General terms and conditions of rental and use (GTC)

1.1. These General Terms and Conditions of Rental and Use ( CGL ) govern access to and use of the RentCaraibes platform (related sites, applications and services, the Platform ), published by OSIRIS S.A.S. ( Publisher ).

1.2. The Platform connects customers ( Customers ) with professional tenants and service providers or, where appropriate, private individuals ( Partners ), offering rental offers including accommodation, vehicles, utilities, dual-service vehicles, motorcycles, boats, jet skis and related excursions, activities and services (the Offers).

1.3 Any account creation, booking navigation or payment shall be accompanied by full acceptance of the GTCs in force on the day of the transaction.

1.4. The GTCs are supplemented by: the Privacy Policy, the Cookie Policy, Partner Terms and Conditions (CG Renters) and the specific conditions of each Offer (the Lease Agreement concluded between the Client and the Partner).

For the purposes of these GCS, the following terms have the following meanings:

• Customer: any natural person who is of age and capable, or a legal person, with an account and booking an Offer.
• Consumer: Customer is a natural person who acts for purposes other than his or her professional activity (initial article of the Consumer Code).
• Partner: renter, owner or supplier offering Offers on the Platform, the sole co-contractor of the Client under the Rental Agreement.
• PSP: authorised payment service provider responsible for the collection, retention and reimbursement of funds (Stripe Payments Europe Ltd).
• Portfolio: account functionality for using a balance on the Platform under the terms of Article 9.
• Cashback: a promotional benefit granted by the Publisher under the terms of Article 10.
• Caution: deposit of a guarantee or prior bank authorisation required by the Partner, managed under the conditions of Article 11.

3.1. RentCaraibes is a technical intermediary: the Platform hosts, refers to and presents the Partners' Offers, transmits reservations and facilitates payment via the PSP. The Publisher is not a party to the Lease Agreement, which is concluded directly between the Client and the Partner.

3.2. The Publisher does not hold the funds of the Clients or Partners: payments are cashed in, held and reimbursed by the PSP under the terms of Article 8.

3.3. The Publisher acts diligently for the reliability of the Platform (description of the Offers declared by the Partners, moderation of manifestly illegal content, Article 17 mediation mechanism) but does not guarantee the performance of the Lease Agreement, which is the responsibility of the Partner.

3.4. Reference information (Article L111-7 of the Consumer Code): Offers are classified by default according to their relevance, availability and price; no classification is sold to Partners without explicit notification.

4.1. The creation of an account requires accurate and up-to-date information.The Client is responsible for the confidentiality of his/her credentials and for transactions carried out from his or her account, unless fraudulent use is reported without delay.

4.2 One registration per person. The Publisher may suspend or close an account in the event of fraud, default, violation of the GTCs or behaviour affecting the security of the Platform, subject to reasoned notice except in cases of urgency or legal obligation.

4.3. Identity checks (justifications, video verification or via a provider) may be required, in particular by the PSP under its regulatory obligations, before certain payment transactions or use of the Portfolio.

5.1. Each Offer specifies: the identity and quality of the Partner, the essential characteristics of the good or service, the TTC price, the fees, the applicable cancellation policy, the conditions (age, licence, experience, equipment) and, where applicable, the amount of the Guarantee.

5.2. The reservation is made on confirmation of the required payment (Article 7). The Customer receives a durable summary confirmation (email and/or customer space) of the booking voucher.

5.3. The particular conditions of the Partner (location status, fuel, franchise, additional drivers, navigation zones, restrictions on use...) are part of the Rental Agreement and are optional to the Client as soon as they have been communicated to him before the booking.

5.4. The Client guarantees the accuracy of the information provided (including dates, drivers, permits). Any false declaration may result in the cancellation of the Client's wrongdoing.

6.1.Prices are shown in euro, including all taxes.The applicable VAT is that in force at the place where the service is performed (rate in force in Guadeloupe: 8.5% except for special schemes).

6.2. In addition to the price of the Offer, which may be displayed before validation: file charges, insurance or warranty cancellation premium, service charges, fees related to the payment arrangements in stages (Article 7.4) or shared (Artide 7.5) No additional costs are payable if they have not been brought to the knowledge of the Customer before the order was validated.

6.3. Invoices (the Partner's services, expenses and services of the Publisher) are made available in the Customer's premises.

7.1. Payment operator. All payments are made by the PSP. Card data is collected directly by the PPS; the Publisher has no access to and retains no card data.

7.2. Amount to be charged for booking. Unless otherwise stated in the Offer, all charges and services are payable on the reservation: (i) full charges (file, insurance, roaming charges) and (ii) a rental payment at least equal to the minimum shown (percentage of the rental price with floor). If the minimum is above or below the rental price, the renting price shall be paid in full. The balance shall be payable according to the timetable shown and at the latest before the beginning of the lease.

7.3. Failure to pay: If a sum due has not been paid on due date, and after notifying it without effect within the time limit indicated, the reservation may be cancelled at the fault of the Customer; the amounts retained are those provided for in the cancellation policy of the Offer.

7.4 Payment in stages ( FlexiPay ). When offered, the payment in multiple instalments gives rise to specific pre-contractual information (number, amounts and dates of instalments, total cost of the scheduling service). The last rental deadline shall be at the latest 48 hours before the start of the lease. Due dates are automatically deducted from the registered payment method, which is expressly authorised by the Customer. In the event of failure, a refund shall be made with a correlation link; Article 7.3 shall apply in the absence of correlation.

7.5. Shared Payment ( SharePay ) The organising client may invite other payers to pay part of the price. The organiser remains the sole debtor of the balance towards the Partner: if a participant does not pay within the specified time limit, the organiser must regularise. Each participant receives a proof of payment.

7.6. Payment links. The payment links issued via the Platform are executed by the PSP. A link is for single use, with a limited validity, and does not constitute recognition of a service by the Publisher.

8.1.Funds paid by Clients are collected by the PSP on behalf of the beneficiaries (Partners for the rental share; Publisher for its costs, services and commissions) and are held by the PPP until reimbursed in accordance with the payment services regulations.

8.2. Reimbursement to Partners shall take place after the beginning of the lease, in accordance with the timetable agreed in the Partnership Terms and Conditions.

9.1. Nature. The Portfolio allows the use of a euro balance exclusively on the Platform to pay for all or part of a booking or services offered.

9.2. Supply. The portfolio may be supplied by bank card, refunds (Article 13) and promotional benefits (Art. 10). Supply and balance ceilings apply; they may be withdrawn after verification of identity (Articles 4.3).

9.3. No withdrawal. The function of withdrawing the balance to a bank account is not offered. The balance is neither remunerated nor transferable except in the cases provided for herein.

9.4. Reimbursement of unused recharges. The Customer may at any time request a refund of the part of his balance resulting from unused card charges; the refund shall be made by the original payment method, free of charge, within a maximum period of 14 days. Promotional benefits (Article 10) are non-refundable.

9.5. Transfer functionalities: Any functionality of sending or requesting money between users, where available, is a service provided by the PSP under the conditions and limits set by the PPP (identity verification, ceilings).

9.6. Closure of the account. In the event of closure, the balance resulting from unconsumed replenishments shall be reimbursed in accordance with Article 9.4 before effective closure.

10.1. Cashback and promotional credits are commercial advantages granted at the discretion of the Publisher and may only be used as discounts on bookings and services on the Platform, which are non-refundable, non-withdrawable, not transferable and have no monetary value outside the Platform.

10.2. Cashback for a booking becomes available at the earliest on the day following the start of the corresponding rental and may be cancelled if the original booking is cancelled or reimbursed.

10.3. In the event of fraud, misuse (self-ownership, multiple accounts, etc.) or manifest error of attribution, the Publisher may cancel the benefits concerned.

11.1.Where a Caution is required, it takes the form of a pre-authorisation (print) of a bank card made by a specialist provider on behalf of the Partner.

11.2. The deposit is not charged in its constitution. It is released after the property has been returned accordingly, within the time limit indicated on the Offer sheet, subject to bank deadlines.

11.3. Any withholding (damage, missing fuel, delay, fine, deduction) shall be decided by the Partner under his responsibility, on the basis of evidence provided to the Client (statement, photograph, quote or invoice).

12.1. Pursuant to Article L221-28, 12° of the Consumer Code, the right of withdrawal of 14 days does not apply to car rental, accommodation, transport and leisure services to be provided on a given date or period as is the case with the Offers.

12.2. On the other hand, the repeal policies of Article 13 are often more favourable.

12.3. For undated services, which may be sold remotely, the right of withdrawal shall be exercised under the legal conditions through the Platform's contact form; the Customer who requests immediate execution before the expiry of the deadline expressly acknowledges this.

13.1. Cancellation by the Customer. The consequences depend on the cancellation warranty form signed, displayed before booking:

• Premium: possible cancellation until the beginning of the lease full refund of the amounts paid for the leasing;
• Flexible: cancellation no later than 72 hours (or the advance notice indicated on the Offer) before the start of the rental refund of the amounts paid for the renting; after that period, the amounts are non-refundable;
• Eco-friendly / unwarranted: the rent is not reimbursable.

Unless otherwise stated, the costs of filing, insurance or guarantee premiums and service charges incurred shall not be reimbursable.

13.2. Cancellation by the Partner. The Client shall be reimbursed in full and unconditionally of all amounts paid, as soon as possible and no later than within 14 days.

13.3. Reimbursement terms. The refund is made by the original means of payment. The Client may, at his own discretion, opt for a credit on his Portfolio; this option is optional, revocable until the credit is consumed (reconversion into a refund on the original method upon simple request), and never imposed.

13.4. Modification. Any change (dates, driver, options) is subject to the agreement of the Partner and may result in a price adjustment.

13.5. Disruption / no-show. The absence of presentation or the interruption of the rental due to the Customer shall not entitle to any refund, unless otherwise stipulated in the Offer or underwritten warranty.

14.1. The Client undertakes to: hold the necessary authorisations (validity permit, minimum age, required experience); use the property reasonably, in accordance with its destination, the Rental Agreement and the regulations (road code, maritime regulations, authorized areas); return the property at the agreed dates, time and place, in its original condition.

14.2. Except with the written agreement of the Partner: sub-leasing, lending to an undeclared driver, use for commercial purposes, leaving authorised geographical areas, participation in competitions are prohibited.

14.3. The Client shall be liable for fines, infringements, fees and charges relating to the use of the property during the rental.

15.1. The insurance policies attached to each Offer (civil liability, damages, franchises, exclusions) are those described on the Offer form and in the insurance documents submitted before booking.The Customer is invited to read them carefully; the usual exclusions (driving under arrest, driver not declared, gross negligence, restricted areas) remain applicable.

15.2. Responsibility of the Publisher. The Publisher is responsible for the services it provides itself (the operation of the Platform, the transmission of reservations, payment intermediation via the PSP). It shall not be liable for the performance of the Rental Agreement, the condition of the property or any damage caused during the rental. The liability, when incurred, shall be limited to direct and foreseeable damages; this limitation shall not be imposed on the Consumer for bodily damages or in the event of serious or painful wrongdoing.

15.3. Availability. The Platform is available 24 hours a day, 7 days a week except for maintenance or force majeure; the Publisher does not guarantee uninterrupted availability of the Platform.

16.1. The notices published come from Customers whose booking has been verified; they are dated, not substantially modified, and moderated according to the charter available on the Platform (reasons for rejection listed in limited form).

16.2. The Client guarantees the ownership of the rights to the content it publishes and grants the Publisher a non-exclusive, worldwide and free license for its display on the Platform.

16.3. The Platform, its trademarks, databases and software elements are protected; any unauthorised substantive extraction or reuse is prohibited.

17.1. prior complaint: customer service legal@rentcaraibes.com or the Platform's contact form reply within 10 working days.

17.2. Consumer mediation (Article L612-1 of the Consumer Code): in the absence of a solution within 60 days, the Consumer may enter the consumer mediator free of charge; the contact details of the appointed mediator are indicated on the Platform and communicated upon request.

17.3. Applicable law and jurisdiction. LCCs are subject to French law. For Consumers, the mandatory protective rules of their habitual residence remain applicable; in the absence of a friendly agreement, the competent courts are designated under common law (for professional courts of Pointe-à-Pitre:).

18.1. Data processing (account, reservation, payment via the PSP, identity verification, anti-fraud, customer service, consent-based prospecting) is described in the Privacy Policy, which specifies the legal basis, retention periods, recipients (including the PSPs and guarantor) and rights of persons (access, rectification, deletion, opposition, portability, complaint to the CNIL). Contact: legal@rentcaraibes.com

19.1. The Platform shall send to the Partners the annual summary of the transactions carried out and shall make the declarations imposed on the platform operators (DPI-DAC7 provisions, Art. 1649 ter A et seq. of the CGI).

19.2. Each user remains responsible for his own tax and social obligations.

20.1. Modification of the GTCs: the Publisher may modify the GCCs; the version applicable to a booking is the version accepted at the time of that booking. Substantial changes affecting the accounts (including the Portfolio) are notified at least 30 days before their entry into force; the Client may close his account free of charge before that date (with the application of Article 9.6).

20.2. Partial nullity: the nullity of a clause does not affect others.

20.3. Non-resignation: not relying on a failure does not mean renouncing.

20.4. Evidence: the computerised registers of the Platform and the PSP are authentic between the parties unless otherwise demonstrated.

20.5. Language: the GLCs are written in French; translations are provided as a convenience, the French version prevailing.