Car rental agreement
Drivy provides a pre-completed rental agreement to ensure the transaction between the owner and the driver is simple and secure.
The owner will be able to access the agreement under "Your rentals" once the rental has been booked and paid for on the website. They are responsible for bringing along the agreement at check-in, either on paper or on their mobile phone. The driver details, provided on the website and inserted automatically into the rental agreement, must match exactly for the insurance to be valid and the security deposit system to work in the event of damage.
Rental Agreement Clauses
The Rental Agreement makes reference to the Clauses below. Thus, by signing the Rental Agreement, the Owner and the Renter fully agree to all the clauses below without reservation.
Due to the document size, the Clauses are not printed with the Rental Agreement. However, if you wish, you can print these detailed Clauses and co-sign them.
1. Stakeholders of the Rental Agreement
The Rental Agreement is hereby concluded between the Owner and the Renter. It establishes the terms of Rental of the Owner’s Vehicle by the Renter.
Drivy is not a party to the Rental Agreement, but it is hereby understood and accepted by the Owner and the Renter that the Rental Agreement provides for the use of Drivy Services.
2. The Owner's responsibilities
The Owner hereby agrees to hire out an automobile Vehicle:
- that is in accordance with the requirements of the law or regulations of the country in which the Vehicle is registered;
- which has received maintenance as recommended by the manufacturer and for which the safety equipment is, to the Owner's knowledge, in perfect working order, notably the tyres, brakes, head and tail lights, steering, seat belts, as well as any safety equipment which is mandatory in the country in which the Vehicle is registered;
- which is up to date on its inspections in the country in which the Vehicle is registered;
- which is insured for at least one third of the year and covered by any mandatory insurance according to the laws in the country in which the Vehicle is registered.
- of which he/she remains the owner throughout the entire duration of the Rental or for which the Owner can provide express authorisation from the owner and which, in all cases, the Owner is authorised to rent out;
The Owner shall decline to hire out the Vehicle if he/she is aware of any technical problem affecting the Vehicle's safety.
3. The Renter's responsibilities
The Renter hereby agrees to:
- comply with the insurance terms available on the Drivy website;
- not significantly exceed the mileage indicated when making the booking on the website without informing the Owner;
- use the Vehicle reasonably and responsibly;
- return the Vehicle in a clean condition and with the same fuel level as that at the start of the Rental;
- not allow anyone else to drive the Vehicle;
- not abandon the Vehicle after an accident or a breakdown, and to keep it under his/her responsibility until the Owner or Drivy assistance can intervene.
4. Mileage driven
The price of the Rental determined on Drivy before the Rental is calculated according to the mileage declared in advance by the Renter.
If the mileage driven by the Renter is less than that initially planned, no mileage adjustment is owed.
5. Procedure in the event of an accident or theft
The Renter shall immediately inform the police or the competent authorities in the event of an accident involving persons, theft, loss, fire, damage caused by wildlife, or other damage, and obtain a report certifying the conditions under which the incident occurred.
The Renter is also hereby obligated to inform the Owner of any event affecting the Vehicle, as soon as possible.
The Renter hereby agrees, in the event of an accident with a third party, to strictly follow the "Renter Instructions" provided by the Owner at the start of the Rental.
If a repair is necessary, the Renter shall inform the Owner and obtain the Owner's authorisation before undertaking the repair.
In any case, the Renter shall have a maximum of five business days starting from the date of the accident to report an accident to Drivy, by sending an email to the Drivy customer service department, using the contact information mentioned in the "Contact information and customer service business hours" section of the legal notices. After this time, the insurance (as well as the excess reduction) shall not cover the accident, and all expenses shall be payable by the Renter. The Renter shall in any case not await the end of the Rental to report his/her accident.
6. Responsibility in the event of an accident or theft
The Renter is responsible for the Vehicle in his/her possession, throughout the duration of the Rental provided for in the Rental Agreement.
The Vehicle, as well as all accessories made available to the Renter, shall be returned in the condition reported by both parties at the start of the Rental, and at the date and time provided for in the Rental Agreement.
In the event of theft, damage caused to the Vehicle or to its accessories due to the fault of the Renter or in the absence of fault of an identified third party, or if the Vehicle is not returned, the Renter shall be responsible for all costs incurred.
If new instances of damage are discovered at the end of the Rental, the Renter hereby agrees to immediately leave the Owner a security deposit. The amount of this security deposit is the amount of the insurance excess in the event of an accident, as specified in the Rental Agreement.
The Renter and the Owner also hereby agree to the following conditions:
- In the event of a puncture, the tyres shall be the Renter's responsibility. If the Owner has to change two tyres following a puncture, the Renter shall immediately pay for the replacement of one tyre, as well as 50% of the cost of the second tyre. If the puncture is due to unusually worn tyres, all expenses shall be payable by the Owner.
- In the event of the loss or theft of the key to the Vehicle during the Rental, the Renter shall pay the cost of producing a new key to the Owner, and, if the Owner expressly requests it, 50% of the costs related to changing the cylinder and the full set of keys.
7. Responsibility in the event of a breakdown
The Owner shall be responsible for the upkeep of his/her vehicle, therefore mechanical and electronic breakdowns are the Owner's responsibility. Drivy insurance does not cover breakdowns.
However, if the Owner feels that the Renter is responsible for a breakdown following use of the vehicle that is in violation of the terms of the Rental Agreement, the Owner may appoint an independent expert to certify this. Responsibility for the breakdown shall be determined based on the expert report. If the Renter is found to be responsible for the breakdown, he/she shall pay for all of the repairs generated, as well as the costs of the expert assessment undertaken by the Owner if necessary.
In the event of a breakdown not linked to use of the vehicle in violation of the terms of the Rental Agreement, the Renter may interrupt the Rental Agreement and be reimbursed for the unused Rental time.
If the Renter commits a motoring offence resulting in a fine, he/she shall pay the cost of the fine. If the Renter receives a penalty notice or thinks they committed a motoring offence recorded by an automatic monitoring system, they must inform the Owner when returning the vehicle.
The Renter shall pay a service charge of £15 (£10.50 paid to the Owner, £4.50 paid to Drivy for management costs, in addition to the amount of the fine) per fine received over the course of the Rental.
9. Compensation and penalties
If the Renter and the Owner would like to change the length of the Rental Agreement, they must make an extension request through the Website before the end of the Rental Agreement.
If the Renter returns the Vehicle late in relation to what had been agreed upon with the Owner, the Renter shall owe the following late penalties:
- If the Vehicle is returned less than 24 hours after the return time planned between the Owner and the Renter: £5 per full hour late, payable to the Owner.
- If the Vehicle is returned more than 24 hours after the return time planned between the Owner and the Renter: £120 penalty payable to the Owner, in addition to an additional £30 penalty per full day of late return, also payable to the Owner. The Renter shall also owe any additional full Rental days, billed at the normal rate of a Rental extension. Any mileage or fuel adjustments shall also be payable by the Renter. It should be noted that, in accordance with the Terms of Insurance, the Renter shall not be covered by Drivy Insurance in the event of damage to the Vehicle. In the event of a delay of more than two day, a theft complaint may be lodged by the Owner with the competent authorities.
The Renter also hereby agrees to compensate the Owner:
- £15 in the event that the non-smoking nature of the Vehicle is violated;
- £15 if the Vehicle is unusually dirty outside;
- £15 if the Vehicle is unusually dirty inside.
If the cleaning requires the intervention of a professional (stains on the seats, extremely dirty inside, etc.), the Renter shall pay the invoice prepared by this professional.
10. Use of Drivy insurance
The Owner's Vehicle was rented using the Drivy site, therefore, subject to compliance with the Drivy insurance terms, the use of the Vehicle by the Renter is covered by the insurance policy taken out by Drivy.
If the insurance terms are respected, the Renter may request the use of the Drivy insurance within the limits of the operating terms of this insurance.
If the Owner or the Renter causes a lapse in insurance coverage by not respecting the terms, the Renter hereby agrees to personally assume all of the consequences of a potential accident.
11. Use of Drivy roadside assistance
The Renter may, in the event of a breakdown or accident involving the Vehicle, use the Drivy roadside assistance
The Renter shall immediately inform the Owner if the roadside assistance is used.
12. Use of the Drivy payment service
The Owner and the Renter may use the Drivy payment service for any payment owed by one party to the other. For example, these payments may be for:
- Price updates for mileage driven
- Offsetting for fuel level differences
- Compensation and penalties provided for in Article 9 of the present Rental Agreement Clauses
13. Use of the Drivy security deposit service
The Owner may also use the Drivy security deposit service to recover sums owed by the Renter if necessary, subject to compliance with the Rental Agreement Clauses.
14. Application of the Rental Agreement
In the event of a disagreement in the application of the Rental Agreement, the Renter and the Owner hereby agree to seek an amicable solution.
If the disagreement persists, the Renter and the Owner may call upon the Drivy reconciliation service in order to find a solution to the dispute.
In the event that reconciliation using the Drivy reconciliation service is unsuccessful, the Owner and the Renter may turn to the competent court.
15. Provisions specific to the Rental Agreement concerning only rentals made using the Drivy Open service.
15.1 Provisions specific to the start and end of the RentalObligations of the Open Owner before the Rental:
Before any Drivy Open rental, the Open Owner must prepare a walkaround inspection report of his/her vehicle. This walkaround inspection takes the form of 4 diagrams representing the Vehicle. Each of these diagrams is augmented by photographs of the details of the various instances of damage to the Vehicle. These photographs of details are marked on the photos of the Vehicle using virtual "dots," accompanied by a descriptive text.Obligations of the Renter before the Rental:
Before starting his/her Drivy Open Rental, the start of which is linked to the opening of the doors of the Vehicle, the Renter must review the Vehicle walkaround inspection report and compare it to the actual condition of the Vehicle. The Renter must report to the Open Owner any additional damage using a photo, before taking possession of the Vehicle. The Renter shall be held responsible for any damage not logged on the walkaround inspection and not reported by the Renter before the start of his/her Rental.Obligations of the Renter after the Rental:
At the end of his/her Rental, the Renter shall report any damage that occurred during his/her rental, at his/her own initiative. Failure to report damage incurs a penalty as defined in Article 15.2 of the present Rental Agreement Clauses.
At the end of his/her Rental, the Renter shall take at least 8 wide shot photos around the Vehicle. If the Owner or the following Renter report damage, these photos will be there to protect the Renter. Therefore, it is imperative that they be usable and of good quality. In the event of deliberately unusable photos, the Renter could be held liable for the damages caused.Obligations of the Open Owner after the Rental:
The Open Owner shall have 2 days after the end of a Rental to report additional damage to his/her Vehicle. He/she shall provide photos to illustrate his/her claim.
15.2 Specific rules and penalties linked to the Drivy Open service and to parking at the end of the Rental
The Renter shall make sure he/she returns the Vehicle to the area agreed upon with the Owner.A £5 management charge will be billed to the Renter by Drivy if the Renter does not return the Vehicle with the same fuel level, and disputes the corresponding adjustment without a valid reason.
A £45 management charge will be billed to the Renter by Drivy if the Renter does not personnally report damage for which he/she is responsible according to the walkaround inspection procedure.
The Renter must make sure he/she returns the Vehicle to the area agreed upon with the Open Owner, or a 5 minute walk or a maximum of 400 m further from the Vehicle collection area planned initially.
The Renter must make sure he/she returns the Vehicle to an area where parking is permitted at the time the Vehicle is returned and for the next 2 days. Particular attention should be paid not to avoid leaving the Vehicle in delivery bays or areas where parking has been temporarily suspended. If the Renter does not comply with this rule and a fine is issued, the Renter shall be responsible for paying this fine, in addition to a £15 management charge.
According to the parking rules mentioned above, if the Vehicle is impounded after being returned by the Renter, the Renter shall be held responsible for paying the fine according to the following scale:
- towing: £170
- impound fees: £29/day
- cost of the initial fine
The Renter must get the Vehicle back within 3 days of the car being impounding, after collecting the required documents from the Open Owner. If the Renter fails to organise the return of the vehicle, a £45 management charge 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 charges and penalties described herein shall be paid through Drivy.