General Rental Conditions

Glossary

The “renter” refers to the natural or legal person in whose name the rental agreement is established. If the renter is an individual, they are also the main driver and the signatory of the contract. If the renter is a legal entity (e.g., company, association, etc.), then the main driver is the signatory of the contract.

The “lessor” refers to the company operating the recreational vehicle rental business under the brand name VAN-AWAY.

The “vehicle” refers to the van, campervan, or caravan rented by the lessor to the renter. The “vehicle” is described in the contract and the handover inspection report given to the renter. Please note: Roof tents are not considered vehicles and are therefore subject to the insurance conditions described in the document below.

The rental “contract,” concluded between the lessor and the renter, includes the general rental conditions (below), the vehicle inspection report drawn up contradictorily at the time of handover and return of the van, the invoice, and a security deposit.

The rental of a vehicle from the lessor, formalized by the establishment and signature of a rental contract, implies the renter’s unreserved acceptance of the general rental conditions. We therefore recommend that you read them carefully.

ARTICLE 1

What are the booking, pricing, payment, and cancellation conditions?

The main driver and, if applicable, the additional drivers mentioned in the contract must be over 23 years old and hold a valid driver’s license for more than three years.

The main driver renter must present, upon signing the rental contract:

• A valid ID

• Proof of address less than one year old in their name – original paper document or electronic document. Accepted documents:
  • Water, electricity, gas, or telephone bill (including mobile phone), or
  • Tax assessment notice or non-taxation certificate, or
  • Insurance receipt (fire, rental risks, or civil liability) for the dwelling, or
  • Property title or rent receipt
• Or proof of address less than three months old issued in the name of a person with whom the renter resides – original paper document or electronic document. Required documents:
  • Proof of address of the host, from the previous list, and
  • A copy of the host’s ID, and
  • A letter signed by the host certifying that the renter has resided with them for more than three months
• A valid driver’s license (duplicates or photocopies not accepted). The license must be:
  • Legible
  • Valid: the renter must hold a B license
  • Held for more than 3 years, by a person over 23 years old
  • For licenses issued outside the EU: Written in French or accompanied by an official translation. If not, an international permit must accompany the original license
• A payment method to proceed with the rental payment
• A credit card for the security deposit – amount not debited during the rental (details Article 5.2)

Warning: Failure to comply with these conditions or failure to provide any of these documents will result in the immediate cancellation of the contract, without restitution of the amounts paid by the renter for the van’s reservation.

ARTICLE 2

What are the booking, pricing, payment, and cancellation conditions?

2.1 – Rates

The rental rate is that communicated by the lessor on its website or in its quote. In the case of a quote, its validity is 48 hours, subject to the van’s availability.

The rental rate includes:

• Local taxes (prices mentioned are always inclusive of VAT)
• Accessories and van fittings
• Kitchen equipment
• Insurance and assistance (details Article 6)
• The chosen mileage package

2.2 – Reservation

Vehicle reservation is mandatory by payment of a deposit. The amount of this deposit – a percentage of the reservation – may vary depending on the agencies.

Sending a quote does not imply pre-booking the vehicle. The quote does not constitute an option on the vehicle rental. Consequently, the quote is always subject to vehicle availability on the day of its validation.

For this reason, the validity period of a quote is only 48 hours: after 48 hours, a quote can no longer be validated and must be re-issued.

2.3 – Payment

Payment of the deposit (at the time of booking) and the balance of the rental (on the day of departure) can be made by:

• Check (in euros)
• Credit card
• Bank transfer
• Cash (maximum: 1000€ per rental)
• Paper or dematerialized ANCV holiday vouchers (ANCV Connect). Warning: in this case, no refund will be offered in case of cancellation. For New Caledonia and Polynesia: ANCV payments cannot exceed 500€

The security deposit is made by credit card, on the day of departure, or a few days before departure (depending on the agency). The amount of this security deposit is not debited during the rental period (details Article 5.2). The renter authorizes VAN-AWAY to debit all or part of the security deposit in case of sums due (details Article 5.2.2)

2.4 – Cancellation (excluding French Polynesia)

2.4.1 – Cancellation by the renter, without cancellation insurance

In case of a reservation cancellation by the renter:

• Occurring more than 2 months before the rental start date: the deposit is refunded after deduction of a flat fee of 50 euros
• Occurring less than 2 months before the rental start date: the deposit is not refunded, unless the cancellation period allows the lessor to re-rent the vehicle for the cancelled period. Furthermore, if the renter wishes to use their own insurance to be reimbursed for the sums paid (deposit), they must first pay the full amount of their stay in order to obtain an invoice to present to their insurance company.

In case of cancellation less than 48 hours before departure or no-show on the day of departure, the balance will be automatically debited from the credit card used to pay the deposit.

2.4.2 – Cancellation by the renter, with cancellation insurance

In case of a reservation cancellation by the renter who has subscribed to the cancellation option:

• Occurring up to 10 days before the rental start date: the deposit is refunded, the lessor retaining only the amount of the cancellation insurance. The renter may also request to postpone their rental. In this case, if they wish, they will have to subscribe again to the cancellation insurance for this new rental.
• Occurring less than 10 days before the rental start date: the deposit is not refunded, unless the cancellation period allows the lessor to re-rent the vehicle for the cancelled period. Furthermore, if the renter wishes to use their own insurance to be reimbursed for the sums paid (deposit), they must first pay the full amount of their stay in order to obtain an invoice to present to their insurance company.

In case of cancellation less than 48 hours before departure or no-show on the day of departure, the balance will be automatically debited from the credit card used to pay the deposit.

2.4.3 – Early return by the renter, with cancellation insurance

In case of an early return by the renter who has subscribed to the cancellation option:

• A credit note for half the amount of the remaining days is granted for a future rental and can be used for 2 years
• No refund will be made

ARTICLE 3

What are the conditions for van handover and return?

3.1 – Description of the rented vehicle

The lessor makes available to the renter the reserved vehicle, characterized by:

• Its type (among our different ranges)
• The options and accessories it is equipped with

In case of vehicle unavailability (whatever the reason), the lessor undertakes to make every effort to provide the renter with a replacement vehicle as soon as possible. This vehicle may have different characteristics from the one reserved by the renter.

In this case:

• If the renter refuses the substitute vehicle, or the delay, their deposit will be fully refunded
• If the renter accepts the substitute vehicle, and, if applicable, the delay, the lessor adjusts the rental price according to the new vehicle and its fittings and accessories (only in the sense of a price reduction) and according to the new rental duration.

In the event that no substitute solution can be found by the lessor, the rental will be cancelled, and the renter’s deposit will be fully refunded.

3.2 – Van handover

The vehicle handover can take place at the lessor’s premises, or at any other delivery location offered by the lessor’s agency: airport, train station…

In the event that the renter picks up their vehicle at the lessor’s premises and leaves their own vehicle there for the duration of the rental, the lessor will not be held responsible for any breakdown, theft or attempted break-in, damage related to natural forces affecting their vehicle. These claims must be covered by the renter and their insurers.

The lessor hands over the vehicle to the renter in perfect working order, clean, with a full tank of fuel and fresh water, and equipped with all the administrative documents necessary for its circulation.

The condition of the vehicle (interior and exterior) is described and photographed in the handover inspection report, signed by the renter. The renter has the possibility, within 30 minutes following the signing of the inspection report, to contact the lessor to report a defect not identified during the van’s handover. After this period, the rented vehicle will be considered compliant with the inspection report signed at departure.

The lessor will not take into account claims concerning apparent damage that was not reported on the handover inspection report.

3.3 – Van return

The vehicle will be returned, unless otherwise stated in the contract, at the same location as its handover.

The return must take place on the date and at the time indicated in the rental contract.

• In case of a request for return after the date indicated in the contract, the renter must inform the lessor 3 days before the return date appearing on the contract.
• If the lessor agrees, the return date will be changed. In this case, the renter authorizes the lessor to debit the additional tariff calculated based on the website’s rental rate from the renter’s credit card.
• If the lessor does not agree, and the vehicle is not returned on the date fixed by the contract, a penalty of 200€ per day of delay will be charged, in addition to the rental rate calculated based on the website’s rental rate. The renter agrees that the lessor may debit these penalties from their credit card. Furthermore, the lessor may initiate criminal proceedings for non-return of the vehicle and breach of trust.
• In case of a return on the date indicated in the contract, but with a delay compared to the time indicated in the contract, the renter must inform the lessor as soon as possible. Any delay of more than one hour may be charged 50€ per hour.

In the event that they refuse to sign the van’s return descriptive report, the renter may mandate, at their own expense, an independent automotive expert to establish the return descriptive report.

Some agencies may offer self-return. We invite you to check the conditions with your agency.

The vehicle must be returned:

• Clean internally and externally: the vehicle must be in the same state of cleanliness as when the vehicle was handed over. In the case of subscribing to the cleaning package, the vehicle must be returned in an acceptable state of cleanliness (clean kitchen and dishes, emptied toilets, bodywork condition allowing the inspection report to be carried out…)
• With a full tank of fuel (filled within 10km of the return location)
• With trash emptied, wastewater drained, and toilets emptied and cleaned
• With all fittings and accessories provided at departure
• With its registration documents (or copies thereof) and all documents provided on the day of departure

Otherwise, any restoration costs will be borne by the renter (details of the renter’s financial responsibility in Article 5).

3.4 – Vehicle recovery by the lessor, with contract termination

The renter authorizes the lessor to terminate the rental contract and repossess the vehicle at any time in the following cases:

• The renter has not complied with the terms of the rental contract and the general conditions
• The renter has provided false information to the lessor
• The vehicle appears abandoned
• The vehicle has not been returned on the date specified in the rental contract
• Passengers or the vehicle are in danger
• The renter is in a situation of default or delayed payment.

ARTICLE 4

What is the renter’s responsibility towards the van?

The main driver renter is solely responsible for the van. They ensure the proper use, maintenance, and safekeeping of the vehicle and all documents and equipment entrusted to them.

4.1 – Van security

When the vehicle is unoccupied, the renter undertakes to park it in accordance with legislation, and to lock it, using the anti-theft devices provided by the lessor.

The renter must not leave the keys and registration documents (original registration certificate if provided) inside the van.

4.2 – Van maintenance

The renter is responsible for the cleaning and routine maintenance of the vehicle during the rental period, including:

• Cleaning the interior and exterior of the van
• Checking – visually or with a pressure gauge if necessary – tire pressure, and inflating them if necessary
  • In case of tire replacement due to a puncture, it must be done with tires of the same dimensions, same type, if possible same brand, and wear at least equal to the original ones. As a reminder, the two tires on the same axle must be identical in size, type, brand, and wear.
  • In case of tire repair, it must be permanent, not temporary, to ensure the renter’s safety for the rest of their trip, and for subsequent rentals.
• Checking oil levels and various fluids (brake, coolant…), every 5000 kms driven, and topping them up by a professional if necessary after notifying the VAN-AWAY agency beforehand ⇒ It is imperative to contact the lessor for the reference of maintenance products (oil, brake fluid, coolant…) to be used.
• Checking the fuel level, and adding fuel
• Checking warning lights (dashboard)

4.3 – Van usage

The renter undertakes to comply with the recommendations provided by the lessor when taking possession of the van. These recommendations relate to the driving of the van, the use of its original equipment, and the use of additional equipment added to the vehicle by the lessor.

The rental is strictly personal. The main driver renter undertakes not to allow the vehicle to be driven by anyone other than themselves and the additional drivers mentioned in the contract.

The main driver renter undertakes, for the entire rental period:

• To take care of the equipment provided, to respect the precautions for use, to avoid any non-compliant manipulation that would degrade the interior and exterior condition of the vehicle (examples: torn upholstery, torn pop-up roof canvas, severe degradation of trim and furniture…)
• To inform the lessor of the presence of a pet on board (fees according to agency)
• Not to drive under the influence of alcohol or drugs
• To respect the number of seats provided by the registration certificate
• To use the vehicle only for personal purposes
• Not to sub-rent the van, or carry out paid transport of persons or goods
• Not to overload the vehicle beyond the maximum authorized weight as defined on the registration certificate
• Not to exceed the maximum supported weight on the upper and lower beds in vans and campervans, i.e., 180 kg
• Not to tow another vehicle, nor use the rented vehicle to push another vehicle
• Not to transport dangerous goods
• Not to bring the vehicle into contact with salt water
• Not to drive off paved roads (fields, mud, sand, unpaved roads…) and not to drive on snow without the equipment provided by the lessor
• Not to smoke or vape in the van
• Not to use abrasive sponges for cleaning the interior and exterior of the van
• Not to climb on the roof of the van
• Not to travel to countries not covered by the insurance provided by the lessor (see list of countries on the green card)
• Not to drive after any potential withdrawal of their driver’s license

ARTICLE 5

What is the renter’s financial responsibility? How is it guaranteed?

5.1 – Renter’s financial responsibility

5.1.1 – Van maintenance

The renter is financially responsible for cleaning and maintenance operations necessary for the routine upkeep of the vehicle during the rental period, as described in Article 4.2:

• Interior and exterior cleaning of the van
• Adding fuel (diesel) during the rental period, and filling the tank at the end of the rental (done within 10km of the return location)
• Topping up oil and other fluids (e.g., Ad Blue, coolant…), if necessary, and by a professional, at the end of the rental, after notifying the VAN-AWAY agency beforehand.
• Replacement of gas reserves if necessary during the rental period

Vehicle restoration costs will be borne by the renter if the return inspection report indicates non-compliance with their responsibility regarding van maintenance:

• Application of a flat cleaning fee upon return of the vehicle (price according to agency) if it is returned dirty, and if the renter has not subscribed to the cleaning service at the beginning of the rental
• Fuel: in case of a non-full tank, fees will be applied (according to agency)

5.1.2 – Vehicle restoration costs – damages covered by insurance

The renter’s financial responsibility corresponds to the amount of their security deposit.

Refer to Article 6 for details regarding the insurance taken out by the lessor, and the conditions of damages covered by your rental contract.

5.1.3 – Vehicle restoration costs – damages not covered by insurance

The renter’s responsibility is fully engaged, up to the cost of restoring the vehicle rented by the lessor, in the case of damages not covered by insurance.

Refer to Article 6 for details regarding the insurance taken out by the lessor, and the conditions of damages and theft not covered by your rental contract.

5.1.4 – Fines

The renter is financially responsible for fines and penalties (financial and criminal) during the rental period: speeding, parking, etc.

The lessor will provide them, in case of a fine, with all necessary information for its payment. They must, after paying their fine, provide proof to the lessor.

In case of non-處理 (non-processing) by the renter of their fines, the renter authorizes VAN-AWAY:

• to debit from their security deposit the amount of the fines, and potentially any increases demanded by the authorities
• to charge them additional processing fees of 30€ for fines incurred in France and 90€ for fines abroad (depending on the agency)
• in addition, VAT fees will be added to the fine amounts

5.1.5 – Loss of keys and registration documents

In case of loss of the van keys and/or registration documents, the renter shall make the required declarations for the issuance of duplicates, and replace the items at their own expense.

In case of forgetting the keys inside the vehicle, and if it were to lock itself, all costs necessary for reopening and restoring the vehicle are at the renter’s expense.

5.2 – Guarantee of the renter’s financial responsibility: security deposit (or bond)

5.2.1 – Payment of the security deposit

Renting a vehicle from the lessor requires payment of a security deposit, the amount of which, depending on the options chosen for the rental, may vary from 1500€ to 2000€ (2400€ for New Caledonia). This security deposit covers all sums owed by the renter.

The amount of the security deposit is not debited during the rental period.

The security deposit is paid by credit card imprint.

The renter accepts that the lessor is authorized to cash in, if necessary, the sums owed by the renter under this contract. If the security deposit is established by credit card imprint, the renter accepts that the lessor may make a withdrawal corresponding to the sums owed.

5.2.2 – Refund of the security deposit

The security deposit is automatically refunded after the return of the van. This period may be extended until the renter fully pays any of the following additional fees:

• Van restoration fees
• Fines
• Late return penalties for the vehicle
• Excess mileage fees: 0.35 euros per additional kilometer.

In case of restoration fees observed upon return of the van, the renter authorizes VAN-AWAY to immediately debit all or part of the security deposit. If damages require expert assessment by a repairer or body shop, an invoice will be issued and sent to the renter after their return date.

In case of dispute of the amount(s) of the vehicle restoration fees, the renter will have the possibility to request, at their own expense, an expert appraisal carried out by an expert approved by the courts, within 10 days following the notification of payment request sent by the lessor.

The conclusions of this expert will be binding on both parties.

ARTICLE 6

What are the insurance and assistance included in the rental agreement?

6.1 – Insurance and assistance contract coverage

Insurance and assistance apply:

• For incidents and accidents involving the vehicle and third parties, under the responsibility of one of the drivers mentioned in the contract.
• In the countries mentioned on the green insurance card.
• During the rental contract period.
• Subject to the renter’s compliance with all their responsibilities regarding the van, as described in Articles 4.2 and 4.3.

In case of renter’s damage due to misuse, or an act of vandalism, their full responsibility is engaged. This type of damage does not therefore lead to an insurance claim.

6.1.1 Insurance

The insurance contract included in the rental comprises:

• Motor third-party liability insurance, to cover all damages caused by the drivers mentioned in the contract to themselves or to third parties:
  • damages to third parties: buildings, property, persons…
  • damages to vehicle passengers
  • personal driver guarantee
• Comprehensive insurance, theft and fire, natural disasters, and acts of vandalism to cover damages caused to the rented vehicle. In case of total or partial responsibility of the renter, this insurance includes an excess of 2000€ (2400€ for New Caledonia), covered by the renter’s security deposit.
  • This excess can be reduced to 390€ with the partial excess waiver formula offered by the lessor (service available depending on the agency)
  • The excess corresponds to the renter’s maximum liability in case of an at-fault claim covered by insurance
  • The excess applies for each event. Several excesses may therefore be applicable in case of non-concomitant claims.
• Glass breakage insurance. This insurance includes an excess of 300€, covered by the renter’s security deposit.

6.1.2 Van assistance

Vehicle assistance included in the rental agreement is available 7 days a week, 24 hours a day (New Caledonia Agency: contact the agency for specific arrangements), and includes:

• Assistance in filling out the amicable accident report
• Assistance in case of a flat tire
• Assistance in case of fuel breakdown
• Vehicle towing or on-site repair
• Accommodation in case of vehicle immobilization (under the conditions of the assistance contract)
• Repatriation to the lessor’s premises in case of vehicle immobilization (under the conditions of the assistance contract)

ATTENTION: in the event that the renter is repatriated by assistance and abandons the vehicle, if the renter does not have a written agreement from their VAN-AWAY agency, then the costs of repatriating the vehicle after repairs will be at their expense.

Assistance does not cover free of charge cases of vehicle immobilization in sand, mud, or snow.

In case of a claim requiring assistance intervention, call the number indicated on the document holder in your vehicle’s glove compartment.

In case of vehicle immobilization following an accident or incident, or following a theft, the assistance contract and the lessor do not offer any reimbursement to the renter for the interruption of their trip, nor any payment of damages.

6.1.3 Personal assistance

Personal assistance included in the rental agreement includes:

• Medical repatriation (under the conditions of the assistance contract)
• Coverage of a visit from a relative in case of hospitalization (under the conditions of the assistance contract)
• Sending medication abroad
• Reimbursement of medical and surgical expenses abroad (under the conditions of the assistance contract)

In case of a claim, call assistance at the number specified on the document holder in your vehicle’s glove compartment.

6.2 – Incidents not covered by the insurance contract

The following incidents and damages are not covered by insurance and engage the renter’s full financial responsibility:

• Damage to and theft of personal belongings of the renter and vehicle passengers
• Damage occurring if the rented vehicle’s driver is not mentioned in the contract
• Damage occurring in a country not mentioned on the green insurance card
• Damage occurring outside the rental period mentioned in the contract
• Damage occurring due to the renter’s non-compliance with their responsibilities regarding the maintenance and use of the van, as described in Articles 4.2 and 4.3.

Examples of uncovered damages:

• Use of unsuitable fuel
• Damage and degradation linked to careless use of the vehicle or act of vandalism (interior and exterior damage): Torn seats, broken or degraded elements, etc.
• Damage related to vehicle use in sand, mud, snow
• Damage caused by the renter’s state of intoxication or drunkenness
• Damage subject to incorrect or false information and/or declarations provided by the renter to the lessor and their insurer, or to the deliberate omission of information by the renter, or to the impossible exploitation of information provided by the renter (notably in the amicable accident report)
• Damage resulting from the non-transmission to the lessor of information relating to the claim (notably the amicable accident report)
• Damage following the abandonment or non-return of the vehicle within the deadlines mentioned in the rental contract by the renter
• Theft of the vehicle following its abandonment or non-return within the deadlines mentioned in the rental contract by the renter.

The renter agrees that the lessor is irrevocably authorized to collect sums owed by the renter to cover these costs, even if these sums exceed the amount of the security deposit.

6.3 – How insurance works in case of damage to the vehicle and/or a third party

Two cases may arise in the event of damage involving the vehicle rented by the lessor:

• Damages caused are entirely the responsibility of an identified third party: this third party’s insurance is financially responsible for the costs of restoring the third party’s vehicle and the vehicle rented to the renter.
  • Condition 1: the third party and the claim must be identified within an amicable report signed by both parties
  • Condition 2: the third party must be insured
• Damages caused are partially or totally the responsibility of the renter: their financial responsibility is engaged for the costs of restoring the rented vehicle.

The renter’s responsibility is established by the insurance company. Once responsibility is established, it is irrevocable, unless new elements are presented allowing them to revise their judgment.

In the event that the renter is involved in several claims during the rental period, each claim independently will result in the application of compensation according to the modalities above.

ARTICLE 7

What to do in case of incident, breakdown, or theft?

7.1 – What to do in case of an accident…

In case of a vehicle accident involving a third party, it is the renter’s responsibility to:

• Complete an amicable accident report (otherwise the renter will be deemed responsible) to describe the circumstances of the accident
• Identify the conditions of the claim, and the responsibilities of the different parties (renter and third party)
• Identify the third party: name, phone number, driver’s license number, registration number
• Notify the lessor immediately, so that the lessor can:
  • Declare the claim to the insurance company within 48 hours
  • Initiate the assistance procedure, if necessary

7.2 – What to do in case of an incident or breakdown…

In case of a van incident or breakdown, it is the renter’s responsibility to:

• Notify the lessor immediately, so that the lessor can initiate the assistance procedure, if necessary
• Not carry out any repairs or parts replacement without the lessor’s agreement
• Have invoices issued and kept, in the case of repairs or parts replacements carried out with the lessor’s agreement, in the lessor’s name. These invoices will be reimbursed by the lessor if the incident or breakdown corresponds to normal wear and tear and the renter’s responsibility is not engaged (see Article 4, renter’s responsibility).

7.3 – What to do in case of theft or attempted break-in…

In case of theft, or attempted break-in resulting in damage to the van, it is the renter’s responsibility to:

• Notify the lessor immediately so that the theft or attempted break-in and theft declaration can be made by the lessor to the insurance company within 48 hours
• File a complaint, within 24 hours of the facts, with the police station or gendarmerie closest to the location of the theft. You will be given a receipt of your declaration. This step allows for the initiation of searches. It will also be the means to release your responsibility if the thief causes an accident.

ARTICLE 8

Personal information and freedoms

8.1 – Use of personal information

The renter agrees that the lessor collects personal information concerning them (address, telephone number, email…).

This information is confidential and will not be disclosed by the lessor.

This information will be used by the lessor:

• To ensure the camper vehicle reservation and the establishment of a rental contract
• To populate the lessor’s customer database (archiving customer information after rental, sending promotional offers with the renter’s agreement…)
• To resolve any disputes and enforce the general rental conditions.

8.2 – Access, modification and retention of personal information

In accordance with the law, the renter has a right to access, communicate, modify, rectify, and delete personal information collected by the lessor. They can exercise this right by writing by postal mail or email to the lessor’s agency with which they contracted the rental.

The lessor will archive personal information on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of Article 1348 of the Civil Code. The lessor’s archives will be considered by the parties as proof of communications, reservations, payments, and transactions between the parties. These archives are accessible to the renter upon simple request by postal mail or email addressed to the lessor’s agency with which they contracted the rental.

8.3 – Mediation

In case of a dispute, and after a written complaint to our services that has remained unsuccessful, you can
free of charge refer the matter to the FNA Mediator for an amicable resolution of your dispute.

Postal address:
Le Médiateur FNA Immeuble Axe Nord
9 & 11 avenue Michelet
93583 Saint Ouen Cedex

Website: www.mediateur.fna.fr

Please consult the FNA Mediator’s website for any information relating to the mediation process, and to submit your file online.