Rental company terms of service

These Rental Company Terms define the conditions under which the Publisher provides the Rental Company with an online listing and matchmaking service allowing it to publish vehicle listings and receive Customer requests. The Publisher acts as a technical intermediary and is never a party to the rental agreement entered into directly between the Rental Company and the Customer.

The service is remunerated exclusively through a subscription taken out by the Rental Company, according to the plans and rates presented on the Pricing page. The Publisher collects no commission on rentals: amounts related to the rental (price, security deposit, options) are collected directly by the Rental Company, outside the Platform. [If applicable, specify here any future change to the model — commission, premium services — which would be subject to an amendment accepted by the Rental Company.]

• Plans: subscription tiers, their limits (number of vehicles, promotion options) and their prices appear on the Pricing page; prices are exclusive of tax, with applicable VAT added where relevant.
• Billing cycle: monthly or annual, with the annual option benefiting from the discount indicated on the Pricing page.
• Trial period: a free trial period of [duration] may be offered; no amount is charged before it ends.
• Payment: subscriptions are processed by the payment provider Stripe; the Rental Company authorizes recurring charges corresponding to the chosen plan.
• Payment default: in the event of a failed payment not resolved within [period], the Publisher may suspend publication of the Rental Company's listings until the situation is resolved.
• Price changes: the Publisher may change its rates; any change is notified to the Rental Company at least [period] before it takes effect and applies at the next renewal.

The rental company account is reserved for professionals lawfully engaged in vehicle rental. Prior to any publication, the Rental Company undergoes the verification procedure ("Know Your Business") and provides in particular: a company registration extract less than three months old, the identity of the legal representative, proof of insurance covering the provision of vehicles to third parties, and any required supporting documents. Verification is a precondition for publication but does not constitute a guarantee or approval of the Rental Company by the Publisher.

Throughout the term of the agreement, the Rental Company warrants that it will:

• conduct its activity in accordance with applicable regulations and hold all necessary authorizations, registrations and insurance (in particular insurance covering rental to third parties and professional civil liability insurance);
• ensure the accuracy and currency of its listing information (specifications, price, deposit, options, availability, rental conditions);
• hold the rights to the published photographs and content and not infringe any third-party rights;
• handle Customer requests diligently, fairly and without discrimination;
• establish and apply its own rental conditions, and be solely responsible for entering into and performing the rental agreement (condition report, deposit, claims, traffic fines, disputes);
• not circumvent the Platform for fraudulent purposes or compromise its security.

The Publisher undertakes to provide the service diligently, to implement reasonable means to ensure the availability of the Platform and the security of data, and to provide support according to the level provided for by the subscribed plan. This is an obligation of means. The Publisher may change the Platform's features provided this does not substantially degrade the subscribed service.

Promotion options (boosts, positioning) are described on the Pricing page and in the rental company dashboard. The main criteria used to rank listings and their key parameters are communicated in accordance with the transparency obligations applicable to online platform operators. No promotion option guarantees a volume of requests or rentals.

The Viarenty brand, interface, databases and source code remain the exclusive property of the Publisher. By publishing content, the Rental Company grants the Publisher a non-exclusive, worldwide license, for the duration of the agreement, for the sole purposes of operating, promoting and displaying the Platform. The Rental Company indemnifies the Publisher against any third-party claim relating to this content.

As part of the relationship, the Rental Company and the Publisher exchange personal data relating to Customers. The roles and obligations of each party under the GDPR are defined in the data processing agreement (DPA), which the Rental Company accepts jointly with these Terms and which forms an integral part of the agreement.

As the Publisher is not a party to the rental agreement, it assumes no liability for the performance of rentals (availability, vehicle condition, claims, unpaid amounts, Customer disputes). To the fullest extent permitted by law, the Publisher's liability under the service is limited to direct damages and capped at the amount paid by the Rental Company under the subscription during the [12] months preceding the event giving rise to liability. The Publisher is not liable for indirect damages (loss of business, revenue, data or reputation).

• Term: the agreement takes effect upon subscription and continues for the chosen subscription period.
• Renewal: the subscription automatically renews for an identical period, unless cancelled before the renewal date.
• Termination by the Rental Company: the Rental Company may cancel at any time from its dashboard; cancellation takes effect at the end of the current period, with no pro-rata refund, unless mandatory law provides otherwise.
• Termination by the Publisher: in the event of a serious breach (fraud, non-payment, infringement of third-party rights, failure to comply with the obligations of Article 5), the Publisher may suspend and then terminate the account after formal notice left without effect, except in cases of urgency.
• Effects: termination results in the removal of listings; obligations arising prior to termination survive.

Each party undertakes to preserve the confidentiality of the other party's non-public information of which it becomes aware in connection with the agreement, during its term and for [duration] after its expiry, subject to legal disclosure obligations.

A party's liability may not be engaged in the event of non-performance due to a force majeure event within the meaning of Article 1218 of the French Civil Code and the case law of French courts.

The Publisher may assign this agreement as part of a reorganization or a transfer of business. The parties are independent contractors; the agreement creates no partnership, agency or employment relationship between them.

These Rental Company Terms are governed by French law. In the event of a dispute, the parties will endeavor to find an amicable solution. Failing this, and as this is a relationship between professionals, the dispute will be brought before the Commercial Court of [city], regardless of multiple defendants or third-party proceedings.