Rental contract between individuals

To enjoy your trip with complete peace of mind, Yescapa provides a a rental contract that protects both the renter and owner.

Before you set off, you must make sure that you have the signed rental contract with you. The contract secures the rental and contains all the necessary information regarding your booking as well as the inventory of fixtures for the proper handling of a claim in the case of an incident.

This rental contract will be available on your profile once the booking has been confirmed and the required documents have been validated by the Yescapa team.

It will be available at any time on your Account.
There is a PDF version that you can print and a digital version available on the app: please choose the version that suits both the owner and renter before the day of departure, and ensure the inventory of fixtures is filled out on the day of departure.

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Clauses of the motorhome rental contract

In accordance with the article 1713 and the Civil Code, it has been agreed that the owner of the vehicle rents the following vehicle to the renter on a non-professional basis, subject to the price, charges and conditions mentioned above.

The vehicle currently being rented is intended exclusively for private and personal use, as a vehicle for leisure and tourism. Yescapa cannot be held responsible for abusive usage of the vehicle, nor for the consequences resulting from this.

The driver(s) of the vehicle currently being hired, certify that they are in possession of the licence required to drive the hired vehicle, valid, according to its characteristics and GVW (Gross Vehicle Weight). Drivers have to follow the insurance terms for the vehicle they are renting. The insurer is listed on each vehicle listing and the conditions are indicated on the page Motorhome and campervan hire Insurance . The vehicle can only be driven by the driver(s) identified on the rental contract.

The hirer is personally and contractually liable upon signature the rental contract as per Article 9.

The renter may not assign, sublet or lend the hired vehicle to anyone for any reason whatsoever. However, should the vehicle require repairs, the employees of a mechanical garage are authorised to handle the vehicle, provided that the owner has been notified in advance and has given their written consent.

The renter determines their kilometer package when sending their rental request to the owner. This kilometer package is specified during the summary of the request, before payment and appears on the rental contract. The parties accept it contractually at the signing of the contract and cannot contest it later.

The owner is entitled to claim compensation if the kilometer package stipulated in the contract has been exceeded, according to the unit rate stipulated in the advertisement and reflected on the contract. Any agreement between the owner and the renter agreeing to a different kilometer rate must be indicated in writing on the rental contract.
If the kilometer package authorized on the contract has been exceeded, the renter firmly undertakes to pay the difference at the rate stipulated on the rental contract. The sum must be paid, when possible, during the inventory form when the vehicle is returned.

The renter shall not be released from their contractual liability until the vehicle, attached documents and keys have been handed back to the owner, provided that:

  • no fines for any offense during the rental are to be paid by the owner ;
  • no tolls charge dating from the hire have been received by the owner
  • no internal and/or external damage is noted and reported on the inventory return form.

Otherwise, the renter remains liable to the owner and must respect the clauses of the contract, until a solution is brought forward for the incident or the problem(s) declared.
If a fine is received for an infringement during the rental period, the renter is obliged to pay it as soon as the fine is presented.
If the owner receives a toll charge for tolls crossed during a hire, the owner must send proof of said toll charges to Yescapa and Yescapa will request the immediate payment of the said charges from the renter. The renter must pay those charges from the very first request. When it will be possible, the card used for the payment of the hire will be used in order to settle those charges.
If the renter damages the interior and/or exterior of the vehicle, their responsibility remains engaged and requires them to pay the amount for the repairs or the amount of the excess applied.
The vehicle and any accessories made available to the renter must be returned in the condition found when the vehicle is handed over to begin the hire. The loss or the deterioration, even partial, of the vehicle or the accessories obliges the renter to pay the total amount for the repairs, under presentation of a quotation or an invoice (according to the type of repair). Responsibility is engaged via the rental contract for the hire and/or any other relevant element (report, eyewitness, third party). If the deposit is managed by Yescapa as part of the rental, the renter gives Yescapa the authorization to collect the outstanding amount, according to the Terms detailed in article 11.
The return of the hired vehicle must take place in a very well lit place in order to complete the return inventory form in good conditions. This return inventory form must be completed and signed by the same person who handed over the vehicle to the renter and who completed the departure inventory form. All parts and surfaces of the vehicle shall be examined, including the upper parts of the vehicle.

The owner may assign the management of the inventory of fixtures to a third party, provided that it is the same person at the departure and return of the rental. It will be the responsibility of the Owner to pass on the contact details of the person in charge of the inventory of fixtures to the tenants prior to the handover.

Lateness of the owner

The owner undertakes to respect the time agreed upon by both parties for the departure of the vehicle, or if failing this, as specified on the contract and the booking. By default, the vehicle pick-up time is set at 9 am for a morning pick up, on the day of departure and at 2pm for a hire in the afternoon. As for the drop off time, it is fixed, by default, at 12pm for a rental ending in the morning and at 8pm for a rental ending in the evening. These times are given as an indication and apply, unless different times are otherwise agreed between the two parties. These can be flexible by up to 2 hours (give or take).

Lateness of the renter

Unless otherwise agreed in writing by the owner, any delay in the return of the vehicle, by the renter, of over two (2) hours is billed according to the following rules: between 2 to 6 hours of lateness, the owner is entitled to ask the renter for a payment of 10 pounds per hour of delay. Beyond 6 hours, the owner is entitled to ask the renter for the price of an additional day of rental, corresponding to the daily proportional amount calculated on the total remuneration of the owner, plus one hundred percent (100%), two rental days in total.

The total amount of the hire is paid in advance via the Yescapa platform and the owner's fee is paid after the end of the first day of the hire. For all the possible extra options to be paid for, the owner will have to inform the renter beforehand and come to an agreement on the amount which will have to be paid in person before the departure.

The owner must, whenever possible, provide the vehicle with a completely full tank of fuel. Similarly, the renter must return the vehicle with the tank one hundred percent full (100%). Failing this, the renter must return the vehicle with the tank at the same fuel level as when the vehicle was handed over.

If a mechanical incident occurs during the rental period, the renter must immediately notify the owner. It is their responsibility to bring the vehicle to a competent garage, previously designated by the breakdown assistance. Following a diagnostic from the garage, repairs or new parts may be necessary for the vehicle to be operational again. A written agreement in the form of an electronic message sent by email or by text message ("SMS") from the owner must be obtained by the renter before authorizing the garage to begin work on their vehicle. If the owner gives their agreement to carry out the repairs, the renter will then be able to authorize the garage to carry out the repairs. 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.

In the event of an incident or mechanical breakdown that immobilises the vehicle, the renter may leave the vehicle at the garage designated by the breakdown assistance. The assistance will inform the renter about the next steps depending on the situation. In order to determine who is responsable, the renter must wait for the breakdown assistance to arrive to carry out an inventory of fixtures with the mechanic. They must also take several photos of the (inside and outside) to prove the condition of the vehicle before its removal. In the event that the vehicle is repatriated by the assistance, the renter must pay for the missing fuel compared to what was listed on the inventory form filled out before departure. If the owner refuses to carry out the repair or if the mechanical breakdown immobilizes the vehicle within a timeframe longer than that provided for by the applicable assistance, it will then be up to the owner to recover their vehicle from the garage having carried out the necessary repairs. Depending on the insurance provider, the travel costs from their home to the relevant garage may be covered, according to the conditions defined in the applicable assistance contract.

If the immobilization is due to misuse or an accident caused by the renter, the owner will be able to claim the expenses to bring the vehicle back home (way back only), from the security deposit given by the renter. If the cause of the immobilisation undefinable, the return costs will be borne equally by the owner, i.e. 50% for each party of the contract. The security deposit provided as part of the rental may be used to implement such a measure. If the immobilization of the vehicle results from normal wear and tear or from negligence related to regular maintenance, which is the owner's responsibility, the owner must cover the entire return journey as part of the recovery of their vehicle. Concerning the distance of repatriation of the vehicle, all the countries to visit must be mentioned on the rental contract or be the subject of a written agreement with the owner. Otherwise, the renter must refund the owner the full amount of the return trip.

In the event that the mechanical incident is caused by misuse of the renter, a third party or a fixed object and the renter is found responsible, the latter will then be required to pay for all repairs incurred.

If the mechanical incident is due to normal and regular mechanical wear or poor maintenance of the vehicle, the owner will be held responsible and must assume the cost of the repairs. If the renter had to pay this amount, the owner must reimburse it upon presentation of the corresponding invoices. The renter undertakes that such repairs shall be carried out exclusively by a competent garage authorised to carry out the repairs. The renter can be released from their responsibility by providing proof that the mechanical incident(s) occurred during normal use, from regular wear and tear of the mechanics or from bad maintenance of the vehicle by the owner. The culpable party can be determined with a diagnostic report of the vehicle from an accredited engineer.

If it is not possible to determine a culpable party, both the owner and the renter will be held responsible for the cost of the repairs, at a 50/50 ratio.

The owner must hand over a vehicle in perfect working order, driving and cleaning alike, with all levels checked, tyre pressure and a tank full of fuel, gas levels sufficient for the duration of the trip, a clean cassette, grey waters emptied, inside and outside cleaning done and disinfection according to the procedure indicated in the rental contract. By taking the vehicle, the renter implies, unless written otherwise on the rental contract prior to departure, that the vehicle is in perfect working and driving order and that the cleaning is satisfactory.

Both legal parties must complete the rental contract. The inventory of fixtures must be carried out on the day of departure and return. Both parties may write on their copy in their own language: the information described must be the same on both copies. The owner undertakes to check all the important elements of their vehicle such as air conditioning, heating, water heater, fridge, oven, cooking plates (non-exhaustive list) during the inventory of departure as well as the inventory of return and in the presence of the renter. They must particularly note on the rental contract the expiry date of the gas pipes if the vehicle is equipped with them.

The owner undertakes to drive their vehicle and perform some manoeuvres in the presence of the renter in order to detect any possible anomaly (suspicious noise, malfunctioning...), on the day of departure and upon return of the vehicle.

The owner undertakes to rent their vehicle in the best possible state of cleanliness. In the event that the renter does not agree with the state of cleanliness of the vehicle, it is then necessary to indicate this on the departure inventory sheet, in the box intended to this purpose. It is then recommended that the owner takes the time to readjust the condition of their vehicle. If, following this cleaning or proposal of it, the tenant still refuses the vehicle put at disposal, the cleanliness of the vehicle can not be used as a valid reason to cancel the hire and no refund will be possible towards the renter: the owner will receive their remuneration as initially planned. If the owner does not wish to clean their vehicle and the renter refuses to take it, it is up to the renter to provide proof of non-conformity of the state of cleanliness (photographs, videos...): these must be sent to Yescapa as soon as possible by e-mail. The renter must immediately cancel the rental via their Yescapa account before the last hour of the first rental day (theoretical departure day). If Yescapa considers that the vehicle was not in an optimal state of cleanliness, the platform reserves the right to ask the owner for a full refund.

The owner undertakes the responsibility for any repairs to the vehicle not resulting from a misuse by the renter (normal use and driving of the vehicle). In case the renter must pay for the repairs upfront, the owner undertakes to reimburse them upon presentation of supporting invoices, for which the owner will have previously and expressively given their authorization to the renter, in order to proceed with the repairs strictly necessary and strictly required at the time. Such requests and authorisations must be made in writing in the form of an electronic message sent via e-mail or via a text message ("SMS").

In the event of breakdown or breakage of any of the vehicle's equipment resulting from wear and tear of the element and being unrelated to a misuse by the renter, compensation proportional to the damage caused during the rental may be made by the owner. As an indication, please refer to the table below:

Defective elements Gesture
Essential equipment (refrigerator, air conditioning, heating, water pump, bedding, skylights) Rental price for a full day:
Additional equipment (table, awning, car radio, television, crockery) Rental price for half a day:

In the event of damage(s) written in the inventory of fixtures of return but not noted in the inventory of fixtures of departure, the owner must keep the security deposit and record this in the section of the rental contract provided for this purpose. The deposit is not cashed in by the owner until the damage has been estimated and the liable party for the damage caused has been formally established. An amicable resolution is strongly encouraged, but in the absence of agreement between the parties, the owner and the tenant must declare the damage(s) via the form available on their Account within 24 hours following the end of the rental. In the event that the vehicle is damaged prior to the rental, the owner is obliged to inform the next renter in order to agree on a possible financial or other arrangement.

The owner must check the tyres. They must be changed every 5 (five) years. Yescapa asks owners to take photos of each tyre for the first hire of the year. For every incident, the renter must keep the damaged tyre and/or take a photo of the DOT (age of the tyre).

In the event of a puncture: the renter is liable. 75% for the cost of replacing the damaged tyre (damaged tyre and second tyre from the same set) will be charged to the renter. The remaining 25% will be charged to the owner.

In the event of a tyre blow out:

  • Tyres aged more than 5 (five) years: the owner must accept full liability of the damage caused by the burst tyre. If consecutive damage occurs on the vehicle, the excess cannot be asked from the renter. The replacement of both tyres remains at the owner's expense.
  • Tyres aged 5 (five) years and under: if the burst tyre is not the result of an accident linked to the renters driving (impact against a fixed body for example), the owner's liability remains engaged, consequently all the damage resulting from the burst tyre will be at the owner's expense without any amount being requested from the renter.

Yescapa will ask from the owner the following:

  • Rental contract filled in and signed
  • Invoice of the said tyres
  • Photos of the tyres
  • Diagnostic from the garage.

If the claim needs to be opened to the Yescapa insurance (in the event of consecutive damage to the vehicle) and if the elements allow it, an expert will be appointed and asked to determine the cause of the burst tyre, as well as define the liable party (owner or renter).

If no party can be identified as responsible for the burst tyre, Yescapa reserves the right to put in place a shared liability, implying a settlement of up to 50/50 for the owner and the renter.

If the hire must be interrupted due to a breakdown of the vehicle where the renter cannot be held responsible (written diagnostic from a mechanic or breakdown assistance) the owner must reimburse the renter the amount of the days and kilometres non used. The reimbursement must be done directly between both parties. The owner is responsible for this reimbursement. Without this reimbursement done, the renter will be free to take legal action against the owner.

The renter must print the rental contract in their language of use via their Yescapa account so that both parties have the same inventory. Both parties must write in their respective language. They can request help from Yescapa if there is any language issues during our opening hours.

The renter has the right to refuse the rental if the main characteristics of the vehicle do not comply with the description of the listing advertised 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 functioning of the vehicle and all its equipment during the inventory check of departure. By taking possession of the vehicle, the renter starts the rental and can no longer claim a reimbursement from Yescapa in regards to 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 excess 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 in clean condition, with a full fuel tank, having emptied and cleaned the toilet cassette, drained the dirty water, and cleaned the inside and the outside of the vehicle. Such conditions must be at least similar to those under which the vehicle was handed over. 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:

Not cleaned Penalty
Cassette not emptied (toilet) 50 EUR
Clean water tank not filled up 5 EUR
Waste water not emptied 15 EUR
Outside cleaning (marks on the car body, the alloys, the windscreen) not in the same condition as on departure. 15 EUR
Inside cleaning (evidence of kitchen or bathroom use, floors not swept, litter present) not in the same condition as on departure. 40 EUR for a campervan
80 EUR for a converted van or a motorhome

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:

Rules onboard Penalty
No smoking on board 50 EUR
Travelling with pets 50 EUR

If the vehicle requires to be cleaned by a professional, this will be paid for by the renter, upon reception of an invoice. This cannot be added to the penalties listed above.

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. If the cause of the immobilisation is unintentional or unknown, the hirer must, under normal circumstances, return the vehicle in the same condition as upon departure, the cleaning costs will be shared equally by both parties (50% for each party to the contract). 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 owner's responsibility, 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 use of the vehicle for the entire rental period is only permitted in the countries that have been indicated at the time of the request. In the event that the renter does not respect the restrictions indicated by the owner on his listing, the hirer is liable to a financial penalty of fifty (50) euros to be withdrawn from the security deposit by the owner. In the event of immobilisation of the vehicle following a breakdown or an indicent abroad and travelling abroad with the vehicle is strictly prohibited and unless the owner's written agreement to travel to a foreign territory is obtained, the renter is liable to pay additional costs for the repatriation of the vehicle.

Both parties to the contract must complete and sign the rental contract. The contract can be in paper or digital form. It is available on the user's Yescapa account, in the language chosen for the use of the site. Please note that if the rental takes place in Portugal, the renter will have to have with them a copy of the rental contract in Portuguese, by legal obligation. The inventory of fixtures must be carried out on the day of departure and return.

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:

Superficial damage types Location of the incident
indelible marks (coffee, oil, rubber, etc) Upholstery (seats, cushions, mattress, curtains) or other surface areas
Scrape, scuffmarks All types of surfaces such as doors, walls, cupboards, floor, etc.
Impact, chip Delicate surfaces such as the sink, sink cover, washbasin, shower, lights, table, etc.
Small impact Walls, doors, cupboards, handles/ doorknobs or drawer handles, etc.
Burns (not widespread, cigarette burn type, kettle, coffee machine) Table, counter top, upholstery (cushions, seats, mattresses), floors, etc.
Perforation Floors (lino), upholstery (cushions, seats, mattresses) and other types of surfaces.

When the repair of cosmetic and superficial damage is impossible, the renter is required to compensate the owner. It is up to both parties to agree on a compensation amount, in accordance with the size of the damage and its original cost:

  • if the part costs less than EUR 50: the renter must replace the part or pay the owner the cost of the part itself to be replaced.
  • If the item is valued to be more than EUR 50: the owner can choose an amount (no more than EUR 150 ) as compensation, depending on the damage caused and the size and value of the item. Cosmetic damage cannot lead to the replacement of an item if the item is valued to be more than EUR 50, unless the damage prevents its general use.

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 all 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.

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 10 years old, a depreciation coefficient could be applied in order to distribute the amount of repairs to be paid by the owner of the vehicle and the renter, on the basis of the loss of value of an object due to wear and tear, its age or technical progress to reach a residual value. This apportionment of the costs may be applied to damaged items that are more than 11 years old, up to 5% per additional year and up to a maximum of 50% of apportionment of the costs between the owner and the hirer, only in the absence of an engineer to access the vehicle. The renter remains exclusively liable for the labour costs.

Moreover, in the event of further damage, i.e, when the damaged part already had visible damage on the inventory of departure and it is impossible to repair the said damage resulting in the necessary replacement of the part, an inspection of the vehicle cannot be carried out by an engineer if the vehicle was significantly damaged before the rental. If a vehicle is not inspected, Yescapa reserves the right to consider distributing the costs of the repairs to be paid by the owner and the hirer, depending on the size of the initial damage, up to a maximum of 50% between the owner and the renter. In case of insufficient supporting documents (photo, video) to estimate the initial wear and tear, the replacement amount will be at the exclusive charge 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.

This rental is expressly agreed and accepted in accordance with the applicable laws and regulations. The parties undertake to complete a thorough inventory check of the vehicle when it is rented and when it is returned. These two documents are signed by both parties. The burden of proof lies with the party who disputes the accuracy of the inventory form.

The renter picks up the vehicle in the state the vehicle is handed over in.

In the absence of the inventory form (the owner and renters copy) of the vehicle on the day of the taking in hiring, the renter is deemed to have received the said vehicle in good working order, clean without other formalities. As soon as the renter takes possession of the vehicle, he is responsible for its use, control and protection. Upon return of the vehicle, the owner is deemed to receive the vehicle in good condition and clean without further formality. In case of damage (s) reported during the inventory of fixtures (return form) whose accuracy the renter would contest, it is up to them to bring the necessary evidence of their non responsibility of the damage (s). Otherwise, they will remain responsible.

Use of the vehicle

The renter is in full possession of the vehicle and uses it with due diligence and under normal and general condition of use.

Particularly, the renter undertakes to take all necessary precautions and to comply strictly with the provisions of the Highway Code or the regulations in force.

the renter is not permitted to use the vehicle:

  • to take part in motor sporting events, vehicle testing and as a driving school;
  • to transport goods or persons for remuneration;
  • to tow or move another vehicle in any way;
  • overloaded with a number of persons or a load exceeding the values and prescriptions as indicated by the manufacturer;
  • to transport flammable, explosive, toxic or dangerous substances;
  • to commit any offence.

Insurance

The insurance and break down cover correspond to those specified at the time of the booking request, contracted with payment of the booking and which are indicated on the rental contract.

Damage: In the event of damage such as an accident, theft, loss, fire, damage caused by game or any other damage, the renter must immediately notify the police. In such situations, the renter undertakes to draw up or have drawn up a report attesting of the conditions under which the said damage occurred. In the event of such damage, the renter is obliged to inform the owner and Yescapa in writing as soon as possible, by sending a message via e-mail.

If a statement is drawn up by the renter, it must be filled in at the scene of the accident, with the other driver involved in the accident, in accordance with the customs and regulations in force without any heading being evaded or ignored, or even partially, incorrectly or in a way that is difficult to read. Sketches must be drawn with care. If the accident involves several vehicles, the renter must establish a report with the driver of the vehicle in front of them and a report with the vehicle following them. If the other driver refuses to fill in or sign the said report, at least, the registration number of the opposing vehicle must be recorded by the renter. The renter must then try to obtain the statement of the persons having witnessed the accident, or request the intervention of a police officer.

The said duly completed initial statement must be transmitted to the insurance company at the latest within five working days after it has been previously presented and validated by the owner bound to respect the above deadline which is of public order (art. L. 113-2 of the Insurance Code).

The security deposit can be used to cover vehicle repair costs in the event of a claim or damage. It can also be used to cover the insurance excess. The security deposit is also intended to cover kilometers overruns and any amount owed to the owner by the renter as a result of the hire, in accordance with the terms of the rental contract. The management of the deposit is subject to the signature by both parties (renter and owner) of the rental contract on departure and return of the rental.

If the deposit is managed by the owner:

The owner receives the security deposit in person, the amount of which must be indicated on the rental contract. The security deposit can be given in the form of a cheque, in cash or any other means of payment previously agreed between the renter and the owner. If the deposit is not handed over on the day of departure, the owner must refuse the hire and therefore cancel the present hire. The renter will not be entitled to a refund.

If the vehicle shows no signs of damage, the owner must give the deposit back to the renter upon safe return of the vehicle.

If the vehicle has one or more defects, the owner must keep the entire security deposit without cashing it in until the cost to repair the damage is known. The amount must be indicated on the rental contract in the space provided.

If the renter exceeds the kilometer package, returns the vehicle with missing fuel, is an hour or more late than the agreed return time and/or is negligent (see article 9), the owner must keep and withdraw the amount indicated in accordance with these clauses after having completed the inventory of fixtures, which must imperatively be signed by both parties.

The Security Deposit may be used to cover any toll charges or fines that the renter will inform the owner of upon return of the vehicle. If no provision is made when the vehicle is returned and toll fees and/or fines are charged to the owner on dates corresponding to a rental period, the renter remains liable for this amount and responsible for any associated penalties (loss of points, withdrawal of licence...).

If the security deposit is managed by Yescapa:

The renter expressly authorizes Yescapa to recover amounts due up to €2000. If the vehicle presents one or more abnormalities, the owner has 72 hours after the return of the vehicle to inform Yescapa and a maximum period of one week to submit a quote. The abnormalitie(s) thus reported must be the same as those listed on the two respective copies of the inventory of fixtures of return, duly completed and signed by both parties. The owner is entitled to ask the hirer for compensation in person at the time of return of the vehicle, if the cost of the indemnity/compensation is less than 100 euros.

An amicable agreement between both parties is the preferred option for a quick management of any damage or breach of contract. The security deposit and the indications of the present clauses allow the parties to find an amicable solution. However, if there is a conflict between the parties, Yescapa offers a mediation service. Our team does not have the competences of a lawyer or legal department and offers support on the basis of these clauses and our experience as an intermediary platform. The intervention of our mediation service will be invoiced forty-nine euros (49€) to the party at fault, or will be divided equally between owner and hirer if the damage cannot be formally attributed to one of the parties.

If this fails, each party can independently refer to a competent court at their own costs. The legal parties can appoint a small claims court, proficient in handling disputes under £4000.