GENERAL CONDITIONS OF SALE
The present website https://www.campingcar-online.com is published and is the property of the company CAMPINGCAR - ONLINE (hereinafter "the Company"), a simplified joint stock company created in 2001, with a share capital of 12,000 euros, registered in the Paris Trade and Companies Register under the number RCS 434 838 140, whose registered office is located at 84, rue de l'Aqueduc - 75010 Paris. Its VAT number is FR38434838140.
Reviews of the Company and its services are collected and managed independently by TRUSTPILOT, a company incorporated under Danish law with its registered office at Pilestraede 58, 5th floor, 1112 Copenhagen, Denmark.
The Company has professional insurance with the AVIVA insurance company, contract N° 76063752.
The financial transactions on the site are accompanied by the reinforced security, as part of the fight against fraud by the 3D Secure payment.
ARTICLE 1 - PREAMBLE
CAMPINGCAR-ONLINE is a company specialized in the rental abroad of motorhomes, vans and fully equiped 4x4s, in particular in Europe, United States, Canada, Australia, New Zealand and Africa. It accompanies customers in their search for these leisure vehicles as well as in their reservation thanks to a selection of partners on the five continents according to the criteria submitted by its customers.
The Company does not have its own fleet of vehicles and limits itself to an intermediary service between the clients and the foreign suppliers that it has pre-selected. These suppliers are only professionals.
According to the needs expressed by its customers on the dates of travel, the country and the theme of travel sought, the Company accompanies them in the choice of the vehicle, the travel itinerary, the reservation as well as throughout the rental period in case of difficulties.
ARTICLE 2 - PURPOSE
The purpose of the curent general conditions of sale is to define the relationship between the customers and the Company. They record the conditions of access and sale of the services offered by the Company to customers.
The Company, which only acts as an intermediary between customers and suppliers of foreign motorhomes, vans and 4x4s, presents rental offers on behalf of its suppliers and assists customers in finding, reserving and renting vehicles for specific stays.
The Company is not a party to the rental contract between the supplier and the client, which is governed by the national legislation of the country in which the rental takes place. The relationship between the renter and the client is defined in the rental contract, which is independent of these general terms and conditions of sale, and the Company cannot be held responsible for reciprocal commitments under this rental contract.
ARTICLE 3 - ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND ENFORCEABILITY
The customer cannot use the services of the Company without having previously taken knowledge and accepted the current general conditions of sale at the time of his registration on the site.
Registration on the site implies express acceptance without reservation of these general conditions of sale. Registration therefore constitutes proof of the customer's prior knowledge of and acceptance of the general sales conditions. The client thus declares to have obtained all the necessary information from the Company regarding the services it offers.
The general sales conditions are available and accessible online on the Company's website. They can be downloaded and printed from the Company's website. They come into force on the date they are put online and are enforceable upon acceptance by the client when registering on the site and for the entire duration of use of the services.
The Company reserves the right at any time and at its sole discretion to adapt and modify these general terms and conditions of sale and to publish the new general terms and conditions of sale on the site. In such a case, each customer will be informed by any means of the modifications to intervene within fifteen days before their entry into force. Once the notification has been made, the customer may make any observations to the Company by any means. After this period, the client is deemed to have accepted the new general sales conditions in their entirety.
For the enforcement of the present general terms of sale, the Company agrees to choose the address of its head office located at 84, rue de l'Aqueduc - 75010 Paris and the customer at the address given at the time of his registration.
ARTICLE 4 - CONDITIONS OF ACCESS AND IDENTIFICATION
Any client can visit the Company's website to learn about the different types of vehicles offered for rent, the destinations, and clients' travel experiences. The Company's website is accessible at any time, seven days a week and twenty-four hours a day. The customer can also reach the Company's representatives by telephone all year round from Monday to Friday from 9:30 a.m. to 7:00 p.m.: + 33 (0) 9 70 73 63 83 and by e-mail at the following address: firstname.lastname@example.org.
Access and registration on the Company's website are free of charge.
The Company reserves the right to temporarily or permanently close its site or remote access by telephone to carry out updates, maintenance operations and put an end to any anomaly without notice or compensation for the customer. The site may thus be completed or modified at any time by the Company.
In order to have access to the services offered by the various suppliers selected by the Company, the customer must register on the site by creating a personal identifier which is necessarily their e-mail address. Once the e-mail address field has been filled in, the Company sends a personal password to the client at the address provided so that the client can connect to his account. Only persons of legal age and with full legal capacity are authorized to register on the site and use the Company's services.
In order to register, the client must fill out the online form under his real identity, which must include the following information: title, first name, last name, e-mail address and country of residence.
The information provided must be accurate, sincere and regularly updated by the client. The Company does not have to verify the truthfulness of the information provided, which is given on the basis of honour, and cannot be held responsible for any erroneous declaration. The Company does not make any statement, confirmation or endorsement regarding the client, their identity or their background.
The client is responsible for the preservation, conservation and use of their login, password and any other personal data they may communicate to the Company. The use of the services by the client is presumed to be personal.
The client undertakes not to misuse the Company's services for personal or business purposes, and not to commit any act of fraud, criminally reprehensible act or more generally to engage in acts punishable by law.
ARTICLE 5 - SERVICES
The Company offers to its customers a personalized service of search for rental of motorhomes, vans and 4x4 fitted out and this, in a non exhaustive way, in Europe, United States, Canada, Australia, New Zealand, and Africa. The rental offers are without driver and for short, medium or long term.
The Company is not the owner of the rented vehicles and only provides an intermediation service between the clients and the selected local suppliers.
To do this, the client submits his or her travel wishes and preferences, indicating the departure and arrival dates, the intended destinations, the number of travelers and the type of vehicle desired. Once the scope of the trip has been defined, the client can discover the financial offers of the Company's partner supplier(s) within the selected country. However, the client cannot know the availability of the vehicle and must necessarily be accompanied in his reservation by the Company. Thus, when a search is made by a client on the Company's website, the Company will contact the client by e-mail to find out whether the client intends to make an actual reservation in consideration of the preferences stipulated in the search. If the pre-selected vehicle is available, the Company will confirm to the client the possibility of proceeding with the reservation and if it is not available on the desired dates, the Company may propose other rental solutions adapted to the client's needs and wishes. The Company, in consideration of its experience, may also assist the client in defining the most suitable travel itinerary if desired.
In case of difficulties, the client can be accompanied until the rental and the return of the vehicle.
The rental contract is concluded between the customer and the local supplier and the contractual relationship is subject to the supplier's general rental conditions according to the supplier's national legislation.
ARTICLE 6 - RESERVATION PROCESS
For any rental request, the client must connect to his personal account with his e-mail address and password provided by the Company. He will then have access to the different financial offers of the Company's partners according to the destination and the desired period.
As soon as a client searches for a rental on the site, he/she will be contacted by the Company at the e-mail address communicated in order to find out if he/she wishes to continue the search and be accompanied by the Company when it is the only one able to inform him/her of the availability of the suppliers' vehicles on the selected dates, or if he/she only wishes to obtain information on prices.
From the moment the client informs the Company of his or her intention to reserve a vehicle, the Company begins to search for the availability of the vehicles preselected by the client with its suppliers.
The client may make several rental requests.
When the vehicle(s) selected by the client are available on the agreed dates, the Company will send by e-mail within seventy-two hours a quotation with the following information: client's first and last name, e-mail address, destination, travel dates, number of passengers, type of vehicle, amount of service, and deposit due.
The quotation shall also mention any additional services offered by the supplier during the rental period, which the customer may subscribe to up to thirty-five days before departure. In addition, the estimate will also mention the supplier's own provisions concerning the deposit methods required on the day the vehicle is made available (card of the main driver, debit/credit card, bank imprint).
Upon receipt of the quotation, the customer must pay a deposit of an amount that depends on the terms and conditions referred to in Article 9 of these general terms and conditions of sale in order to transform their request into an effective reservation effective booking request.
The payment of the deposit to proceed with the reservation is not subject to any time condition upon receipt of the quote and is made directly online by the client on the Company's website. The client is informed that he/she remains solely responsible for the delay in processing the payment of the deposit and that the vehicle is not reserved until payment has been received. Also, if the customer is late in paying the deposit, the vehicle selected on the agreed dates may no longer be available.
The deposit is cashed by the Company upon payment by the client.
For destinations where demand is higher than supply at certain periods, the time of transmission of the estimate may be longer than seventy-two hours.
If the type of vehicle chosen by the client is not available, the Company may propose another model to the client, who may accept or refuse it by any means by e-mail sent to the Company.
As soon as the reservation is confirmed by after the payment of the deposit, the Company sends the client the invoice for the payment of the deposit by e-mail.
The exchange voucher summarizing the full contact details of the local supplier, the summary of the trip booked and the payments made is sent by the Company to the client on the day of the balance payment of the reservation, which must be completed no later than thirty-five days before the departure date.
The voucher is to be given to the local supplier on the day of rental of the vehicle to take possession of the rental vehicle.
The rental contract is then issued directly by the local supplier to the client on the day the vehicle is made available.
ARTICLE 7 - MODIFICATION AND CANCELLATION OF THE RESERVATION
The client may modify at any time the non-essential elements of the reservation (contact details, method of payment, etc.) without any additional cost charged by the Company and the supplier. The client must inform the Company as soon as possible by e-mail sent to the Company at the address "email@example.com" of the non-essential changes to be made.
In the event that the client wishes to modify the essential elements of his reservation before the rental and for any reason whatsoever (modification of travel dates, main driver name, place of stay, number of persons, type of vehicle, loss, cancellation or non-validity of supporting documents of nationality and driving license, etc.), the Company does not charge any additional fees but the client exposes himself to the fact that no supplier can meet his new travel requirements. The client expressly releases the Company from any liability in such a case and waives any recourse against it. The deposit paid will then be returned to the client. Any substantial modification must be sent by e-mail to the following address: firstname.lastname@example.org.
In case of cancellation of the reservation by the client, the Company must be informed by e-mail at the following address: email@example.com. The cancellation policy and its implementation are set out in each of the rental contracts signed between the local supplier and the client and the applicable national legislation. The client is hereby informed and expressly acknowledges that the majority of the Company's local suppliers charge a cancellation fee which is based on the time limit for cancellation and that in the event of a no-show on the agreed rental date, the supplier may collect all or part of the rental fee according to the stipulations of the rental contract.
In case of cancellation of the reservation by the client, the Company does not charge any fees.
In the event of cancellation, the deposit paid by the client to the Company at the time of booking will be subject to the terms of the rental agreement and the policy of the local supplier. The Company undertakes to inform the client of the terms and conditions for the return or retention of the deposit as soon as it is informed of the cancellation of the trip by the client.
In the event of cancellation of the reservation by the local supplier, the client will be notified without delay by the Company and any deposit paid by the client will be returned by the Company. In such a case, the Company undertakes to notify the client of the cancellation of the reservation within thirty-five days prior to the start of the rental and to make its best efforts to find a rental solution at the dates and place desired by the client, without being held responsible for the unavailability of vehicles.
ARTICLE 8 - RATES FOR RENTAL SERVICES
The rates for services displayed on the Company's website and communicated to the client are all in euros. At the client's request, the Company can convert the rates into US dollars, Canadian dollars, New Zealand dollars, Australian dollars or British pounds.
The rates are established over a given period of time according to the rates applied by the Company's local partner suppliers and the local currency rate. They are updated on a weekly basis and, if necessary, modified without notice on the Company's website.
Similarly, the promotions offered on the Company's website depend on the reservation periods and the partner suppliers. They are therefore limited in time and applicable only under certain conditions.
The amount of a rental service is fixed according to the price charged by the local supplier on the date of the reservation and cannot be modified later. No claim can therefore be made by the Company or the local supplier in the event of a change in the currency after the reservation has been made.
Reservations made on the Company's website do not include any additional costs necessarily incurred by the rental of a vehicle such as gasoline or certain local taxes.
ARTICLE 9 - PAYMENT OF RENTAL SERVICES
On the day of receiving the quotation from the Company, the client must pay a deposit to transform it into an effective reservation.
If the reservation is made more than thirty-five days before the rental, a deposit of 30% of the total amount of the rental is required.
The remaining 70% of the total amount of the reservation must be paid at the latest thirty-five days before departure. The client is informed of the possibility of proceeding by installments. The client has access to the details of each payment made on his personal account with the corresponding receipts.
If the reservation is made less than thirty-five days before the rental date, the client must pay the full amount of the rental on the day of the reservation.
Failure to pay in the manner specified above may result in the cancellation of the reservation.
Payment can be made online on the Company's website or by telephone assistance with a Company representative who will connect to the client's personal account using a valid payment card: VISA, EUROCARD, MASTERCARD, AMERICAN EXPRESS, DINERS. Customers holding an AMERICAN EXPRESS payment card are expressly informed that they can only make payments in euros.
Payments made online are secured via the 3D SECURE payment system.
Payment can be made at the Company's headquarters by issuing bank cheques, vacation vouchers issued by the Agence Nationale des Chèques-Vacances and cash up to a limit of one thousand euros.
All payments are made in euros or in US dollars, Canadian dollars, New Zealand dollars, Australian dollars or pounds.
In addition to the payment of the reservation, each local supplier asks for a guarantee deposit in case of damage to the rented vehicle which will be paid on the day of the vehicle's collection. The security deposit is set by the supplier according to its own terms and conditions of rental and the applicable national legislation. The client is informed of the terms and conditions of the deposit required by the supplier as soon as the quotation communicated by the Company is signed and assumes all responsibility in the event of default.
ARTICLE 10 - RENTAL CONDITIONS AFTER THE RESERVATION
In order to have the vehicle made available on the day of the rental, the client must go to the local supplier and present the following four documents:
- The original valid driver's license issued to the driver declared during the reservation and on the rental contract, with an international license if applicable. Some countries and suppliers require proof of an international license or they will not have access to the vehicle.
- An original valid proof of identity of the driver: passport or identity card.
- A bank card that meets the specific requirements of the supplier for the payment of the deposit.
- The rental voucher sent by the Company.
In the event of non-presentation or lack of validity of one or more of the above-mentioned supporting documents, the supplier reserves the right not to deliver the vehicle to the renter. Termination of the rental agreement for failure to present proof of identity or driver's license shall result in the retention of any sums paid to the Company and/or the supplier without any right to appeal by the client.
Picking up the vehicle by the client implies full acceptance of the general rental conditions of the local supplier. The client is then given a vehicle in good working order, the equipment subscribed to as well as all proof of any insurance taken out.
The entire contractual relationship between the customer and the local supplier is governed by the rental agreement and the general rental conditions. The customer must therefore refer to these documents to determine the terms and conditions of the vehicle rental. However, the following are general provisions common to all rentals offered by the Company's local suppliers:
The vehicle must be picked up at the supplier's rental office at the times specified by the supplier. The vehicle must also be returned at the time and date specified in the rental agreement or penalties will be applied as determined by the supplier. A later pick-up or an early return of the vehicle does not give any right to refund to the customer.
At the time of the signature of the rental contract and the provision of the vehicle, an inventory of fixtures of the vehicle is carried out. The customer must declare any damage to the vehicle before taking possession in the inventory. An inventory of fixtures is carried out at the return of the vehicle which will have to be restored in good working order, and provided with all the documents, equipment and accessories given at the time of the collection of the rental vehicle.
All information filled out in the vehicle pick-up and return inventory must be accurate, perfectly legible and unequivocal. Any damage, deterioration or loss not specified in the inventory of fixtures of the vehicle is presumed to be the fault of the customer and any cost related to insurance deductibles are charged to the customer by an automatic deduction from the bank deposit made on the day of the vehicle pickup.
The vehicle must be returned clean with a full tank of fuel identical to that on the day of pickup. In case of non-return of the vehicle or abandonment of the vehicle, the customer is liable to the local supplier, and the consequences are set out in each rental contract and general rental conditions signed between the supplier and the customer.
With regard to the maintenance and mechanical wear of the vehicle, the customer must check the levels on the day of pick-up of the vehicle and, if necessary, have a mechanic intervene at the supplier's expense. For any damage, breakdown or claim occurring during the rental period, the customer must refer to the stipulations of the rental contract and general rental conditions subscribed with the local supplier. Assistance is provided by each rental company.
As the Company is a third party to the rental contract, it cannot be held responsible in any way for the relationship between the supplier and the client and the client waives any recourse against it in the event of damage, breakdown or loss.
Once the reservation has been made, the client agrees to respect the general rental conditions and the stipulations of the rental contract signed with the local supplier. The client therefore undertakes to use the vehicle for their own personal use in a prudent and normal manner throughout the rental period.
The vehicle may only be driven by the driver designated at the time of rental and may not accommodate more than the maximum number of passengers for which it is intended, and indicated during the reservation. The rest periods imposed on the driver by the insurance company must be respected. In the event of non-compliance with these provisions, the client may lose the benefit of all optional guarantees and insurance subscribed to. Similarly, in the event of a contravention and/or infraction committed during the rental period, the client remains solely responsible for the penalties incurred. If the customer commits, among other things, a traffic violation, or is controlled under the influence of alcohol or illegal substances, he/she is the only one to bear the financial consequences. The client is informed and expressly acknowledges that if he leaves the national territory where the rental contract was executed in violation of the law, the supplier may communicate his details to the local police and prosecution authorities and may apply additional administrative costs.
ARTICLE 11 - LIABILITY OF THE COMPANY
The Company is only bound by an obligation of means in the implementation of its services. The client accepts and acknowledges that the Company's liability may only be incurred by the client in the event of personal fault requiring the demonstration of a fault, a direct loss and a causal link. The Company's liability cannot be engaged for facts due to force majeure, fortuitous event or act of a third party.
The client is solely responsible for the information he/she has transmitted to the Company, for the choice of services offered by the Company and for their suitability to his/her needs. The Company shall not be held liable in this respect.
Since the Company limits itself to intermediation, it does not guarantee the proper execution of the rental contract concluded between the client and the local supplier, each of them remaining strictly responsible for the proper execution of their contractual obligations. In case of difficulty and/or dispute between the client and the supplier, the Company undertakes to make its best efforts and to contribute to an amicable resolution of the dispute.
ARTICLE 12 - PERSONAL DATA - TRACEABILITY - CONFIDENTIALITY
In accordance with the French Data Protection Act (Article 34 of Law 78.17 of January 6, 1978), the customer has the right to access, modify, rectify and delete personal data.
Information transmitted or collected by the Company in connection with the use of its services by the client is considered confidential by nature.
This provision does not preclude communications made by the Company to comply with applicable laws and regulations and or any judicial or administrative requisition or request, to protect itself or its reservees or any other person. All Confidential Information and any reproductions thereof are and shall remain the full and complete property of the party making the disclosure. The Owner of the confidential information reserves all industrial or intellectual property rights relating thereto.
ARTICLE 13 - RIGHT OF WITHDRAWAL
By accepting the present general conditions of sale, the client expressly accepts that the said conditions involving the Company's services be implemented and executed before the expiration of the withdrawal period and upon confirmation of the rental reservation. The client therefore expressly waives his right of withdrawal in accordance with the provisions of Article L 121-21-8-1° of the Consumer Code.
ARTICLE 14 - GOOD FAITH AND SINCERITY
The Parties agree to perform their obligations in good faith. The Parties declare the sincerity of the present commitments. In this respect, they declare that they have no knowledge of any element which, if communicated, would have modified the consent of the other party.
ARTICLE 15 - CLAIMS - APPLICABLE LAW
Any claim must be made by e-mail to the Company's head office located at 84, rue de l'Aqueduc - 75010 Paris.
The present general conditions of sale are subject to French law. In the event of disputes relating to the interpretation, validity or execution of the general terms and conditions of sale, the client and the Company agree to make their best efforts to settle the dispute amicably, in particular by resorting to conventional mediation or any other alternative dispute resolution method. In the event that an amicable agreement is not reached, any possible dispute relating to the interpretation or execution of the general terms and conditions of sale will be submitted to the jurisdiction of the Paris Court of Appeal.