Car Sharing — Continued (6.10–14.1)

6.10 End of Rental

If the Customer wishes to terminate a rental, they shall be required to:

a)    Inquire about parking options approved by the service provider in the relevant city. The Customer shall properly park the vehicle in accordance with applicable traffic regulations;

b)  Not end a rental on private or commercial premises (e.g., private garages, courtyards, etc.) that are not explicitly designated as parking lots by the service provider. This prohibition also applies to parking lots at shopping centers, restaurants, etc., as well as parking lots at universities or other similar institutions;

c)   Return the vehicle with the same fuel level as when received;

d)  Return the keys (if the vehicle has any), the fuel card or charging card, and, if applicable, the parking card, by placing them in the designated holder;

e)  Ensure that the handbrake is engaged, that all windows and doors are properly closed, and that all lights are turned off;

f)   Ensure that no trash or significant dirt has been left inside the vehicle; and

g)  The rental of an internal combustion engine vehicle can only end if the remaining range, as displayed in the vehicle, is greater than 15 km.

7. Booking Process

It is specified that a Car cannot be rented on the Platform between Users who are related (parents, grandparents, children, brothers and sisters, grandchildren, etc.) or living under the same roof, or working for the same company for professional Accounts. 

      Booking Options

There are two options for booking a Car:

Approval by the Owner

The Renter sends a Booking request to the Owner, who is notified by email/SMS/push notification and must decide whether or not to accept the Rental.

When the Owner accepts, the Renter is notified by email and will be informed of how the Booking Price will be paid: either charged directly to their credit card, or the Renter will need to return to the Platform to pay or make a bank transfer. The Rental is confirmed once payment has been made and both Owner and Renter have received confirmation by email;

If the Owner declines or does not respond within 24 hours, the Renter is informed by email and must restart the procedure to book a Car.

Instant Booking

 Once the Rental has been paid for by the Renter, the Booking will be automatically confirmed to the Renter on behalf of and for the benefit of the Provider, without the latter needing to review the request and explicitly accept it. Aside from this specificity, the Owner remains bound by all obligations set forth in the Terms of Service.

Once the Booking request has been sent (Owner approval option) or the booking is confirmed (Instant Booking option), the Owner and the Renter will have access to each other's contact details to request additional information if necessary. 

Any offer to pay outside the Platform or at a price different from the one indicated in the Listing will be considered a breach of the Terms of Service by both Users and may result in the suspension or termination of the account of the User concerned.

8. Inspection Before and After the Rental (what must be stated in the contract)

  • The Exterior and Interior of the Car

 The Customer must:

➜ inspect all components of the Car (bodywork, seats, dashboard, rims, accessories, etc.);

➜ take photos of the Car from all angles;

➜ report any damage already present in/on the car and take clear, close-up photos of the corresponding damage (including scratches on the car's bodywork). It is the Customer's responsibility to take the best quality photos possible (even if conditions are not optimal, such as at night or in the rain).

  • Fuel/Energy Level and Mileage,

The Customer must:

➜ indicate the fuel/energy level and the number of kilometers driven; and ➜ take a photo of the dashboard to retain proof of these levels/mileage. 

  • Level of Cleanliness (Interior/Exterior) 

➜ the Provider must do their best to hand over a clean Car to the Renter;

➜ the Customer must return the Car in the same state of cleanliness;

➜ If the Car is dirty during inspection, the Customer must indicate this in the Rental Agreement and take a photo of the dirtiness. 

  • When must all the above-mentioned inspections be performed?

➜ At the beginning and at the end of all Rentals;

➜ photos of the Car only need to be taken at the end of the Rental if the Car was not returned in the same condition (i.e. damaged or dirty).

  •  By whom and how should these inspections be carried out?

➜ Photos are taken by the Owner on their phone. They are sent to MonEvasion only in the event that the Car has been damaged or dirty during the Rental;

 ➜ Renters may take photos of the Car with their phone if they wish; Photos must be retained for at least 3 months after the end of the Rental.  If the person taking the photo knows they risk losing it, notably due to a phone change, it is their responsibility to send it to MonEvasion in advance by email.

➜ If damage is noticed on/in the Car (whether at the start or end of the Rental), the Owner and Renter describe the damage in the Rental Agreement and/or incident report, and both sign next to the description.

9. Verification and Signing of the Rental Agreement

The User(s) present during vehicle pick-up verify that all information appearing on the Rental Agreement is correct and sign it (on paper or electronically), thereby binding the User(s) to this Rental Agreement. 

For paper-format Rental Agreements, the Owner and Renter may add comments during the inspection before and after the Rental, and both Renter and Owner must sign next to the comment.

For electronic Rental Agreements, Users can add comments via the Application on the relevant Rental page during the inspection before and after the Rental.

Once the Rental has started (i.e. the Rental Agreement is signed and the Car engine is started), the condition of the Car at the time of pick-up can no longer be disputed by the Renter thereafter.

 The Owner must inspect their Car prior to any personal use. When the Owner starts the Car after a Rental, they are deemed to have accepted the Car as is, and will bear the costs of any damage declared after the Rental. 

 The Customer and Provider must, upon Car pick-up, verify that all information on the Rental Agreement is correct and sign it (on paper or electronically), thereby binding the User(s) to this Rental Agreement. The starting and ending mileage of the rental must be stated on the agreement.

Once the Rental has started (i.e. the Rental Agreement is signed and the Car engine is started), the condition of the Car at the time of pick-up can no longer be disputed by the Renter thereafter.

The Owner must inspect their Car prior to any personal use. When the Owner starts the Car after a Rental, they are deemed to have accepted the Car as is, and will bear the costs of any damage declared after the Rental. 

10. Rules and Fees Applicable to Rental

Compensation/adjustments may be performed automatically or upon request by Users.  Requests must be sent to MonEvasion within the following deadlines after the end of the Rental:

➜ One year for traffic fines;

➜ 60 days for parking invoices;

➜ 90 days for all costs related to toll usage during a Rental;  ➜   2 business days for all other compensation/adjustments.

Failing to request compensation/adjustments and/or to provide requested documents within the required timeframes mentioned above:

MonEvasion will not collect compensation, adjustments, and/or unpaid fine/parking fee amounts;

The Owner must contest unpaid fines or parking fees directly with the private company, parking manager, administration, or public agency and obtain compensation or an adjustment directly from the Customer.

Compensation/adjustments are billed by MonEvasion after verification of all information (e.g., photos, comments) provided by the Provider and previous/subsequent Customers. 

Failing to properly complete the Rental Agreement, MonEvasion will not perform any adjustment or compensation.

For compensation requiring third-party services (e.g., repair, cleaning, repatriation), MonEvasion will accept invoices sent by the Owner provided the price aligns with average market rates for both service (e.g., replacement) and purchased materials, if applicable. MonEvasion will be particularly vigilant if the service provider is an affiliated company or recurring partner. The Customer will not be billed for any increase in compensation/adjustment requested by the Owner if such increase is due to a late payment by the Owner. The Customer may register the Car's license plate on parking/toll/charging station apps/websites of an operator or public authority for the purposes of their Rental (i.e. to facilitate parking payment, avoid receiving a fine...), which the Provider authorizes. The Customer must remove the license plate registration once the Rental is complete.

Failing to do so, all costs incurred after the Rental will be borne by the Customer.    Users may contest compensation/adjustments by sending supporting documentation to MonEvasion. 

11. Modification

MonEvasion may modify these Terms at any time. If MonEvasion makes material changes to these Terms, MonEvasion will publish the revised Terms on the MonEvasion platform and update the "last updated" date at the beginning of these Terms. MonEvasion will also notify you of any material changes by email, platform notification, messaging service, or any other method at least 30 days prior to their effective date. If you disagree with the revised Terms, you may immediately terminate this agreement as provided in these Terms. If you do not terminate the agreement before the effective date of the revised Terms and continue to access or use the MonEvasion platform, you will be deemed to have accepted the revised Terms.

12-Taxes

12.1 Provider Taxes

Providers are informed that income earned from renting their Vehicle may be subject to taxation or levies. For commercial hosts, income must be considered business income. As a Provider, you are responsible for determining and fulfilling your obligations under applicable laws to declare, collect, remit, or include in your price any VAT or other indirect taxes, occupancy taxes, tourist taxes, income taxes, or other applicable taxes ("Taxes").

12.2 Tax Information

In certain countries, tax regulations may require us to collect or report tax information about you, withhold Taxes from your payouts, or both. If you fail to provide documentation deemed appropriate to support such tax withholding obligation on your payouts, MonEvasion may withhold payouts up to the amount required by law until appropriate documentation is provided. You agree that MonEvasion may issue invoices or similar documents on your behalf for VAT, GST, consumption tax, or other taxes for your Accommodation Services in order to report accurate income.

13. Fees

MonEvasion may charge fees (and applicable taxes) to Providers and Guests for the right to use its platform. All applicable fees are disclosed to Guests prior to Booking. Unless otherwise stated on the platform, service fees are non-refundable. MonEvasion reserves the right to change service fees at any time and will notify Members of any fee changes before they take effect.

13.1. Fees Paid by Providers

 Fees paid by Providers generally range between 3% and 15% of the booking total, excluding protection fees paid by guests. All provider fees, guest protection fees, and applicable taxes are deducted from the host's payout.

13.2. Fees Paid by Customers

Service fees paid by customers range between 3% and 15% of the booking subtotal.

 

14. Insurance and Solidarity Protection Plan

MonEvasion is not an insurance company and does not insure providers or customers. The protections offered to providers and customers through the Services are in no way assimilated to insurance. It is an agreement between MonEvasion and Provider and Customer members on how damage occurring during the rental period will be covered. These protection contributions are placed in a special account, referred to as the member protection fund, administered and managed by MonEvasion for a fee amounting to between 15% and 30% of the fund total. This fund will serve to pay for damage caused to members, reinvest, and make donations. To be eligible for protection plan benefits, providers and customers must comply with these Specific Terms.

 

Note 1: Many private passenger auto insurance policies exclude coverage for peer-to-peer car sharing. This means your policy likely does not insure the vehicle during the reservation period, so you will receive assistance under our protection plan. However, some policies may occasionally offer coverage.

 

Note 2: If you use a remote key exchange solution, you must secure any key left inside your vehicle in a lockbox and, if applicable, change the combination after each trip.

14.1 Specific Conditions for Providers

Solidarity protection plans are offered in Canada, the United States, the United Kingdom, and European Union member countries.

A- Solidarity Protection Plan in Canada, the United States, the United Kingdom, and European Union Member Countries.

a-Personal Insurance Requirements for Providers

To register as a Provider on MonEvasion, you must hold two-way or comprehensive personal insurance, comply with all applicable laws and regulations regarding registration and insurance, and select one of the solidarity protection options offered to providers. You also agree that your listings may be modified and corrected by MonEvasion.

b- Mandatory Solidarity Protection Option for Providers

Providers are required to choose one of the solidarity protection options offered by MonEvasion. Solidarity protection options include physical damage coverage, but this coverage is not insurance.

 

c- Solidarity Protection Plan

Protection plans are provided to providers to cover costs related to damage (including total loss), minus the applicable deductible (up to the cash market value of the vehicle or CAD $100,000, whichever is lower). Plans vary in terms of benefits offered. Providers may select plans with higher deductibles. Solidarity protection plans are not insurance; they represent an agreement between MonEvasion and provider members on how damage will be covered. The plan cannot account for vehicle theft unless you have activated a tracking device to locate and protect your vehicle. Such devices include, but are not limited to, AirTags, real-time streaming dashcams to your phone, GPS units, and hidden telematics systems inside the vehicle. Providers must disclose to MonEvasion and customers the presence of these technologies and tracking devices.

 

d- Plan Cost

The cost of protection for Canadian, American, and European Providers depends on the plan. You contribute a percentage of the rental price to cover the cost of a protection plan, in addition to the fee percentage helping cover platform operating costs.

 

e- Summary of Provider Solidarity Protection Plans

There are two vehicle protection plans for providers in Canada, the United States, the United Kingdom, and European Union countries: Solidarity Protection Plan A and Solidarity Protection Plan B. 

The plans offer varying reimbursement levels depending on whether you choose your own repair vendor or pay for repairs through MonEvasion for damage