture set out in Articles 5, 5.1, 5.2 and 12.

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7. Assistance in the event of breakdown or accident

In the event of an accident, breakdown or immobilisation of the Vehicle during the rental period, the Renter must first contact the roadside assistance service of la Mutuelle des Motards, the insurer of the Vehicle, on 04 99 13 22 22, available 24 hours a day, 7 days a week. That service directly arranges recovery and towing and opens the claim file.
As the insurance policy is taken out on a fleet basis, the Renter must give the assistance service the registration number of the Vehicle, which identifies the policy.
Contacting the insurer's assistance service does not constitute an unauthorised step within the meaning of this Article.
The Renter must then inform Good Motors Agency under the conditions and within the time limit set out in Article 8.1. For any other request, the Renter may contact Good Motors Agency customer service on 06.82.18.64.50, during the hours corresponding to the protection plan taken out, as defined in Article 12 bis.
No other step (repair, towing entrusted to a third party, removal) may be taken by the Renter without the prior agreement of the Lessor or of the assistance service, except in the event of serious and imminent danger to their safety or that of others. Any unauthorised intervention may result in the costs not being covered by the insurer or by the Lessor.

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8. Liability in the event of accident or theft

The Renter is responsible for the Vehicle in their custody throughout the duration of the Rental provided for in the Rental Agreement.
The Vehicle, together with all accessories made available to the Renter, must be returned in the condition recorded by both parties at the start of the Rental, and on the date and at the time provided for in the Rental Agreement.
In the event of theft, of damage caused to the Vehicle or its accessories through the fault of the Renter or in the absence of fault by an identified third party, or of failure to return the Vehicle, the Renter is liable for all costs up to the liability cap of the protection plan taken out, as defined in Article 12 bis.
The Renter authorises, before the handover of the keys, a pre-authorisation hold in an amount corresponding to the protection plan taken out.
No amount is taken at the start of the rental: the funds remain in the Renter's bank account and are not transferred to the Lessor.
Where damage occurs for which the Renter is responsible, the Lessor will capture from that hold only the amount of the repairs or costs actually incurred, up to the amount of the hold. The balance is released.
The relevant supporting documents (quotation, invoice, service report, condition report photographs) are provided to the Renter before any capture is made.
The pre-authorisation hold is released no later than seven (7) days after the return of the Vehicle, save where damage is found, a claim is under investigation, or a traffic fine is notified subsequently.
Other costs borne by the Renter:

  • In the event of a puncture, tyres are at the Renter's expense. If Good Motors Agency has to replace two tyres following a puncture, the Renter will pay for the replacement of one tyre plus 50 % of the cost of a second tyre. If the puncture is due to abnormal wear of the tyres, all costs will be borne by Good Motors Agency.
  • In the event of loss or theft of the Vehicle key during the Rental, the Renter will be liable for the cost of producing a new key for Good Motors Agency and, if Good Motors Agency expressly so requests, for 50 % of the costs of replacing the lock barrel and the full set of keys.

8.1 Mandatory reporting of any incident or damage

In the event of a total loss of the vehicle, the Renter is liable up to the replacement value of the vehicle as assessed by an expert, and not merely up to the amount of the pre-authorisation hold, should the insurer refuse cover.
The Renter undertakes to report to Good Motors Agency any incident, accident, fall, scratch, loss, theft or damage to an item of equipment or to the Vehicle, whether or not they are at fault, within forty-eight (48) hours of becoming aware of it, and in any event no later than upon return of the Vehicle.
This report is separate from the call to the assistance service provided for in Article 7, which remains the priority in the event of an accident or immobilisation.
Any failure to report within that time limit, of whatever nature (fall, accident, scratch, loss, theft or damage to an item of equipment, etc.), found by Good Motors Agency on return of the Vehicle or after the rental, will give rise to a flat-rate penalty of 120 EUR, captured from the pre-authorisation hold, in addition to the full cost of the necessary repairs and any ancillary costs (replacement, cleaning, technical intervention, etc.).
The flat-rate penalty of 120 EUR for failure to report an incident is intended to cover the actual costs generated by that omission. Where damage is not reported, Good Motors Agency must send an agent urgently to inspect and, where applicable, repair the item concerned, which entails higher travel, intervention and restoration costs. To this is added additional administrative handling, in particular where the failure to report requires a booking scheduled immediately afterwards to be rearranged or cancelled, so as to prevent another customer from taking charge of a damaged vehicle. This sum therefore covers the technical costs, the labour costs and the administrative steps made necessary by the Renter's lack of transparency.

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9. Liability in the event of breakdown

Good Motors Agency is responsible for the maintenance of the Vehicle. Mechanical and electronic breakdowns are therefore its responsibility.
However, if Good Motors Agency considers that the Renter is responsible for a breakdown following use of the Vehicle contrary to the terms of the Rental Agreement, Good Motors Agency may appoint an independent expert to establish this. Following the expert assessment carried out in the presence of both parties, liability for the breakdown will be determined. If the Renter is found responsible, they must pay for all resulting repairs as well as any expert assessment costs incurred.
In the event of a breakdown, an accident or an inability to continue the journey, the Renter undertakes never to abandon the vehicle, including on the public highway (except in cases of force majeure or serious danger). They must immediately contact the assistance service under the conditions of Article 7, and await instructions concerning the recovery of the vehicle.
Any abandonment of the vehicle without the prior authorisation of Good Motors Agency or of the assistance service may result in:

  • the charging of the costs of recovering the vehicle,
  • the partial or full capture of the pre-authorisation hold,
  • and, where applicable, proceedings for endangering others or for damaging the rented property.

Where a breakdown is not connected with use contrary to the Rental Agreement, the Renter may terminate the rental and be refunded for the unused rental time.

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10. Traffic fines

The Renter is liable for all traffic fines incurred during the rental, including those received after the return of the Vehicle where they result from an offence committed during the rental period.
A Renter who commits an offence giving rise to a fine must bear its cost. A Renter who receives a fine, or believes they have committed an offence detected by an automated check, must inform Good Motors Agency upon return of the Vehicle.
The Renter is liable for an administration fee of 30 EUR, in addition to the amount of the fine, for each fine incurred during the Rental.

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11. Compensation and penalties

A Renter wishing to change the duration of the Rental Agreement must request this by email (vroom@goodmotors.agency) before the end of the initial agreement.
Late return:

  • Less than 24 hours: 30 EUR per full hour of delay.
  • More than 24 hours: 200 EUR per full day of delay, without prejudice to charging at the public daily rate. Each additional day will further be charged at the normal daily rental rate. The insurance does not cover the Vehicle during that period, the protection plan taken out ceases to have effect at the originally scheduled end time, and a theft complaint may be filed beyond one day of delay.

Cleaning charges:

  • 50 EUR for the intervention of one of our agents, plus the costs necessary to clean the vehicle (service station, cleaning products), where the Vehicle is abnormally dirty on the outside.
  • Where professional intervention is required (stickers, paintwork, etc.), the costs will be charged in full to the Renter.

11.1 Fuel

The Vehicle must be returned with the same fuel level as that recorded at departure.
In the event of any difference, Good Motors Agency may charge:

  • the missing fuel at the flat rate of 2 EUR per litre (98 octane unleaded), or at the rate currently in force if higher,
  • as well as a flat fee for an agent to attend and refuel,
  • in addition, if the Vehicle is returned with the fuel level on reserve or with an empty tank, a flat-rate penalty of 150 EUR will be applied, on top of the missing fuel charges and the attendance fee referred to above.

11.2 Excess mileage

Each vehicle is rented with an included mileage allowance, stated at the time of booking on the Good Motors Agency website and repeated in the confirmation email.
Where that allowance is exceeded, the Renter will be liable for an amount calculated according to the category of the vehicle booked, at the rate applicable as shown on the booking page at the time of the order.
The Renter may add mileage to their allowance before or during the rental, at the rate of the mileage pack corresponding to the category of the Vehicle. Failing any prior addition, each excess kilometre recorded on return is charged at twice that rate.
This scale is shown transparently on the Lessor's website as well as in the Renter's online account, and forms an integral part of this agreement.

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12. Insurance cover

The Vehicle is insured by Good Motors Agency with la Mutuelle des Motards. The Renter benefits from that cover provided they comply with the conditions of this agreement and those set out in the Terms of Use of the website.
That policy includes rider bodily injury cover up to 80,000 EUR, included at no extra cost whichever protection plan is selected, within the limits, ceilings and exclusions of the information notice, which is provided to the Renter upon request.
Any breach (late reporting, riding without a valid licence, prohibited use, etc.) results in forfeiture of cover. The Renter will then bear all costs incurred (repairs, third-party damage, etc.).
The applicable excess is equal to the liability cap of the protection plan taken out by the Renter, as defined in Article 12 bis.

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12 bis. Protection plans

12 bis.1 Legal nature

The protection plans constitute neither a contract of insurance nor an extension of the policy referred to in Article 12. They confer no right to indemnification for the benefit of the Renter.
They exclusively entail, on a contractual basis and at the expense of the Lessor, a partial waiver of the recourse which the Lessor would be entitled to exercise against the Renter in respect of damage caused to the Vehicle and its accessories, within the limits and for the items exhaustively listed below.
The Renter remains free to take out, with the insurer of their choice, any additional personal cover, in particular in respect of bodily injury or of their personal belongings.

12 bis.2 Plans offered

Three plans are offered to the Renter:

  • Limitée (Limited), included at no extra cost: pre-authorisation hold of 1,500 EUR, liability of the Renter capped at 1,500 EUR in the event of damage, helmet and gloves rented from the Lessor covered, customer service reachable from 9 am to 7 pm.
  • Essentielle (Essential), 9.90 EUR per day: pre-authorisation hold reduced to 750 EUR, liability capped at 750 EUR, helmet, gloves and top case rented from the Lessor covered, customer service reachable 24 hours a day.
  • Sérénité (Serenity), 18.90 EUR per day: pre-authorisation hold reduced to 50 EUR, liability capped at 50 EUR, fairing and bodywork covered, helmet, gloves and top case rented from the Lessor covered, provision of a replacement vehicle subject to availability, customer service reachable 24 hours a day.

The Renter's personal equipment, of any kind, is not covered by any plan.
The details of each plan, its price and the amount of the associated hold are displayed before any validation and repeated in the confirmation email. They form an integral part of this agreement.

12 bis.3 Plan applying by default

Failing any express choice by the Renter, the Limitée plan, included at no extra cost, applies automatically.
No paid plan may apply without an active selection by the Renter. No paid plan is pre-selected.

12 bis.4 Price

The price of the plan is equal to the daily price multiplied by the number of rental days. It is displayed inclusive of all taxes, both as a daily price and as a total amount, before any validation.
That price is earned by the Lessor from the start of the rental. It is not refundable on a pro rata basis in the event of early return, nor in the event that no damage occurs.

12 bis.5 Payment using the registered card

A Renter who has registered a payment method at an earlier stage of the booking process authorises the Lessor to charge that payment method for the amount of the plan selected, without re-entering their card details.
This authorisation results from the Renter's validation of the screen displaying the exact amount to be charged and stating that the payment is immediate. It constitutes express consent within the meaning of Article L.114-1 of the French Consumer Code and Article L.133-6 of the French Monetary and Financial Code.
It relates exclusively to the amount displayed at the time it is given. It confers no authorisation to charge any other sum under this agreement, in particular in respect of the pre-authorisation hold, repairs, traffic fines or penalties.
The Lessor retains, as evidence within the meaning of Articles 1366 and 1367 of the French Civil Code, the text displayed, the amount displayed, the time-stamped date and time, and the technical reference of the transaction. These records are provided to the Renter upon request.
Should the charge fail, the paid plan is not activated and the Limitée plan applies. The Renter is informed without delay and may still put matters right up to the handover of the keys.

12 bis.6 Changing plan

The plan may be upgraded up to the handover of the keys, upon payment of the difference in the same manner. No downgrade to a lower plan is possible after the start of the rental.

12 bis.7 Forfeiture

The cases of forfeiture provided for in Articles 5, 5.1, 5.2 and 12 result in the loss of the benefit of the plan taken out, without refund of its price. The liability cap then ceases to apply, and the Renter bears all costs incurred under the conditions of Article 12.

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13. Exclusion of the right of withdrawal

The 14 day right of withdrawal does not apply to vehicle rental agreements concluded at a distance or off-premises, where the agreement is fully performed before the end of the withdrawal period and performance has begun with the express agreement of the consumer.
Accordingly, where the agreement is signed less than ten (10) days before the start date of the rental, the Renter expressly acknowledges:

  • having requested immediate performance of the agreement before expiry of the statutory withdrawal period,
  • being informed that they thereby waive their right of withdrawal,
  • accepting that the rental cannot be refunded on that basis.

This waiver expressly extends to the protection plan taken out under Article 12 bis, including where it is selected after the rental agreement has been concluded.

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14. Cancellation and amendment conditions

In the event of cancellation of a booking:
By the Renter:

  • Full refund if cancellation occurs at least 10 days before the start of the rental.
  • No refund in the event of cancellation less than 10 days before the scheduled date. A postponement of the rental may however be granted, valid for one year in all cities in which the Lessor operates.
  • If cancellation occurs less than 24 hours before the start date of the rental, no refund or credit note may be granted, as the booked vehicle has been held.
  • Where the Renter fails to appear at departure (no-show), no refund or credit note will be granted.
  • Where a valid licence or a compliant payment method is not presented, or where the pre-authorisation hold is not authorised, the Lessor may cancel the service without refund.

By the Lessor:

  • Full refund or provision of a new vehicle of an equivalent category, with no other compensation, where it is impossible to provide the vehicle booked (technical, administrative or other unavailability).

Change of dates:
The Renter may change the dates of their booking, free of charge and without giving reasons, up to 24 hours before the scheduled departure time, subject to the availability of a vehicle of an equivalent category for the requested slot. This option may be exercised once per booking. Any difference in price between the two slots remains payable.
Any other amendment or postponement accepted by Good Motors Agency is granted on a commercial basis and does not constitute an acquired right for the Renter.

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15. Renter's creditworthiness

Good Motors Agency reserves the right to check the creditworthiness of the Renter before the handover of the keys.

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16. Payment security and pre-authorisation hold

All payments are secured by an approved payment service provider.
The handover of the vehicle is conditional upon the effective authorisation of the pre-authorisation hold corresponding to the protection plan taken out, within the time limits set by the Lessor.
Where the Renter is unable or refuses to authorise that hold before the start of the rental, the Lessor reserves the right to cancel the service without refunding the amount paid for the booking. This clause is justified by the importance of the guarantee within the contractual and insurance security arrangements of the rental business.
Where the hold is declined by the Renter's bank, the Renter may still present another payment method, or reduce the amount of the hold by selecting a higher protection plan under Article 12 bis. This latter option remains a choice and in no way an obligation.

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17. Personal data and disclosure (GDPR)

The personal data collected is used solely for the management of the rental. It may, without further consent, be disclosed to the competent authorities (police, gendarmerie, prefectures), to insurance companies and to assistance providers in the event of an incident, offence, accident or any other situation requiring such disclosure.
Processing is based on performance of the contract, compliance with legal obligations (handling of offences, responses to the authorities), and the legitimate interest of the Lessor (combating fraud, protecting property). Data is retained for the duration of the contractual relationship, then for a period of 2 years depending on the purpose and statutory limitation periods, before legal archiving or anonymisation. Detailed information is set out in the Lessor's Privacy Policy.
In accordance with the GDPR, the Renter may exercise their rights at the following address: contact@goodmotors.agency

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18. Force majeure

Neither party may be held liable for non-performance of the agreement due to an event of force majeure, within the meaning of French case law, including in particular: natural disaster, epidemic, war, terrorist attack, strike, or an administrative or judicial decision making performance of the agreement impossible.

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19. Use of the Good Motors Agency payment service

Good Motors Agency and the Renter may use the payment platform for any sum due in connection with the rental, including:

  • the price of the protection plan, under the conditions of Article 12 bis.5,
  • additional kilometres,
  • fuel level adjustments,
  • the penalties and compensation charges defined in this agreement.

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20. Application of the agreement, mediation and dispute resolution

In the event of a dispute, the parties undertake to seek an amicable solution, in particular by referring the matter to a consumer ombudsman designated by the Lessor.
Failing an amicable resolution, any dispute will fall within the exclusive jurisdiction of the court in the district of the registered office of Good Motors Agency, even where there are multiple defendants or third-party proceedings, save for mandatory statutory provisions to the contrary.
The applicable law is exclusively French law, including for foreign Renters.

20.1 Consumer mediation

In accordance with Articles L. 611-1 et seq. of the French Consumer Code, a Renter having the status of consumer is entitled to have free recourse to a consumer ombudsman with a view to the amicable resolution of any dispute with the Lessor.
In accordance with the provisions of the French Consumer Code relating to the consumer dispute mediation process, after having contacted the Lessor's customer service (contact@goodmotors.agency) and in the absence of a satisfactory reply, the Renter may have free recourse to a consumer mediation procedure with:
CM2C, Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu, 75008 Paris, France
Telephone: 01 89 47 00 14
Website: cm2c.net
Email: litiges@cm2c.net
This recourse is optional, confidential and impartial. It does not deprive the consumer of the right to bring proceedings before the competent court at a later stage.

20.2 Out-of-court dispute resolution

The consumer may also contact the French point of contact for the European Online Dispute Resolution platform (ODR): CEC France, odr-france@cec-zev.eu, which will assist them in their steps or redirect them to the competent body.

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21. Acknowledgement of debt and pre-authorisation hold

The Renter acknowledges owing the Lessor the sums payable under this agreement, up to the liability cap of the protection plan taken out, save in the cases of forfeiture provided for in Articles 5, 5.1, 5.2 and 12.
The pre-authorisation hold authorised under Article 16 secures payment of those sums. The Lessor is entitled to capture it, in whole or in part, under the conditions and against the supporting documents provided for in Article 8, in order to cover:

  • repairs,
  • ancillary costs (towing, loss of rental income, cleaning, penalties),
  • as well as any sum remaining due by the Renter under this agreement.

Capture of the hold discharges the Renter only up to the sums actually captured.

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22. Acceptance of the Terms of Use and validity of electronic evidence

The Renter acknowledges having read and accepted, prior to any booking, the Terms of Use available on this page.
Acceptance of these terms is evidenced by ticking a box provided for that purpose and validating their registration or booking on the Good Motors Agency website. This electronic validation constitutes express and unreserved consent to these contractual terms.
Where the Renter selects a paid protection plan after their booking, validation of the corresponding payment screen constitutes separate acceptance of the provisions of Article 12 bis.
The Renter also acknowledges the evidential validity of any electronic document issued or retained by Good Motors Agency (electronic signature, condition report photographs and videos, time-stamped declarations within the meaning of Article 4.1, emails, WhatsApp exchanges, etc.), in accordance with Articles 1366 et seq. of the French Civil Code.

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23. Severability

The possible invalidity of any provision of this agreement does not affect the validity of the other provisions, which will remain fully applicable.

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24. Address for service

For the performance of this agreement and its consequences, the parties agree to elect domicile at their respective addresses provided at the time of booking.
Any communication sent by email to the address declared by the Renter at the time of booking is deemed received and produces full legal effect.

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25. Immobilisation indemnity

Where the vehicle is immobilised through the act of the Renter, the Renter will be liable for an immobilisation indemnity equal to the public daily rate including tax multiplied by the number of days of unavailability, provided that this indemnity may not be less than 200 EUR per day.
This indemnity is not cumulative with the amount for lost rental days provided for in Article 6: only the higher of the two sums is payable.

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26. Language clause

This agreement is drafted in the French language. Should it be translated into one or more other languages for convenience, only the French version will prevail in the event of any contradiction, divergence of interpretation or dispute relating to its performance.

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