Part I: General Rental Conditions
Article 1: Law applicable to the contract
Any scooter rental from SCOOT & GO is subject to a contract, subject to the provisions of CHAPTER II OF THE
RENTAL OF THINGS of TITLE VIII OF THE RENTAL CONTRACT of the Civil Code applicable in French Polynesia (article 1713 et seq.).
Article 2: Parties to the contract
The rental contract is concluded between SCOOT & GO (hereinafter “The Lessor”) operating as an individual under number Tahiti E76412 whose registered office is located in BORA-BORA FAANUI QUARTIER VAKE, insured with the company POE-MA INSURANCES, and the driver of the leased vehicle mentioned in the contract (hereinafter “the Lessee”), both signatories. The rental contract is concluded looking at the person and may
not be transferred to a third party. Any subletting automatically leads to the cancellation of the contract without any recourse against the Lessor. The sums paid for the rental will remain the property of the Lessor, who also reserves the right to take legal action against the offender.
Article 3: Conditions to be met to be a Tenant
The Renter must be over twenty-three (23) years old, have held a driving license for more than 2 years or hold a road safety certificate (BSR) for anyone born from the year 2000. He must not have had his license suspended, withdrawn or cancelled in the five (5) years preceding the rental. He must also hold a credit card or present sufficient financial guarantees when the vehicle is delivered. Drivers over 70 years of age must have a valid license and a medical certificate of
fitness to drive. Rentals can be made to a maximum of two (2) different drivers. When renting a two-wheeler, the Renter must undergo a procedure to verify their ability to drive such a vehicle
Article 4: Duration of the contract
The rental of the vehicle is concluded for a period expressly determined and stipulated in the contract, within the limit of ninety (90) days, a period beyond which the Renter must hold a Polynesian license in accordance with the Law. The Renter undertakes to return the vehicle to the Lessor, at its premises or at thelocation, on the date and time specified in the rental contract, failing which he or she may be liable to civil and/or criminal prosecution. The rental period is calculated intwenty-four (24) hour increments, beginning upon taking possession (or “picking up”) of the vehicle. No discount will be granted for rentals of less than 24 hours, the minimum rental period. The return time stated in the contract is binding on the Tenant, who must respect it. A penalty of one thousand (1,000) francs per additional hour until the actual return of the vehicle, during the Lessor’s opening hours, will be invoiced to the Lessee in the event of delay. Each hour started is due. No returns will be accepted before 8:00 a.m. and after 6:00 p.m. If the rented vehicle is returned the day after the date specified in the contract, the Lessor may simply request payment for an additional rental day. The Tenant expressly authorizes the Lessor to use his means of payment, in particular his bank card or transfer, to be paid the amount corresponding to the penalty above. If the Renter wishes to renew the contract and subject to availability of the vehicle, he must:
– contact the Lessor without delay to obtain their agreement;
– In case of agreement, go to the Lessor’s home to pay the rent for the extended days, in which case the conditions remain the same. The wrongful retention of the rented vehicle exposes the Lessee to prosecution and results in his forfeiture of the benefit of the contract and therefore of the subsequent insurance.
Article 5: Collection and return of the vehicle
The tenant acknowledges having taken the rented vehicle in perfect working order and maintenance. He undertakes to report to the Lessor without delay any defect that he may notice, failing which he could be held responsible, after expert appraisal, for the damage caused by its aggravation.
The transport of animals is prohibited, as is smoking in the vehicle. The Lessor reserves the right to charge a deep cleaning fee. The Lessor declines all responsibility in the event of forgetting or losing personal items
in the vehicle. The rented vehicle is equipped with all its accessories in working order. The Rental Company provides the mandatory safety equipment, including a helmet for renting two-wheelers, in perfect condition, and an anti-theft device. The tenant is fully liable for the disappearance or deterioration of any accessory and/or equipment, and is required, where applicable, to replace them at cost price.
– Cleanliness: 3000 F – broken or lost helmet: 12000 F – Anti-theft: 9000 F
– Loss of equipment (rearview mirror 5000f, license plate 3000f, and others…)
A descriptive statement of the vehicle and a notice referencing the checks carried out on the condition of the vehicle prior to rental are attached to the contract and form an integral part thereof. During the rental and depending on the number of kilometers traveled, the Renter must carry out the usual checks (engine oil level beyond 1,000 km, tire pressure, etc.) in accordance with “good family” use of the vehicle.
Any transformation, repair or mechanical intervention on the vehicle is strictly prohibited.
Only the Lessor can give his agreement for repairs. The rental ends with the return of the vehicle, its keys and its papers to the rental company. In the event that the vehicle is returned without its keys, these will be invoiced to the Renter as well as, where applicable, the costs of repatriation and immobilization of the vehicle. Keys: 1200 F Repatriation: 2000 F The vehicle is returned in the same condition as when it was collected, with a full tank of fuel and clean. Failing this, the Lessor will be responsible for refueling and cleaning the vehicle, all at the expense of the Lessee who accepts this.
– Gasoline costs: 1000 F
– Cleaning: 3000 F
Any repair costs resulting from a fault on the part of the Renter or in the absence of fault on the part of an identified third party will be added to the rental cost, subject to the provisions of Section 2 below. The Renter expressly authorizes the Lessor to use his means of payment, in particular his bank card, to be paid the corresponding amount. In the event of theft, the rental contract is terminated upon transmission to the Lessor of the complaint filed by the Renter with the competent authorities. In the event of an accident, the rental contract is terminated upon transmission to the Lessor of the joint report duly completed by
the Renter and any third party, the entire rental amount will be due to the Lessor, and no replacement vehicle will be offered to the Lessee.
Article 6: Rent and security deposit
Taking charge of the vehicle implies the Renter’s commitment to bear the rental cost in full. The rent is payable in advance and at the latest on the day the vehicle is collected. The daily rental rate, including all taxes, is indicated in the contract (see appendix 2).All tenants are jointly and severally liable for the payment of the rent and any additional costs (penalties, repairs, etc.). For any payment made by credit card, bank transfer, or cash, the main driver must be the holder. A security deposit is required from the tenant and payable by any means at their convenience. The amount of the security deposit is ten (10) thousand francs. It is indicated on the rental agreement. A bank pre-authorization from the tenant authorizing the debit of their bank card may be requested at the start of the rental, for the amount of the security deposit. The tenant hereby accepts the debit from this same bank card, of the amount of the excess and all other costs mentioned in these general conditions. The tenant remains liable for the payment of costs incurred by the Lessor after the rental of the vehicle such as, for example and without being exhaustive: fines, traffic violations, damage or hidden repairs to the vehicle, theft of spare parts noted after use, etc
Article 7: Tires
The rates do not include tire replacement in the event of a puncture, bent rims, or torn tires, except in cases of normal wear and tear related to the use of the vehicle. These costs will be subject to an additional charge. Any tire-related problem must be reported to the Rental Company immediately.
Article 8: Repatriation of the vehicle
The Renter is strictly prohibited from abandoning the vehicle. If this is not possible, the vehicle will be repatriated at the Renter’s expense.
Article 9: Fees and penalties
Fees and penalties apply in the following cases:
– Cancellation of the reservation less than 48 hours before its date: four thousand (4,000) francs;
– Delay in returning the vehicle: see article 4 above;
– Use of the vehicle by an unauthorized driver: fifteen thousand (15,000) francs;
– When opening a claim file upon return of the vehicle: four thousand (4,000) francs;
This list is not exhaustive.
Part II: General insurance conditions
Article 10: Scope of the guarantee
The rented vehicle is only authorized to drive on Bora Bora’s public or private, paved roads open to automobile traffic. Any driving on roads whose surface or state of maintenance presents risks for the tires or components of the vehicle will result in the immediate termination of the rental contract without any reimbursement of the remaining rental days. The vehicle is insured under the general conditions of warranty for vehicles without a driver, and under the specific conditions referred to in the insurance policy which can be consulted at the rental office. Only the drivers designated in the rental contract are authorized to drive the vehicle and are
covered by the Lessor’s guarantees. Lending the steering wheel to a third party not identified on the rental contract is strictly prohibited.
Article 11: Guarantees offered by the Lessor
The rented vehicle is insured for damage that the Renter may cause to others by accident, it being understood that damage caused to the renter himself and to the rented vehicle are excluded from this guarantee. The fines and consequences of the criminal liability of the tenant remain the responsibility of the latter. The rental company’s insurance does not cover breakdown assistance. For more information on the guarantees offered by the rental contract, the insurance contract for each vehicle can be consulted at the Lessor’s premises upon simple request from the Lessee.
Article 12: Categories of drivers and warranty conditions
As indicated in Article 3 above, the Renter must be over twenty-three (23) years old, have held a driving license for more than 2 years and for anyone born after the year 2000, the obligation to hold a road safety certificate (BSR). He must not have had his license suspended, withdrawn or cancelled during the five (5) years preceding the rental. He must also hold a credit card or present sufficient financial guarantees when the vehicle is delivered. Drivers over 70 years old must hold a valid license and a medical certificate of fitness to drive. It is specified that a deductible of one hundred and twenty thousand (120,000) francs will be applied in civil liability and an additional deductible of one hundred and twenty thousand (120,000) francs on damage guarantees in the event of driving insured vehicles by a driver under 23 years of age and having held a license for less than 2 years.
Article 13: Accident report
Any damage caused to the rented vehicle must be the subject of an accident report, in addition to the usual report. The Renter must report immediately to the Rental Company’s office, unless hospitalized or detained by the police or gendarmerie. In the latter two cases, the tenant is required to report as soon as his hospitalization or detention ends. The tenant who does not respect this commitment is held financially responsible for the damage caused and its consequences.
Article 14: Warranty Exclusions
In addition to the exclusions referred to in these general conditions and in the Lessor’s insurance contracts, the Tenant’s civil liability is fully incurred, particularly in the following circumstances, which exclude any guarantee from the Lessor:
– Damage caused intentionally, maliciously or through inexcusable fault;
– Damage caused in particular in the event of crossing watercourses, entering sea water, getting stuck, overturning of the vehicle, driving on an unpaved road, punctures, bursting or tearing of the tyre;
– Damage caused while driving under the influence of alcohol or drugs or caused by any passenger who caused it while under the influence of alcohol;
– Damage caused when driving the vehicle was transferred to a third party not designated as the driver in the rental contract.
Article 15: Mediation clause
In the event of difficulty(ies) in the interpretation or execution of the contract or the general conditions, and before any contentious action, the parties agree to attempt confidential mediation for a maximum duration of three (3) months, which will be entrusted to a qualified mediator chosen by mutual agreement within the Association of Qualified Mediators of French Polynesia known as AMDPF (http://www.amdpf.com).
Article 16 : Maintenance
Under penalty of forfeiture of guarantee, you undertake to set up and communicate to us upon any request: a maintenance log, referencing the maintenance operations, a notice referencing the checks carried out the condition of the vehicle prior to any rental, a procedure for verifying the tenant’s ability to drive a two wheels, with testing within your company, to provide the mandatory safety equipment (helmet) in perfect condition..
Article 17: Jurisdiction clause
Any dispute arising from the rental contract which cannot be resolved amicably will be subject to the jurisdiction of the Papeete Court of First Instance.
Article 18: Protection of personal data
The information collected by the Lessor is necessary to enable vehicle rentals and related operations (reservations, invoicing, etc.) as well as to provide you with other services and benefits to which you may have subscribed (sending partner offers, management of benefits programs, etc.). They are intended, in whole or in part, for the Lessor. The Lessor is responsible for processing this information. The information that must be collected was indicated to you by the Lessor when you entered your data at the agency.