General Terms and Conditions of Sale and Use of the PAMPA CRUZ website and service

Site name:

pampacruz.fr

Website publisher:

PAMPA
SASU with share capital of €5,000
2 rue Marc Donadille, 13013 Marseille
Phone: +33 (0) 4 91 05 50 88
SIRET No.: 910 748 672 00011

Legal representative:
Alexandre PUIG, acting as President of PAMPA.

Publishing director:
Alexandre PUIG.

Host:
OVH
SAS with share capital of €10,174,560
RCS Lille Métropole 424 761 419 00045
APE code 2620Z
VAT No.: FR 22 424 761 419
Registered office: 2 rue Kellermann - 59100 Roubaix - France

Website: www.pampacruz.fr

Phone: 0491055088

In these General Terms and Conditions of Sale and Use (the “General Terms”), the capitalized terms and expressions have the meanings given to them in the body of these Terms or in the Appendix.

Article 1 Preamble

The website “www.pampacruz.fr” (hereinafter, the “Site”) is operated as a social network intended for owners and renters of leisure vehicles (hereinafter the “Vehicles”). The Site allows private individuals (hereinafter, the “Travelers” or “Renters”) wishing to rent such Vehicles to connect with Vehicle owners (hereinafter, the “Owners”) willing to rent said Vehicles on a private or professional basis (“Rentals”). Travelers and Owners are hereinafter referred to individually as a “User” and collectively as “Users” of the Site or the service offered by the Site.

Accordingly, the Site allows:

- Owners to make Vehicles available for a fee. Users are free to determine between themselves the Contract relating to the provision of Vehicles. Users also independently determine the form and content of said Contract;

- a service to be offered to Users to communicate and exchange any information and advice. A dedicated area is provided for this purpose within the Site.

These General Terms are intended to define the conditions of use of the Site, to govern the relationships established between the Site and its Users, and the organization of relationships between Users within the Site only.

Rentals are governed by these General Terms and supplemented by Rental Agreements, as described in the General Terms (the “Contractual Documents”). Users may benefit from the Site offered by PAMPA CRUZ provided they comply with the General Terms as well as the terms of the Rental Agreement.

Once the Contractual Documents have been accepted and/or signed by the Users, they are binding on them.

Article 2 Scope

Use of the Site and the PAMPA CRUZ service (the “Services”) is subject to unconditional acceptance by any User of these General Terms. Prior to completing their registration on the Site, Users must check the “I accept” option to confirm their agreement to the General Terms. Use of or participation in the PAMPA CRUZ service is conditioned upon Users’ full and unreserved adherence to the General Terms available on the PAMPA CRUZ Site. These General Terms apply to any use of the PAMPA CRUZ service for the rental of Vehicles registered in France. Users declare that they understand and unreservedly accept these General Terms drafted in French. These General Terms govern all relations established between Users for use of the PAMPA CRUZ service throughout the period of use of the Services and until new General Terms replace them. A User’s registration requires the prior creation of a Profile. Each User declares that they have full legal capacity enabling them to use the Site and to accept the General Terms without reservation.

Article 3 Changes to the General Terms and Conditions of Sale and Use of the Site and the Service

PAMPA CRUZ reserves the right, at its sole discretion, at any time and without notice, to adapt or amend these General Terms or the Rental Agreement, the financial conditions of the Services, the insurance conditions, or any other document related to the Site. Changes to these General Terms will be notified to Users by a “pop-in” window. The new version of the General Terms will be published on the Site. PAMPA CRUZ will notify Users of any changes to these General Terms at least ten (10) days before they take effect.

The new General Terms will be deemed accepted by Users who, at the time of their next rental, will expressly accept the General Terms via a checkbox on the Rental Agreement concluded between the Owner and the Traveler.

Article 4 Use of the PAMPA CRUZ service

4.1 Use of the Site

i. PAMPA CRUZ concept

The Site offers a matchmaking service between Users whereby the Owner offers to make Vehicles available for rental. The Traveler may accept said offer posted on the Site and use the Vehicle as part of a rental, the terms of which will be agreed with the Owner.

The Site primarily acts to connect Users and to assist Users when validating the information and documents required to make Vehicles available.

PAMPA CRUZ is an intermediary and is not a party to the rental transaction carried out between Vehicle Owners and Travelers. PAMPA CRUZ does not itself rent Vehicles, via the Site or otherwise, and its activity is limited to connecting Users for the rental of a Vehicle.

PAMPA CRUZ cannot be held responsible for the mechanical condition of vehicles and limits itself to strictly verifying the validity of vehicles’ roadworthiness tests. PAMPA CRUZ cannot be held liable for any defects noted on the roadworthiness test that do not prevent the vehicle from circulating, in accordance with applicable law.

In the event of a mechanical breakdown during a rental affecting a component of the vehicle identified as having a minor defect on the last valid roadworthiness test, and in the absence of an invoice evidencing a repair to correct this defect, the Owner will be liable for all repair costs and may not hold either the Renter or PAMPA CRUZ liable for the occurrence of this breakdown.

In the event of a dispute between Users, and without extending the scope of its liability or commitments, PAMPA CRUZ will endeavor, to the extent of its means, to propose any useful solution to resolve the dispute or offer a User an alternative.

By accepting the General Terms, both Travelers and Owners agree to use the Site in good faith. Users may not misuse the Site or use PAMPA CRUZ merely as a communication channel with a view to completing a rental outside the Site. No payment for the rental may be made outside the Site. Any breach of this principle will be considered customer diversion if initiated by an Owner. PAMPA CRUZ reserves the right to take action against any User who does not comply with these conditions.

The tasks performed by PAMPA in operating the Site exclude a vehicle rental service. They can be defined, in a non-exhaustive manner, as follows:

1) Managing User registrations on the Site;

2) Connecting Users;

3) Optionally providing “comprehensive” motor vehicle insurance or technical assistance for the Traveler and the Owner in the context of making Vehicles available;

4) Encouraging relationships, exchanges, and vehicle rental transactions between Users;

5) Encouraging high-quality relations between Users;

6) Monitoring payments between members via the solution developed in collaboration with MANGOPAY SA, its electronic money issuer partner.

The PAMPA CRUZ Site is accessible via the Internet, free of charge, without exception or condition, and from anywhere by any User with Internet access. All costs borne by the User to access the service (computer equipment, software, Internet connection, etc.) remain at their expense. Occasional Users without a “User” Profile created via regular registration on the Site cannot access services reserved for duly registered Users. The Site undertakes to implement all means at its disposal to ensure quality access to its services. As this is an obligation of means, the Site cannot commit to any specific result. Any event due to force majeure resulting in a network or server malfunction cannot give rise to liability on the part of PAMPA CRUZ. Access to the Site’s services may be interrupted, suspended, or modified at any time without notice, including for maintenance.

ii. Payment security

Transaction security is ensured by MANGOPAY SA, a public limited company whose registered office is at 2 Avenue Amélie, L-1125 Luxembourg, registered under number B173459, authorized to conduct business in France and approved by the Commission de Surveillance du Secteur Financier, 283 route d’Arlon L-1150 Luxembourg: http://www.cssf.lu/

PAMPA CRUZ’s liability cannot be engaged for payments made directly between Owners and Travelers. The Site guarantees only the security of electronic payments made through our partner MANGOPAY.

iii. Payment terms

The Traveler agrees to pay the full rental price, in a single payment, on the Site by bank transfer.

Upon confirming the Reservation, the Traveler agrees to pay any amount due under the Rental Agreement established in accordance with Article 6.1 (Remuneration due to the Owner using the Site).

4.2 User accounts

i. Profile

Each User wishing to register on the Site must create a “User” Profile by providing their first and last name, choosing a login (their email address) and an associated password (collectively the “Identification Codes”).

Upon registering on the Site, the User becomes guarantor and responsible for the creation and use of their Profile and Identification Codes, which are strictly personal and may not be shared with third parties (including family members). The User is responsible for any use of the Services via their Profile, including by a third party (without their knowledge or in violation of the above). PAMPA CRUZ reserves the right to accept or reject any registration by email if it does not meet these General Terms.

To access and use the Site or create a Profile, the User must be an adult natural person or a legal entity, organization, or other duly organized legal person, validly existing under the laws of its country of incorporation and capable of entering into legally binding contracts.

The User declares and warrants that the information and data provided are truthful and valid. They must update them if they change. The information requested during registration on the Site is necessary and mandatory to create the User’s account. In particular, the User’s email address may be used by the Site for administration, management, and service communications. The Site is not responsible for erroneous, outdated, or incomplete information provided by Users.

It is strictly forbidden for any User to create multiple Profiles. One Profile corresponds to a single person (natural or legal). The same vehicle, identified by a license plate and its Owner, cannot be associated with multiple Profiles.

The User agrees not to create any Profile other than the one initially created, whether under their own identity, that of a third party, or a false identity. Failing this, they risk suspension of their Profile, all associated Services, and possible legal action.

The Site ensures collection and processing of personal information in compliance with privacy and GDPR.

In case of non-compliance with the platform’s terms of use or behavior deemed abusive by the platform, a User may be stripped of their status and/or have their “User” Profile closed, at the Site administrator’s discretion. The banned User and/or the User whose Profile is closed will be informed by email sent to the address provided during registration.

ii. Site structure

The Site comprises a public area and a private area, accessible under certain conditions and/or restrictions:

The public area allows direct access to the Site, use of the Site as a non-identified User, and access to certain services and features offered by the Site, notably viewing vehicle rental listings.

The private area is accessible subject to User identification and registration. Such identification requires prior creation and registration of a Profile. The private area mainly allows publishing vehicle availability offers, modifying provided information, reserving offers, adding comments, and managing vehicle availability offers.

iii. Content

The Site does not guarantee the accuracy of information and content provided by Owners regarding Vehicles offered. The Site reserves the right to accept or refuse offers proposed by Owners. The Site cannot be held liable for any violation of third-party or User rights, or any inaccuracies or errors affecting the content of offers posted by Owners. The same applies to comments, reviews, or information posted by any User.

Each Owner must provide an accurate, objective, up-to-date description corresponding to the condition, maintenance quality, and reality of their Vehicle. If they wish, Users may publish and share content on the Site, mainly in the form of stories and tips. Each User may assess this content provided they never contravene public order, morality, and/or the honor or reputation of any person. Likewise, such content must not contain any illegal or unlawful element or any element likely to infringe any right.

iv. Reviews

The User must complete an evaluation form regarding persons with whom they have had a contractual relationship under one or more services offered by the Site, at the end of said contractual relationship.

The Site makes public and publishes on the evaluated User’s Profile said evaluation under the “Reviews” section. The User who completed the evaluation agrees never to include any information or elements likely to harm the honor or reputation of the evaluated User.

The User alone is responsible for said content and/or evaluations and agrees to bear any consequences. The User expressly authorizes the Site to publish said content and evaluations on the Site. This authorization covers publications on any type of medium, anywhere, by any means, worldwide and at any time.

The Site is authorized to use and/or exploit said content and evaluations in a commercial context or with Site partners.

The Site does not exercise prior control over content and evaluations. However, the Site enables Users to report any content or evaluations likely to contravene public order, morality, good conduct, and/or the honor or reputation of any person or entity, as well as any content or evaluations containing any element that may be considered illegal or likely to infringe any right.

In the event of a breach of this overall duty of good conduct, the Site undertakes to remove said content and reviews without delay. Any element likely to infringe the above principle may lead the Site to strip a User of their status and/or close their “User” Profile, at the discretion of the Site’s Administrators. The banned User and/or the User whose Profile is closed will be informed by email sent to the address provided during registration.

The Site reserves the right to delay publication of a review in the event of a dispute between Users while it reviews each party’s statements. Based on available information, PAMPA CRUZ reserves the right not to publish the review and to apply any checks on the listing and/or Users linked to the review to ensure service quality.

4.3 Relations between Users

i. Contractual principle

Users are autonomous in reviewing and assessing the quality of offers, making a Vehicle available, and accepting a request from a Traveler. The Owner and the Traveler must agree before concluding a Rental Agreement prior to any vehicle rental. Users must honor the commitments agreed contractually.

ii. Proposal of a Rental Agreement

The Site provides Users with a predefined Vehicle Rental Agreement template. Users are free to use said template, or to modify, adapt, arrange it, or use any other document of their choice.

In the event of disagreement between Owner and Renter, the platform will decide based on the contractual terms of the Rental Agreement, notwithstanding any modifications, adaptations, or amicable arrangements that may have been discussed by Users.

Under the privity of contract principle, Users are prohibited from concluding a Rental Agreement that might bind a non-signatory third party. By signing a Rental Agreement, the Traveler and the Owner undertake to perform the obligations defined therein. They are solely liable under this Rental Agreement, which cannot create any obligation enforceable against PAMPA CRUZ.

iii. Choosing another Contract

The Site cannot be held liable for the use of any other contractual document used to rent a Vehicle. If any other contractual document or Rental Agreement is concluded by Users, the Owner undertakes in that Rental Agreement to present and describe their Vehicle and the features and equipment listed in their ad.

They also undertake to set and formalize a specific Price and a precise, unambiguous rental period. The Owner undertakes to offer only Vehicles in perfect working and roadworthy condition. If the Vehicle is a Heavy Goods Vehicle, the Owner must notify the Site and clearly indicate this in the listing.

The Owner undertakes to provide an up-to-date description corresponding to the Vehicle’s actual characteristics and must not mislead the Traveler as to the characteristics of the rented Vehicle. The Site disclaims all liability in the event of truncated, erroneous, or false descriptions of the Vehicle.

For each rental, the Owner agrees to provide the Vehicle documents. Depending on the regulations in force in the vehicle’s country of registration and the requirements of the insurance policy, the Owner must provide the original or a copy of the registration certificate, the insurance certificate, and the valid roadworthiness test. A certified copy of the registration certificate can be obtained from a police station to enhance credibility during roadside checks during a rental.

iv. Dispute between Users

In the event of a dispute regarding the service, Users agree to submit their dispute to the mediation provided for this purpose by PAMPA CRUZ. The Site undertakes to propose, as promptly as possible, any useful mediation solution in case of a dispute between Users.

This mediation will be proposed impartially, taking into account the information provided by each party to the conflict. Mediation will be conditional on the production by the disputing Owners and Travelers of a duly completed and signed Rental Agreement. Where possible, PAMPA CRUZ will propose an outcome consistent with these General Terms and the contractual provisions of the Rental Agreement. The parties have 3 days to review and accept the proposed outcome. The result of the mediation depends on the goodwill shown by the Users. It does not, by nature, impose any obligation of result on PAMPA CRUZ. If the parties cannot resolve their dispute through the mediation proposed by PAMPA CRUZ, they may alternatively seek legal counsel to reach an agreement or refer their dispute to the competent courts.

Article 5 Vehicle rental terms

5.1 Traveler registration

When registering, Travelers must enter on the Dashboard their personal details and contact information. They must scan and provide, at least forty-eight (48) business hours before any rental, the following documents:

- Identity card or valid passport;

- Valid driver’s license;

- Proof of address dated within the last three (3) months (rent receipts, gas or electricity bills).

PAMPA CRUZ supervises Traveler registration, without any obligation of result, and reserves the right to remove a Traveler registered on the Site if the information or documents provided are irregular or incorrect.

Travelers agree that the documents provided may be shared with the insurance company requested for a rental, or with the electronic payment partner MANGOPAY.

5.2 Driving rented Vehicles

The Traveler agrees to guarantee normal and prudent use of the vehicle. They undertake to comply with the Highway Code, the Vehicle manufacturer’s user manual, and the Owner’s recommendations. During the rental, if any notable potential malfunction is observed (unusual noise, dashboard warning light, vibration, or any other sign of a mechanical issue), it is the Renter’s responsibility to ensure the vehicle is safe to continue by having it inspected by a professional mechanic while informing the Owner beforehand.

In the event of an offense committed by the Renter during the rental, the latter must take full responsibility for any fine or penalty upon presentation of said fine or penalty bearing the rental vehicle’s registration. Likewise, tolls or gates passed during the rental period are the Renter’s responsibility. In the absence of spontaneous settlement by the Renter, PAMPA CRUZ reserves the right to charge the bank card used for payment for the amount of the penalty, toll, or gate.

5.3 Owner registration and Vehicle listing

When registering, Owners must present their Vehicle by completing a detailed description and a rate schedule. Both must be provided objectively and truthfully in compliance with these General Terms.

The Owner must indicate on the detailed listing the exact number of secured seats. Failing this, an error in this information may be a cause for cancellation of the Rental resulting in reimbursement of the Traveler’s full Reservation balance.

The Site cannot be held liable for any error, omission, or inaccuracy, whether intentional or not, by the Owner concerning both the description and the assessment of the Vehicle.

They must enter in their personal area the vehicle’s characteristics, failing which insurance coverage may be voided, namely:

- Vehicle GVWR (PTAC);

- Registration number;

- Vehicle replacement value (new value).

They will complete the Vehicle description by enhancing the listing with any relevant information or photographs.

On pain of cancellation of a rental, Owners must also scan and provide at least five (5) business days before any rental the documents relating to the Vehicle offered for rental, namely:

- Registration certificate (valid);

- Insurance certificate (valid and premiums up to date);

- Valid roadworthiness test report (showing no defect requiring a retest).

In the absence of any of these documents, the listing may be suspended from the Site, resulting in the loss of any upcoming confirmed rentals, without any right to compensation for expected remuneration. If any document expires between the Reservation date and the start of the rental, the Owner must provide the renewed document, failing which the above sanctions apply.

Providing civil status documents (ID card, Passport) and driver’s license is also required. Owners agree that the documents provided may be shared with the insurance company requested for a rental, or with the electronic payment partner MANGOPAY.

The Owner undertakes to provide bank account details (RIB) for the account to which their Remuneration will be paid.

Insurance coverage will take effect subject to proper provision of all the above elements.

PAMPA CRUZ will supervise the documents and statements provided by the Owner as a simple assistance measure and without obligation of result. This supervision will notably cover the Vehicle’s weight, registration, and new value. It will cover owner authentication and that the Vehicle is fit for rental. The check will be carried out only when the Vehicle is registered on the Site, so Travelers cannot require or oppose the need for subsequent consistency checks to PAMPA CRUZ. The Owner must keep the required documents up to date on the Site. PAMPA CRUZ cannot ensure constant supervision of these elements and their updating is the Owner’s exclusive responsibility.

No Vehicle may be offered for rental before this consistency check is performed. PAMPA CRUZ reserves the right to remove any Vehicle listed on the Site if the elements or documents corresponding to that Vehicle are irregular or incorrect. Data entry errors leading to loss of insurance coverage are the Owner’s sole responsibility.

On the first day of the rental, before handing over the keys, the Renter is entitled to refuse the rental if the Vehicle’s main characteristics do not match the listing on the PAMPA CRUZ platform. The vehicle must match the interior/exterior photos on the site. In case of dispute, the Renter must provide proof of non-conformity (photos, videos, etc.). If the Renter refuses to take the vehicle, the rental must be canceled on the Site by the Renter, specifying at the time of cancellation that it is “due to the Owner.” A review will then be conducted to determine whether the listing’s conformity is in question.

5.4 Conditions applicable to Owners:

The Owner must guarantee:

- full and complete ownership of the Vehicle;

- or, failing that, the regular status as custodian of the Vehicle, i.e., having all necessary permissions and certificates to rent the Vehicle. The Owner must be able to provide the Traveler with written and signed authorizations and certificates from the Vehicle’s owner;

- their presence at check-in and check-out to verify the vehicle’s condition before and after the rental by signing the rental agreement. If absent, the Owner may delegate the inspection provided the same person performs both check-in and check-out;

- that they do not offer for rent any Vehicle not authorized by law and regulations;

- that they offer for rent Vehicle(s) in perfect working and driving condition;

- that the information and documents provided are authentic and truthful;

- that the Vehicle is ready before departure regarding interior and exterior cleanliness, water and fuel levels.

If the Owner breaches any of these obligations, the Renter will be entitled to refuse the vehicle by canceling the rental through their profile and may claim a full refund of the Owner’s remuneration. Such behavior may result in the listing’s removal and loss of future confirmed rentals without any right to compensation for expected remuneration.

If the Owner rents their Vehicle through other platforms, they must offer prices on PAMPA CRUZ that are equal to or lower than those offered elsewhere, taking into account the different pricing systems of each platform.

Furthermore, the Owner must maintain pricing consistent with the Vehicle’s value and equipment, age, and mileage so that the VAT-inclusive rental price aligns with the Site’s philosophy. Likewise, the Owner may not charge for gas consumption; as this is difficult to measure, it must be included in the rental price.

Article 6 Remuneration and Reservation terms

6.1 Remuneration due to the Owner using the PAMPA CRUZ service

Remuneration is due via the MANGOPAY payment method by the Traveler to the Owner from the day of confirmation and acceptance by the Owner of the rental.

It is set independently by the Owner. PAMPA CRUZ cannot intervene to organize or determine the Owner’s Remuneration.

Remuneration varies according to the rate applied over the rental period, minus the service fees applied by PAMPA CRUZ.

Such Remuneration is due for an amount including the day and time the Traveler takes possession of the Vehicle and the day and time the Traveler returns the Vehicle to the Owner. It may be increased by insurance costs, assistance, options subscribed by the User, and PAMPA’s service fees. The Traveler’s signature of the Rental Agreement constitutes acceptance of the service fees, Remuneration, and any increases for the above-listed costs if subscribed by the Traveler.

If the Traveler has paid the rental price online on the Site, the Owner will receive the rental Remuneration by bank transfer via our partner MANGOPAY. This transfer will be made on the 2nd business day of the rental. If a breakdown is reported within the first 48 hours of a rental, PAMPA CRUZ reserves the right to block payment of said remuneration while liability is reviewed, which may result in a refund of the rental. Furthermore, remuneration may be withheld if the Owner engages in abusive deposit retention on any other rental, to ensure compliance with the contract and mediation in case of damages during rentals.

The Traveler is authorized to take the Vehicle only after confirmation of online payment of the rental price. The Owner may refuse to hand over the Vehicle if the Traveler cannot prove proper online payment of the sums due for the rental.

The parties freely and jointly set the rental duration. Unless otherwise agreed in writing, the rental starts at 9:00 a.m. on the first day and ends at 8:00 p.m. on the last day.

If no agreement can be reached on this point, the rental will be canceled and the Remuneration received by the Owner will be fully refunded to the Traveler.

6.2 Service fees charged for the PAMPA CRUZ service to Travelers

Service fees are applied to each Reservation request and paid by the Traveler. Use of the PAMPA CRUZ service implies unreserved acceptance by the Traveler of the fee amounts set in these General Terms.

The amount of service fees is deducted from the Price agreed between the parties. They vary according to the rental duration, the Owner’s rental volume, whether the Owner is a private individual or a professional, and whether the Vehicle’s insurance is used. Details of the service fees can be viewed at the following address:

6.3 Posting a Vehicle listing

The Owner may list their vehicle for rent via the Site. Listings must comply with the conditions set out in Articles 4.2 (User accounts) and 4.3 (Relations between Users). Posting listings is free.

If the Vehicle does not meet the requirements of Articles 4.2 (User accounts) and 4.3 (Relations between Users), the Site Administrators may make the Vehicle’s listing inaccessible, including, without limitation, in the following cases:

- following report(s) by one or more Travelers expressing dissatisfaction with the Vehicle and/or the Owner’s behavior;

- in the event of overall non-compliance by Owners with the updated General Terms;

- if the Owner undermines the necessary cohesion of the User community.

6.4 Security deposit

The security deposit is intended to cover any damage caused to the Vehicle during the rental. It may be used to cover repair costs in the event of a claim or damage. It may also cover the Insurance Deductible. The security deposit also covers mileage allowance overruns and any amounts owed to the Owner by the Traveler due to the rental in accordance with the rental agreement clauses. Management of the Security Deposit is conditioned on both parties (Traveler and Owner) signing the rental agreement and the check-in and check-out condition reports.

i. Security deposit managed by PAMPA CRUZ

The Owner may authorize PAMPA CRUZ to manage the Security Deposit for their vehicle rental. By confirming a Rental, the Traveler agrees to pay a Security Deposit in the amount set by the Owner and indicated beforehand on the listing.

This Security Deposit may be taken as a card pre-authorization recorded no later than 72 hours before departure. The maximum amount recoverable by PAMPA CRUZ cannot exceed the amount set by the Owner on the listing and in any case cannot exceed €2,000.00 (TWO THOUSAND EUROS).

If the amount owed to the Owner exceeds €2,000.00 (TWO THOUSAND EUROS), the Owner will be responsible for taking steps to recover the difference beyond €2,000.00 (TWO THOUSAND EUROS).

In the event of a reported damage, the maximum recoverable amount under Security Deposit management will be immediately charged by PAMPA CRUZ. If the charge exceeds the amount actually due, the difference will be refunded to the Traveler after the case is processed.

Any payment to the Owner under Security Deposit management will be made after the case is processed by PAMPA CRUZ and must be justified. PAMPA CRUZ may request all supporting documents regarding the incident from both parties. The Traveler will be informed of the breakdown of the charged amounts. A €49 (FORTY-NINE EUROS) processing fee will be applied in addition to repair costs to the party responsible for the damage. If it is technically impossible to charge the amount due to the account associated with the Reservation, PAMPA CRUZ will initiate a recovery procedure against the Traveler.

Listings with security deposit management by PAMPA CRUZ can only be reserved by credit card payment.

ii. Security deposit managed by the Owner

The Security Deposit must be taken using the payment method indicated in the listing. If the Owner has provided no information, any payment method that can be cashed in the vehicle’s country of registration may be accepted.

If payment of a security deposit is agreed between Users, the Traveler makes a firm and irrevocable commitment to pay the amount of the security deposit upon the Owner’s first request and waives the right to raise any objection or defense arising from the Rental Agreement. If the Renter fails to pay the security deposit to the Owner, the rental will be canceled without refund for the Renter.

The Owner must immediately return the security deposit at the end of the rental when no damage is noted in the check-out condition report.

However, when one or more damages are noted in the check-out condition report and indicated in the rental agreement, the Owner must retain the security deposit and both parties must immediately report the damage to PAMPA CRUZ via the designated declaration form (available on the Reservation) under the conditions set out in Article 10.4 (Damage report).

Any information or document requested by PAMPA CRUZ that is not provided by either party may result in losing the right to compensation from the security deposit.

Once the parties request mediation from PAMPA CRUZ, PAMPA CRUZ fully arbitrates management of the security deposit. Consequently, the Owner must comply with the decision resulting from mediation concerning the security deposit. If the Owner refuses to return all or part of the security deposit when requested by PAMPA CRUZ, the Owner will be deemed to be engaging in abusive withholding of the deposit: they risk withholding of future remunerations to compensate the harmed Renter and suspension of their listing for abusive behavior, as well as potential legal action by the Renter.

In a dispute over Security Deposit management and failing an amicable agreement between Traveler and Owner, PAMPA CRUZ offers a mediation service charged at €49.00 (FORTY-NINE EUROS) to the Traveler.

For rentals with a professional Owner, management of the Security Deposit will be exclusively handled by the latter.

6.5 General Reservation rules

Any Reservation request must be sent at least forty-eight (48) business hours before the Traveler takes the Vehicle.

Each User must carefully review rental offers, taking into account availability dates, vehicle models and categories, overall condition of the Vehicles, and the Owner’s location.

When a potential Traveler selects a Vehicle suited to their needs, they may submit a Reservation request for said Vehicle and must indicate the dates on which they wish to use it. Sending the request is subject to full and unreserved acceptance of these General Terms.

By email and/or text message (“SMS”), or using available communication methods, the Owner is informed of the Reservation request for their Vehicle for said dates. The Owner then decides and confirms whether they wish to make their Vehicle available for those dates. The Owner must respond within a maximum of twenty-four (24) hours, otherwise the Reservation request may be canceled, by accepting or refusing.

If the Owner agrees, the Site informs the Traveler by email and/or SMS. The Traveler must then pay on the Site, via an online payment using MANGOPAY as set out herein, the rental amount to confirm their intention to reserve the Vehicle for the specified dates. The Traveler must also subscribe to specific insurance suited to the Vehicle concerned.

Once the Price has been paid and credited to a bank account in the name of PAMPA CRUZ, the Site sends the Owner and Traveler a detailed summary of the Reservation.

If the Owner refuses the Reservation request, the Site will inform the Traveler as soon as possible and may, where possible, offer comparable alternative offers. Any refusal to a Reservation request cannot result in Site liability.

The Site cannot be held liable in the event of a Reservation cancellation by either the Traveler or the Owner. The Site does not guarantee the firmness or accuracy of the Reservation dates indicated by the Traveler wishing to rent a Vehicle.

6.6 Rental extension

Users may extend their paid rental by requesting a one-day extension. This request must be made at least seventy-two (72) hours before taking possession of the Vehicle, and strictly via their personal area.

Any rental extension must be under the conditions initially agreed, notably regarding Remuneration, increases, options, and Service fees, and without applying any weekly discount possibly offered by the Owner.

The extension amount is calculated independently, and only the Owner can approve the Traveler’s request. If Owner and Traveler agree that the Traveler will only be charged Service fees and insurance, the request must be made directly on the Site via the User’s personal area.

The absence of Owner Remuneration over this extension period does not exempt the Traveler from paying all Site Service fees.

6.7 Owner – MRP referral:

For referrals originating outside the Site, PAMPA CRUZ may offer, as a commercial gesture, a reduction in the commission applied to the Owner. This reduction may allow the Owner to increase their remuneration or reduce the rental price for the Renter. The MRP must be communicated by the Owner via email indicating the Reservation reference first sent by the Traveler. The Traveler must include the term MRP in the contact message. The Owner must communicate the existence of the MRP before the Traveler confirms the request.

The Site may refuse any referral if it believes it was not made outside the Site.

Article 7 Cancellation of a Reservation by the Traveler

The Traveler wishing to cancel or modify a Reservation must immediately notify the Site by canceling the Reservation via their personal area.

7.1 Modification

Any modification to a Reservation requested by a Traveler is subject to the Owner’s approval and that of PAMPA CRUZ regarding changes to the Service fee amount.

7.2 Cancellation

This may result in a refund of all or part of the costs incurred for the rental depending on whether cancellation insurance was taken out and on the notice period from the date the Reservation cancellation was communicated.

PAMPA CRUZ offers Users a Cancellation Insurance solution that enables them to benefit from a full refund of the rental price in the event of cancellation before departure (excluding the cost and Deductible of this cancellation insurance). To benefit from Cancellation Insurance, the Renter must take out this insurance when confirming the Reservation and must accept its terms and conditions. These terms and conditions are provided to the Renter upon subscription and at Reservation confirmation.

Renters who have not taken out cancellation insurance are subject to the following conditions:

If the cancellation by the Renter is communicated to PAMPA CRUZ within:

- 30 (THIRTY) days or more before the rental start date: Refund of 70% (SEVENTY PERCENT) of the Owner’s share. Insurance and service fees are non-refundable. The 30% of the rental cost available to the Owner will be paid immediately.

- less than 30 (THIRTY) days before the rental start date: No refund possible. 100% (ONE HUNDRED PERCENT) of the rental cost retained. The amount available to the Owner will be paid immediately.

If cancellation occurs within 24 hours after Reservation confirmation, the Renter may receive a full refund, except where the rental is due to start within 24 hours of confirmation; in that case, insurance fees cannot be refunded. In such case, the Owner must waive their remuneration. The portion relating to insurance is non-refundable once the rental has begun. This applies from the first hour of the first rental day. Cancellation insurance, if subscribed, is non-refundable.

Flexible cancellation conditions allow Renters and Owners to cancel a rental for reasons related to the COVID-19 epidemic, as described on the dedicated page accessible from the Site’s homepage. If eligible, the cancellation conditions applied will allow a change of dates and the provision of a rental credit to the Traveler based on the management method selected by the Owner and visible on the vehicle listing and the cancellation request.

The arrangements may be:

- refund of the amount corresponding to the Owner’s remuneration and provision of a rental credit for the amount of the insurance and service fees, valid for all vehicles listed on PAMPA CRUZ;

- provision of a rental credit for the total amount of the rental, valid for the same Owner’s vehicle(s).

One of these arrangements will apply subject to eligibility of the cancellation upon presentation of proof at least 48 hours before the scheduled rental start date.

The Owner sets their preferred arrangement in their Profile. Without action on their part, the default choice applies. This default choice provides for a refund of the amount corresponding to the Owner’s remuneration and the provision of a rental credit for the amount of the insurance and service fees, valid across all vehicles listed on PAMPA CRUZ.

In the event of a Vehicle breakdown and operational difficulties preventing continuation of the rental and requiring immobilization for more than twenty-four (24) hours, and if the Traveler chooses to interrupt their rental and is repatriated by the assistance service, the Renter may receive:

- a refund of Service fees pro rata temporis for unused days, if the Renter cannot be held responsible for the breakdown or operational difficulty;

- a refund of 50% of the Service fees pro rata temporis for unused days, if liability cannot be determined.

In such case, the Owner must also refund pro rata temporis the rental rate for unused days, including any mileage allowance: the full amount of unused days if the Renter is not liable, and 50% of unused days if liability cannot be determined. It is the Owner’s full responsibility to make this refund when a rental is interrupted due to wear and/or lack of maintenance of the Vehicle. In such circumstances, PAMPA CRUZ is responsible only for refunding the Service fees.

The following reasons will not qualify for a full refund of Service fees:

- a delay in handing over the Vehicle by the Owner to the Traveler;

- unilateral modification by the Owner of the contractually agreed rental duration;

- more broadly, any unilateral modification by the Owner of any rental condition agreed.

Cancellation may result in a change of rental dates with the Owner’s and PAMPA CRUZ’s agreement. The cancellation and refund conditions will then be determined from the date of the first modification request of the initial Reservation. The modified rental must be scheduled within twelve (12) months from the initial rental start date.

7.3 Refund timeframe

In cases provided by PAMPA CRUZ, if a partial or full refund of Service fees is justified, PAMPA undertakes to process the refund within fourteen (14) days from receipt of the cancellation request.

7.4 Traveler’s exclusive responsibility

Cancellations by the Traveler are their exclusive responsibility. The PAMPA CRUZ Service only connects Owners and Travelers and does not guarantee potential Travelers’ commitments; therefore, a rental cancellation by them cannot engage PAMPA CRUZ’s liability.

Article 8 Cancellation of a Reservation by the Owner

8.1 Deadline to obtain a direct refund

In the event of cancellation by the Owner, PAMPA CRUZ undertakes to offer an alternative within available vehicles regardless of the initial selection criteria. Failing this, PAMPA CRUZ undertakes to refund amounts paid by the Traveler (namely: Remuneration, insurance cost, and Service fees) provided the Traveler expressly confirms the cancellation no later than 5:00 p.m. on the first rental day.

If Remuneration has been paid to the Owner despite the cancellation, the Owner must refund the full Remuneration received. Otherwise, PAMPA CRUZ reserves the right to withhold the amounts due to the Traveler from the Owner’s next Remunerations.

8.2 Impossibility of direct refund

After this deadline, the Owner’s Remuneration will be paid and cannot be refunded to the Traveler. The insurance portion paid to the insurance partner is also non-refundable.

In this case, PAMPA CRUZ can only refund the Service fees and the Traveler must contact the Owner directly to obtain a refund of the Remuneration.

8.3 Event preventing the rental

If an event occurs that may prevent the rental of the reserved Vehicle, this impediment must be immediately reported to PAMPA CRUZ by the Vehicle’s Owner.

The report must be made by the Owner to “contact@pampacruz.fr” within twenty-four (24) hours preceding the scheduled start date of the rental.

If the Remuneration has already been paid to the Owner, the latter undertakes to refund the entire amount to the Traveler.

In case of cancellation, the Owner agrees to pay PAMPA CRUZ a €150.00 (ONE HUNDRED AND FIFTY EUROS) penalty for damage caused to the Site, notably the loss of trust among Users or harm to community relations quality. This amount may be deducted from the remuneration due to the offending Owner for their next rental.

The only cases releasing the Owner from the above penalty in the event of Reservation cancellation are:

- breakdown or accident immobilizing the rented Vehicle;

- serious illness or accident with immobilization and impossibility to be represented to the Traveler;

- death.

PAMPA CRUZ will assess the legitimacy of the cancellation after receiving written proof of the above cases.

Any cancellation by the Owner is their sole responsibility and the Traveler waives any claim for damages or compensation against PAMPA CRUZ or holding it liable in any way. The Traveler may still seek redress directly from the Owner.

Article 9 Liability of PAMPA CRUZ

9.1 Scope of PAMPA CRUZ’s role

PAMPA CRUZ does not provide a vehicle rental service. It only facilitates connections between Vehicle Owners and Travelers to enable possible vehicle rentals.

9.2 Limitation of PAMPA CRUZ’s liability

Users agree that PAMPA CRUZ cannot reasonably be held to an obligation of result regarding the safety of rentals planned by Users. Each User of the PAMPA CRUZ service is responsible for honoring their commitments towards other Users. If a rental is canceled by a User, it is only as part of its mission to build and maintain a community of Users capable of maintaining relationships of trust that PAMPA CRUZ will endeavor—without guaranteeing any result—to facilitate new connections with other Users who may accept an alternative rental solution.

PAMPA CRUZ’s liability can only be incurred for personal fault causing direct damage, excluding any indirect damage as defined by local case law.

The User is solely responsible for their choice of Services and their suitability to their needs; PAMPA CRUZ cannot be held liable in this respect.

Subject to applicable legal provisions, no warranty is granted to Users.

PAMPA CRUZ does not guarantee User solvency, including Renters, despite use of card pre-authorization.

PAMPA CRUZ shall not be liable for fraudulent or abusive use, or for voluntary or involuntary disclosure to anyone, of the Identification Codes entrusted to the User.

PAMPA CRUZ shall not be liable for any loss or damage arising from the User’s failure to keep their credentials confidential.

PAMPA CRUZ shall not be liable for any breach of these General Terms.

PAMPA CRUZ does not guarantee proper performance of Rental Agreements concluded between Users via the Site, each Member remaining strictly responsible for proper performance of their contractual obligations without PAMPA CRUZ’s liability being engaged thereby.

PAMPA CRUZ shall not be liable for any infringement of Users’ rights in general.

PAMPA CRUZ shall not be liable for “comments” or “reviews” made by Users.

In accordance with local legislation in force, PAMPA CRUZ cannot be held liable for activities or information stored at the request of Users, except where it has been duly informed of the presence of manifestly unlawful content and has failed to promptly remove it.

PAMPA CRUZ shall not be liable for the removal of manifestly unlawful content posted by a User.

PAMPA CRUZ is not involved in relations between Owner and Renter Users. It cannot, under any circumstances, be considered an Owner or a Party to the Rental Agreement. PAMPA CRUZ’s role, as an intermediary, is limited exclusively to connecting Owners and Renters.

PAMPA CRUZ does not guarantee the Vehicle’s condition or proper functioning. Likewise, PAMPA CRUZ does not guarantee User solvency, despite the card pre-authorization used.

PAMPA CRUZ cannot be held liable for the accuracy of Rental listings posted on the Platform.

PAMPA CRUZ shall not have its liability sought or engaged arising from and/or following the Rental of a Vehicle through its Services.

PAMPA CRUZ is not liable for the rental’s non-conformity with the information provided by the Owner.

PAMPA CRUZ does not guarantee that documents required for a Rental (ID, driver’s license, etc.) meet the conditions required by these General Terms and/or by the insurance contract and insurance notices. Users themselves are responsible for checking documents provided by their counterpart to the Rental Agreement.

PAMPA CRUZ’s liability, whether tort or contract-based, cannot be engaged for events due to force majeure, a fortuitous event, or the act of a third party or the victim.

The User acknowledges that fortuitous events notably include breakdowns and hardware issues concerning equipment, computer programs and software, or the Internet network, including but not limited to interruptions, suspension, or shutdown of the Service.

Moreover, PAMPA CRUZ’s liability shall not be engaged in the event of a User’s failure to comply with local regulations.

Article 10 Insurance

10.1 Insurance subscription

Each Traveler is responsible for regularly insuring the rented Vehicle. The insurance chosen by the Traveler is subject to the Owner’s approval.

Users are offered comprehensive motor insurance or technical assistance.

To benefit from comprehensive insurance offered by the Site, the vehicle must be registered in one of the countries covered by partner insurance companies. In the case of Allianz insurance for vehicles registered in Germany, the Owner must inform their private insurer of their rental activity, failing which coverage may be forfeited. The Owner may use their own insurance policy if it covers rental to third parties. They must notify the Site in writing.

To make a Reservation for the rental of a Vehicle, the Traveler must accept the applicable insurance terms and conditions. The insurance terms and conditions are available directly on the PAMPA CRUZ Site.

Any Traveler not meeting these conditions is solely liable to the Site, the Owner, or third parties.

10.2 Loss of coverage

Errors or falsifications in data entry by Users may result in loss of insurance coverage.

Users may not, in such cases, seek PAMPA CRUZ’s liability.

Likewise, failure by the Owner to provide the vehicle’s GVWR, registration, or new value may justify a coverage forfeiture by the Insurer.

10.3 Reservation cancellation

Insurance fees are non-refundable. In the event of cancellation for a “COVID-19” reason, the amount corresponding to insurance fees may be reused on a future Reservation in the form of a rental credit.

10.4 Damage report

In case of damage during the rental, processing by the PAMPA CRUZ team and, where applicable, by our Insurer requires that the report and the documents to be provided by the Owner and the Traveler be sent to PAMPA CRUZ no later than twenty-four (24) hours after the facts if the vehicle is immobilized due to the damage, or twenty-four (24) hours after the Vehicle’s return if the damage did not prevent the rental from continuing.

Reports may only be made using a dedicated report form.

In the event of damage where the Traveler is liable or no third party is identified, each event will result in payment of an Insurance Deductible if the amount of damage exceeds the Deductible set by the insurance, or payment of repair costs if those are lower than the Deductible. The Traveler undertakes unreservedly to pay an insurance Deductible per reported claim. This may result in several Deductibles during a single rental period.

The Traveler expressly authorizes PAMPA CRUZ to debit from their bank account the amount of repairs corresponding to the Deductible defined by the insurance policy for the rental period (one or more Deductibles as applicable), or the amount of repairs upon presentation of an invoice or quote. If the Renter refuses to sign the condition report or has not provided the documents necessary for insurance intervention within twenty-four (24) hours after the damage occurred, an amount equivalent to one or more insurance Deductibles, or the total repair costs, may be debited and paid directly to the Owner to cover these damages.

In the event of liable damage not covered by insurance, PAMPA CRUZ will proceed based on the documents provided by the Owner and the Renter. This may result in settlement of the liable damage upon presentation of an invoice, which will be deducted from the rental’s security deposit.

As part of mediation by PAMPA CRUZ in managing a claim or dispute, a €49 processing fee will be applied to the party found responsible.

10.5 Owner’s obligations

In the event of damage to the Vehicle during the rental, the Owner undertakes to report the damage and to provide the requested documents within the above timeframe. In case of damage covered by insurance and assessed above the Deductible, opening the case by our Insurer requires that the documents and information referred to in Article 4.3 iii. be provided to PAMPA CRUZ no later than twenty-four (24) hours before the rental start date, and that they be up to date and valid. On pain of forfeiture, the Vehicle’s roadworthiness test must not require a retest or show any defect to be corrected with a retest. Once liability is determined and a decision communicated by PAMPA CRUZ after reviewing the file, the Owner undertakes to repair the Vehicle as soon as possible, within fifteen (15) days following the decision if the Vehicle has no booking on PAMPA CRUZ during this period. If the Vehicle is reserved via PAMPA CRUZ during that period, the deadline may be extended to one (1) month after the decision.

Article 11 Intellectual Property Rights

All elements on the Site are the full, entire, and exclusive property of PAMPA CRUZ or the Company’s partners. Any representation, copy, reproduction, use, distribution, display, or exploitation, in whole or in part, of any element on the Site by any process and on any medium is strictly prohibited, unless prior express authorization is granted by the Site or the Company.

PAMPA CRUZ also has full, entire, and exclusive ownership of photos and images added to the site by Users. The Site reserves the right to freely use these elements.

All content, information, files, and/or software displayed, contained, made available, reproduced, or provided on the Site are protected by applicable French and international laws.

PAMPA CRUZ disclaims all liability in the event of infringement of third-party rights arising from any activity or non-compliant use of the Site by a User.

Article 12 Personal data and cookies

Personal data collected on and by the Site is systematically declared to the Commission Nationale Informatique et Libertés (CNIL). In accordance with the “Informatique et Libertés” law of January 6, 1978, the User has the right to access, rectify, modify, and delete data concerning them. Such rights may be exercised with the Site by email at: “contact@pampacruz.fr”.

The Site uses “cookies.” These are intended solely to streamline, improve, and facilitate the User’s browsing on and within the Site. These cookies allow personalization of all services offered by the Site. Cookies consist of modules and files stored on the User’s device. The User may disable these cookies in their web browser. However, to improve, facilitate, and maximize browsing and the Site’s ergonomics, it is recommended that the User configure their computer and browser to allow the use of these cookies.

Article 13 Governing law and jurisdiction

These General Terms and the agreements concluded between Owners and Travelers when connected via the Site are governed by French law.

In the event of a dispute relating to the interpretation or performance of these General Terms, the Parties agree to seek an amicable solution.

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, Users may use the services of the following mediation body selected by PAMPA CRUZ: CNPM - MÉDIATION CONSOMMATEUR. In the event of a dispute, Users may file a claim on: https://cnpm-mediation-consommation.eu or send it by post to: CNPM - MÉDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond.

For any dispute with a professional User that could not be resolved amicably, PAMPA CRUZ and the Users agree to submit any dispute relating to the application and interpretation of these Terms to the court of the defendant’s domicile or registered office.

Appendix

Definitions

“Review”: means comments and/or evaluations made by a User regarding a Vehicle and/or another User published at the end of a contractual relationship between Users.

“Rental Agreement”: means the agreement by which an Owner grants use of a Vehicle for a set period and Price. It sets the conditions agreed between the parties during the rental period.

“Security Deposit”: means the amount deposited by the Traveler intended to cover potential damage to the vehicle, the Deductible, and other breaches of the Rental Agreement by the Traveler.

“Card pre-authorization”: means the pre-authorization on a bank account performed using a bank card.

“Service fees”: means the remuneration collected by the Site.

“Deductible”: under the insurance policy taken out by the Traveler, the deductible is the amount remaining at the insured’s (the Traveler’s) expense when a claim occurs. There may be multiple deductibles during a single rental. The amount is indicated in our insurers’ general conditions. Depending on the vehicle’s country of registration and the insurance used, PAMPA CRUZ offers an option for partial deductible buyback, thereby reducing its amount. The deductible and any buyback amounts are indicated in our insurers’ general conditions.

“Offer”: means the offer made by a Vehicle Owner to make said Vehicle available for rental to Travelers.

“Price”: means the total rental amount including Remuneration, the Site’s Service fees, and services chosen by the Traveler.

“Profile”: means data voluntarily provided by a User when registering on the Site or while using the Site.

“Owner”: means all Vehicle Owners wishing to offer them for rent on the Site. Owners concerned are those whose occasional vehicle rental activity is carried out privately and is not a primary source of income, or those whose vehicle rental activity is carried out professionally and is a primary source of income.

“Remuneration”: means the sum paid by the Traveler to a Vehicle Owner in consideration for making the Vehicle available and renting it.

“Reservation”: means the action by a Traveler to hold a Vehicle and obtain its use for a predetermined period in agreement with the Owner.

“Company”: means PAMPA CRUZ, a simplified joint-stock company, whose registered office is 2 rue Marc Donadille, 13013 Marseille, registered under unique identification number 910 748 672 with the Marseille Trade and Companies Register.

“User”: means both Owners and Travelers.

“Vehicle”: means any leisure or camper-type Motor Vehicle (MV) in the VL or PL category with insurance compliant with legal requirements.

“Light Vehicle (VL)”: means any Vehicle with a GVWR (gross vehicle weight rating) equal to or less than 3.5 tonnes.

“Heavy Goods Vehicle (PL)”: means any Vehicle with a GVWR greater than 3.5 tonnes. This type of Vehicle requires a specific license. For this type of Vehicle, each Owner and Traveler must also verify insurance compliance with applicable regulations.

“Traveler” or “Renter”: means any person who wishes to rent a Vehicle and be the primary driver.