General Terms and Conditions
General Terms and Conditions for Motor Vehicle Rental – “Pistons Vagabonds”, dated 25/02/2025
These General Terms and Conditions are intended to regulate the rental of motor vehicles (mopeds, motorcycles, etc.) by the company “Pistons Vagabonds”, hereinafter referred to as the “Lessor”, to the Lessee. By signing the rental contract, the Lessee accepts without reservation all the terms and conditions set forth hereinafter.
1. Subject Matter of the Contract
1.1 Nature of the rental
The Lessor makes available to the Lessee a vehicle under conditions of safety and compliance with applicable standards. The rental concerns the vehicle and related equipment (helmet, gloves, anti-theft lock, saddlebags, etc.) for a specified duration. The Contract defines the terms and mutual obligations of both parties.
1.2 Vehicle provided
The Lessor undertakes to provide a vehicle (moped type) in good working condition, compliant with safety standards. The vehicle shall be accompanied by equipment necessary to ensure the Lessee’s safety during the rental period (helmet and liner, gloves, anti-theft lock). The Lessor undertakes to provide the vehicle with a full fuel tank.
2. Effective date, delivery and return of the vehicle
2.1 Vehicle verification
Before signing the Contract, the Lessee and Lessor proceed together to verify the vehicle. This verification ensures that the vehicle is in good condition and that all safety conditions are met. Any damage or defect must be reported immediately.
2.2 Date and time of delivery
The rental Contract becomes effective as from the date and time mentioned in the Contract. The delivery of the vehicle to the Lessee is conditional upon signature of the Contract and payment of the amount due.
2.3 Vehicle return
The Lessee undertakes to return to the Lessor the vehicle and its accessories in the same condition as when taken in charge. The return must take place on the date and time agreed upon in the rental Contract. In case of late return, any overage of hours shall be charged at €25 per hour of delay.
2.4 Extension of the rental
The Contract is valid only for the duration of the rental concluded and defined. If the Lessee wishes to extend the rental period, they must obtain prior consent from the Lessor. The extension shall be charged at the current rate, calculated on the basis of the hourly or daily rate specified in the original contract.
If the Lessee keeps the vehicle beyond this period without having regularized their situation as indicated above, they lose the benefit of all guarantees provided in these General Terms and Conditions and in the Contract.
2.5 Signature of the Contract
By signing the Contract, the Lessee acknowledges having received the rented vehicle, accompanied by its basic equipment (indicated in Article 1.2 as well as its accessories, where applicable) in good working condition.
3. Obligations of the Lessor
3.1 Compliant delivery
- The Lessor warrants that the vehicle made available to the Lessee complies with applicable legislation, is in working order, accompanied by elements necessary for the Lessee’s safety indicated in Article 1.2, and its accessories (where applicable).
- The Lessor undertakes to provide the vehicle on the agreed date and time and for the rental period defined in the Contract.
- The Lessor undertakes to provide the rented vehicle with a full fuel tank.
- The Lessor also provides the Lessee with documents necessary for legal use of the vehicle: copy of the rental contract, proof of insurance and an amicable settlement form.
3.2 Vehicle insurance
The Lessor subscribes to insurance covering risks related to vehicle rental. However, the Lessor’s insurance does not cover damages caused by misuse of the vehicle (incidents due to carelessness, driving under the influence of alcohol or drugs, etc.).
The Lessor cannot be held responsible for damages to the vehicle resulting from improper use or for mechanical incidents resulting from handling contrary to technical specifications.
Our two-wheelers are insured with Mutuelle des Motards, legal protection and basic personal injury cover.
Personal effects, baggage and material damages caused to the vehicle are not covered and are subject to the security deposit.
The Lessee is not insured in the following cases:
- If the vehicle is not returned on the scheduled date according to the terms of the Contract, the insurance shall be suspended immediately after the maximum period allowed in Article 5.5 and the vehicle shall be declared stolen within 24 hours.
- When the Lessee uses the vehicle for an activity other than the use for which they are authorised (delivery, etc.) as defined in Article 4.5.
- When the Lessee is unable to return to the Lessor the original keys of the anti-theft lock and/or of the vehicle (where applicable) after discovering its theft, and if the theft is attributable to them. In such cases, they shall be liable for payment of the value of the vehicle as estimated by an expert.
- When the Lessee is in a state of intoxication as defined by the Highway Code, or when they have used drugs or legally prohibited narcotics, or when they have consumed medicines, whether prescribed or not, whose instructions specify that their use is likely to cause a state of drowsiness.
- When damage to the vehicle occurs whilst the vehicle has not been returned on the date specified in the contract, unless an extension has been accepted by the Lessor (written confirmation attached), this case being assimilated to driving against the Lessor’s wishes and to embezzlement of the vehicle.
- If the Lessee has deliberately provided the Lessor with false information concerning their identity and/or contact details and/or the validity of their driving licence. The Lessee must in particular warn the Lessor of any loss or suspension of a valid driving licence during the rental period. The same applies in case of false declarations on the amicable settlement form or the claim declaration or the description of the vehicle’s condition upon return.
4. Obligations of the Lessee
4.1 Age and driving licence conditions
The Lessee must be 18 (eighteen) years of age or older and hold a valid driving licence (category A, B or AM licence) for more than 1 (one) year. The Lessor shall require presentation of proof of a driving licence at the time the rental contract is established.
4.2 Vehicle use
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The vehicle is made available to the Lessee for strictly personal use only. The Lessee undertakes not to lend the vehicle, nor to sublet it to third parties, nor to use it for commercial activities such as delivery or transport of goods. The vehicle must only be used for rides respecting the routes specified by the Lessor.
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The Lessee undertakes not to work on the vehicle in case of breakdown without prior consent from the Lessor. The Lessee undertakes to notify Pistons Vagabonds at the contact number provided in Article 17 hereinafter.
4.3 Compliance with safety rules
The Lessee undertakes to comply with applicable safety rules, in particular the wearing of a helmet and gloves. Non-compliance with these rules may result in penalties and immediate termination of the rental Contract, without reimbursement. The Lessor cannot be held responsible in case of incident related to the non-wearing of a helmet or gloves, the Lessee assuming full responsibility in case of non-compliance with these rules.
4.4 Responsibility in case of accident
The Lessee is responsible for all accidents, damage or loss occurring during the rental period, whether caused by their behaviour or not. They must immediately inform the Lessor in case of incident and follow accident reporting procedures.
4.5 Prohibition of modifications and subletting
The Lessee undertakes not to modify the vehicle (even temporarily), not to transport persons other than those specified in the Contract, nor to use it for errands, competitions or any other unauthorized use, nor to tow a trailer or load.
4.6 Use of the anti-theft lock
The Lessee undertakes to systematically use the anti-theft lock provided with the vehicle at every stop, ensuring it is attached to a fixed element (post, barrier, etc.).
5. Rental terms, duration and rates
5.1 Terms
The Lessee must present original proof of identity (identity card, driving licence or passport), an original driving licence as well as a copy in order to be able to enter into a rental contract.
5.2 Pricing
Rental rates are set by the Lessor and are clearly indicated on the Contract. Prices are expressed in euros, inclusive of all taxes, and include the vehicle rental, safety equipment, basic insurance, full fuel tank and technical assistance.
5.3 Duration
The rental duration is defined in the Contract at the time of signature by both Parties. It is established between the start and end of rental and is expressed in hours.
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Start of rental: the rental becomes effective when the Lessee takes possession of the vehicle. It occurs at the time of signature of the Contract.
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End of rental: the date and time of end of rental are specified on the Contract and defined at the time of its signature.
In case of extension, refer to Article 2.4 hereof.
5.4 Additional fees
In case of late return of the vehicle, additional fees shall be charged. The rate applied in case of extension of the rental, as indicated in the Contract, is €25.
5.5 Late return
The Lessor allows a maximum of 30 additional minutes beyond the scheduled return time as defined by this Contract. Any arrival beyond this period shall be considered as late return and shall be charged at the hourly rate defined in the Contract (€25).
5.6 Security deposit
A security deposit of €700 shall be requested at the time of signature of the rental Contract to cover any damage or loss of the vehicle. This security deposit shall be returned after verification of the vehicle’s condition at the end of the rental period.
6. Distance travelled and mileage limitation
6.1 Mileage limitation
All vehicles have a daily limited mileage according to the package offered.
The characteristics and fuel tank capacity of mopeds impose a limited mileage evaluated at approximately 70 kilometres. Any exceeding of the mileage limit may therefore cause the vehicle to break down and shall fall under Article 6.2.
6.2 Out-of-fuel breakdown due to exceeding mileage limit
In case of an out-of-fuel breakdown caused by exceeding the mileage limit, the Lessee shall bear the costs incurred for towing the vehicle (flat rate of €35). The Lessor may offer to refuel or to repatriate the vehicle.
The Lessee is prohibited from refuelling themselves. The fuel tank shall be filled by the Lessor alone before the rental and shall be sufficient to complete the planned journey. In case of an out-of-fuel breakdown, the Lessee must imperatively contact the Lessor and not unilaterally decide to refuel themselves.
7. Insurance and liability
7.1 Insurance coverage
The vehicle is covered by basic insurance, which includes risks related to vehicle circulation, as well as the Lessee’s civil liability. However, exclusions may apply in case of misuse of the vehicle.
Personal effects and luggage transported by the Lessee are not covered by the Lessor’s insurance.
7.2 Deductible and liability
Upon signature of the Contract and before the vehicle and its equipment are handed over to them, the Lessee pays a mandatory security deposit of €700 per vehicle, which aims to make the Lessee responsible, on the one hand, for the importance of returning the vehicle and its equipment in good condition and, on the other hand, for the risks of theft.
In case of a claim, the Lessee shall pay the amount of the deduction defined in Article 7.3, which may be deducted from the security deposit. The Lessee remains responsible for all damage caused to the vehicle, even in case of theft or vandalism, unless the Lessee can prove that the incident was due to a vehicle defect.
The amount of the security deposit shall not be cashed in during the rental period. It shall be returned in full at the end of the rental Contract, as soon as the vehicle, its equipment and accessories have been returned by the Lessee to the Lessor and only if no damage is then observed by the Lessor.
In case of loss or theft of keys or the anti-theft lock, responsibility lies with the Lessee, who must cover the replacement costs.
7.3 Deduction schedule
In case of defect and/or damage observed or non-return of the vehicle, all or part of its equipment and/or accessories, a deduction from the security deposit shall be made according to the following schedule:
- If the Lessee does not return the vehicle, the entire security deposit shall be retained by the Lessor and the vehicle shall be declared stolen. A theft report shall be filed with the competent authorities.
- If the Lessee is unable to return all or part of the equipment and/or accessories, the amount equivalent to the cost of the missing item(s) shall be deducted from the security deposit according to the following schedule:
- Helmet: €80
- Gloves: €30
- Saddlebag: €25
- Anti-theft lock: €15
- In case of damage to the vehicle by the Lessee or a third party, resulting from negligence, an accident or any other reason, the amount equivalent to the cost of restoring the vehicle shall be deducted from the security deposit.
- In case of late return of the vehicle by the Lessee and refusal by the Lessee to pay the necessary additional amount as mentioned in Article 5.4 hereof, the amount owed to the Lessor shall be deducted from the security deposit before return.
7.4 Justification documents
The Lessor shall provide upon request all supporting documents (quotations or invoices) required to justify the amount of any deduction made from the security deposit. Such supporting documents shall include all interventions to be carried out to replace or restore the vehicle.
8. Procedure in case of breakdown, accident or theft
In case of breakdown, the Lessor undertakes to provide assistance within a maximum of 1 hour 30 minutes after notification. If a breakdown is deemed attributable to the Lessee, the latter may be charged the repair costs.
9. Responsibilities in case of breakdown - Assistance
It is the responsibility of the Lessor to maintain the vehicles, and mechanical breakdowns are therefore the Lessor’s responsibility.
In case of breakdown, the Lessee is required to notify the Lessor immediately and to indicate their position in order to benefit from assistance as soon as possible.
The Lessor undertakes to provide assistance, towing or transport of the vehicle within a maximum of 1 hour 30 minutes after the Lessee has reported the breakdown to them. If necessary, at the Lessor’s discretion, a replacement vehicle may be provided. An extension of the rental duration shall be allowed with the Lessor’s agreement.
However, if the Lessor considers that the Lessee is responsible for the breakdown due to use of the vehicle not in conformity with the clauses of these General Terms and Conditions of rental or the rental Contract, the Lessor may appoint an independent expert to certify this. Following the contradictory expert assessment undertaken, the responsibility for the breakdown shall be determined. If the Lessee is found responsible for the breakdown, they must pay for all induced repairs and any expert fees possibly incurred by the Lessor.
10. Cancellations
10.1 In the case of a cancellation request made by the Lessee, this request shall be subject to the Lessor’s cancellation policy. In order to secure a booking, a Lessee must pay a deposit of 40% (forty per cent) of the total booking amount.
The Lessee has a legal cooling-off period of 72 hours from the date of booking, unless the rental begins within 72 hours following the date of booking.
Beyond this, the Lessee may cancel their booking outright, in which case the booking deposit shall be retained in accordance with the following provisions:
- Between 72 and 48 hours: 30% of the reservation amount
- Between 48 and 24 hours: 50% of the reservation amount
- Less than 24 hours: 70% of the reservation amount
- If cancellation occurs 72 hours before the rental date, no deduction shall apply.
If the Lessee does not appear on the departure date, they shall not be entitled to any refund.
10.2 In the case of cancellation made at the request of the Lessor, the latter undertakes to refund in full to the Lessee the deposit paid upon confirmation of the booking. The reasons for cancellation of a booking by the Lessor are generally related to safety or unavailability aspects. Examples (non-exhaustive): weather conditions likely to endanger the Lessee, technical problems related to the rented vehicle not guaranteeing safe use, events beyond the Lessor’s control (road blockages, demonstrations, etc.).
10.3 The Lessor reserves the right to refuse a rental in cases where the Lessee would show any sign of altered state or intoxication. In this specific case, the Lessor shall retain 40% (forty per cent) of the total reservation amount. In the event of a dispute with the Lessee regarding their condition at the time of rental, the Lessee shall be required to prove their condition with negative results from appropriate tests and only carried out by healthcare professionals.
10.4 In case of unfavourable weather conditions, the Lessor reserves the right to cancel any service. The decision shall be made on the day of the rental (and not defined by any meteorological service the day before or the week before). If the weather is simply poor, the activity shall take place. In case of heavy rainfall, the activity shall be cancelled and an alternative date shall be sought jointly, or in case of impossibility of new dates, the customer shall be refunded in full for their reservation, where applicable.
11. Violations and fines
11.1 Responsibility for fines
The Lessee is responsible for all violations or fines related to the use of the vehicle during the rental period. This includes road traffic violations, irregular parking and any other violation related to vehicle use.
11.2 Settlement of fines
In case of a violation, the Lessee must settle fines directly with the competent authorities. The Lessor reserves the right to charge the Lessee administrative fees in case of processing of fines or incidents related to the rental.
12. Prohibitions
12.1 Persons under the age of 18 (eighteen) years, even if holders of an AM licence (formerly BSR, road safety certificate) are not authorized to rent or use any of the vehicles available for rental by the Lessor.
12.2 The vehicles available for rental by the Lessor are reserved exclusively for leisurely use. Any other use is prohibited, namely delivery, errands, service provision, without these examples being exhaustive.
12.3 The vehicle is intended exclusively for use on roads or passable paths, in strict compliance with the route indicated by the Lessor. It is strictly prohibited to use the rented vehicle on dirt roads, sand roads and, in any case, assimilated to “off-piste”, such as on a cross or enduro terrain, public or private.
12.4 Vehicles cannot be used at night.
12.5 It is strictly prohibited to perform any acrobatic manoeuvres with the vehicle (skids, rear wheel “wheeling”, front wheel “stoppie”, etc.).
12.6 No verbal modification of the rental Contract shall be valid. Any modification of all or part of the Contract clauses must be done in writing.
13. Lessor’s exemption clause
The accessories and equipment provided with the vehicle cannot be transferred, pledged or modified by the Lessee. The Lessee generally undertakes not to grant any real or other right with respect to the rented vehicle, its equipment and accessories to the benefit of anyone, likely to affect its enjoyment or limit its availability or the Lessor’s full ownership.
14. Termination clause
Upon expiration of the rental period provided for in the contract and in case of non-return or in case of non-payment of a partial invoice, the Lessee remains responsible for the vehicle and equipment and accessories in their possession. Their return is mandatory upon expiration of the scheduled rental period, under the penalties provided for in Article 314-1 of the new Penal Code, without there being any need to send a notice by registered letter with acknowledgement of receipt and without the Lessee being able to invoke any impediment.
15. Payments and payment methods
The entire service must be paid by the Lessee no later than at the time of signature of the Contract in case of immediate delivery of the vehicle.
In the case of a booking, the Lessee is required to pay a deposit of 40% of the total reservation amount in order to be able to confirm it.
The payment methods accepted by the Lessor are cash, cheque or bank transfer for the settlement of reservations and security deposits.
16. Disputes and jurisdiction
16.1 Settlement of disputes
In case of a dispute between the Lessor and the Lessee concerning the application of the Contract, the Parties undertake to attempt to resolve the difference amicably before any legal action.
16.2 Competent jurisdiction
The rental Contract and these General Terms and Conditions are governed by French law. In case of disagreement not resolved amicably, the competent jurisdiction shall be that of the court of the Lessor’s registered office.
17. Contact
If the Lessee needs to contact the Lessor for any question, to request assistance or to report an incident, please call Stéphane TOLLEC at +33 6 26 73 37 80.
For any written correspondence, please address:
Pistons Vagabonds
6, rue Pierre de Coubertin
35230 BOURGBARRÉ
France