Updated on May 31st, 2023
The purpose of these general rental conditions (the «CGL») is to define the conditions and terms according to which the company CAPSULES, S.A.R.L. with capital of €75,000, registered in the Paris Trade and Companies Register under number 893 774 695 and having its registered office located at 54 rue Lemercier – 75017 Paris (the «Renter»), offers the rental of vans (the “Vehicle”) at www.oberdream.com (the “Site”) to the Client (hereinafter referred to as the “Client”). The Client and the Renter are hereinafter individually or collectively referred to as the “Party(s)”.
The CGL, the inventory of the Vehicle («departure» and «return»), the estimate, the Simplified Insu rance Explanatory Notice (hereinafter the “Insurance Notice”) form an individual rental contract and associated services (hereinafter referred to as the “Rental Contract”).
The contractual documents listed above constitute, with the exception of each Lease Agreement concerned,
the entire agreement between the Parties with respect to its subject matter. Accordingly, they supersede
and cancel all declarations, negotiations, commitments, oral or written communications, acceptances, understandings
and prior agreements between the Parties relating to the same subject matter.
The confirmation of a reservation on the Site requires the signature by the Client of the Rental Agreement, consisting of the contractual documents referred to in Article 2 above. The electronic signature shall be deemed to have the same value as a handwritten signature on the part of the Client and shall render these GTC enforceable.
4.EFFECTIVE DATE / TERM OF LEASE
The Rental Agreement shall take effect on the day of the Client’s confirmation of booking of the Vehicle.
The duration of the rental of the Vehicle appears on the rental confirmation sent by the Renter and may not be less than two (2) nights, except special mention in the context of promotions or packaged products.
When the duration of the rental, as initially indicated by the Client at the time of booking is reached, the Client must return the Vehicle in the terms provided for in article 14 hereof.
If applicable and after returning the Vehicle, the Renter reserves the right, which the Client accepts, to make an adjustment to the rental price, according to the terms defined in article 14 of the CGL.
A final invoice will be issued 7 days after the return of the Vehicle, following the detailed inventory of the Vehicle and leaving a reasonable period to include any tickets and list all costs resulting from the reservation.
- BOOKING OF THE VEHICLE
5.1 REQUIRED CONDITIONS
The Client must be of full age.
The driver of the Vehicle (hereinafter referred to as the “Driver”), must be at least 23 years old and have a valid driver’s license corresponding to the category of the Vehicle, for at least 3 years. In addition, the Driver must not have an insurance penalty on his main vehicle.
Another driver (hereinafter referred to as «Au reconductor») may be authorized under the same cumulative conditions as the Driver:
- be declared in the Rental Agreement at the time of booking,
- be at least 23 years old and have held a driver’s license for at least 3 years,
- do not have insurance malus on their main
A driving license issued by a Member State of the European Economic Area (i.e. European Union Member States, Iceland, Liechtenstein and Norway) is valid in France. Holders of a permit issued by an outside State will be required to present a permit with a photograph, written in French or accompanied by an official translation. An international driving license must be accompanied by a national driving license.
The holding of a “white” or restricted license, or a declaration of loss or theft of the driver’s license does not authorize the rental of the Vehicle. The Driver must attest on the honor of the validity of his driving license as well as the absence of a measure of suspension, restriction or cancellation of the driving license.
5.2 BOOKING PROCEDURES
In order to make the booking of the Vehicle, the Client may choose to: go to the Site, and click on the «Reserve» section.
The Rental company offers rental vans that can accommodate between 2 and 4 people (beds and registration) according to the model, as specified on the registration of the registration.
All vans offered for rent are equipped with:
- Accessories made mandatory by regulation, including a high-visibility vest, a warning triangle,
a box of bulbs and fuses (except for vehicles equipped with LED headlights), a one-liter bottle of oil,
a fire extinguisher and a puncture kit. In case of non-restitution or degradation, the Renter will charge a flat-rate penalty of 200 € TTC (two hundred euros all taxes included) per accessory not refunded
- Camping accessories and equipment such as yoga mat, awning, table tennis table and stools,
full kitchen service, toilet accessories, linen and towels as detailed on the Site,
- High tech accessories and equipment: Bluetooth speaker, full access multimedia applications such as Netflix, universciné, asana rebel, fatmap… via a tablet as described on the website.
In addition, the Renter offers the Client various optional services at the time of booking the Vehicle, including:
- “Pick-up / Drop-off” services of the Vehicle,
- early check-in / late check-out options,
- delivery of brunch baskets option
- travel angel option.
- Unlimited mileage
- Kids accessories: baby cot, baby seat
The complete list of options and associated prices can be found on the Site.
The Renter reserves the right to modify this list at any time. The Client is therefore invited to consult it regularly
5.4 BOOKING VALIDATION
In order to validate his reservation, the Client must proceed to the payment of a deposit in accordance with the stipulations of article 6.2 of the CGL.
5.5 BOOKING CONFIRMATION
As soon as the Client has validated his reservation, in accordance with the above provisions, the Renter shall send him by electronic means:
- a summary of the reservation (formula chosen, options chosen, balance still to be paid to the Renter, ),
- the information relating to the making available of the Vehicle and in particular the date and place of making the Vehicle available agreed upon,
- the complete list of documents to be presented to the Renter on the day of
The Renter may under no circumstances be held liable for damages resulting from the loss or theft of the confirmation of the reservation sent to the Client and the use of this document by a third party.
The Renter may not be held liable in the event of a delay in making the Vehicle available when this delay results from the Client providing incomplete or inaccurate information, which the latter expressly accepts.
5.6 RIGHT OF WITHDRAWAL
In accordance with Article L.221-28 of the French Consumer Code, there is no withdrawal period for the Client making a remote order (via the Internet) from the validation of the reservation.
- PRICES AND TERMS OF PAYMENT
The prices are expressed in euros, HT (excluding taxes) and TTC (including all taxes). They may be revised at any time. The basic price is composed of a mileage package (200 km/day) according to the rates in force on the day of the booking validation, as communicated to the Client prior to the booking of the Vehicle.
This price includes:
- all risk liability insurance (compulsory and subscribed by the tenant for €10/night) within the limits of the provisions referred to in Article 12 and subject to the payment of the deductible and damage exceeding the amount of the deductible,
- 24/24 Vehicle technical assistance (troubleshooting or towing the Vehicle in the event of a breakdown, accident or fire), as specified in the Insurance Notice given to the Client in the booking documents as well as in the emergency support content integrated into the tablet present in the
It may be increased if:
- the cost of the options subscribed by the Client at the time of booking, as defined herein,
- the cost of extending the term of the lease,
- the cost of penalties applied, if any, to the Client at the time of the return of the Vehicle and referred to in 14.
This price does not include:
- fuel, AD blue, windscreen washer, engine coolant or steering fluid required during the rental period
- options not purchased at the time of booking,
- any mileage exceedances charged at 0.3 € / additional km,
- damage not covered by insurance, such as damage to tires, roof, underbody/underbody and/or inside the Vehicle, signaling devices (headlights, flashing lights) or mirrors, the parts under the Vehicle without chassis (fuel tank, grey water tank, ),
- time overruns resulting in a penalty set by the Renter,
- the amount of the deductible debited by the Renter in the event of an accident or damage to the Vehicle with or without a known third party,
- possible parking and motorway charges,
- expert assessment fees,
- tickets for which the Driver would be liable,
- the cost of repairs not covered by the insurance taken out, the amount of which would exceed the amount of the security deposit.
6.2 TERMS OF PAYMENT
6.2.1 ADVANCE PAYMENT
The Client must pay the Renter a deposit of 50% of the amount of the reservation in order to confirm it. The payment of the deposit is made exclusively by credit card/credit card online via the Website. The Client must pay the deposit by filling in the secure payment form provided for this purpose, no later than 24 (twenty-four) hours before the date and time scheduled to pick up the vehicle (unless the reservation is made before this date).
The automatic debit of the balance of the total price of the rental will be made at the latest 7 (seven) days before the date and time of pick-up of the Vehicle planned, on the card used for the payment of the deposit or on another card registered by the Client.
In case of reservation made less than 7 days before departure, the total amount of the reservation will be due at the time of booking. The balance corresponds to the total amount of the rental, as defined by the Renter at the time of the confirmation of the booking of the Vehicle plus, if applicable, the costs resulting from a possible modification of the booking, before the pick-up of the Vehicle.
As stipulated in Article 9.4, an amount of 3000 (three thousand) euros will be charged 4 (four) days before the start of the rental as a security deposit, which will serve as a deductible in case of damage(s) suffered by the Vehicle, not covered by the underwritten insurance contract, recorded during the inventory, and/or charges to be invoiced by the Renter and not paid by the Client. This security deposit will be refunded 7 days after the check-out, in whole or in part if additional costs are found (damage, extra fuel, additional mileage, etc.).
6.2.3 MEANS OF PAYMENT
The Renter accepts as means of payment the payments by credit/credit card: Visa, Eurocard, Mastercard, American express and the payment by bank transfers. Cards issued by banks domiciled outside France must be international bank cards. Any other means of payment will be refused.
A summary invoice is issued when the Vehicle is returned and can be sent to the Client at his request, as stipulated in article 14.8.
If applicable, a final invoice will be provided to the Client 7 (seven) days after the return of the Vehicle, following the detailed inventory of the Vehicle and including the amount of any tickets and the costs of the reservation, as stipulated in article 4.
6.2.5 LATE PAYMENT
If the payment of the invoice is not received within 48 hours of the due date, the remaining amounts due shall automatically bear interest at a rate equal to one and a half times the legal interest rate. Legal collection costs are the responsibility of the debtor.
In addition, after formal notice by registered letter with no effect within forty-eight hours, the Client undertakes to pay as compensation, in accordance with the provisions of Article 1231-5 of the Civil Code, an increase equal to 15% of the principal amount outstanding.
- MODIFICATION OF THE RENTAL CONTRACT
7.1 MODIFICATION BY THE CLIENT
7.1.1 MODIFICATION BEFORE TAKING OVER THE VEHICLE
To the extent possible, the Renter shall endeavor to satisfy the modification requests made by the Client before taking charge of the Vehicle.
If the change request relates to the extension of the rental period and/or the addition of options, the Renter shall invoice the Client for the additional amounts in accordance with the Renter’s financial terms.
If the change request relates to the reduction of the duration of the rental and/or the cancellation of one or more subscribed options, the change shall be treated in accordance with the provisions of these conditions relating to the cancellation.
In all cases, the modifications requested by the Client must be expressly confirmed by the Renter.
The Renter’s agreement is formalized by sending the Client a confirmation of the reservation by e-mail, under the same conditions as those referred to in article 5.5.
The confirmation of the booking then sent by the Renter in this context cancels and replaces the confirmation of the booking sent previously to the Client at the end of article 5.5.
In case of refusal by the Renter, no confirmation of the reservation is sent to the Client, only the previous one being authentic.
7.1.2 MODIFICATION DURING THE RENTAL PERIOD (AFTER TAKING OVER THE VEHICLE)
Requests for changes made during the rental period may only relate to the extension of the rental period.
This request will only be considered accepted by the Renter after sending to the Client a confirmation of order modification, under the same conditions as those referred to in article 5.5.
In case of refusal by the Renter, no confirmation is sent to the Client, only the previous one being authentic.
It is specified that in the event that the Client makes the early return of the Vehicle (corresponding to a decrease in the rental period), he will not be entitled to any refund, which he expressly acknowledges and accepts.
7.2 CHANGE BY THE RENTER
If the Renter is required to modify the reservation made by the Client according to the terms defined in article 5.2, the Renter undertakes to inform the Client immediately and to adjust the price of the rental.
In no case may such modification justify the total cancellation of the Client’s reservation.
- CANCELLATION OF THE LEASE
8.1 CANCELLATION BY THE CLIENT
Any request for cancellation must be made by email at :
A 50% refund will be made if the cancellation occurs more than 15 days before the start of the trip.
After this time, the total price of the reservation will be due.
Failure to present the Client or the Driver on the day the Vehicle is scheduled to be picked up shall result in the total price of the reservation being chargeable by the Renter.
Any rental day not consumed by the Client by itself, is never refunded when it has been subscribed.
8.2 CANCELLATION BY THE RENTER
If the security deposit is still unpaid by the Client on the very first day of the rental, the Renter has the obligation to cancel the reservation. The total price of the reservation will be due by the Client.
If the Renter cancels the reservation made by the Client, the Client will be offered the same rental on another date. In case of refusal of the Client, the latter may obtain the refund of all sums already paid to the Renter.
Modifications/cancellations of the customer’s train or plane tickets resulting from a cancellation of the rental or following a breakdown or accident are not covered by our insurance all risks, assistance or deductible reduction.
If this cancellation is due to a case of force majeure (as described in article 16 of these CGL), the Client may not claim any compensation in addition to the reimbursement of the rental.
9.1DATE AND PLACE OF DELIVERY OF THE VEHICLE
The date and place of delivery of the Vehicle are those indicated on the booking confirmation issued by the Renter. The Vehicle is made available from 3 pm, except in the case where the Client subscribes the «early check-in» option or in the case of promotional or packaged offers for which the timetables will be specified on the booking confirmation. The Client can request more information by using the «reply» button on the quote or reservation sent by email.
However, if the Client has subscribed to the «Pick-up/Drop-off» option (Vehicle Drop-off and Pick-up), at the time of the validation of the Vehicle’s reservation and after confirmation by the Renter, the Vehicle may be made available at a time and place agreed between the Parties, as indicated in the booking confirmation.
A surcharge will then be charged to the Client. The rate of the surcharge varies according to the place where the Vehicle is available. If the option to take over the vehicle would give the Renter a delay in making the vehicle available in excess of the late check-out conditions, an additional day would be counted to the Client in addition to the option to take over the vehicle.
9.2 VEHICLE HANDLING
At the time of its takeover, a visit to the Vehicle is carried out at the end of which the Parties establish contradictorily an inventory of the «Departure» of the Vehicle (inside and outside) and of the equipment.
The signature thus affixed attests to:
- that the Vehicle and the equipment provided comply with the reservation made, in good working order and presentation,
- the date, time and place of pick-up of the Vehicle
- the completeness of equipment and accessories,
- the level of fuel available,
- the number of kilometers travelled by the Vehicle when it was picked
As a result, the Client acknowledges and accepts that the signed «Departure» statement is the «Vehicle Pick-up Report».
In the event of any reservations regarding the condition of the Vehicle or the equipment supplied, these must be recorded in writing, jointly by the Renter and the Client (or the Driver).
Failing this, the Client will not be able to avail himself of it at the time of the return of the Vehicle.
The fact that the Client (or the Driver) takes delivery of the Vehicle systematically entails the transfer of legal custody of the Vehicle.
In case the Client takes delivery of the Vehicle without signing the inventory:
- the Vehicle is considered to be in conformity with the confirmation of the reservation made by the Renter, since the Client can no longer subsequently refer to the non-compliance of the Vehicle to call into question all or part of the Rental Agreement,
- the date and time chosen for the transfer of legal custody of the Vehicle are those contained in the confirmation of the reservation issued by the Renter, unless proven otherwise by the
In the event of unavailability of the Vehicle (in particular due to breakdown, accident or delay of the previous Client), the Renter undertakes to return all payments to the Client. However, if the Renter is able to supply a vehicle of the same range, but of different decoration than that requested, this cannot constitute a reason for cancellation by the Client.
If the Client accepts the replacement vehicle and/or, if applicable, the delay, the Renter shall adjust the rental price according to the new Vehicle and its equipment (in the sense of a price reduction only) and according to the new rental period.
In the event that no alternative solution is found by the Renter, the rental will be cancelled, and all sums paid by the Client will be returned in full.
Under no circumstances may the Client claim damages to cover in particular:
- the inability of the Renter to insure the rental over the expected period,
- the delay in delivery of the Vehicle,
- the replacement of the Reserved Vehicle with a replacement
9.3 PARTS TO BE PRODUCED
When taking over the Vehicle, the Client (or the Driver if different from the Client or the Drivers if there are more than one) must present the following documents to the Renter:
- valid identity document (National Identity Card or Passport),
- a copy of the driving license for each driver, valid in accordance with the provisions of Article 1.
Failure to present one of these documents will be considered as a cancellation of the reservation by the Client, resulting in the consequences recalled in article 8.1.
9.4 SECURITY DEPOSIT
A security deposit of €3000 (three thousand) euros will be taken from the site. This security deposit is intended to guarantee the Renter:
- the financial liability that the Client may be liable for in the event of damage(s) suffered by the Vehicle, and not covered by the underwritten insurance contract, or in the event of theft,
- other charges invoiced by the Renter not paid by the
The security deposit cannot be used in any case for an extension of the lease.
In the event that the sums remaining at the expense of the Renter, as a result of the Client’s actions, exceed the amount of this security deposit, the Client must pay the payment immediately or failing immediate costing, as soon as any proof is produced, by any means convenient to the Renter.
In the event of an accident or a collision with a finding of accident, the security deposit will be kept by the Renter in full, until receipt of the insurance letter indicating whether the Client is liable or not, or until receipt of the repair estimates for the Vehicle.
The Renter reserves the right to keep the security deposit for a period of 7 (seven) days following the return of the Vehicle, in order to cover any damage to the Vehicle and any tickets that were not reported at the time of its return.
This period may be extended until the Client pays the following fees in full:
- Vehicle rehabilitation costs,
- late penalties in case of late return of the Vehicle,
- mileage overrun
In the case of restoration costs noted during the return of the Vehicle, the Client authorises the Renter to immediately debit all or part of the security deposit:
- in case of fuel shortage,
- for exceptional cleaning costs,
- penalties for delay in returning the Vehicle,
- as a result of property damage during the
If such damage requires an expert opinion from a repairer or body shop, an invoice will be drawn up and sent to the Client after the date of return. This invoice will give rise to either an additional payment by the Client, or a refund from the Renter in the event of an overpayment.
In the event of a dispute between the Parties, the Renter reserves the right to keep the security deposit until the full resolution of the claim.
9.5 OTHER DRIVERS
In the event of damage caused to the Vehicle during its driving by a driver not indicated at the time of booking or taking charge of the Vehicle, it shall be the responsibility of the Client to compensate the Renter for all damage attributable to the driver suffered by the Renter (in particular, the damage suffered by the Vehicle, plus the costs and expenses related to the immobilization of the Vehicle).
10.USE OF THE VEHICLE
10.1 VEHICLE OPERATION / MAINTENANCE
The Client acknowledges having received from the Renter the manuals and/or guides issued by the manufacturer of the Vehicle and relating to the use and maintenance of the Vehicle. He undertakes to comply with the standards prescribed therein.
In particular, depending on the number of kilometres travelled, it must carry out the Vehicle’s use checks (such as in particular the oil and water levels and the tyre pressure).
As such, it is its responsibility to react to any signal emitted by the warning lights appearing on the dashboard of the Vehicle and, if necessary, to take all necessary measures, and in any case to inform the Renter as soon as possible.
The Driver (and the Second Driver if applicable) also undertakes to use the Vehicle in normal conditions, as a good father, keeping it in good working order and presentation.
The Vehicle is, unless otherwise agreed, intended to be used only on the tracks (rotabili or not) that are open to traffic at the time of use (the crossing of submerged shelves is prohibited). In no case is the Client allowed to practice off-piste: crossing, river crossing, or even the passage of quagmire.
It is prohibited to participate with the Vehicle in competitions such as rallies, races, speed tests or other. Similarly, it is prohibited to use the vehicle in festival or large event type events in which the vehicle could not be left under sufficient supervision to guarantee its integrity.
It is prohibited to perform any towing with the Vehicle, without the prior written consent of the Renter. The Client shall also refrain from using the Vehicle for testing or testing purposes.
The attachment of the bike carriers is subject to the express prior authorisation of the Renter and can only be carried out by the latter. Their loading is the responsibility of the Client.
In the event of damage, loss of load or accident caused by the loss or stall of load or support, the Renter’s liability may only be sought in the event of proven fault.
Unless expressly agreed, the Client undertakes not to sub-rent the Vehicle, nor to use it for the transport of passengers, goods or for courier activities.
The Driver (and the Second Driver if applicable) must drive with caution and under no circumstances in a state of excessive fatigue. Smoking inside the Vehicle is prohibited. In case of breach of one of these commitments, a cleaning fee of 500 (five hundred) euros will be charged to the Client.
The Client agrees to store in the trunk and in the bike/ski doors his equipment dedicated to sport and the mountain in general. Before driving, the following must be checked before starting the Vehicle, as specified during the handling of the Vehicle and in the tablet present in the Vehicle:
- the awning must be folded up,
- The fold-out roof must be folded up, and properly engaged, with the four safeties engaged
- van cut-off must never be cut
- Indoor temperature must always be above 5°C ( to avoid freezing drinking water circuits)
- the ladder and the canopy arm must be removed and stored in their position,
- the baggage must be properly secured to the rear of the Vehicle, in the position provided in the trunk,
- Electrical step must be stowed
- the back bed must remain unfolded, only sheets and pillows should be left on, no luggage should be placed on it,
- all windows in the passenger compartment must be closed and securely locked,
- the water circulation pump must be turned off
In order to optimise the autonomy and energy consumption of the Vehicle, the Client undertakes to consult the list of items to be switched off or on during driving, parking and before returning the Vehicle, accessible on the Vehicle’s tablet and communicated when the Vehicle is taken in hand.
In case of impossibility to restart due to the weakness of the battery, the Renter cannot be held responsible. The Vehicle must not be in contact with salt water.
The Vehicle, in parking, should be locked, all windows perfectly closed.
The vehicle has a height of approximately 3m high, the Client therefore undertakes to borrow only the car parks, tunnels and highway lanes intended for vehicles of more than 3m height.
The Client agrees that the weight of the Vehicle shall never exceed 3.5 tonnes (the Vehicle weighs 3.1 tonnes unladen) in accordance with article R.312-2 of the French Highway Code. In order to meet this requirement, it is recommended that no more than one piece of baggage per traveller be carried in the Vehicle.
In the event of a check, the Client must always hold the appropriate driving license for the Vehicle and be able to justify it, failing which the Renter declines all responsibility.
10.2 VEHICLE DOCUMENTS AND KEYS
The Client is obliged to keep in good condition the keys of the Vehicle as well as all the onboard documents, such as in particular the copies of the Vehicle’s registration card and the green insurance card. In the event of loss or damage, the Renter shall charge the Client the costs necessary to obtain a duplicate or duplicate of each relevant document.
In case of loss or damage of keys, the Client must make all the necessary steps, at his expense, for the delivery of a double.
In the event of forgetting the keys inside the closed Vehicle, the Client shall be responsible for all costs necessary for the reopening and restoration of the Vehicle.
10.3 EXIT FROM TERRITORY
The Customer is authorized to drive the Vehicle outside the territory of Metropolitan France.
In any case, the Vehicle is only insured for the countries on the green card except for the Russian Federation, Estonia, Latvia, Lithuania, Belarus and Ukraine.
Failing this, the Client remains solely responsible for the consequences that may result, in particular in case of non-compliance with local regulations and undertakes to compensate the Renter for all the damages suffered as a result.
10.4 CLIENT SERVICE
The Renter allows the Client to be advised on the route taken with the Vehicle during the rental.
The information concerning the itinerary is given as a guide, the Renter may not be held responsible for any damage related to the choice of the itinerary taken or linked to a cancelled reservation.
- OWNERSHIP OF THE VEHICLE
11.1 LEGAL CUSTODY OF THE VEHICLE
By taking delivery of the Vehicle, the Client becomes its sole custodian and assumes sole responsibility in accordance with the provisions of Article 1241 of the Civil Code. Therefore, the Client undertakes to make normal use of it.
The following are considered to be abnormal uses of the Vehicle:
- a use of the Vehicle that does not comply with its destination (fuel error, clutch breakage resulting from improper use, poor assessment of the Vehicle’s gauge, in particular),
- modification of the technical characteristics of the Vehicle,
- traffic outside the carriageways,
- driving under the influence of alcohol, narcotics, drugs or narcotics not prescribed medically,
- the use of the Vehicle with an excess of passengers, it being understood that it is necessary to respect the maximum number of four places for the Wild Dreamer and the maximum number of two places for the Night Dreamer, as indicated on the registration (in accordance with the number of seat belts) and on the Site,
- the use of the Vehicle in excess of the maximum weight allowed (3.5 tonnes) and defined on the registration card,
- the subletting of the Vehicle to a third
In general, the Client shall refrain from divesting itself of the Vehicle in any way.
In its capacity as guardian, the Client shall bear the direct or indirect consequences of any event occurring during the rental period, whether or not covered by insurance, involving its liability towards third parties and/or immobilizing the Vehicle.
Its responsibility shall also extend to the consequences of events which occurred during the rental period but whose damage would not be revealed until after the return of the Vehicle to the Renter.
SEIZURES AND ACTIONS OF THIRD PARTIES
11.2 The Vehicle remains the exclusive property of the Renter.
The Client does not acquire any right of ownership over any part, accessories, equipment and fittings of the Vehicle.
If necessary, the Client undertakes to enforce this right of ownership by third parties, in all circumstances, by any legal means and at its exclusive expense.
Thus, in the event of seizure, attempted seizure, requisition or confiscation of a Vehicle (including impoundment), the Client shall:
- to inform the Renter thereof, without delay,
- to raise any protest and to take all measures to make known the right of ownership of the Renter,
- to obtain at its own expense the release of any seizure, without prejudice to the claim action reserved to the
12.1 ALL RISK INSURANCE
The Rental Vehicles are insured in all damages. A deductible of €3,000 (three thousand euros) is applicable.
It is applicable following an accident in which the insured is responsible or when the responsible third party has not been identified.
If the insured is involved in an accident for which he/she is not responsible, the deductible does not apply. In the case of a jointly responsible accident, the amount of the deductible is divided by two.
A copy of the General Conditions and Special Conditions of the insurance contract may be given to the Client at his request.
The guarantees shall apply under the conditions laid down in the said insurance contract, and in particular to the following risks:
- civil liability
- damage sustained in a collision with a fixed or movable body with a deductible of €3,000 (three thousand euros) including all taxes,
- damage related to a fire, theft, fall of lightning, natural event deductible €3,000 (three thousand euros), or natural disaster legal deductible,
The Vehicle is only insured for the duration of the rental indicated at the time of booking.
After this period and unless the extension of the duration of the rental, is in accordance with the provisions of article 5.1, accepted in writing by the Renter, the Client will remain its own insurer for the damage caused and/or suffered by the Vehicle.
The Rental Vehicles are insured in all damages.
A copy of the General Conditions and Special Conditions of the insurance contract may be given to the Client at his request.
12.2 DEDUCTIBLE REDUCTION INSURANCE
The deductible reduction insurance is not always proposed as an option by intermediary rental websites.
When the option “deductible reduction insurance” is proposed at your booking, you can take this insurance for
€30/day. The deductible in case of a responsible accident will be reduced to €500.
This insurance is only available to tenants aged 23 or older.
This insurance is only valid for one claim.
This insurance does not cover:
Accessories that you rent in addition to the vehicle (for example, child seats, tents and sleeping bags etc.) You will be charged for the replacement of these items if they are lost or damaged for any reason.
Removable parts of the vehicle if missing at the time of return, such as keys and key chains, warning vests and triangles, spare wheels, tire tools and inflation devices, first aid boxes, fire extinguishers, etc. Replacement of these items will be charged unless the vehicle was involved in an accident or theft by a third party.
Please note that your liability for damage or loss of the vehicle will not be waived or reduced in the following circumstances and you will remain liable for all loss and/or damage:
when you or the licensed driver do not meet your obligations under the rental agreement
if the loss or damage is intentionally caused;
if the driver has not been authorized by Øberdream as a primary or additional driver; or if the primary or additional driver is negligent (for example, failure to assess vehicle height, driving on unsuitable pavement, improper use of the vehicle, contributing to damage/theft of the vehicle) including but not limited to the following circumstances:
-Hitting objects high or overhanging;
-Drive in a barrier that is too low for the vehicle to pass under;
-Hitting a barrier in a parking lot before it fully opens;
-Driving without caution on a road in poor condition, resulting in damage to the chassis;
-Driving on a beach causing damage by salt water and/or sand;
-Driving on flooded roads causing engine damage;
-Putting bad fuel in the vehicle or otherwise contaminating the fuel;
-Damage resulting from ignorance of a light;
-Burning a clutch (which requires persistent misuse) or using the hand brake incorrectly;
-Wheel rim damage caused by driving with a flat tire;
-Installation of unauthorized items inside or outside the vehicle;
-Transporting particularly dirty or smelly materials that require additional cleaning costs or that damage or burn the interior;
-Damage resulting from locking keys in the vehicle or loss of keys;
-Damage resulting from leaving windows open;
-Loss of vehicle when unable to return key.
-Loss, damage or expense incurred when a vehicle cannot be unlocked due to a critical low battery level.
12.3 ASSISTANCE 24H24- 7J/7
For vehicles and persons transported in the event of mechanical failure, accident, theft, fire and serious bodily harm in Europe. Coverage:
- towing costs to the nearest brand garage up to the limit of 300€,
- in case of waiting for repair: the cover of hotel costs and breakfast up to 80 euros per night (1 night in France and 3 nights maximum abroad)
- Return travel of the customer and drivers to the Øberdream Vehicle pick-up location by all means for metropolitan Clients (rental vehicle, train or plane economy class, taxi over a distance of 100 km),
- and, if applicable, the costs of repatriating the Vehicle
This assistance is valid in all countries referred to in Article 10.3, within which the Vehicle is authorised to operate. All assistance costs that could be incurred without third parties following an incident that is the responsibility of the Client will be entirely at its expense (entangle- ment, silting, etc.).
Modifications/cancellations of the customer’s train or plane tickets resulting from a cancellation following a breakdown or accident are not covered by this insurance.
12.4 INTERIOR DAMAGE
If the Client is responsible for any damage to the interior of the vehicle, the Client’s responsibility remains and requires payment of the repairs and any other amounts arising.
The vehicle and all accessories made available to the Client must be returned in the same condition as they were when the vehicle was handed over at the time of pick-up. Loss or damage, even partial, to the vehicle or accessories obliges the Client to pay the full amount of the repairs, subject to a damage estimate or repair invoice (depending on the type of repair). Liability is assessed via the rental agreement and/or any other relevant evidence (report, eyewitness, third party).
By this agreement, the Renter authorizes the Renter to deduct the sums due for the damage from the said deposit.
Similarly, the following are not covered:
- Any damage caused to the Furniture of the Leisure Vehicle while it is in motion,
- Any damage to the Leisure Vehicle’s furniture caused by a natural disaster,
- Any damage caused by fire or explosion,
- Loss, theft or damage to any personal effects belonging to or brought by the Hirer or an Occupier,
- Loss, theft or damage caused by any person other than the Tenant or an Occupier with whom You share the booking,
- The consequences of theft, fraud or breach of trust,
- Cleaning Charges,
- Any damage caused to the Furniture of the Leisure Vehicle by pets owned or kept by the Hirer or an Occupier,
- Epidemics or infectious diseases of sudden onset and diseases caused by pollution or contamination of the atmosphere.
The obligations of the Tenant and the Occupants are as follows:
In the event of damage, the Client and/or Occupants shall take all reasonable and necessary steps to protect the contents and Furniture of the Leisure Vehicle and to avoid further damage or aggravation of the damage,
At the end of the hire period, before leaving the Leisure Vehicle, the Client and/or Occupants must report any damage to the contents and Furniture to the Landlord and/or his representative and detail it in writing together with all necessary documents such as the Hire Agreement and/or its reference, the police report and an estimate of the damage.
12.5 OBLIGATIONS IN CASE OF DAMAGE
Obligations in the event of a disaster The Client undertakes to:
- report immediately to the Renter (+336 87 21 62 04) and to the Motorhome Assistance Service (emergency number +331 55 92 23 22) and to the police authorities any accident, theft or fire, even partial,
- send the statement directly to the insurer whose contact details are provided in the Vehicle’s user manual, within 72 hours of the accident and send a copy to the Renter, at the address at the top of this letter,
- include in its declaration the circumstances, date, place and time of the accident, the name and address of the witnesses, the number of the third-party car engaged, the name of its insurance company and its insurance policy number, preferably it is desirable to use a European friendly observation
- attach to this declaration any police, gendarmerie or bailiff’s report, if it has been drawn up,
- do not discuss liability in any way, nor deal with or deal with third parties to the accident,
- transmit to the Renter the notices, letters, summons, summons, extrajudicial documents and all the procedural documents to which it would have been the
In case of theft, attempted theft and vandalism, the Client must make the declaration to the local police or gendarmerie authorities within 48 hours and must file a complaint.
The Client must send the Renter the original of the complaint and keep a copy. He must as soon as possible give the Renter
all the documents of the Vehicle and the keys.
In the event of non-compliance with these obligations, the Client will be fully liable, the Renter reserves the right to initiate proceedings against him.
The Renter reserves the right to use its insurance to cover a claim or not.
The main exclusions are:
- the legal exclusions, namely the damage that has occurred (i) when the Driver is not of the required age or does not have a valid driving license, (ii) during tests, races, competitions (or their tests) subject to authorization by the Renter, (iii) suffered by passengers not being trans- ported under sufficient conditions of safety,
- the driver’s intentional act,
- damage caused intentionally by tenants,
- All tenant property and belongings are not covered regardless of damage.
All costs incurred for the repairs in question will be borne by the Client, including in the event of a Franchise Redemption. Without the agreement of the Renter
12.6 FORFEITURE OF SECURITY
The Client shall immediately lose the benefit of all insurance or guarantees in the event of:
- non-compliance with the provisions contained herein,
- fraud: misrepresentation, attempted fraud, serious traffic violation or other intentional
12.7 CLIENT RESPONSIBILITY
The Client shall be liable for any damage and costs suffered by the Renter in the event of loss, damage or theft which the Vehicle, its equipment, or its accessories may be subject to during the rental period, and which would not be covered by the underwritten insurance and whose terms are recalled in Article 12 of these CGL.
In the event of a responsible accident, during which the Vehicle is seriously damaged or immobilized more than 3 (three) days,
the Renter reserves the right to terminate the rental without refund or compensation for the remaining days of rental.
In the event of damage to the Vehicle resulting in an immobilization at a garage, the Renter shall charge the duration of the immobilization during the rental day according to the tariff in force at the time of completion of the work.
An application fee will also be charged up to 15% of the TTC amount of repairs.
In case of theft of the Vehicle or damage caused to it by the fault of the Client, or in the absence of an identified third party, the Client must compensate the Renter to the extent of the damage actually suffered (estimated amount per repair estimate, market value of the Vehicle, capital costs, file costs, etc.) as long as the insurance purchased is not intended to be implemented.
At the end of the rental, in case of damage or theft, an amount equivalent to the security deposit will be charged to the Client.
If the amount of the damage remaining at the expense of the Client exceeds this amount, an invoice for the difference will be sent to the Client, payable immediately.
If the Client charges its own insurance to cover its liability in case of loss or damage caused to the Vehicle, expressly
authorizes the Renter to negotiate and enter into any amicable agreement for compensation directly with its insurer and agrees that any amount paid in respect of such loss or damage shall be paid directly to the Renter.
13 TRAFFIC VIOLATIONS
Under Article L.121-2 of the French Highway Traffic Code, the Driver of the Vehicle is personally responsible for all fines and tickets relating to offences and violations of the European Highway Traffic Code (parking violations, payment of tolls, overload of the Vehicle in particular).
Tickets will be paid directly to the local authorities by the Driver of the Vehicle.
In the absence of direct and immediate payment, and, in the event that the Renter receives a notice of increased fine, it will communicate to the competent authorities the identity and contact details of the Client.
Furthermore, the Client shall be liable to the Renter for the flat-rate sum of 20 euros including taxes (including 20 euros)
per contravention, as management fees.
- RETURN OF THE VEHICLE
The return is understood for any Rental Agreement which has expired for any reason whatsoever.
14.1 DATE, PLACE AND TIMES OF RETURN
The return of the Vehicle is made, under the responsibility and at the expense of the Client, at the place, time and date agreed upon
at the time of booking.
However, if the Client has subscribed for the «Pick-up/Drop-off» option (Vehicle Drop-off) when booking the Vehicle and after confirmation by the Renter, the refund may take place at a time and place agreed between the Parties and included in the booking confirmation.
If the Client subscribes to the «late return» option, it will be possible for him, within the limits of the availability and constraints of his trip and the following rentals, to return the Vehicle after 11 am, it being understood that the time limit of return may not exceed 2pm (which will require billing for a late return). After this hour, an additional night will be charged, unless expressly agreed by the Renter.
In case of delay, the Client agrees to inform the Renter immediately. Special cases of refunds authorised outside the opening hours of the premises:
In the event that a “Late Return” has been expressly authorized by the Renter, the Client will be charged a fee of 50 (fifty) euros including all taxes.
14.2 CONDITION OF VEHICLE
The Vehicle must be returned to the state it was in when it was taken over by the Client. A contradictory check of the apparent, internal and external condition of the Vehicle will be carried out («Return» inventory), and a comparison to that indicated in the «Departure» inventory at the time of the Vehicle’s takeover.
A “return” statement will be signed by the Parties. If the apparent condition of the Vehicle upon return differs from that established at the time of pick-up, the Renter shall invoice the Client for the damage found.
In the event that the Vehicle is not returned in perfect state of cleanliness (inside and outside) the Client will be charged a flat-rate penalty of 250 € TTC (two hundred and fifty euros all taxes included) corresponding to the cleaning costs.
In addition, toilets rendered not emptied/ not cleaned will result in a billing amount of 500 euros TTC (five hundred euros all taxes included). The Renter reserves the right, after restitution, to have the Vehicle examined by an expert. In this case, the expert’s report shall be binding between the Parties, except in the case of a duly notified counter-report to the Renter within 7 (seven) days of receipt of the expert’s report by the Renter.
The Client is systematically responsible for the costs of the expert reports.
If an anomaly is found within 15 days following the date of return of the Vehicle, the Client’s liability may be sought by the Renter.
14.3 EQUIPMENT / ACCESSORIES
The Renter shall invoice the Client, as a penalty, for any equipment or accessories that are broken, lost and/or not replaced.
The Vehicle made available to the Client must be returned with the same fuel level.
Failing this, the Renter will charge the Client the price of the missing fuel, at the rate in force on the day of the refund, plus a fixed amount of 20,00 € TTC (twenty euros all taxes included) corresponding to the services related to the filling of the tank carried out by the Renter.
In order to determine the cost of the missing fuel, the Renter will evaluate the fuel consumed during the rental, based on the fuel gauge and report it to the Vehicle’s tank capacity (based on the vehicle manufacturer’s data).
The Vehicle is made available to the Client with tyres whose condition and number comply with the regulations in force.
In the event of a puncture: the Client is responsible for the costs of replacing the damaged tyre.
In the event of a tyre blowout: If a tyre blowout is not the result of an incident attributable to the Client’s misuse (such as impact with a stationary body), the Renter remains liable.
In the event of damage to one of them due to a cause other than normal wear and tear or a hidden defect, the Renter may, in the event that the Client has not replaced it at his expense by a tyre of the same size, type and brand, invoice the Client.
Only towing costs and labor for tire replacement or repair are covered by our all riks insurance and Road assistance.
The insurances will pay for the cost of the breakdown service or towing as provided above, up to a maximum of EUR 300..
14.6 RETRIEVAL OF ON-BOARD DOCUMENTS
The Client must return to the Renter all the documents made available to him at the time of taking charge of the Vehicle
(registration card, green insurance card, maintenance manuals, etc.).
In the absence of any return and/or in the event of non-replacement of the said documents, the Renter shall charge the Client
a flat rate of €40.00 TTC (forty euros including all taxes) for the purpose of obtaining duplicates and/or replacement documents.
Is included a 200 kilometre mileage package, in standard mileage, per rental day.
A reading of the odometer of the Vehicle indicated on the «Return» inventory will be carried out, which will then be compared with that recorded at the time of pick-up of the Vehicle and recorded in the «Departure» inventory.
In the event of exceeding the mileage charge, if the Client has not subscribed to the unlimited mileage option,
the Renter shall charge the Client on the basis of €0.30 (including all taxes) per additional kilometer.
In the event of a malfunction of the Vehicle’s odometer, due to the Client’s fraudulent actions, the Renter shall charge the Client on the basis of 400 (four hundred) kilometres per day.
If applicable, the Renter shall invoice the Client (or the Driver of the Vehicle), when returning the Vehicle, for all the elements referred to in articles 13.1 to 14.7.
This amount is paid immediately by the Client.
If an expertise is required for the return of the Vehicle, the Renter will have an additional period of one month (30 calendar days) to draw up the invoice.
The subscription of the Rental Agreement may involve the provision by the Client of personal data (hereinafter the «Personal Data»). The Renter acknowledges the importance of ensuring the protection and security of Personal Data and undertakes to process them in accor dance with the applicable regulations, namely Law No. 78-17 of 6 January 1978, as amended, known as the “Data Protection and Freedoms Act” and Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 25 April 2016, known as “GDPR” (hereinafter the “Applicable Regulation”).
The Personal Data that may be collected are the surname, first name, telephone number, dates of birth, postal and electronic address as well as all information displayed on the driver’s license (and possibly the Additional Driver).
The Personal Data are intended for the commercial services of the Renter, to enable them to validate and execute the orders, as well as to send information and/or offers.
The Renter undertakes to process the Personal Data only for the aforementioned purposes, to the exclusion of any other purpose. In particular, the Renter does not market or rent Personal Data to Third Parties without the Client’s permission.
The Personal Data are kept for a period of 3 years from the end of the commercial relationship between the Client and the Renter.
The Renter shall implement appropriate technical and organizational measures to ensure the protection of Personal Data and to provide the necessary guarantees for their processing, in accordance with the requirements of the GDPR.
If applicable, the Renter undertakes to use sub-Contractors with sufficient guarantees regarding the implementation of appropriate technical and organizational measures to ensure that the processing of personal data meets the requirements of the GDPR.
In particular, the Renter imposes on its subcontractors the same obligations and the same level of requirement as that to which it is subject in the context of the processing of personal data.
In accordance with the Applicable Regulations, the Client has a right of access, rectification and erasure of his Personal Data. In certain circumstances, it also has the right to object to the processing of its Personal Data for reasons relating to its particular situation, as well as the right to request the limitation of the processing carried out by the Renter.
Société CAPSULES, 54 Rue Lemercier – 75017 Paris.
The Renter undertakes to process all requests as soon as possible.
The Client also has the right to lodge a complaint with the Commission National de l’Informatique et des Libertés (CNIL).
- FORCE MAJEURE
The Renter reserves the right to cancel, without financial prejudice for him, any reservation if events of force majeure or accidental cases compelled him to do so, as defined by article 1218 of the Civil Code and which covers in particular: strike, fire, water damage, no access, decisions by authorities, tropical storm cyclone, vehicle involved or broken down, etc.
The Renter shall not be liable for any loss or damage caused to property or persons by a Vehicle under the legal custody of the Client, except in the case of negligence or gross negligence on the part of the Renter.
The Renter shall under no circumstances be liable for any indirect damage such as a train, a boat or a missed plane.
The Renter may under no circumstances be held liable to the Client or the Driver in the event of loss or damage to personal property left on board the Vehicle during the term of the Rental Agreement.
- APPLICABLE LAW – LITIGATION
The Lease Agreement is subject, both for its interpretation and for its implementation, to French law.
Any difficulties or disputes relating to the interpretation or performance of the Rental Agreement, even in the event of multiple defendants or a guarantee appeal, shall be brought before the competent courts.