Terms & Conditions – Two-Wheel Rentals
General Rental Terms and Conditions
The term “Lessor” refers to Le Madina, whose corporate name appears on the contract. The Lessor rents to the Lessee or their co-obligor, whose signature appears on the contract, the vehicle described under the clauses and conditions set out in the contract and in these terms, which they accept and undertake to comply with.
Article 1 – Use of the vehicle and related exclusion of insurance cover
Failure to comply with any of the obligations described in this article will result in the loss of insurance cover, including any additional cover if subscribed, without prejudice to the exclusions provided for by law.
The Lessee declares that they are fit to drive the rented vehicle and are not aware of any medical contraindication. The Lessor cannot be held liable for damage resulting from the Lessee’s unfitness. The Lessee undertakes not to allow the vehicle to be driven by anyone other than themselves or persons approved by the Lessor, for whom they act as guarantor, in accordance with Article 1384 of the French Civil Code. They also undertake that the vehicle will not be used:
for the paid transport of passengers and/or goods, or in competitions or tests, even on a private track, unless previously agreed by the Lessor,
by a person under the influence of alcohol, drugs or any other substance likely to affect driving, nor by the Lessee themselves in such circumstances,
for unlawful purposes,
in an overloaded condition, for example when the rented vehicle carries a number of passengers higher than that shown on the registration certificate,
by persons other than those named in the contract, subject to the Lessor’s prior authorisation and provided that such persons are at least 20 years old and hold a valid driving licence for more than 2 years for scooters; minors must provide written authorisation signed by their legal representative (with the representative’s ID) allowing them to rent a bicycle, an electrically assisted bicycle or an e-scooter,
on roads unsuitable for traffic, such as tracks (presence of mud or sea water that may cause premature wear to vehicle components).
The Lessee also undertakes:
to comply with all driving rules set out in the Highway Code,
to keep the vehicle in good working order and immediately inform the Lessor in the event of breakdowns, impacts or perceived defects,
for scooters, to keep the steering lock system engaged and to activate the anti-theft alarm with which the vehicle is equipped during periods when the vehicle is not in use, keeping the keys and the remote control of the alarm with them,
never to transfer this contract, sell, lend, assign, sublet, mortgage or pledge the vehicle, its equipment or tools, nor deal with them in any way that may prejudice the Lessor.
Any breach of one of these undertakings entitles the Lessor to formally require the Lessee to return the vehicle immediately.
Article 2 – Vehicle condition and accessories
The Lessee acknowledges having received the vehicle in perfect working order. The Lessee declares having personally inspected the vehicle jointly with an employee or a person authorised by Le Madina.
For the scooter:
The vehicle is provided with a full tank of fuel and must be returned with a full tank. If the vehicle is returned without a full tank, a flat fee of €30 will be charged. The vehicle is provided clean and must be returned in the same condition. If the vehicle is returned dirty, a flat fee of €40 will be charged.
The vehicle is equipped with an anti-theft alarm and a remote control provided at the time of rental. The remote control is not waterproof and must not get wet. If the remote control is returned damaged, a flat fee of €80 will be charged.
A chain-type lock + padlock with an SRA-type key is provided. In case of loss of the key or the lock, a flat fee of €160 will be charged. The Lessee must use this lock on one of the wheels and on a non-removable part of the scooter and attach it to a fixed point during periods when the vehicle is not in use. A second lock may be rented by the Lessee (subject to availability).
One open-face helmet and one pair of gloves compliant with NF/EU standards are provided. Their use is mandatory. It is possible to rent a second helmet, a second pair of gloves or a motorcycle jacket (subject to availability). The Lessee is responsible for the equipment provided. In case of loss or damage, the following amounts will be charged:
€75 per adult helmet lost or damaged
€95 per child helmet lost or damaged
€280 per child seat lost or damaged
€40 per poncho lost or damaged
€5 per high-visibility vest lost or damaged
€35 per pair of gloves lost or damaged
€120 per jacket lost or damaged
€145 per top case lost or damaged
For bicycles, electrically assisted bicycles and e-scooters:
The vehicle, equipment and accessories are deemed to comply with current regulations at the time of rental and to be in good working order. The equipment and accessories are installed in accordance with safety standards. The Lessee undertakes to use the equipment carefully and within their abilities, to follow the instructions for use and safety, and to use the vehicle and equipment under normal conditions. The rented equipment (vehicle and accessory(ies)) remains the exclusive property of the Lessor throughout the rental period. The Lessee undertakes to do everything possible to prevent theft or damage to the rented vehicle. To this end, regardless of the length of time the vehicle is parked, they undertake to attach it to a fixed point using a lock. The Lessee is responsible for the equipment provided.
In case of loss or damage, the following amounts will be charged:
€45 per adult helmet lost or damaged
€30 per child helmet lost or damaged
€20 per pair of gloves lost or damaged
€20 per pump lost or damaged
€35 per pair of gloves lost or damaged
€40 per poncho lost or damaged
€50 per LED signalling backpack lost or damaged
€20 per 1L saddle bag lost or damaged
Article 3 – Rental – Deposit and Excess – Extension and Termination
To take out a rental contract, the Lessee must present proof of identity (ID card, passport) and, for scooter rental, their driving licence(s) (BSR, B, A1, A2). The applicable rates are those in force at the time of signing the contract. The rental begins when the Lessee takes delivery of the vehicle.
The rental price is payable when the vehicle is collected. The amount of the advance payment depends on the agreed duration of the contract and the applicable fees.
In the event of damage to the vehicle, the Lessor reserves the right to cash the full deposit and the excess. The deposit may be used to cover all or part of the repairs, while the excess remains payable if the repair cost exceeds the amount of the deposit.
The deposit is set as follows, depending on the vehicle:
bicycle: €400
electric scooter and electrically assisted bicycle: €500
50cc scooter and 125cc scooter: €1,000
The excess is set as follows, depending on the vehicle:
bicycle: €600
electric scooter and electrically assisted bicycle: €700
50cc scooter: €1,200
125cc scooter: €1,800
for the maxi 125cc scooter: €2,800
The rental ends when the vehicle, all equipment and the documents (registration certificate, insurance certificate, etc.) are returned. The deposit is refunded after the vehicle is returned. It may offset any debt the Lessee has contracted with the Lessor Le Madina and does not release the Lessee from liability for any remaining sums due. In the event of a dispute, the deposit may be retained in full until it is resolved. The deposit may under no circumstances be used to extend the rental.
If the Lessee wishes to keep the vehicle for longer than the period initially agreed, they must obtain the Lessor’s prior consent and immediately pay the advance corresponding to the new agreed duration. A new contract must be signed. Without the Lessor’s consent, the Lessee may under no circumstances keep the vehicle.
The Lessee undertakes to return the vehicle to the Lessor on the date specified in the rental contract, unless otherwise agreed between the Parties (only the return of the vehicle to the Lessor at the agreed place terminates the rental), failing which they may, except in cases of force majeure, be subject to civil or criminal proceedings for misappropriation of the vehicle or breach of trust.
The Lessee must be reachable at all times by the Lessor and must therefore provide a mobile phone number at the start of the rental.
The Lessor reserves the right to terminate the contract:
for any reason relating to the preservation or maintenance of the vehicle,
for non-compliance by the Lessee with any clause of the contract,
if it is found that the Lessee does not provide normal care for the maintenance, driving or supervision of the vehicle,
for non-payment of a single invoice.
The contract will be automatically terminated if the vehicle is declared a write-off.
Article 4 – Repatriation and return of the vehicle
It is strictly forbidden to abandon the vehicle. In the event of a material impossibility, the vehicle will be repatriated at the Lessee’s expense. The rental is payable until the vehicle is returned. When the vehicle is returned, the inspection will be carried out in the presence of the Lessee or one of their representatives (a signed authorisation must be presented by the representative).
Article 5 – Payment
The Lessee undertakes to pay, in accordance with Articles 1200 et seq. of the French Civil Code:
the fees relating to the rental period,
a flat amount per incident, at the rate agreed when signing the contract, in the event of theft, attempted theft, damage, glass breakage or damage to the vehicle. The Lessor reserves the right to charge for any damage not listed on the departure inspection sheet, without the Lessee being able to raise any objection. The same applies if the Lessee has not wished to or has not signed the return inspection sheet. The Lessee will be required to pay these costs in full.
If the Lessee fails to comply with these general conditions, they will be liable for all damage to the vehicle or its replacement value. The same applies in cases of exclusion from insurance cover.
all direct and indirect taxes, duties and charges payable on the fees, premiums, costs and compensation provided for in points a and b above,
late-payment interest (at the statutory rate increased by 50%) on amounts due under the contract, as soon as the contractual payment deadline, indicated by the due date on the invoice, has been exceeded. The Lessee expressly accepts that failure to pay a single invoice on its due date or any unpaid amount will render all outstanding invoices immediately payable and authorises the Lessor to require the immediate return of vehicles currently on hire,
all fines, fees, costs and taxes relating to any infringement of traffic, parking or other regulations, are payable by the Lessee during the term of this contract, except for infringements resulting from a fault attributable to the Lessor,
if ancillary costs must be charged against the deposit, the Lessee’s signature below constitutes authorisation for remote payment of the amounts due under this contract. Likewise, the Lessee authorises the Lessor to invoice the amount of the sums due (rental, additional services subscribed, excess and fuel), for payment on receipt of invoice.
In the event of a loss for which the Lessee is wholly or partly liable, the Lessor may debit both the deposit and the excess, in accordance with the amounts indicated in the contract.
Article 6 – Insurance (scope – exclusions) scooter rental
The Lessee and any authorised driver of the vehicle, in accordance with Article 1 above, undertake to participate as insureds under a two-wheel insurance policy taken out by the Lessor.
For a 50cc, the Lessee must be at least 20 years old and hold either a driving licence valid for more than 2 years or a BSR (Brevet de Sécurité Routière) valid for more than 2 years,
For a 125cc, the Lessee must be at least 20 years old and hold a driving licence authorising the driving of a 125cc (A1 or A2 licence) valid for more than 2 years, or the 125cc training certificate,
For all engine capacities above 125cc, the Lessee must be at least 20 years old and hold a motorcycle licence valid for more than 2 years.
In the event of loss or disappearance of the vehicle, the Lessee will be charged the cost of replacing the vehicle based on its value.
The Lessee acknowledges having taken delivery of the vehicle free of damage except for those specifically noted in the contract. They undertake to pay the Lessor an amount equal to the cost of repairing or replacing, to the Lessor’s satisfaction, any damage to the vehicle occurring after it has been delivered to the Lessee and before it is returned to the Lessor.
By signing this contract, the Lessee agrees to the said insurance policy and undertakes, on pain of forfeiture of all insurance cover, to comply with its terms and conditions. The Lessee further undertakes to take all necessary measures to protect the interests of the Lessor and the Lessor’s insurance company in the event of an accident during the term of this rental contract, and in particular:
to report (orally and in writing) to the Lessor within 2 hours and immediately to the Police any accident, theft or fire, even partial,
to include in this report the circumstances, date, place and time of the accident, the names and addresses of witnesses, the name and address of the owner of the other vehicle, the registration number of the other vehicle, the name of its insurance company and the policy number,
to attach to this report any police, gendarmerie or bailiff’s report, if one has been drawn up,
not to discuss liability under any circumstances, nor negotiate or settle with third parties any damages relating to the accident or its consequences.
The vehicle is only insured for the rental period stated in the contract. After this period, and unless an extension has been accepted, the Lessor declines all liability for accidents caused by the Lessee, who must deal with them personally.
Clothing and objects carried in the vehicle are not insured in any way. The Lessor declines all responsibility for items left in the vehicle during and at the end of the rental by the Lessee or any other person.
Likewise, any damage, loss or theft of equipment (for example: wheels, mirrors, top case, etc.), as well as damage under the vehicle, are not covered by the insurance where the insurance company finds the Lessee to be at fault, and shall therefore remain the responsibility of the Lessee. In the event of an accident for which the driver is liable, or damage with no identified third party, the replacement cost will remain the responsibility of the Lessee.
In all cases, the Lessee is required to exercise the utmost care and diligence in using the vehicle to avoid underbody or lower-body impacts. This may occur, for example, upon contact with road markings, parking areas or where the ground is in poor condition or uneven; the cost of repairs in such cases will be borne by the Lessee.
Similarly, in the event of damage to the vehicle, glass breakage, forced handlebars, without an identified third party, the cost of the related repairs will also be borne by the Lessee.
If the Lessee uses the vehicle on roads unsuitable for traffic, such as tracks, or passes through water, the related repairs will be borne by the Lessee, without any limit on the amount.
Failure to comply with any of the above obligations will result in the removal of insurance cover for damage to the vehicle.
The Lessor declines all responsibility for accidents to third parties or damage to the vehicle that the Lessee may cause during the rental period if the Lessee has deliberately provided the Lessor with false information regarding their identity, age and/or address and/or the validity of their driving licence and/or in the event of a false declaration; in such cases, they will no longer benefit from the insurance policy. If the Lessee does not bring the vehicle in for scheduled servicing (according to mileage), any resulting damage will be entirely at their expense.
Looting, theft of parts, theft of the vehicle due to unrest, riots, cyclones, tropical depressions, or driving on flat tyres shall in all cases remain the responsibility of the Lessee.
Bicycle, electrically assisted bicycle, e-scooter insurance
The Lessee must be covered by civil liability insurance. They release the Lessor from any liability arising from the use of the rented equipment, in particular with regard to accidents and damage caused to third parties as a result of use of the vehicle.
Article 7 – Maintenance – Repairs – Exclusions
The vehicle is rented in perfect working order and cleanliness and must be returned in the same condition. Failing this, the Lessee must pay the cost of restoring the vehicle.
Both tyres are in good condition, without cuts. In the event of deterioration of either tyre for any reason other than normal wear, the Lessee undertakes to replace it immediately and at their own expense with a tyre of the same size and brand at the repairer approved by Le Madina: Mayotte 2 roues for scooters, or at the Lessor’s shop for other vehicles. The Lessee is responsible for any damage other than normal wear suffered by the vehicle as a result of loading carried out without sufficient precautions or with goods capable of damaging the equipment, or due to the use of routes unsuitable for traffic, or, where permitted by law, for any other cause not attributable to the Lessor.
Included in the contract:
For scooters, the maintenance operations provided for by the manufacturer, i.e. a service every 4,000 km (after the first service at 800 km), including brake checks, supply of lubricants and labour, materials and parts required for these operations where wear is found under normal conditions of use, as well as tyre replacement (if wear requires it).
Prolonged use on tracks causing premature wear to various components is not covered by the contract.
The Lessee undertakes to visit the agency once a month so that the Lessor can carry out a visual inspection of the vehicle.
If the Lessee fails to bring the vehicle to the Lessor for the compulsory servicing, all costs arising therefrom will be borne entirely by the Lessee.
Excluded:
fuel for scooters and any additional lubrication outside of scheduled servicing, necessary to maintain fluid levels between servicing intervals. The Lessee must check these levels at all times,
any puncture, tyre and rim replacement remains the responsibility of the Lessee. Only tyre replacement due to so-called “normal” wear is borne by the Lessor. Normal mechanical wear on the vehicle is borne by the Lessor,
the vehicle must not be modified; any equipment added to the vehicle will be removed at the end of the contract and any damage caused will be invoiced, including bodywork damage, missing equipment and accessories broken due to user error.
Under no circumstances may the Lessee claim damages for late delivery of the vehicle, cancellation of the rental or immobilisation for repairs.
Article 8 – Liability
The Lessee or authorised drivers are criminally liable for any offences against the Highway Code they commit while driving the vehicle. The Lessee is fully responsible for the vehicle under Articles 1382 and 1384 of the French Civil Code as soon as the vehicle is handed over to them. As there is no relationship of subordination between the Lessee and the Lessor, the Lessor’s liability cannot be sought in the event of an offence against the Highway Code, in accordance with Article L2.1 of said Code, whether in substance or in respect of court costs. The above-mentioned parties expressly authorise the Lessor to communicate their personal details and address in response to any request from the Police or Gendarmerie.
Article 9 – Conditions of application
All maintenance and repair operations must be carried out exclusively by the approved repairer Mayotte 2 roues, via the Lessor for scooters, and by the Lessor’s shop for other vehicles. Maintenance operations carried out outside this company will not be reimbursed; any poor workmanship directly or indirectly resulting from such operations will be entirely borne by the client and will under no circumstances be covered by the rental contract. The vehicle must be maintained in accordance with the manufacturer’s schedule and recommendations (Article 7 a).
Article 10 – Opening hours and location
Opening hours: Monday to Sunday, 08:30 – 17:30.
REMINDER: To pick up or return a vehicle, the user must arrive no later than 30 minutes before closing time.
Le Madina agency address: 08 boucle Coco Madi – 97615 Pamandzi.
Article 11 – Jurisdiction
The Parties confer exclusive jurisdiction for any dispute relating to this contract or its consequences on the courts of Mamoudzou.
Only the laws applicable in the department of Mayotte shall apply to any disputes relating to this contract.
By accepting the above general terms and conditions of sale, the person consents to the processing of their personal data in accordance with the GDPR in order to receive commercial and marketing communications by SMS and email from “Le Madina”.
