Peer-to-peer car rental agreement
Drivy provides a pre-filled rental agreement to simplify and secure the transaction between the driver and the owner (called the "Rental agreement").
The owner can get the agreement in "Your Rentals" once the rental is booked and paid for on the website. He is responsible for bringing it at check-in — in paper or mobile version. The details entered on the website and automatically reproduced on the agreement must be accurate. This is required to get insurance coverage and to charge the renter in case of damage to the car.
Provisions to the Rental Agreement
The Rental Agreement makes reference to the provisions below. Thus, by signing the Rental Agreement, the Owner and the Renter fully agree to all the provisions below.
The provisions do not get printed out along with the Rental Agreement (for the sake of saving paper). However, you can print these detailed provisions out and cosign them if you wish to.
1. Stakeholders to the Rental Agreement
The Rental Agreement is concluded between the Owner and the Renter. It stipulates the conditions for the rental of the Owner’s Vehicle by the Renter.
Drivy is not a party to the Rental Agreement. The Rental Agreement envisages the use of services offered by Drivy.
2. Owner’s responsibilities
The Owner commits to rent out a motor Vehicle:
that is in accordance with the legal requirements and regulations of the registration country of the Vehicle;
which maintenance recommended by the manufacturer has been completed and which safety equipments are, to his or her knowledge, in pristine condition, especially the tires, brakes, headlights and brake lights, steering, safety belts, as well as the presence of all safety items required in the registration country of the Vehicle;
that has passed the routine inspections required in the registration country of the Vehicle;
that is at least covered by a third party liability insurance and by all other insurances that are mandatory under the laws of the registration country of the Vehicle.
The Owner shall not rent out the Vehicle if he or she is aware of technical issues concerning the safety of the Vehicle.
3. Renter’s responsibilities
shall meet the insurance policy conditions available on Drivy’s website;
shall not significantly exceed the mileage indicated upon booking on the website without notifying the Owner;
shall respect the principle of due care in using the Vehicle;
Return the vehicle clean with the same level of gas at the beginning of the Rental.
shall not allow another person to drive the Vehicle without the consent of the Owner or without adding additional drivers to the Rental Agreement;
shall not abandon the Vehicle after an accident or a breakdown, and shall keep the Vehicle under his or her responsibility until the Owner or Drivy’s assistance take action.
4. Mileage driven
The rental price set on Drivy before the rental is calculated according to the mileage indicated in advance by the Renter.
Should the actual mileage driven by the Renter exceed what was initially planned, the Renter shall pay the Owner the difference, according to the rate stipulated on the first page of the Rental Agreement.
5. Proceedings in the event of an accident or a theft
The Renter shall immediately notify the police or competent public authorities in the event of an accident, theft, loss, fire, damage caused by animals or other degradations and shall get a report or minutes bearing witness to the conditions in which the incident occurred.
The Renter shall also notify the Owner of any event affecting the Vehicle, as soon as possible.
In the event of an accident with a third party, the Renter shall scrupulously follow the “Renter’s instructions”, provided by the Owner at check-in.
If any repairs are required, the Renter shall notify the Owner and shall obtain his or her authorization before undertaking any repairs.
6. Responsibilities in the event of an accident or a theft
The Renter is liable for the Vehicle in his or her custody.
The Vehicle, in addition to all of the accessories made available to the Renter, shall be returned in the condition duly observed by both parties at check-in, and at the date and time scheduled as per the Rental Agreement.
In the event of theft, of damage to the Vehicle or to the accessories thereof that is the fault of the Renter or in the absence of fault of an identified third party, as well as in the event of not returning the Vehicle, the Renter is responsible of all the costs incurred.
If any damage is observed at check-out, the Renter shall immediately pay the Owner a security deposit. The amount of the security deposit is the amount of the insurance deductible in case of damage, specified on the rental agreement.
The Renter and the Owner also agree to the following conditions:
In the event of a puncture, the tires are the responsibility of the Renter. If the Owner has to change two tires after a puncture, the Renter shall pay the replacement of one tire and 50% of the cost of the second tire. If the puncture is caused by an abnormal obsolescence of the tires, all charges will be borne by the Owner.
If the Vehicle has no spare wheel or device for repairing a puncture, the breakdown service costs for the Vehicle will be borne by the Owner.
In case of loss or theft of the key of the Vehicle during the rental, the Renter shall be liable for the cost of the production of a new key to the Owner, and if the Owner specifically requests it, 50% of costs to change the lock cylinder and the complete set of keys.
7. Responsibilities in the event of a breakdown
The Owner is responsible for the maintenance of his or her Vehicle, and therefore responsible for mechanical and electrical breakdowns. Drivy’s insurance does not cover breakdowns.
However, if the Owner considers that the Renter is responsible for a breakdown as a result of a behavior contrary to the terms of the Rental Agreement, the Owner can appoint an independent expert to prove this. After a cross-examination by experts, the responsibility for the breakdown will be determined. If the Renter is designated to be responsible for the breakdown, he or she will incur all repair costs related to the breakdown as well as the expertise fees incurred by the Renter.
In the event of a breakdown not resulting from a use contrary to the provisions of this Agreement, the Renter may terminate the Rental Agreement and be reimbursed for the rental time not used.
8. Traffic tickets
Should the Renter commit a traffic offence leading to a traffic ticket, they shall defray the related expenses. If the Renter is ticketed or thinks they have committed a traffic offence detected by automatic means, they shall notify the Owner upon returning the Vehicle.
The Renter shall be required to pay a processing fee of 15 Euros per traffic ticket incurred during the rental.
9. Compensations and penalties
Should the Renter not be present by the end of the rental period, the Renter shall be required to pay a 120 Euros penalty collected by Drivy, half of which shall be paid to the Owner. Should the Renter duly notify the Owner, forbearance shall be made for delays.
The Renters accepts also to compensate the Owner of:
15 Euros in the event of smoking in a non-smoking Vehicle;
15 Euros if the Vehicle is exceedingly dirty on the outside;
15 Euros if the Vehicle is exceedingly dirty on the inside.
If the state of the Vehicle requires the intervention of a professional (stains on the seats, intense soiling of the inside, etc.), the Renter shall pay the invoice billed by the professional.
10. Resort to Drivy’s insurance
The Vehicle has been rented through the Drivy website. Therefore, under the condition that all insurance conditions are respected, the use of the Vehicle by the Renter is insured by the insurance taken out by Drivy.
If all the insurance conditions are respected, the Renter can ask to resort to Drivy’s insurance, in the limit of the insurance conditions.
Should the Owner or the Renter, by not respecting the terms of the insurance policy, cause a lapse in the insurance coverage, the Owner or the Renter undertakes to personally bear full responsibility for the consequences of any incident that may happen to the Vehicle.
11. Resort to Drivy’s roadside assistance
The Renter may, in case of a breakdown or an accident, resort to Drivy’s roadside assistance.
The Renter shall inform the Owner at once if Drivy’s assistance is used.
12. Resort to Drivy’s payment service
The Owner or the Renter can resort to Drivy’s payment service for all payments owed by one party to the other. These payments can be, for instance:
payments linked to the mileage driven
compensations for fuel level differences
compensations and penalties as detailed in the paragraph 9 of the present provisions to the Rental Agreement
13. Resort to Drivy’s security deposit service
The Owner can also, if needed, use Drivy’s security deposit service to collect the amounts due by the Renter, as long as the provisions to the Rental Agreement were respected.
14. Application of the Rental Agreement
In case of disagreement in the application of the Rental Agreement, the Renter and the Owner agree to seek an amicable solution.
If the disagreement persists, the Renter and the Owner may appeal to Drivy’s conciliation service to help them find a solution to the dispute.
In case of failure of conciliation through Drivy’s conciliation service, the Renter and the Owner may turn to the competent court.
15. Specific provisions to the Rental Agreement only for Rental performed through the service Drivy Open
15.1 Specific proceedings at the beginning and end of the RentalOpen Owner obligations before the rental begins :
Before each Drivy Open Rental, the Open Owner must establish the digital condition report. This condition report includes 4 schemas representing the vehicle. Each of these schema is augmented with photos of the details of each damage on the vehicle. This photos are marked on the vehicles through dots, and completed with a description text.Obligations of the Renter before the rental begins :
Before starting the Drivy Open Rental, where the beginning is related to the opening of the Vehicle, the Renter must go though the condition report of the Vehicle and compare it to the real condition of the Vehicle. The Renter must report to the Open Owner every additional damage, with photos, before opening the Vehicle. Every damage that wouldn’t be reported by the Renter during the walkaround inspection will be charged against him.Obligations of the Renter after the end of the Rental :
At the end of the Rental, the Renter must report spontaneously every damage that occurred during his Rental. A non-reported damage will be charged of a penalty as defined in the article 15.2 of these present Provisions to the Rental Agreement.
At the end of the Rental, the Renter must take 8 photos around the Vehicle on different angles. If the Owner or the next Renter declares a damage, these photos will be there to protect the Renter. Therefore, they must be in good quality and legible. In case of deliberately unusable photos, the Renter liability may be incurred as to the damage caused.Obligations to the Open Owner at the end of the rental :
The Open Owner will have 4 days after the end of the Rental to report a damage on his Vehicle. He will provide photos to illustrate his claim.
15.2 Rules and penalties specific to Drivy Open service and parking at the end of the Rental
5€ of management fees will be applied to the Renter by Drivy if the Renter doesn’t return the Vehicle with the same level of gas, and contest for no valid reason the corresponding adjustment.
45€ of management fees will be applied to the Renter by Drivy if the Renter doesn’t report spontaneously a damage he is responsible for during the walkaround inspection.
The Renter has to make sure he returns the Vehicle in the area defined with the Owner, or at most 5 minutes away or 400m away than the initial area.
The Renter has to make sure he returns the Vehicle in an authorized area for parking at the moment where he returns the Vehicle and for the 2 days following. It means he has to pay attention not to park the Vehicle on delivery spots or market spots. If the Renter doesn’t respect this rule and an infraction ticket results of it, the Renter will be held responsible for paying the ticket, and 15€ management fees.
According to the parking rules previously stated, if the Vehicle if taken to the pound following the restitution of the Vehicle by the Renter, the Renter will be held responsible for the payment of the infraction according to this table :
- Car impounding : 170€
- Pound fees : 29€ per day
- Initial infraction ticket amount
The Renter has to get the Vehicle back within the 3 days following the car impounding, after collecting the needed documents from the Open Owner.
If the Renter doesn’t take care of getting the car back, 45€ of management fees will be applied to the Renter;
An extra penalty of 30€ will be charged to the Renter if a following rental for the Vehicle needs to be cancelled.
The management of the fees and penalties described here will be charged through Drivy.