Legal Notice and General Terms and Conditions of Rental

1. Legal notice
2. Your membership

III. Our services        

1. Use of our services
2. Make a reservation
3. Opening the vehicle with the app
4. The delivery and collection service       

1. Modification and cancellation of reservations and rentals

1. Early return
2. Cancellation, delay and fees
3. Change of reservation

1. Conditions of use of the vehicle       

1. Contraventions
2. Damage, accident, breakdown, theft
3. Return of the vehicle   
4. Special conditions and penalties         

1. Financial conditions

VII. Additional insurance and protection

VIII. Suspension of your membership

1. Applicable Privacy Statement
2. Changes to the General Conditions
3. Agreement on Evidence - Applicable Law

Annex A: List of countries covered

Appendix B: Basic and Premium Deductibles

Appendix C: Repair Schedule

Appendix D: Cookie Statement 

1. Legal notice

In accordance with Articles 6 and 19 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy (known as LCEN), we inform you that:

  The website toosla.com is the property of the company Toosla. The head office of this company is currently located at 24 rue des Compagnons - 51 350 Cormontreuil

The publication director is Eric Poncin, Chairman and CEO of Toosla.

For any question relating, in particular, to the use of the site or its contents, we invite you to contact the publishing company whose contact details are given below.

 The information provided on this site is solely intended for Toosla. You have the right to access, modify, rectify and delete data concerning you in accordance with Article 34 of the French law on "Information Technology and Civil Liberties". To exercise this right, please contact :

 Toosla

 Customer Service

 24 rue des Compagnons - 51350 Cormontreuil

Copyright: The site and its contents are protected by copyright. Any partial or total reproduction of the site or any of its elements is prohibited. The insertion of hypertext links to the site is only possible with the prior and express permission of Toosla.

1. Your membership

To benefit from the services offered by Toosla, you must

• Have a valid driver's license for at least 3 years,
• Be at least 21 years old,
• Have a full account, 

You must complete the membership form via the Toosla Application by filling in the fields with complete and accurate data. In the event of an incomplete or erroneous declaration, the Member's account may be closed, ipso jure, without prior notice or formality. The Member agrees to indemnify Toosla for any consequences that may arise from this incomplete or erroneous declaration. 

You are responsible for all activity that occurs under your account, and you agree to maintain the security and confidentiality of your user ID and password at all times. Unless authorized in writing by Toosla, you may only have one account.

Except with Toosla's prior consent, you may not authorize others to use your account, nor may you assign or otherwise transfer your account to any other person or entity.

You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., transporting illegal or dangerous materials is prohibited). 

You will be required to provide proof of your identity and/or TIN (Tax Identification Number) to access or use the Services and you agree that access or use of the Services may be denied if you are unable to provide proof of your identity.

In order to receive confirmation of your bookings and information messages regarding your rentals, you will need to provide us with a valid e-mail address and your mobile phone number.

During your membership, you will be asked to send us, via the Toosla Application, the following information:

• A photo of your original driver's license. You will need to keep your driving licence valid in the European Union for the duration of your membership,
• A photo of your original national identity card or passport,
• A picture of yourself,
• Register a credit card with your first and last name,
• A valid mobile phone number (verification done by sending an SMS)

All supporting documentation you provide to us must be valid at the time of each vehicle rental and for the duration of the rental.

Your membership will only be finalized after validation of your identity via the Toosla Application. If you fail to take part in this step and/or if Toosla is not able to validate your identity, your membership will be suspended and will only be finalized after validation of your identity by any other means proposed by Toosla.

By subscribing to the service offered by Toosla, you acknowledge that you have read the General Conditions and agree to comply with them. Each time you rent a vehicle, you will be required to reiterate your acceptance of the terms of the General Conditions.

Once your membership has been validated, you can complete your profile with information about yourself. In this respect, you guarantee that you hold all the necessary rights to use this information and/or images in the context of your profile and grant Toosla a right of use, reproduction and representation in the context of your use and the provision of the Toosla Application as well as in the context of any promotion of the services used by Toosla (via the Internet, television and/or on paper). This authorisation is valid for the duration of your membership of Toosla and covers both elements subject to intellectual property rights and those relating to the protection of your private life and your right to an image.

 III. Our services

The Services provide a technology platform for users of Toosla's mobile applications that are provided as part of the Services (each an "Application") to book and rent Toosla vehicles. Unless otherwise agreed to by Toosla in a separate written agreement with you, the Services are made available to you for personal, non-commercial use only.

The Services may be made available or accessible as part of third party services and content (including advertising) over which Toosla has no control. You acknowledge that different terms of use and privacy rules may apply to your use of such third party services and content. Toosla does not endorse such Third Party Services and content and, under no circumstances, will Toosla be responsible or liable for any products or services of such Third Party providers.

In addition, Apple Inc, Google, Inc, and/or their relevant international subsidiaries and affiliates shall be third party beneficiaries under this Agreement when you access the Services using the Applications developed for Apple iOS, Android respectively. Such third party beneficiaries are not parties to this Agreement and are in no way responsible for providing or assisting with the Services. Your access to the Services using such devices is subject to the terms and conditions set forth in the relevant third party beneficiary's terms of service.

1. Use of our services

• Sending SMS,

 By creating an Account, you agree that the Services may send you informational SMS messages in the normal course of business arising from your use of the Services.

• Promotional codes

Toosla may, in its sole discretion, create promotional codes that may be used to obtain account credit, or other features or benefits related to the services and/or services of a third party provider, subject to any additional provisions established by Toosla on a case-by-case basis for promotional codes (the "Promotional Codes"). 

You agree that the :

• must be lawfully used by the intended audience and for the intended purpose 
• may not be duplicated, sold or transferred in any way, nor may they be made available to the general public (whether posted on a public forum or otherwise) unless expressly authorized by Toosla 
• may be deactivated by Toosla at any time for any reason without liability to Toosla 
• can only be used in accordance with the specific conditions established by Toosla for each Promo Code 
• are not valid for receiving cash 
• may expire before being used. 

 Toosla reserves the right to decline or reduce any credits or other features or benefits obtained through the use of the Promo Codes by you or any other user in the event that Toosla deems or believes that the use or redemption of the Promo Code has been erroneous, fraudulent, illegal or contrary to the terms and conditions applicable to the Promo Code or these Terms and Conditions

•  Content provided by the user

 Toosla may, in its sole discretion, allow you to submit, upload, publish or otherwise make available to Toosla via the Services textual, audio and/or visual content and information, including comments and feedback relating to the Services, the initiation of requests for assistance and the submission of answers or achievements in contests and promotions ("User Content"). 

 Any User Content you submit remains your property. 

 However, by submitting User Content to Toosla, you grant Toosla a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform and otherwise exploit, in any manner whatsoever said User Content in all formats and through all channels of distribution now known or hereafter devised (including in connection with the Services and Toosla's business and on third party sites and services), without further notice to or consent from you, and without any requirement to make any payment to you or any other person or entity.

You represent and warrant that: that you are the sole and exclusive owner of all User Content or have all the rights, licenses, consents and releases to grant Toosla the license to the User Content as set forth above; and that neither the User Content nor your submission, uploading, posting or otherwise making available of such User Content nor Toosla's use of the User Content as granted herein infringes, misappropriates or violates any third party's intellectual property or proprietary rights, or rights of publicity or privacy, or results in the violation of any applicable law or regulation.

You agree not to provide any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal or in any way offensive, as determined by Toosla in its sole discretion, whether or not such material is legally protected. Toosla may, but is not obligated to, review, monitor or remove User Content, in Toosla's sole discretion, at any time and for any reason, without notice to you. 

• Network access and devices 

You are responsible for obtaining access to the data network used to use the Services. Charges and rates for data and text traffic on your mobile network may apply if you access or use the Services from a wireless device, in which case you will be responsible for such charges and rates. It is your responsibility to equip and update compatible hardware or devices necessary to access and use the Services and the Applications and any updates thereto. Toosla does not warrant that the Services or any portion thereof will operate on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

2. Make a reservation

 You can book a vehicle via the Toosla App.

To make a reservation, you will need to indicate the pick-up location, the rental period (start and end date and time) and the vehicle you wish to rent.

Depending on the vehicle, a certain number of years of licence and a minimum age are required. You must reserve the vehicle before you can use it. When you make your reservation, you will be offered different vehicles, depending on availability for the period concerned, the place of pick-up and the place of return.

Toosla will make every effort to provide you with the vehicle you have chosen. 

If, for reasons of maintenance, accident or breakdown, Toosla is not able to guarantee the rental of a specific vehicle (or model of vehicle) but will offer you a model at least equivalent (comfort, habitability, power) to the one for which you have made a reservation (subject to availability).

If no Toosla vehicle is available, we reserve the right to cancel the reservation without prejudice. The cancellation of the reservation will not give rise to any compensation other than a full refund of the reservation.

You may reserve the vehicle up to six (6) months in advance and without limit to the number of reservations. You cannot book two (2) vehicles simultaneously on the same rental slots scheduled or already in progress.

You will receive a confirmation of your reservation by e-mail as soon as the payment and the bank imprint are confirmed (see paragraph X1.2 concerning the guarantee).

3. Opening the vehicle with the application

The vehicle is opened via the Toosla application. It is therefore essential to have a smartphone (Android or iOS) in working order and compatible with the Toosla application, with an Internet connection, geolocation and Bluetooth in order to rent a Toosla vehicle.

You must activate the Bluetooth function of your smartphone before picking up the vehicle. This is the function that allows the phone to be opened via the smartphone. If Bluetooth is not activated, you will not be able to open the vehicle.

Any use made through your account on the Toosla Application shall be deemed to have been made by you.

In case of loss or theft of your smartphone that could lead to unauthorized use of your account on the Toosla Application, you must contact the Toosla customer service without delay in order to have your account suspended.

Before you can start the vehicle, you must first check whether there is any damage to the vehicle and, if so, you must report the damage, with photos, via the Toosla Application in the section provided for this purpose. If you fail to do so, you will be held responsible for the damage and any compensation. The member expressly agrees to compensate Toosla in the event of damage

You must also check for the presence of the vehicle's documents and components, the vehicle's papers (copies or originals) and the mandatory safety equipment. 

4. Delivery and collection service: 

Toosla offers an optional vehicle delivery and collection service. This service is available 24 hours a day, 7 days a week. The delivery service automatically includes the pick-up of the vehicle at the rental departure address. 

Eligibility requirements : 

All bookings where the address is included in an eligible area and where the departure is scheduled within a minimum of 18 hours can benefit from the vehicle delivery - collection option.  

Eligible areas :

• Paris (75), Neuilly-sur-Seine, Levallois-Perret, Boulogne-Billancourt, Issy-les-Moulineaux, Montrouge, Vincennes, Saint Mandé. 

• The whole area of Madrid located inside the M-30 ring road. 

Operation :

• Select the delivery and pick-up option at the time of booking,
• The customer enters the unique delivery address directly into the application,
• At the beginning of the rental, the application displays the geolocation information to the customer in the drive mode. The car will be located at the address indicated by the customer or within a radius of 500 meters, in a parking space provided for this purpose in the public space.
• At the end of the rental period, the client parks the car at the departure address in compliance with the traffic regulations and ensures that the conditions for the deposit of the vehicle by Toosla are respected until the vehicle is collected. 

Conditions of deposit of vehicle for recovery :

•  The vehicle must be parked within 500m of the agreed address, 
• The vehicle must be parked in an authorised space on the public highway and be accessible,
• The client is responsible for parking costs from the start of the rental period until the vehicle is picked up by Toosla,
• The vehicle remains under the responsibility of the renter until it is collected. Toosla will collect the vehicle between 7.30 am and 11.30 pm. 

Additional costs :

- If the vehicle is parked outside the authorized radius, additional costs may be charged (see general rental conditions: recovery costs)

- In the event of parking on a non-public space for cars (delivery space, cash in transit, people with reduced mobility, disruptive parking ...), the additional costs of vehicle recovery will be charged to the tenant.

- Any hour of delay in relation to the initial contract will incur a charge of 16€TTC / hour (non-divisible hours).

- The rental can not be extended less than 24 hours before the scheduled return time, otherwise a fee of 50 € will be charged to the tenant.

1. Modification and cancellation of reservations and rentals

1. Early return

Early return of the vehicle is always possible free of charge. This return must be made to the Toosla area of the vehicle's departure station, or to the address indicated by the client in the case of delivery. This early return does not result in any refund or discount on the total amount of the rental, nor on the duration or the mileage package not used.

1. Cancellation

In case of cancellation of the reservation. The request must be sent to the customer service only by e-mail to the following address: [e-mail]. The conditions of reimbursement differ according to the reason for the cancellation and the time period in which the request is sent in relation to the start of the rental period. 

CANCELLATION POLICY	CANCELLATION FEES APPLIED
More than 12 hours before the start of the reservation	Full refund without charge
Between 12 hours before and the departure time of the reservation	95€TTC retained + shipping costs if applicable
From the departure time of the reservation	Retention of the total amount of the reservation up to 370€TTC

3. Change of reservation : 

The following items can be changed up to 12 hours before the start of the rental period.

- change the departure date of your rental*. 

- add or remove an option*.

- change vehicles*.

Depending on availability.

 To make a change, contact customer service via your Toosla application. In the "profile" tab click on "help center" and then on the "phone" icon.

1. Conditions of use of the vehicle.

Unless a second driver is added, the member is the only person authorized to drive the rented vehicle with his account.

Any use of the vehicle by a user other than the subscriber or the additional driver mentioned at the time of reservation of the vehicle implies the forfeiture of the guarantees subscribed in the rental contract. The person not authorised by Toosla is fully responsible for any damage caused during the rental of the vehicle. 

You must use the Toosla App to lock and unlock the vehicle during the rental.

You must use the vehicle carefully and in accordance with the laws and regulations of the country in which you are driving. You must supply the appropriate fuel, maintain a normal state of internal and external cleanliness and ensure that it is properly monitored by locking it when not in use.

You must only use the vehicle to carry passengers who do not exceed the seating capacity. And ensure the safety of all passengers while driving.

You must not operate the vehicle if you are under the influence of alcohol or any other substance that is prohibited and/or may impair your judgment, reflexes and driving ability and/or cause drowsiness.

1. Contraventions

You are responsible for all traffic fines (including parking, bus lane violations, speeding, boot charges, tolls, etc.) and any other charges incurred while using the vehicle in France and Europe. 

Any processing of a ticket by our services will result in a processing fee of 20€ including VAT. For tickets with a designation, a processing fee of €20 including VAT is charged. For notices of fixed rate parking tickets, known as "FPS", the fixed amount is invoiced as well as the processing fee of €20. During processing, you authorise Toosla to communicate your information (driving licence) to the authorities requesting it for the correct transmission of the fine (Spanish or foreign).

1. Damage, accident, breakdown, theft

In the event of damage to the vehicle, you must notify us immediately via the Toosla application under the heading "contact customer service". In case of damage to a third party and/or to public or private property, you must take photos of the Toosla vehicle and its damage and send them to us via the Toosla application under the heading "report damage".

In the event of an accident, you must contact Toosla customer service. You must take photos and draw up a joint report. A scan of the clear and legible report must be sent to us by e-mail to [e-mail] and the photos via the Toosla application, under the heading "report damage".

In the event of a breakdown or malfunction, do not under any circumstances use an independent breakdown service and do not allow anyone to work on or repair the vehicle without our permission. 

Depending on your car model, contact : 

- Mercedes Assistance: 00800 177 777 777 , if you have rented a Mercedes,

- BMW Assistance: 0 800 001 624, if you have rented a BMW,

- Tesla Assistance: 09 70 73 08 50, if you have rented a Tesla.

You must not under any circumstances (except in cases of danger) abandon the vehicle and must wait for the arrival of the assistance / breakdown service. 

In the event of theft or damage to the vehicle (vandalism), you must report it to the police within a maximum of 48 (forty-eight) hours and inform the customer service. Once the complaint is filed, you must send it to us by mail.

In the event of damage to public or private property, you must fill in a report and provide information on the circumstances of the accident. 

In all of the above cases, you must, to the extent permitted by law, pay the amount of the deductible specified in the rental agreement, including any contractually applicable taxes and fees. You may reduce your deductible by purchasing the additional coverage detailed in Appendix B.

1. Return of the vehicle

• Return time and late penalties

You have until the end of your rental period to return the vehicle. The date and time is communicated on your rental agreement and is the date and time you chose when you made your reservation. You can extend your rental at any time via your Toosla app, subject to availability. 

In case of delay, you must inform customer service by phone or by message directly through the Toosla application (customer service section).

In the event that the vehicle is not returned on the date stated in the rental agreement, and if a period of 12 hours elapses without any news from you regarding the delay in returning the vehicle, Toosla will consider the vehicle to be illegally appropriated and may file a complaint with the competent local authorities.

Penalties are then added to the rental charge (see VI for details of financial conditions).

•  Place of return and non-return of the vehicle.

You must return the vehicle to the car park whose address is provided on the Toosla application. You must return the vehicle to the Toosla zone: the level and the numbers of the spaces (when they exist) are also provided on the Toosla application. 

In case of non-return to the mentioned location, Toosla can claim a compensation of 360 euros as well as the total amount of the damage suffered (travel, cancellations of reservations, administrative steps ...). 

• Fuel

You are free to return the vehicle with more or less fuel than when you picked it up, with a minimum of 25%.

You must return the vehicle with a minimum of 25% in the tank of the vehicle so as to leave sufficient autonomy to the next customer. If the level of fuel returned, is less than 25% (¼ of the tank) a compensation of 50 euros will then be charged. 

• State of cleanliness of the vehicle on return

You must return the vehicle and optional services/products in the condition in which they were given to you, with the exception of normal wear and tear. Please inspect the vehicle thoroughly prior to departure and complete the initial inspection if necessary by declaring further damage (drive mode page) before terminating the rental. 

The vehicle must be returned clean, cleaning fees may be charged. These fees are excluded from coverage.

Our vehicles are non-smoking, so it is forbidden to smoke in the cabin.

•  Inventory of the vehicle on return (damage and claims)

At the end of the rental period, check the condition of the vehicle and report any damage to the vehicle when you have it at your disposal via the Toosla Application. You are responsible for the vehicle until our preparer comes to do a digital inventory. 

• . Vehicle equipment

For your safety and comfort, Toosla vehicles are equipped with a parking badge, a warning triangle, a safety vest, a first aid kit, a photocopy of the vehicle registration document, the insurance badge and an inflation kit if the vehicle is not equipped with a spare wheel or runflat tyres. 

You must leave this equipment in the vehicle when you return it. 

• End the rental

You must press the "End Rental" button in the Toosla Application to end your rental.

Before the vehicle entrusted to you is rented again to another Member, it is checked by Toosla, which will ensure that the Member complies with the terms of the General Conditions.

• Lost and Forgotten

You must imperatively inform our services by email at [e-mail] in order to prevent your forgetfulness in the vehicle. A minimum delay of 10 days is estimated so that we can make a return to you. We note your urgent request but we will not be able to give you a follow-up within the day. We will send you in the next few days a follow-up email with a possible recovery address in case your item is found. If you want your item to be sent, you will have to pay shipping costs. Important information: the objects are kept for a maximum of 2 months from its recovery. After this date, the items will be destroyed. We will not be responsible for any loss.

4. Special conditions and penalties

At Toosla, we pay particular attention to the proper use of the vehicle and to all regulations in force, so that each user can respect the use of all users of the Toosla service. Therefore, Toosla reserves the right to suspend the membership of any client who is subject to any kind of procedure or request for requisition by the police.

In the event of a request for requisition and/or request for intervention by the forces of law and order :

- The user accepts without restriction that Toosla may provide his/her contact details.

- The user's account will be suspended by Toosla

- If the request for intervention by the police takes place during a rental, penalties will be applied.

• Intervention on Sunday : 150€ for management of the intervention
• Cancellation of the reservation or the current contract without refund
• Recovery of the vehicle with the application of the recovery fee for non-return cited in Article VI.3 hereof.

1. Financial conditions
2. Vehicle rental fee

The rates for each rental will be calculated at the time you make the reservation and will be displayed on your smartphone screen (including the selected options) via the Toosla App before you validate.

Your credit card will be charged at the time of booking for the rental fees and options selected. 

The cost of your rental for the vehicles includes the expected rental time of the chosen vehicle with an allocated mileage. The distance travelled is calculated by the Toosla application.

2. Security deposit and pre-authorization

 18 hours before the start of your rental, we will ask you to make an imprint on your credit card corresponding to the amount of the vehicle's guarantee (less than or equal to the amount of the deductible for the level of insurance taken out). You must validate it manually. The rental is confirmed when the deposit is accepted. 

The rental is confirmed when the security deposit is accepted. If the security deposit is not accepted, we will notify you. You have until one hour before your departure to correct your situation so that the deposit can be authorized. Otherwise, your reservation will be automatically cancelled and a handling fee will be applied. 

The amount of the pre-authorization or deposit varies according to the vehicle and the coverage taken out. This is indicated when choosing the protection during the booking process: 

• 2 500€ to 5000€ for basic protection
• 10500€ to 2000€ for the medium protection
• 3 60€ to 500€ for premium protection

Protection and young drivers: customers under 25 years of age are not eligible for PREMIUM protection. 

Method of payment of the deposit : 

• For reservations of less than 25 days, the deposit is made in the form of a pre-authorization.
• For bookings of 26 days or more, the deposit will be taken from the payment method provided. 

3. Additional end-of-tenancy fees

Additional end-of-lease charges are for extra kilometres, delays and fuel balance. 

• Mileage report

If you exceed the distance included in your rental package, you will be charged for the additional distance travelled. 

The amount of the extra cost is calculated on the basis of the rate per extra kilometre mentioned on the vehicle sheet at the time of booking. 

• Fuel balance

The car must be returned with at least 25% of the fuel tank.

If the vehicle is returned with more fuel than when it was picked up, the difference will be reimbursed at the price of fuel per litre.

If the vehicle is returned with less fuel than when it was picked up, the difference will be charged at the price of fuel per litre. 

If the vehicle is returned with less than 15% of the full tank, a penalty of 35€TTC will be applied. 

• Delay

Toosla offers an additional two hours from the end of the rental period. 

From 2 hours and one minute of delay, late payment penalties apply: 

• 8.00 € penalty after 2 hours and one minute, 
• 16.00 € penalty after 3 hours and one minute,
• 8.00 per hour after 180 minutes.

If the vehicle is not returned to the designated location (at the station or at the point of departure for a pick-up), penalties for non-return will apply: 

• Penalty for non-return in the Paris area: €50 inc. tax + €35 inc.
• Penalty for non-return in the Ile de France area: 120€ inc. tax + 35€ inc.

Non-return penalty for France zone: 120€TTC + 0,75€ per additional km + 35€TTC administration costs

4. Damage: assessment and compensation procedures 

Each vehicle is inspected between 2 rentals, each inspection is formalized by a complete digital inventory of each vehicle. Any damage noted on the return of the vehicle by one of our inspectors will be the subject of the creation of a detailed file accompanied by photos of the damage(s), file transmitted as soon as possible to the member. 

• Case of slight damage: any damage that does not result in the immobilisation of the vehicle for repair shall be considered as slight damage. Such damage, if eligible, will be subject to a lump-sum compensation according to the schedule in Appendix C. The scale includes all the elements constituting the loss for Toosla, such as repair, preparation of the file, commercial loss, etc. In the event of minor damage that is not eligible for the scale, an estimate will be drawn up. The member agrees to compensate the Hirer for the monetary equivalent of the said estimate, up to the amount he/she is responsible for if his/her liability is established and if he/she does not benefit from an optional or non-optional excess limitation. 
• Cases of heavy damage: are considered as heavy damage, any damage leading to the immobilization of the vehicle, either because the vehicle is no longer drivable, or because it no longer corresponds to the qualitative criteria allowing its commercial exploitation. Any damage noted on the return of a vehicle shall be assessed by an independent expert approved by the insurance companies. The member expressly agrees to compensate the Hirer for the monetary equivalent of the damage to the rented vehicle, up to the amount he/she is responsible for if his/her responsibility is established and if he/she does not benefit from an optional deductible limitation.
• if the member wishes to have a second opinion, he/she must inform Toosla in writing within 48 hours of receiving the detailed file 

5. Compensation for failure to comply with the conditions of return

When the return conditions are not respected (fuel below 15%, lack of one or more equipments in the vehicle, vehicle returned very dirty or smelling of cigarettes,...), the member agrees to compensate Toosla up to:

Vehicle equipment: any missing item will be charged according to the following schedule: 

• Parking badge: 100€.
• Warning triangle: 20€.
• Safety vest: 20€.
• Inflating kit : 100€.
• Photocopy of the car registration document: 20€.
• Insurance papers: 20€.
• First aid kit: 100€.

State of cleanliness of vehicles: The vehicle must be returned in a state that does not correspond to the conditions of return of the vehicle

• Deep cleaning outside : 30€.
• Deep cleaning inside: 30€.
• Smell of cigarette/ash: 50€.

6. Invoicing and payment method

By reserving a vehicle, you agree to pay Toosla all costs associated with the rental (including any additional charges) and to pay all costs associated with your use of the vehicle (e.g. fuel).

 At the time you finalise your booking, we will debit your account with the rental fee agreed at the time of booking.

 Toosla accepts the following payment methods:

• Visa debit/credit card (with exceptions below)
• MasterCard debit/credit card (with exceptions below)
• American Express Debit/Credit Card (with exceptions below)

We do not accept Visa Electron, Travelers Cheque American Express and prepaid cards even if they have the Visa or MasterCard logo

We will not be responsible for any surcharges, fees or additional costs that your bank may charge you.

In the event that your bank refuses to authorise payment or to pay the rental amount, we reserve the right to suspend your registration and to immediately cancel any vehicle reservation you may have made.

By making a reservation and providing us with your credit card information, you authorize Toosla to charge all costs related to your rental, including the insurance excess in case of damage.

VII. Additional insurance and protection

1. General

Subject to compliance with the General Conditions, you will benefit from the compulsory Third Party Liability Motor Insurance and cover for theft and damage to the vehicle.

Subject to compliance with the membership and rental conditions, you will only have to pay the deductible in the event of damage to the vehicle, its equipment or accessories as well as in the event of theft, attempted theft or vandalism. If the compensation is lower than the deductible, you will only have to pay the amount of this compensation, a downtime allowance, any towing costs and the costs of managing the damage. The amount of the deductible depends on the supplementary coverage you may have taken out (see Appendix B).

If you fail to comply with the General Conditions and/or if the loss, damage or theft is intentional or caused by gross negligence, you will not be covered by any insurance.

EVEN IF THE CUSTOMER HAS SUBSCRIBED TO THE OPTIONAL LIMITATIONS OF LIABILITY PROVIDED IN APPENDIX B, ANY USE OF THE VEHICLE CONTRARY TO THIS ARTICLE MAKES THE CUSTOMER OR ANY AUTHORIZED DRIVER RESPONSIBLE FOR DIRECT AND INDIRECT DAMAGES, COSTS AND LEGAL EXPENSES, WHICH ARE THE CONSEQUENCE.

UNLESS IT DEMONSTRATES THAT THEY TOOK PLACE WITHOUT HIS FAULT, THE CUSTOMER AND ANY AUTHORIZED DRIVER ARE RESPONSIBLE, PURSUANT TO THE PROVISIONS OF ARTICLE 1732 OF THE FRENCH CIVIL CODE, FOR LOSS AND DAMAGE CAUSED TO THE VEHICLE DURING THE LOCATION. The liability of the Customer or any Authorized Driver may include the amount of repairs assessed by expert opinion or invoiced by the mechanic, the market value of the vehicle, compensation for immobilization of the vehicle and all other ancillary costs in connection with the loss or damage caused to the rented vehicle during the rental (such as, in particular, towing costs, vehicle storage costs, appraisal costs, expert's fees, file management costs, etc.), as well as the cleaning costs made necessary by an excessively dirty state of the vehicle.

2. Exclusion conditions for basic, medium and premium coverages. 

Protection and young drivers: customers under 25 years of age are not eligible for PREMIUM protection. 

The BASIC, MEDIUM and PREMIUM deductibles do not apply: 

• in the event of intentional or fraudulent misconduct within the meaning of Article L.113-1 of the Insurance Code,
• in the event of negligence or gross negligence on the part of the Customer or the authorised Driver (e.g. keys left in the vehicle), 
• in case of violation of the provisions of the Highway Code 
• off the road
• for the transport of goods for consideration 
• for the transport of persons for hire or reward 
• for learning to drive
• for tests, competitions or car races
• by any person under the influence of alcohol (blood alcohol level higher than the legal limit) or of any prohibited substance (drugs, medicines, etc.)
• to carry a load or number of passengers in excess of the manufacturer's specifications
• for the transport of flammable, explosive or radioactive materials, which could damage the vehicle or pose an abnormal risk to its occupants and/or third parties; this exclusion does not apply to the transport of usual and ordinary products such as bottles of alcohol, mineral oil or gas refills
• to push or tow another vehicle
• in countries prohibited by the Lease Agreement as described and listed in Appendix A 
• for any subletting 
• to circulate in areas forbidden to the public (airport areas, military, etc.) 
• for any sharing of driving by a third party not declared to the customer service
• driving with an expired, suspended or revoked driver's licence 
• in case of attempted fraud 
• in the event of intentional misrepresentation in the rental contract, in the Declaration of the circumstances of the accident, fire or theft, or in the joint insurance report drawn up after an accident 
• for damage not considered to be fire (i.e. burning with flames), such as cigarette burns 
• for damage to the Customer's or Authorized Driver's effects or goods carried in the vehicle 
• for interior damage 
• for a fuel error (wrong fuel put in the vehicle)
• in the event of theft of the vehicle by the Customer's employees or any authorised Driver, members of their family (cf. article 311-12 of the Penal Code) or persons living under their roof 
• theft of the Client's or Authorized Driver's belongings and goods carried in the vehicle 
• for the theft of wheels (rims and/or tires of the vehicle)
• In case of modification of any body, aesthetic, mechanical or functional part of the vehicle without warning and not authorized by Toosla. 
• For the abandonment of the damaged or broken down vehicle. 
• The costs of not returning the vehicle are not included in the excess.

3 - OBLIGATION IN THE EVENT OF AN ACCIDENT

3.1 General obligations: In the event of a claim of any nature whatsoever - accident, attempted theft, fire, collision with a wild animal or any other damage suffered by the vehicle - (the "claim"), the Customer or any Authorized Driver must take all useful measures to safeguard the interests of Toosla and, where applicable, of the insurance company, namely:

- Notify the Lessor as soon as possible and at the latest within 5 working days following the occurrence or discovery of one of the above-mentioned claims or damages, under penalty of being able to lose the benefit of the insurance guarantees provided for in Article VII 1 and the optional Limitations of Liability referred to in Article VII 2, if the delay in the declaration has caused damage to the Lessor. The benefit of the said insurance guarantees and Limitations is however maintained if the delay in the declaration is due to a case of force majeure.

- The forfeiture of the insurance guarantees provided for in article 1 is however unenforceable against injured third parties and victims of traffic accidents or their beneficiaries, in accordance with article R. 211-13 of the Insurance Code . He is also required to:

- notify the police or gendarmerie if necessary,
- complete the declaration request sent by the Lessor's claims department ("the Declaration")

Which must be returned to Toosla duly completed, under penalty of losing the benefit of the optional guarantees referred to in article 1. The Declaration sent by the claims department of the Lessor to be returned to the latter as soon as possible must mention:

- the circumstances, date, place and time of the incident,
- the name and address of any witnesses,
- if applicable, the registration number of the third-party vehicle involved,
- the name and address of the owner of the third party, the name of the insurance company

3.2 Specific obligations in the event of an accident

In the event of an accident, the Customer or any Authorized Driver must, in addition to performing the obligations set out in Article 3.1, draw up a report by completing the document made available in the vehicle, except in cases of force majeure.

If a police or gendarmerie report or a bailiff's report has been drawn up, these documents must be attached to the said Declaration.

3.3 Specific obligations in the event of theft

In the event of theft of the vehicle, the Customer or any Authorized Driver must:

- notify the Lessor as soon as possible and at the latest within two working days following the discovery of the theft, in particular in order to allow the Lessor to have access to the geolocation data of the vehicle in due time, under penalty of being able to lose the benefit from the optional Limitations of Liability referred to in article 3.1,
- if the delay in the declaration has caused damage to the Lessor. The benefit of the said Limitations is however maintained if the delay in the declaration is due to a case of force majeure
- lodge a complaint within the same period with the competent authorities. A copy of the complaint report must be given to the Lessor as soon as possible by the Customer or any Authorized Driver. Failing this, the rents owed by the Customer continue to run, unless the delay in filing a complaint is due to force majeure.
 

VIII. Suspension of your membership

We may suspend your membership if you have not paid your bills. We may also suspend your membership if your driver's license no longer meets the requirements for using our vehicles (e.g., cancellation, suspension).

Toosla reserves the right to remove from its client list any Member who does not comply with the content of these General Terms of Use.

1. Privacy Statement for Members

Effective date: November 10, 2016

Toosla collects data about you when you use our mobile applications and other online products and services (collectively, the "Services"), and through other interactions and communications you have with us.

Scope: This Privacy Statement (the "Statement") applies to individuals who use our applications or Services to request our services ("Members"). 

We collect data that you provide directly to us, for example, when you create or modify your account, make a reservation, contact the Member Relations Department, or otherwise communicate with us. This data may include: name, email address, telephone number, postal address, profile picture, payment method, requested items, and other information you have chosen to provide.

In its relations with the Member, Toosla may process, on its own behalf, the Member's personal data, which the Member provided to Toosla when registering or subsequently via the Toosla Application.

When you use our Services, we collect data about you in the following general categories:

• Location Data: When you use the Services, we collect the precise location of the vehicle from the data available in the connected box inside your rental vehicle. The location of your smartphone is also transmitted to us at the time you complete your rental.
• Transaction Data: We collect transaction information related to your use of our Services, including the date and time the Service was provided, the amount charged, the distance traveled, and any other transaction-related information.
• Usage and Preference Information: We collect information about how you and site visitors interact with our Services, the preferences you express and the settings you choose. In some cases, we do this through the use of cookies, web beacons and similar technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Statement in Appendix D of this document.
• Log Data: When you interact with the Services, we collect server logs that may include information such as IP addresses, days and dates of calls, application or page view characteristics, application crashes and other system activity, browser type, and the third-party site or service you use before interacting with our Services.
• Important information about platform permissions: Most platforms (iOS, Android, etc.) have defined certain types of mobile data that apps cannot access without your consent. Also, these platforms have different permission systems to get your approval. The iOS platform will alert you the first time the Toosla app wants permission to access certain types of data and will leave you the choice to accept (or not) that request. Android-powered devices will notify you of the permissions the Toosla app is seeking before you use the app for the first time, and your use of the app constitutes your agreement.
• The Member is informed that video protection systems are set up in the parking areas, which are operated by the person in charge of managing the parking area. Toosla is not responsible for processing this data.

Except upon request or with the express consent of the Member and in strict compliance with his/her instructions, Toosla will not process any personal data other than those described in this Article X.

Use of information

We may use the data we collect about you to:

To provide, maintain and improve our Services, including, for example, to facilitate payments, send receipts, provide services you request (and send related information), develop new features, provide customer support services to Members, develop security features, authenticate Members, and send product updates and administrative messages;

To perform internal operations, including, for example, to prevent fraud and abuse of our Services;

Troubleshoot software bugs and operational problems; perform data analysis, testing and research; monitor and analyze usage and activity trends;

To send you communications that we think may be of interest to you, including information about services, promotions, news and events from Toosla and other companies, where permitted and in accordance with applicable local law, to process entries for contests, games or other promotions, and to provide related rewards;

To customize and improve the Services, including offering or recommending features, content, social networks, potential customers, and advertising.

Data sharing

We may share the information we collect about you as specified in this Statement or at the time of collection or sharing, including in the following ways:

Through our Services, we may share data about you with the general public if you submit content in a public forum, such as comments on a blog, posts on social networks, or other publicly available features of our Services.

We may share information about you:

With marketing partners and other service providers who need access to this information in order to perform work on our behalf;

In response to a request for information from a competent authority if we believe that disclosure is consistent with, or is more generally required by, any applicable law, regulation or legal process;

With law enforcement officials, government agencies or other third parties, if we believe that your actions are inconsistent with our Member Agreements, Terms of Service, policies or to protect the rights, property or safety of Toosla or others;

In connection with, or during negotiations relating to, any merger, sale of the company's assets, consolidation or restructuring, financing or acquisition of all or part of our business by or into another company;

If we notify you more generally and you consent to such sharing and in synthetic and/or anonymous form that cannot reasonably be used to identify you.

Analytics and Advertising Services Provided by Third Parties: We may allow third parties to provide us with audience measurement and analytics services; to serve advertisements on our behalf on the Internet; and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs and other technologies designed to identify your mobile device when you visit our site and use our Services, as well as other online sites and services. To learn more about these technologies and service providers, please refer to our Cookie Statement in Appendix D of this document.

Your choices

Your account information

You can correct your account information at any time by logging into your online account or the one on the app. If you wish to deactivate your account, you can do so through the dedicated section on the site or in the app. Please note that in some cases we may retain certain information about you because we are required to do so by law, or for legitimate business purposes to the extent permitted by law. 

For example, if your account shows a credit or debit balance, or if we believe you have committed fraud or violated our Terms and Conditions, we may seek to resolve the matter before deleting your data. 

Toosla complies with individual requests for access to, correction and/or deletion of the personal data it holds in accordance with applicable legislation.

Promotional Communications. You may opt out of receiving promotional communications from us by following the instructions in those communications. If you opt out, we may still send you non-promotional communications about the Services you have requested, or our ongoing business relationship.

Cookies and Advertising. Please see our Cookie Statement in Appendix D of this document for more information about your choices regarding cookies and related technologies.

You have the right to access, rectify and/or delete your personal data in our possession. To exercise one of these rights, the Member can use the account management tool provided or write to the following address: Toosla 58 avenue Eisenhower, 51100 Reims France, indicating his or her name, first name and e-mail address. At any time, the Member can access and update his personal data, or delete his account and the personal information attached to it using his login and password.

In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal data collected by Toosla has been declared to the Commission Nationale de l'Informatique et des Libertés.

1. Changes to the General Conditions

Any changes to the General Rental Conditions will be available on the Toosla Application.

By making a reservation, you acknowledge that you have read the General Conditions applicable at that time and have accepted them

1. Agreement on Evidence - Applicable Law - Disputes

Any dispute that has not been settled amicably will be governed by French law and will be subject to the non-exclusive jurisdiction of the French courts. However, in the case of disputes with a user who is not considered a consumer in the sense of the preliminary article of the consumer code, these will be subject to the exclusive jurisdiction of the Courts of Reims.

The computerized registers will be kept in Toosla's computer systems under reasonable security conditions and will be considered as proof of exchanges, orders and payments made on the Toosla Application or by e-mail.

Annex A: List of countries covered

List of territories and principalities covered by the International Insurance Certificate : 

Austria Andorra Belgium Bulgaria Switzerland Cyprus (except Northern Cyprus) Czech Republic Germany Denmark Spain Estonia France Finland United Kingdom Greece Croatia Hungary Italy Ireland Iceland

Luxembourg Lithuania Latvia Malta Norway The Netherlands Portugal Poland Romania Sweden Slovak Republic Slovenia Serbia Albania Belarus Israel

Moldova Macedonia Montenegro Russia Ukraine Gibraltar Liechtenstein Monaco San Marino

Appendix B: BASIC, MEDIUM and PREMIUM Franchises

Protection and young drivers: customers under 25 years of age are not eligible for PREMIUM protection. 

In the event of theft, vandalism or damage to the vehicle, you will be charged a deductible for each claim. If the damage is less than the deductible amount, you will be financially responsible for the amount of the repair, an immobilisation allowance, any towing costs and the costs of managing the damage.

Any damage exceeding the excess will be partially covered by Toosla.

Our supplementary protection offer consists of a partial buy-out of the deductible. In essence, those who have subscribed to the PREMIUM insurance supplement have their deductible level partially reduced in the event of at-fault damage or theft:

BASIC" protection - included in the rental price by default.

Damage and theft protection with a deductible depending on the type of car rented and indicated at the time of booking the car and recalled on the rental contract.

Damage caused by glass breakage, headlights and tyres is not covered by Basic insurance.

PREMIUM" Protection - By subscribing to this optional insurance at the time of booking, the Client agrees to pay an additional fee per day of rental. This additional charge depends on the type of car rented and the duration of the rental period at the current rate and benefits from guarantees covering bodily injury to the vehicle's passengers in accordance with the special conditions communicated to the Client before the rental contract is concluded.

The PREMIUM deductible reduction does not apply in case of non-compliance with the general rental conditions.

Excluded from the PREMIUM deductible is the theft of wheels (tires + rims + pressure sensors).

Appendix C: Repair Schedule and Incidents : 

Damage	PU TTC
Fabric hole	80 €
Stain on seat	65 €
Smell of cigarette	65 €
Striped rim	320 €
Broken rim	649 €
On-site assistance (battery or tire repair)	148 €
Towing	277 €
Tire change	250 €
Stripe - 2 cm	0 €
Stripe between 2 & 5 cm	160 €
Stripe over 5 cm	280 €
Stripe (major) or scratch	320 €
Windshield impact < 2,5cm	106 €
Change of windshield	767 €
License plate	71 €
Bosse (without paint)	89 €

Each damage found will also be charged a handling fee of 35€ TTC.

For any other damage, an estimate will be established by a professional. The final compensation will include the monetary amount of the repairs, 35€TTC of management fees and may include an additional cost due to the immobilization and the convoying of the vehicle. 

Appendix D: Cookie Statement

Effective date: November 2016

We and our affiliates, third parties and other partners use cookies and other identification technologies on our websites, mobile applications, electronic communications, advertising messages and other online services (collectively, the "Services") for a number of purposes, including: authenticating users, remembering their preferences and settings, determining the popularity of content, delivering advertising campaigns and measuring their effectiveness, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our Services. You can find out more about the types of cookies we use, why we use them and how you can exercise your choices here.

Overview of cookies

Cookies are small text files stored on your browser or device by websites, applications, online media and advertisements. There are different types of cookies. Cookies used by the entity that manages the domain you are visiting are called "internal cookies." The cookies used by Toosla while you are visiting www.toosla.com are therefore internal cookies. Cookies used by companies that do not manage the domain you are visiting are called "third-party cookies." Therefore, we may allow Google to set a cookie on your browser while you are visiting www.toosla.com, and this will be a third party cookie. Cookies can have a variable lifetime. Session cookies" only persist while your browser is open. They are automatically deleted when you close your browser. Other cookies are "persistent cookies", which means that they continue to be active once your browser is closed. They can recognize, for example, your device when you open a new browser session.

Other navigation technologies

We refer to this Statement as the "Cookie Statement," but this Statement contemplates cookies and other browser technologies that we may use or permit on our Services. Web beacons" (also known as tags or pixels) are small blocks of code installed on (or called up by) a web page, application or advertisement that can retrieve certain information about your device and browser, including, for example: device type, operating system, browser type and version, website visited, length of visit, referring website, IP address, and similar information, including small text files (the cookie) that uniquely identify the device. Pixels are the means by which third parties can insert and read browser cookies from a domain they do not manage themselves, and collect information about visitors to that domain, in principle with the permission of the domain owner. Local storage" generally refers to other locations on a browser or device where information may be stored by websites, advertisements or third parties (such as HTML5 local storage and browser cache). "Software development kits" (also called SDKs) work like pixels and cookies, but operate in the context of the mobile application where pixels and cookies cannot always work. The lead app developer can install pieces of code (SDKs) from partners into the app, and thus allow them to collect certain information about the user's interaction with the app, as well as information about the user's device and network information.

Your choices

You have the right to choose to accept or decline cookies. They are, however, an important part of how our Services work and you should therefore be aware that if you choose to decline cookies or delete them, this may affect the accessibility and functionality of the Services.

Most browsers are set to accept cookies by default. If you wish, you can usually choose to set your browser to delete or reject browser cookies. To do so, please follow the instructions provided by your browser, which can usually be found in the "Help" or "Preferences" menu. Some third parties also provide the option to decline their cookies by clicking directly on an opt-out link.

Deleting or rejecting browser cookies does not necessarily affect third party flash cookies that may be used by us or our partners in connection with our Services. If you wish to delete or disable flash cookies, please visit this site to learn more. For more information about cookies, including to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org and www.youronlinechoices.eu.

Types of cookies and functions

The list of third party cookie vendors is provided for informational purposes only and is not exhaustive.

Types of cookies

Function Who uses them (for example)Authentication cookies These cookies (including local storage and similar technologies) tell us when you are logged in, allowing us to show you relevant data and features such as account information, clickstream history and correct your Toosla account settings.

Security and site integrity cookies

We use cookies to help keep Toosla completely safe. For example, they allow us to remember when you have logged into a secure area of the Services and to help us protect your account from being accessed by anyone other than you at Toosla.

Location

These cookies help Toosla to obtain location data. For example, we may store information in a cookie placed on your browser or device so that you can view the site in the language of your choice.

Site Features and Services

These cookies have functionality that helps us provide the Products and Services. For example, they help you log in by pre-filling in fields. We may also use cookies and similar technologies to help us provide you and others with social modules and other personalized content and data, such as making suggestions to you and others.Toosla Facebook

Analysis and research

These cookies are used to understand, improve and research products and Services, including when you access the Toosla website and related websites and applications from a computer or mobile phone. For example, we may use these cookies to understand how you use the site's features, and segment audiences for web page testing. We and our partners may use these technologies and the information we receive to improve the websites, applications, products, services and advertising messages and to understand how you use them.

Advertising

In particular, we use cookies and pixels to deliver advertising messages and to track the performance and effectiveness of advertising campaigns. For example, we and our partners may use information collected through these cookies to display advertisements that may be of interest to you on other websites. Similarly, our partners may use a cookie, an attribution service, or other similar technology to learn whether we displayed an advertisement, how it performed, or provide us with information about how you interacted with it. To learn more about these targeted ads, to opt-out of having your browser information used for behavioral advertising, please visit http://youronlinechoices.eu/TooslaGoogle.