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 lease agreement for a converted vehicle

In accordance of the provisions of articles 1713 and following of the Civil Code, it is agreed that the owner gives the rented vehicle to the tenant on a non-professional basis, in return for the remuneration provided for and under the charges and conditions stipulated below. Any modification made to the contract or its clauses revokes Yescapa's capacity to mediate.

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 transfer, sublet or lend the hired vehicle to anyone for any reason whatsoever. However, if the vehicle needs to be repaired, the employees of a mechanical garage and/or the tow truck are entitled to handle the vehicle, provided that the owner has been informed in advance and has given his 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 nor 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. An estimate for the repairs should be requested by the owner from the garage of his choice. If the amount of the repairs is deemed too high by Yescapa, the owner is obliged to get a second quote in another garage within the time limit set by Yescapa. The second quote cannot be requested in a garage where the owner or any member of his family is an employee or manager.
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 rented vehicle must be carried out in a very well lit place in order to carry out an inventory of fixtures of return in good conditions.

All parts and surfaces of the vehicle must be examined, including the upper parts of the vehicle. This return must be carried out by the same people as at the departure inventory. The owner can entrust the management of the inventory of fixtures to a third party, provided that it is the same person at the departure and the return of the rental. In these conditions, the owner is obliged to inform the tenant before the day of departure. In the case where the inventory of fixtures of return is not carried out by the same person as the inventory of fixtures of pick-up, the damage noted on the inventory of fixtures of return can not be studied by our team and the owner will have to immediately return the deposit if he managed it. Exceptions will be tolerated in case of the absence of the person in charge of the inventory of fixtures of return for a case of force majeur and with the preliminary written consent of the renter. In this type of case, Yescapa may conduct a study of the damage using the means at its disposal.

Delay by either party

By default, the pick-up time is set at 9h for a pick-up in the morning of the day of departure and at 14h for a rental starting in the afternoon. As for the time of return of the vehicle, it is fixed, by default, at 12h for a return in the morning and at 20h for a rental until the end of the afternoon. These times are given as an indication and apply in the absence of an agreement to the contrary between the two parties. Any delay of more than two (2) hours on the part of the owner or the hirer at the entry and/or exit inspection of the vehicle will be invoiced according to the following principle: beyond 2 hours of delay and up to 6 hours of delay, the affected party is entitled to claim the payment of 10 euros per hour of delay. After 6 hours, the affected party shall be entitled to claim the amount equivalent to one day's rental, increased by one hundred percent (100%), i.e. two days' rental. This claim shall be made directly between the parties with payment of the amounts due by the means of payment agreed between them.

If the owner is late by more than 2 hours, the renter has the right to cancel the rental and receive a refund of 100% of the rental or to use the money to rent another vehicle. In such a situation, the owner is liable for the suspension of their ad and a penalty of £150 to Yescapa as compensation for the loss of quality of service. These penalties are not applied when the delay is due to a proven case of force majeure.

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.

Furthermore, the owner undertakes to provide a sufficient level of gas for the journey, engine oil, coolant, windscreen washer fluid and, if necessary, products for the use of the cassette, water from the clean water tank and ad blue, which are consumables included in the rental fee. If these items are missing on the day of departure or are used up during the rental period, the renter must purchase them and the Owner will be obliged to reimburse the renter directly in cash or by bank transfer on presentation of the receipt.

In the event of a mechanical incident occurring during the rental period of the vehicle, the renter must imperatively inform the owner. It is the responsibility of the renter to follow the instructions given on the incident procedure indicated on the insurance certificate. Following the garage's diagnosis, repairs or parts changes may be necessary to make the vehicle operational again. A written agreement in the form of an electronic message ("email") or a written telephone message ("SMS") from the owner must be obtained by the renter before the garage is allowed to work on the vehicle. If the owner agrees to carry out the repairs, the renter can give the repair order to the professionals. The invoice can then be paid by the renter in order to continue the rental. The amount of the repairs will remain with the responsible party according to the origin of the incident. Mechanical breakdowns, excluding batteries, are most often the result of normal wear and tear of the vehicle but can also be the result of misuse of the vehicle by the renter. In order to attribute responsibility, Yescapa may request the vehicle's service history, maintenance or replacement invoices and/or a garage diagnosis.

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.

If the mechanical breakdown is the result of misuse by the hirer, a third party or a fixed object and the renter is found to be responsible, then the renter will be required to pay for all repairs incurred and will not be entitled to any refund for the unused days. Insurance and service fees will not be refunded.

If the mechanical breakdown is the result of normal and regular wear and tear of the mechanics or poor maintenance of the vehicle, then the owner will be held responsible and will have to assume the amount of the repairs. If the renter has advanced the amount, the owner is obliged to refund the renter upon presentation of the corresponding invoices. The renter is obliged to have the repairs carried out exclusively by a competent garage that is authorised to carry out the repairs. They can only be released from their responsibility by proving that the mechanical breakdown occurred as a result of normal and regular wear and tear of the mechanics or poor maintenance of the vehicle by the owner. A diagnosis by a competent garage may be requested.

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.

The two parties to the contract carry out the inventory of fixtures together and write the information on the rental contract (paper or digital). It is up to the parties to agree on the language of the comments on the digital contract or, in the case where two paper contracts are filled out, that the information written on both copies corresponds regardless of the language of drafting. The owner commits himself to check all the important elements of his vehicle such as the air conditioning, the heating, the water heater, the fridge, the oven, the cooking plates (non-exhaustive list) at the time of the inventory of fixtures of departure as well as at the return of the vehicle in the presence of the tenant. The renter must note on the rental contract the expiration 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 renter 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 case of breakdown or breakage of a vehicle equipment resulting from wear and tear of the element and not being related to a bad use of the renter, the owner will be held to pay compensation proportional to the damage caused during the hiring in deduction of their remuneration.

  • Essential equipment (refrigerator, air conditioning, heating, water pump, bedding, skylights)
    1 day's rental for rentals of 6 days or less, 2 days' rental for rentals between 7 and 10 days, 3 days' rental for rentals of 11 days or more. In the event of a malfunction of several pieces of equipment during the rental period, these penalties may be added together, but the total may not exceed 50% of the amount of the owner's remuneration. The payment of the said penalty engages the full and entire responsibility of the owner towards the renter, Yescapa will not be responsible for the payment of this amount.

  • Additional equipment (table, awning, car radio, television, crockery)
    1/2 day rental for bookings of 6 days or less, 1 day rental for bookings between 7 and 10 days, 1.5 days rental for bookings of 11 days or more. In the event of a malfunction of several pieces of equipment during the rental period, these penalties may be added together, but the total may not exceed 50% of the amount of the owner's remuneration. The payment of the said penalty engages the full and entire responsibility of the owner towards the renter, Yescapa will not be responsible for the payment of this amount.

In case of damage(s) notified on the return inventory of fixtures that was not noted on the departure inventory of fixtures, the owner must keep the entirety of the security deposit when it is managed by them and indicate it in the rental contract at the place provided for this purpose. The security deposit is kept by the owner during the study of the file and may be kept permanently, totally or partially, if the arbitration communicated in writing by Yescapa indicates a total or partial responsibility of the tenant. The details of the amount to be kept and/or returned are indicated by Yescapa as well as the deadlines to be respected. An amicable resolution is strongly encouraged, but in the absence of agreement between the parties, the owner and the renter must declare the damage(s) via the form available in the User Account within 24 hours after the end of the rental. In the event that the vehicle is damaged before the rental, the owner is obliged to inform the next renter in order to agree on a possible financial or in-kind settlement.

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 case of a puncture: the renter is liable. When only the punctured tyre has to be changed (in case the second tyre of the same train is new), 100% of the replacement cost is at the hirer's expense. However, in most cases it will be necessary to change both tyres on the same train; in this case 75% of the cost of replacing the tyres (damaged tyre and second tyre on the same train) will be charged to the renter. The remaining 25% will be charged to the owner.

In the case of a tyre blowout:

  • When the tyres are less than 5 years old: The occurrence of a tyre blowout will be deemed to be consequential to misuse by the renter. In the event that the photos of the inventory of fixtures on departure demonstrate wear and tear of the tyre concerned, Yescapa reserves the right to apportion responsibility and split the settlement 50/50 between the owner and the renter.
  • When the tyres are 5 years old or more: The occurrence of a tyre blowout will be deemed to be consequential to the wear and tear of the tyres and will therefore fall under the responsibility of the owner except when the circumstances of occurrence imply a proven misuse by the renter (e.g. as a result of taking an unpaved road, hitting a fixed body, unchecked pressure, etc... the detailed declaration being made at the same time) or that the diagnosis of a garage can bring additional information. It should be noted that the parties agree to check and photograph the tires at the start of the rental. In the absence of a photo, only the condition indicated on the departure inventory will be taken into account and a purchase invoice for the tyre will be requested to attest to the age of the tyre. When an expert appraisal of the vehicle is possible (within the framework of the insurance taken out), the expert commissioned will be able to define the origin of the tyre blowout as well as the responsibility of the owner or renter. Otherwise, the previously announced procedure will be applied.

In the event of an interruption of the rental period due to a breakdown of the vehicle for which the renter cannot be held responsible, the owner undertakes to reimburse the renter for the amount corresponding to the days and kilometers not used. The said reimbursement shall be made directly between the parties. The owner shall be solely responsible for this reimbursement. In the absence of such reimbursement, the renter may take legal action against the owner

If the said breakdown occurs within the first 48 hours of the rental, the owner will be required to refund the rental in full. Yescapa reserves the right to delay the transfer of the owner's remuneration in the event of a breakdown reported within the first 48 hours of the rental, pending the provision of information to verify the responsibility for the breakdown.

Yescapa reserves the right to demand the vehicle's maintenance booklet, any maintenance or replacement invoice that may be related to the breakdown and/or a diagnosis from a competent garage if this is necessary to assign responsibility for the repair.

If the responsibility for the breakdown cannot be determined, the owner is obliged to reimburse 50% of his remuneration and the daily rate of the kilometer package not used.

With regard to the cleaning of the interior, exterior and cassette of the vehicle, the renter shall not be held financially liable for any cleaning not carried out as a result of an interruption in the rental period when the renter's responsibility is not engaged or is partially engaged.

When the deposit is managed by the owner, it must be kept until the vehicle is returned in order to check that any damage not resulting from the breakdown has not occurred. In the event of damage, the owner is obliged to declare it within 24 hours of receiving the vehicle by providing photos of the inventory of fixtures on arrival, the signed contract and photos of the damage and the illuminated dashboard. Please note that the security deposit cannot be used to pay for the owner's travel expenses to carry out estimates or repairs on the vehicle. The security deposit cannot be used to top up missing fuel due to a rental interruption where the renter is not responsible.

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 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

However, if 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 the presentation of an invoice. This service may not be added to any of the penalties described above. If the need for a service is not approved, then the owner shall be limited to the cleaning penalties indicated in this clause.

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 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 penalties and obligations of the renter in relation to the cleanliness of the vehicle do not apply where the cleaning costs are included in the rental by default. In this case, the interior and exterior cleaning fields of the rental agreement on the return inventory are not applicable and must be marked as such on the paper contract and satisfactory on the digital contract. The owner waives any penalty for cleanliness by activating this preference.

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.

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.

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, kettle, coffee machine, etc.) Table, counter top, upholstery (cushions, seats, mattresses), floors, etc.
Perforation Floors (lino), upholstery (cushions, seats, mattresses) and other types of surfaces.

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 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. 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 case of damage to a vehicle that is more than 10 years old (and for which the damaged part has not been replaced in the last 10 years) a depreciation coefficient could be applied in order to share the cost of repairs between the owner of the vehicle and the renter responsible, based on the principle of the loss of value of an object due to its use, age or technical progress in order to achieve a residual value. This distribution of the amount to be paid may be applied to damaged items from the eleventh year onwards, at a rate of 5% per additional year, up to a maximum of 50% per year, between the owner and the renter, and only in the absence of a diagnostic of the vehicle. Labour and VAT shall be borne exclusively by the renter.

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.

This is the case even when the damage is to a single part or component that cannot be repaired or replaced. If a minor breakage results in the unusability of equipment, the equipment shall be replaced in its entirety. The cost of the replacement shall be borne solely by the responsible party except where the broken item is more than 10 years old. In this case, a principle of obsolescence applies from the eleventh year onwards, amounting to 5% per additional year, up to a maximum of 50% of cost sharing between the owner and the renter. Labour and VAT remain the sole responsibility of the renter.

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.

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 take part in any form of humanitarian convoy without written agreement from the owner;
  • to travel to a war or armed conflict zone during the rental period;
  • 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.

Le versement d'un éventuel dédommagement consécutif à un dysfonctionnement d'équipement comme stipulé dans l'article 8 est conditionné au respect de cette procédure par le locataire.

The rental vehicle may be equipped with a GPS tracker for the safety of the owner and the renter. The owner may not use this device to infringe on the privacy of the renter. In the event that the GPS tracker registers a geolocation excluded from the rental contract, such as an undeclared country visited or one of the points listed above, a forfeiture of insurance cover may be applied and the hirer may be held legally and financially responsible in the event of damage and/or any other consequence deriving from the undeclared geolocation or prohibited by this contract.

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).

Breakdown assistance

Breakdown assistance can be requested 7 days a week and 24 hours a day if the vehicle is no longer running, i.e. if a warning light comes on or if the vehicle no longer starts or if it cannot be driven safely. The renter is obliged to follow the steps described in the incident procedure available with the insurance certificate. In the event of equipment failure, the renter shall inform the owner whether the vehicle should be taken to a garage.

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 stated on the rental contract. The security deposit may be paid by cheque, cash or any other means of payment previously agreed between the renter and the owner. If the security deposit is not received on the day of departure, the owner must refuse the rental and therefore cancel the present rental. The renter will not receive any 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.

Si le véhicule présente une ou des anomalie(s), le propriétaire doit conserver la totalité du dépôt de garantie sans l'encaisser jusqu'à connaître le montant des réparations à effectuer. Le montant doit être indiqué dans le contrat de location à l'endroit prévu à cet effet.

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...).

The Security Deposit cannot be withheld by the owner, in whole or in part, if Yescapa indicates that all or part of the amount is to be returned to the renter. If the deposit is not returned within the time limit communicated in writing, the owner is fully liable to the competent authorities. Yescapa undertakes to suspend the advertisement of an owner who improperly withholds a security deposit in the context of mediation. In the event that Yescapa has not been informed of the withholding of the security deposit within the time period eligible for the damage claim, the mediation effort cannot be guaranteed.

If the security deposit is managed by Yescapa:

The renter expressly authorises Yescapa to recover the amounts due, up to €2000. If the vehicle has one or more anomalies, the owner has 72 hours after the return of the vehicle to inform Yescapa and a period of 3 working days to submit an estimate (in case of impossibility to provide an estimate within the time limit beyond the owner's control, Yescapa may indicate another deadline to the parties). The anomalies thus reported must be the same as those listed on the two respective copies of the return inventory of fixtures, duly completed and signed by both parties. The owner has the right to ask the renter for compensation in person at the time of the return of the vehicle, if the cost of the compensation is less than 100 euros.

Regardless of how the security deposit is managed, if the tenant is found to be responsible for damage and/or a penalty, he/she is liable for the full amount and cannot refuse to pay the said amount, which may exceed the amount of the security deposit.

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€.

Within the framework of the mediation proposed by Yescapa, the renter and the owner are obliged to respect the deadlines indicated from the declaration until the closing of the files. The mediation procedure can only be delivered within these deadlines.

By default, mediation by Yescapa will not exceed 30 consecutive working days for a single declaration. The parties undertake to respect the decision announced at the time of the closure of the file by honouring the deadlines indicated by our team, the indemnities provided for as well as the restitution of the security deposit, if applicable, according to the instructions indicated. In the event of a dispute over the closure of the file, the opposing party or parties may be subject to suspension of their account and the vehicle advert, if applicable. In some cases, a processing time of more than 30 days may be granted by the decision of the Yescapa team. The files declared to the insurance company are subject to the processing time of the insurer. Any damage reported more than 3 days after the return of the vehicle and the end of the rental contract cannot be processed.