Rental agreement between individuals

The renter is obliged to print out the insurance certificate and to read it before the rental. The rental agreement must be signed on the day of departure in the presence of both parties, either from the owner's mobile application or in a paper form available on the renter's and owner's profile. On the paper contract, in case the language of expression is not common between the owner and the renter, the parties have the responsibility to understand the content before signing it. Yescapa can provide support for the understanding between the parties during the opening hours of the service.

The digital contract is available on the owner's mobile application in their language and the paper contract via the Yescapa user account in the language chosen by the user for the site. Please note that if the rental takes place in Portugal, the tenant must take a rental contract in Portuguese by legal obligation. The rental contract must be completed on the day of departure and return.

The renter has the right to refuse the rental if the main characteristics of the vehicle do not comply with the description of the advertisement proposed on the Yescapa platform. The vehicle must match the interior/exterior photographs on the Yescapa website. In case of a dispute, the renter must provide proof of non-compliance of the vehicle (photographs, videos ...). The renter must ensure the proper operation of the vehicle and all its equipment during the state of places of departure. By taking possession of the vehicle, the renter starts the rental and can not claim a reimbursement or commercial gesture from Yescapa concerning the condition of the vehicle.

The renter must ensure that the vehicle is locked when they depart. They must not leave valuables in full view and must take all necessary measures to prevent theft of equipment in the vehicle. Neither the owner nor Yescapa can be held responsible for any theft, loss or damage of the property belonging to the renter and the passengers. In the event of an attempted break-in or theft, and without any identified or identifiable third party, all damage resulting from the break-in or theft will be the responsibility of the renter.

In the event of an accident and / or damage to the vehicle (inside and / or outside), the renter agrees to notify the owner and the company Yescapa immediately and without delay by phone call and / or e-mail.

The renter must inform the owner and Yescapa by telephone and/or email of any maintenance or repair work carried out on the vehicle. The invoice can be paid for by the renter in order to continue the rental. The cost of the repairs will remain at the expense of the liable party depending on the cause of the incident.

The driver(s) designated by this rental contract must hold a category B driving licence for driving a vehicle with a gross vehicle weight less than or equal to 3.5 tonnes. They must imperatively respect the minimum age and number of years they have had their licence for, required by the insurance applicable to the rental or, failing that, required by the owner in their advertisement.

The renter undertakes to maintain the vehicle in a prudent and diligent manner and with the same precautions as if it were their own vehicle, to carry out all the checks made obligatory by the present circumstances. The renter is required to perform regular maintenance of the vehicle during the entire period of the contract and as long as they are in possession of the vehicle.

The renter shall bear all the costs of repairing the vehicle made necessary, or insurance deductible applicable, as a result of damage resulting from their personal use or from third parties to the rental contract or from any damage caused by an unidentified third party.

The renter undertakes to return the vehicle in perfect working order and with a full tank of fuel. If a cleaning fee is included in the rental price, the renter is not obliged to clean the entire interior and exterior of the vehicle. Only the toilet cassette and dirty water must be emptied. If the cleaning fee was not included, the renter must return it having cleaned the interior and exterior of the vehicle as well as the toilet cassette and emptied the dirty water. These conditions must be at least similar to those in which the vehicle was hired. If the vehicle is not handed back according to those terms, and unless noted otherwise on page 3 of the contract, the owner will be able to request the amount indicated in the table below:

These penalties can be accumulated depending on the condition of the vehicle compared to the way it was rated on the inventory of departure. Additionally, if the renter breaks one of the rules set by the owner in their listing, they are also liable for the following penalties:

If, however, the state of uncleanliness of the vehicle requires the intervention of a professional cleaner, this service must first be approved by Yescapa on presentation of photos taken during the inventory of fixtures on return and in the presence of the renter. If the need for the service is approved by Yescapa, it may be carried out at the renter's expense upon presentation of an invoice. This service cannot be added to any of the penalties described above. In the absence of approval for professional cleaning, the owner will be limited to the cleaning penalties specified in this clause. If the cleaning costs have already been paid by the renter at the time of booking, no additional penalties may be applied without the approval of Yescapa. If a cleaning package was included in the reservation and the intervention of a professional is validated by Yescapa, the difference between the amount of the cleaning package and the actual cost of the service will be the exclusive responsibility of the renter.

The different amounts due to the owner, will have to be paid upon the return of the vehicle, as a part of the vehicle's maintenance costs that the owner may have to incur personally. In case of immobilization of the vehicle obliging the renter to put an end to the hire, if the immobilization is due to misuse or an accident caused by the renter, the owner will be able to take the amount set by the present terms for the cleaning, directly from the security deposit. The security deposit provided as part of the hire may be used to implement such a measure. If the immobilisation of the vehicle results from normal wear and tear or negligence related to irregular maintenance, which is the responsibility of the owner, the latter may not claim compensation for cleaning of the interior or the exterior, nor retain any amount whatsoever, as the renter was not able to perform cleaning in optimal conditions following an immobilisation.

The renter may only abandon the rental in the event of a decision by the assistance company following a breakdown of the vehicle. If the renter abandons the vehicle for any other reason, the renter automatically loses the right to reimbursement of the security deposit, is financially responsible for the repatriation of the vehicle to the owner's home and for any damage caused to the vehicle until the vehicle is repatriated to the owner's home.

The use of the vehicle for the entire duration of the rental period is only permitted in the countries indicated at the time of the application. In the event that the renter fails to comply with the restrictions indicated by the owner in the ad, the renter shall be liable to a financial penalty of fifty (50) Euros to be deducted from the security deposit by the owner. In case of immobilisation of the vehicle following a breakdown or an incident occurring abroad with a vehicle whose rules of life on board stipulate that travel abroad is prohibited and unless written agreement from the owner to travel to a foreign territory, the renter is exposed to assume additional costs for the repatriation of the vehicle. The same applies if the country or countries visited are not declared at the time of the reservation request.

In the event that the vehicle shows cosmetic damage of an aesthetic nature (see table below) which occurred during the hire, the owner must choose to repair rather than to replace the damaged part, of which the costs will be covered by the renter. Cosmetic damage of an aesthetic nature is considered to be damage to the interior of the vehicle, not covered by the rental insurance, such as the following:

Where the repair of superficial damage of an aesthetic nature is impossible, the renter is obliged to compensate the owner. The amount of compensation will be determined according to the size of the damage and the original price of the item:

• if the item is of a value of £50 or less: the renter must replace the item or leave a sum equivalent to the price of a replacement item, on presentation of proof of purchase.
• If the value of the property is greater than £50: Yescapa will arbitrate between the parties based on criteria such as: the size of the damage in relation to the damaged surface, the functionality of the damaged property, the initial value of the damaged property. These criteria are not exhaustive and will be established and communicated by Yescapa on a case by case basis. Any compensation for aesthetic damage to be paid by the renter may not exceed £150. Once the arbitration relating to the aesthetic damage has been pronounced, the parties are obliged to respect the decision and the deadlines communicated.

In the event that cosmetic damage turns out to be hidden damage, i.e. the part has been "covered up" to hide the damage, the renter will be held responsible and must cover the costs for repairs.

The renter can not make any modifications or irreversible adjustments, both inside and out on the vehicle, without the prior and express agreement of the owner. The renter must check the levels of the various fluids of the vehicle: engine oil, water, sewage, steering fluid, windshield washer and engine coolant. As soon as necessary, the renter must keep these levels adequately refilled during the rental.

The renter must regularly check the tire pressure of the vehicle. As soon as it is necessary, the renter must inflate the tires to the pressure levels indicated on the vehicle's operation and maintenance manual supplied by the manufacturer. This document must be given to the renter when they take possession of the vehicle.

The renter must replace any vehicle equipment that has been used or damaged during the rental period including wipers, toilet paper or light bulbs. The renter is liable for any damage caused by their own negligence or that of third parties during the rental period of the vehicle. The renter is solely responsible for any damage resulting from filling the tank with unsuitable fuel, accidentally filling the fuel tank with water, or filling the water tank with fuel. The renter is obliged to keep the receipt of the last fill-up for presentation at the time of the return inspection. In the event of the presence of inappropriate fuel in the vehicle, the renter must present proof that the correct fuel was deposited at the last fill-up. If this is not done, the renter will be deemed responsible and will have to pay for the cleaning and any damage resulting from the incorrect fuel.

For all roadside offences detected by the police during the rental period, the renter is legally liable. The renter is fully responsible for penalties (ticket, point penalties...) reported during the effective period of the rental contract with the rented vehicle. Yescapa reserves the right to forward the documents (identity document and driving licence) to the competent authorities for attribution of the ticket to the holder of the rental contract responsible for the infringement, following the presentation of the proof of conviction received by the owner. The renter will be charged 200 EUR per call out (200 GBP in the UK) by Yescapa only if they cause the vehicle to breakdown due to driver misuse.

For any deterioration inside or outside the rented vehicle, a second quote can be requested from owners in order to make a comparison should Yescapa deems it necessary and only if the vehicle can be moved to a second garage.

When the estimate for the repairs is inferior to the excess, the insurance company cannot mandate an expert to assess the vehicle. The same applies to damage not covered by the insurance. In these two cases, the costs for the repairs will be charged to the hirer if he is liable upon presentation of a repair estimate or an invoice.

However, in the event of damage to a vehicle that is more than 15 years old (and where the damaged part has not been replaced in the last 15 years), a depreciation coefficient may be applied to apportion the cost of repairs between the owner of the vehicle and the hirer responsible. The application of the depreciation coefficient makes it possible to apportion the value of the parts needed to repair the vehicle, taking into account their loss of value due to use, age or technical progress. For parts damaged after the fifteenth year, 50% of the total cost of the estimate will be shared between the owner and the lessee, but only if the vehicle has not been inspected. If the damaged part has been replaced within the last 15 years, it is the owner's responsibility to send the supporting invoice at the same time as the estimate so that the depreciation coefficient is not applied.

Furthermore, in the case of damage aggravation, i.e. when the damaged element already had visible damage on the entry inventory and it is impossible to repair said damage resulting in mandatory substitution of the damaged element, a vehicle assessment cannot be conducted if the vehicle had too significant damage before the rental. In the absence of a vehicle assessment, Yescapa reserves the right to study a distribution of the amount to be charged between the owner and the renter, depending on the importance of the initial damage, up to a maximum of 50% between the owner and the renter. In case of insufficient elements (photo, video) to estimate the initial wear, the substitution amount will be the exclusive responsibility of the renter.

For any damage, the repair of the damaged element(s) will always be preferred to the replacement. However, if the damaged element(s) cannot be repaired, they will have to be replaced with new parts.

If the rental is interrupted due to a breakdown or incident for which the responsibility of the renter is engaged or remains to be determined, the renter will not be able to claim a refund of the rental. Furthermore, if the hirer wishes to book a replacement vehicle to continue their trip, the new rental will remain at their expense as well as any amount consequent to this new rental such as the deposit.

The sums consecutive to the journey of repatriation of the vehicle and not taken in charge by the insurance could be claimed with the renter or retained of the deposit under presentation of proof of payment by the owner. In the case where the owner must move to repatriate the vehicle, the expenses related to the way of the return of the vehicle remain with the responsibility of the renter when they are responsible for the origin of the immobilisation of the vehicle.