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Glossary

The "tenant" means the natural or legal person in whose name the rental contract is established. If the renter is a natural person, he is also the main driver and the signatory of the contract. If the tenant is a legal person (examples: company, association, etc.) then the main driver is the signatory of the contract.

The "renter" designates the company carrying out the activity of rental of leisure vehicles under the brand name Buena Onda.

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The rental "contract", concluded between the lessor and the lessee, includes the general rental conditions (below), the description of the rented equipment is drawn up contradictorily with the provision and return of the equipment, the invoice, and the security deposit.

The rental of a roof tent and its accessories from the lessor, formalized by the establishment and signing of a rental contract, implies the acceptance without reservation of any kind by the tenant of the general conditions of rental. We therefore recommend that you read them carefully.

SPECIAL NOTE COVID19: you can consult the specific conditions related to your reservations during the post-lockdown period.

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ARTICLE 1 – WHAT CONDITIONS MUST THE TENANT FILL? WHAT DOCUMENTS MUST BE PROVIDED?

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The main driver and, where applicable, the additional driver mentioned on the contract, must be over 18 years old and have a valid driving licence.

The main driver tenant must present, when signing the rental contract

–       A valid identity document with the same name as the gray card of the vehicle used for the rental .

–       For permits issued outside the EU: Written in French or accompanied by an official translation. If not, an international permit must accompany the original permit

–       A check in his name for the payment of the security deposit – amount not cashed during the rental (details article 5.2)

Warning: Non-compliance with these conditions or the non-issuance of one of these documents will result in the immediate cancellation of the contract, without refund of the sums paid by the tenant for the reservation of the equipment to be rented.

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ARTICLE 2 – WHAT ARE THE CONDITIONS OF RESERVATION, PRICES, PAYMENT, CANCELLATION?

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2.1 –  Reservation

The reservation of a roof tent by the tenant is done in 3 steps:

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1. Reservation request made by the tenant, including his choices in terms of type of roof tent, accessories and fittings, and dates. This request can be made:

– Directly on the Buena Onda website:   www.la-buenaonda.fr

– Directly, by e-mail or telephone, with the lessor (see contact details on the website)

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2. Confirmation in return by the lessor to the lessee of availability, by e-mail, including an estimate mentioning the dates, the model of roof tent (and its fittings and accessories), and the price applied. The period of validity of the quote is one month from the date of dispatch.

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3. Payment by the tenant of a deposit of 50%, with a minimum of 50 euros, of the rental price, by credit card, bank transfer or Paypal. The reservation is effective only at the time of receipt by the lessor of this deposit.

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2.2 – Rates

The rental price is the one communicated by the lessor in the quote, sent at the time of booking.

The rental price includes:

– The price of the rental of the roof tent according to the tariff period

– Accessories and fittings added to the roof tent

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2.3 – Payment

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

- By credit card

- By transfer

- Cash

The security deposit is made by check. The amount of this security deposit is not cashed during the rental period (details in article 5.2).

The tenant authorizes Buena Onda to debit all or part of the security deposit in the case of sums due (details article 5.2.2)

In the event of non-payment or non-payment (exceeding the payment deadline)

– Upon reservation (deposit payment): the reservation is canceled

– At the provision of the roof tent: the rental is canceled, without refund of the deposit already paid

– After the provision of the roof tent (non-payment of the rental amount after the departure of the tenant):

– The rental contract is cancelled. The tenant is notified by telephone (Call + SMS + Mail)

– The roof tent must be returned immediately

– Amounts already paid are not refunded (deposit)

– In the event of non-return of the roof tent on the scheduled day of the end of the rental contract, €200 will be charged per day of delay. The tenant accepts that the lessor takes these penalties from his credit card. In addition, the lessor can initiate criminal proceedings for non-return of the roof tent and breach of trust.

2.4 – Cancellation

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2.4.1 – Cancellation by the tenant, excluding cancellation insurance

In the event of a reservation cancellation by the tenant:

– Occurring more than 2 months before the rental start date: the deposit is returned after deduction of a lump sum of 20 euros.

– Occurring less than 10 days before the start of the rental: the deposit is not returned, unless the roof tent can be re-rented by the rental company.

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ARTICLE 3 – WHAT ARE THE CONDITIONS FOR PROVIDING AND RETURNING ROOF TENTS?

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3.1 – Description of the rental roof tent

The lessor provides the lessee with the reserved roof tent, characterized by:

– Its model (among our different ranges)

– The options and accessories that equip it

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In the event of unavailability of the roof tent (due to breakdown, accident, delay of the previous tenant, etc.), the lessor undertakes to make every effort to provide the tenant with a replacement roof tent, as soon as possible. This roof tent may have different characteristics from that reserved by the tenant. In this case :

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– If the tenant refuses the replacement roof tent, or the delay, his deposit will be fully returned to him (Note: a roof tent of the same range, but with a different decoration from that requested, does not constitute a reason for cancellation rental by the tenant)

– If the lessee accepts the replacement roof tent, and, if applicable, the delay, the lessor adjusts the rental price according to the new roof tent and its fittings and accessories (in the sense of a price reduction only) and according to the new rental period.

In the event that no alternative solution can be found by the lessor, the rental will be canceled and the deposit of the tenant will be fully returned to him.

Under no circumstances may the customer claim damages to cover:

– The impossibility for the lessor to ensure the rental over the planned period, or

– The delay in delivery of the roof tent, or

– The replacement of a reserved roof tent with a replacement roof tent

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3.2 – Provision of the roof tent

The roof tent can be made available at the rental company's premises, or at any other delivery location offered by the rental company's agency: airport, train station, etc.

The days and times when the roof tent is available are

– For a rental of more than 5 days: the agreed day of the start of the rental, from 2.30 p.m.

– For any other day or time, contact us

The lessor hands over the roof tent to the lessee in perfect working order and cleanliness.

The condition of the roof tent (interior and exterior) is described in the “Descriptive condition” sheet of the rental contract. The tenant and the lessor undertake to record in writing, before departure, any apparent defect. The tenant has the possibility, during the first 20 kilometers of his trip, to contact the lessor to report an unidentified defect during the provision of the roof tent. After this period, the rented roof tent will be considered as conforming to the condition described on this sheet.

The lessor cannot take into account complaints concerning visible damage that has not been reported on the “Description” sheet.

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3.3 – Return of the roof tent

The return of the roof tent will be made, unless otherwise stated in the contract, at the same place as its provision.

The days and times for returning the roof tent are:

– The day of the end of rental, until 11:00 a.m. Return possible and without supplement until 4 p.m., if the roof tent is not re-rented

– For any other schedule, contact us

– Thank you for your punctuality for the good preparation of the roof tent for the following tenants.

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

– In the case of a return request after the date indicated on the contract, the tenant 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 tenant authorizes the lessor to proceed with the debit, on the tenant's bank card, of the tariff surplus calculated on the basis of the current rental rate (low / medium / high season).

– If the lessor does not agree, and the vehicle is not returned on the date set by the contract, the delay is charged €200 per day of delay, in addition to the rental rate calculated on the basis of the rate rental in progress (low / medium / high season). The tenant accepts that the lessor takes these penalties from his credit card. In addition, the lessor can initiate criminal proceedings for non-return of the vehicle and breach of trust.

– In the case of a return on the date indicated on the contract, but with a delay in relation to the time indicated on the contract, the tenant must inform the lessor as soon as possible, and at the latest on morning of the day of return. Any delay of more than one hour may be charged €50 per hour.

In the event that he refuses to sign the descriptive statement of return of the roof tent, the tenant accepts that the lessor has recourse to an independent expert to establish the descriptive statement of return, and that the cost of this speaker be billed.

The roof tent must be returned:

– The roof tent must be returned in an acceptable state of cleanliness (kitchen and dishes clean, condition of the interior and exterior of the roof tent allowing an inventory to be carried out)

Otherwise, any repair costs will be borne by the tenant (details of the financial responsibility of the tenant in article 5).

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3.4 – Recovery of the roof tent by the lessor, with breach of contract

The tenant authorizes the lessor to terminate the rental contract and to repossess the roof tent at any time in the following cases:

– The tenant has not respected the terms of the rental agreement and the general conditions

– The tenant has provided the lessor with misleading information, for example, a number of occupants lower than the reality, false documents...

– The roof tent looks abandoned

– The roof tent was not returned on the day specified in the rental contract

– Passengers or the vehicle are endangered

– The tenant is in default or late payment.

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ARTICLE 4 – WHAT IS THE RENTER'S RESPONSIBILITY FOR THE ROOF TENT?

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The main driver renter is solely responsible for the roof tent. He ensures the proper use, maintenance and custody of the roof tent and all the documents and equipment entrusted to him.

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4.1 – Safety of the roof tent

When the roof tent is empty of occupants, the tenant agrees that it is parked in accordance with the legislation

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4.2 – Maintenance of the roof tent

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

– Cleaning the interior and exterior of the roof tent

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4.3 – Use of the roof tent.

The tenant agrees to respect the recommendations provided by the lessor when taking charge of the roof tent.

These recommendations relate to driving with the roof tent, the use of its original equipment, and the use of additional equipment added to the roof tent by the rental company.

The rental is strictly personal. The main driver hirer undertakes not to let anyone other than himself and the additional drivers mentioned in the contract drive the vehicle.

The main driver tenant agrees, throughout the rental period:

– To take care of the equipment provided, to respect the precautions for use, to avoid any non-compliant handling which would aim to degrade the internal and external condition of the roof tent (examples: deformation of the floor of the roof tent, tearing of the roof tent canvas, severe degradation, etc.)

– To inform the renter of the presence of a domestic animal on board (possible costs according to agency)

– Do not drive while intoxicated

– Do not drive under the influence of drugs

– To respect the number of places provided in the roof tent.

– To use the roof tent only for personal purposes

– Do not sublet the roof tent

– Not to transport people or goods for a fee

– Not to overload the roof tent beyond the maximum authorized weight as defined by the lessor.

– Not to transport dangerous goods

– Do not bring the roof tent into contact with salt water

– Do not smoke or vape in the roof tent.

– Not to drive after the possible withdrawal of his driving license

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ARTICLE 5 – WHAT IS THE FINANCIAL RESPONSIBILITY OF THE TENANT? HOW IS IT GUARANTEED?

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5.1 – Financial responsibility of the lessee and the lessor

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5.1.1 – Maintenance of the roof tent

The tenant is financially responsible for the cleaning and maintenance operations necessary for the routine maintenance of the roof tent during the rental period, as described in article 4.2:

– Interior and exterior cleaning of the roof tent.

The costs of repairing the vehicle will be borne by the tenant, in the event that the inventory of fixtures of return indicates a non-respect of his responsibility relating to the maintenance of the roof tent.

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5.1.2 – Vehicle repair costs – damage covered by insurance

The tenant's financial responsibility corresponds to the amount of the security deposit.

Refer to article 6 for details relating to the insurance taken out by the lessor, and the conditions of damage covered by your rental contract.

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5.1.3 – Roof tent repair costs – damage not covered by insurance

The responsibility of the tenant is fully engaged, up to the costs of repairing the roof tent rented by the lessor.

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5.1.4 – Violations

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

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5.1.5 - Liability of the lessor in the event of damage to the vehicle of the lessee or a third party

In the event that the roof tent causes damage to the lessee's vehicle or to a third party, the lessor cannot be held liable unless the damage in question is carried out directly by the natural person in charge of installing the roof. roof tent or its removal.

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5.2 – Guarantee of the financial responsibility of the tenant: deposit in the amount of the value of the new roof tent

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5.2.1 – Payment of the security deposit

The rental of a roof tent from the rental company requires the payment of a security deposit of an amount equivalent to the new value of the roof tent, i.e. between €1000 and €2000, regardless of the level of protection selected by the tenant. This security deposit covers all amounts owed by the tenant (see below, section 5.2.2)

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

The payment of the security deposit is made by check or cash.

The lessee accepts that the lessor is authorized to collect, if necessary, the sums due by the lessee under this contract. If the security deposit is established by check or in cash, the tenant accepts that the lessor establishes a direct debit corresponding to the sums due.

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5.2.2 – Return of the security deposit

The security deposit, if paid by check, is returned after joint verification of the roof tent upon receipt by the lessor. This period may be extended until full payment by the tenant of the following possible costs:

– Roof tent repair costs.

– Tickets

– Late penalties in case of late return of the roof tent

In the case of repair costs noted when returning the roof tent, the tenant authorizes Buena Onda to immediately debit all or part of the security deposit:

– excessive cleaning fees, late fees

– Following material damage and first estimate by Buena Onda staff. If this damage requires expertise from an expert, an invoice will be drawn up and sent to the tenant after his return date. This invoice will give rise either to additional payment by the tenant, or to a reimbursement from Buena Onda in the case of an overpayment.

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ARTICLE 6 – WHAT TO DO IN THE EVENT OF AN INCIDENT OR THEFT?

6.1 – What to do in the event of an accident…

In the event of a vehicle accident involving a third party, it is the tenant's responsibility:

To complete an amicable insurance report (failing this the tenant will be held responsible) allowing:

– To identify the conditions of the disaster, and the responsibilities of the different parties (tenant and third party)

– To identify the third party: name, telephone number, driver's license number, registration number

To notify the lessor immediately, so that the lessor can:

– Launch the assistance procedure, if necessary

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6.2 – What to do in the event of an incident or breakdown…

In the event of an incident on the roof tent, it is the tenant's responsibility:

– To notify the lessor immediately, so that the lessor can initiate the assistance procedure, if necessary

– Not to carry out any repair or replacement of part, without the agreement of the lessor

– To establish and keep, in the case of repairs or replacement of parts carried out with the agreement of the lessor, the invoices in the name of the lessor. These invoices will be reimbursed by the lessor if the incident or breakdown corresponds to normal wear and tear and the tenant's liability is not engaged (see article 4, tenant's liability).

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6.3 – To do in case of theft…

In case of theft or attempted theft resulting in damage to the roof tent, it is the responsibility of the tenant

– To notify the lessor immediately so that the declaration of theft or attempted break-in and theft is made by the lessor

– To lodge, within 24 hours of the incident, a complaint at the police station or the gendarmerie closest to the place of the theft. You will be given a receipt for your declaration. This approach makes it possible to trigger searches. This will also be the way to clear your responsibility if the thief causes an accident.

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ARTICLE 7 – PERSONAL INFORMATION AND FREEDOMS

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7.1 – Use of personal information

The tenant accepts that the lessor collects personal information concerning him (address, telephone number, e-mail, etc.).

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

This information will be used by the lessor:

– To ensure the reservation of the roof tent and its accessories and the establishment of a rental contract

– To feed the lessor's customer base (archiving of customer information following the rental, sending of promotional offers with the tenant's agreement, etc.)

– To settle any dispute and enforce the general rental conditions.

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7.2 – Access, modification and retention of personal information

In accordance with the law, the tenant has a right of access, communication, modification, rectification and deletion of the personal information collected by the lessor. He can exercise this right by writing by post or e-mail to the rental agency with which he 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 lessee on simple request by post or e-mail addressed to the agency of the lessor with which he contracted the rental.