Terms and conditions of use

1. Purpose and acceptance

These terms and conditions of use (the “Terms”) govern access to and use of Kiroul, a service connecting people for car rental between private individuals and professional agencies, available through the Kiroul mobile app (iPhone and Android), the website https://kiroul.rs-digital.fr and the owners’ web space. Kiroul is published by Sarah SOKRI, sole trader trading as RS Digital (“Kiroul”, “we”), whose details appear in the legal notice.

By creating an account, you accept these Terms and acknowledge the privacy policy. If you do not accept them, you may not use the service.

2. Definitions

• Platform: the Kiroul app, website and web space.
• User: anyone with a Kiroul account.
• Renter: a User who books a vehicle to drive it for a set period.
• Owner: a User who offers a vehicle for rent, either a Private owner (an individual acting in a non-professional capacity) or an Agency (a rental professional whose company has been verified by Kiroul, a “certified agency”).
• Listing: an Owner’s presentation of a vehicle (photos, description, price, availability, conditions).
• Booking: a Renter’s request accepted by the Owner, for set dates and a set price.
• Rental contract: the contract made directly between the Owner and the Renter for each Booking.
• Check-in report: the photo record of the vehicle’s condition, made in the app at pick-up and return and signed by both parties.
• Deposit: the amount pre-authorised on the Renter’s card to cover any damage or costs.

3. Kiroul’s role: an intermediary

Kiroul is a marketplace: we connect Renters and Owners and provide the rental tools (listings, verifications, payment, check-in reports, tracking). Kiroul is neither a rental company, nor the owner of the vehicles, nor an insurer.

The Rental contract is made directly between the Owner and the Renter when the Owner accepts the booking request. Kiroul is not a party to it: the Owner remains responsible for the vehicle offered and the Renter for how it is used. [to be completed: rental contract template provided in the app, if any]

Each Listing shows whether the Owner is a Private owner or a Certified agency. Consumer law applies between a consumer Renter and an Agency; it does not apply to a rental between private individuals, which is governed by the French Civil Code.

Ranking of listings

Search results are ranked using the following criteria: [to be completed: default ranking criteria (availability on the chosen dates, distance, relevance…)]. The filters and sorting you choose take priority. Any paid placement would be clearly labelled as such.

4. Registration, account and verifications

To book or publish a Listing, you must be an adult individual or a duly registered company, and provide accurate, up-to-date information. One account per person.

• Renters: identity verification (ID document and selfie, performed by our provider Stripe Identity) and a valid driving licence. Required age and licence seniority: [to be completed: minimum age and minimum years holding a licence]. The Owner may set stricter conditions in the Listing.
• Private owners: identity verification and vehicle documents: registration certificate, valid insurance certificate covering rental to third parties and, where applicable, an up-to-date roadworthiness test.
• Agencies: in addition to vehicle documents, company records (SIREN number, trade register extract, identity of the legal representative). A verified Agency receives the “Certified agency” badge. It manages its team members and their roles (manager, agent, accountant) and is responsible for their actions.

We may ask for additional documents or refuse a verification. A “verified” badge means documents were checked at a given date; it does not guarantee a User’s behaviour or a vehicle’s condition.

You are responsible for keeping your credentials confidential and for activity on your account. Tell us immediately about any unauthorised use at kiroul@rs-digital.fr.

5. Listings and owner obligations

The Owner undertakes to:

• offer a vehicle they own or are entitled to rent out, in good working order and well maintained, matching the Listing and the regulations (roadworthiness test, mandatory equipment) [to be completed: geographical scope of the service];
• describe the vehicle accurately and honestly (recent photos, included mileage, fuel or energy, equipment, specific rules);
• keep the calendar up to date and honour accepted Bookings;
• hand over the vehicle clean, with its papers and insurance certificate, at the agreed place and time;
• not offer payment or rental outside Kiroul for a contact made on the Platform.

The Owner sets their price freely. On the Free plan, a Private owner may list up to 2 cars. Kiroul may refuse, hide or remove a non-compliant Listing.

6. Insurance

The Owner must hold valid motor insurance that expressly covers renting the vehicle to third parties for the whole duration of rentals made through Kiroul (peer-to-peer rental policy, cover extension, or fleet policy for professionals). The certificate is checked when the car is listed and must be renewed when it expires; a vehicle whose insurance has expired can no longer be rented.

Before booking, the Renter reviews the cover, exclusions and excesses stated in the Listing. Excesses and uncovered damage remain payable by the responsible Renter, within the limits of the Rental contract.

Kiroul is not an insurer and does not distribute insurance products. [to be completed: possible insurance partnership]

7. Booking, price and payment

The Renter sends a request for given dates. The Owner accepts or declines it [to be completed: response time, or instant booking]; without an answer in that time, the request expires at no cost.

The price shown to the Renter before payment includes the rental price set by the Owner and Kiroul’s 10% service fee on that price [to be completed: prices including VAT and applicable taxes]. Optional charges stated in the Listing (extra mileage, fuel, cleaning…) may be added if clearly shown before booking.

Payment is made by card in the app, through our payment provider Stripe. Kiroul never stores your card numbers. The rental price, minus Kiroul’s commission, is paid out to the Owner’s Stripe payment account [to be completed: payout timing].

8. Deposit

A Deposit, whose amount is shown in the Listing, is pre-authorised on the Renter’s card [to be completed: when the pre-authorisation happens and any cap]. It is not a charge: the amount is only held.

The Deposit is released after the return Check-in report, once the 72-hour claim period has ended without any damage being reported. If a claim is made, all or part of the Deposit may be captured up to the amount of justified, undisputed damage or costs, or once the dispute is resolved. [to be completed: maximum pre-authorisation duration under card scheme rules]

9. Cancellation and right of withdrawal

Cancellation by the Renter

Service fees are refunded on free cancellation [to be completed: treatment of service fees in other cases]. Refunds go back to the payment method used, within 14 days at most.

Cancellation by the Owner

If the Owner cancels an accepted Booking, the Renter receives a full refund (rental price and service fee). Repeated or late cancellations may lead to a warning, reduced visibility or suspension of the Owner’s account. [to be completed: possible Owner penalty]

Right of withdrawal

Under article L221-28, 12° of the French Consumer Code, the 14-day right of withdrawal does not apply to car rental services provided on a specific date: only the cancellation terms above apply. Owner subscriptions are covered in the next article.

10. Service fees, commissions and subscriptions

The commission is deducted from the rental price paid out to the Owner. The Renter pays a service fee of 10% of the rental price, shown before payment. [to be completed: prices including or excluding VAT depending on the VAT scheme]

Subscriptions are monthly and paid in advance [to be completed: payment method, renewal, cancellation terms, 14-day withdrawal right of a consumer Private owner and waiver in case of immediate performance]. Cancellation takes effect at the end of the current period; the Free plan commission then applies to subsequent Bookings.

11. Handover, check-in report and return

At pick-up, the Owner and the Renter complete the Check-in report together in the app: photos of the vehicle from every angle (front, rear, sides, interior, odometer), mileage, fuel or charge level, existing damage. Both parties sign it electronically in the app. The same procedure is followed at return.

Photos are time-stamped and kept as evidence of the vehicle’s condition. Without a signed Check-in report, the vehicle’s condition is much harder to prove: never hand over or accept a vehicle without one.

The Renter uses the vehicle reasonably, in line with the Highway Code and the Listing. They do not sublet it, lend it to an undeclared driver, or use it for paid passenger transport or racing. They return it on time, at the agreed place, in the condition recorded at pick-up, normal wear excepted. [to be completed: late return and missing fuel charges]

12. GPS tracking during the rental

To make rentals safer, the vehicle’s position is recorded only for the duration of the rental, from the pick-up Check-in report to the return Check-in report [to be completed: source of the position (Renter’s app and/or the vehicle’s GPS tracker)]. The Renter is informed before booking.

This data is used for the safety of vehicles and people (theft, accident, failure to return), to handle claims and to enforce the Listing. It is available to the Owner [to be completed: Owner access conditions (real time or only in case of incident)] and to authorised Kiroul staff, and deleted 30 days after the end of the rental, unless a dispute is ongoing or the authorities require it. See the privacy policy.

13. Damage, claims and disputes (72-hour window)

The Owner has 72 hours after the end of the rental (return Check-in report) to report in the app any damage, missing item, late return or unexpected cost, with evidence (photos compared with the Check-in report, invoices, quotes). The Renter may, within the same window, report a problem with the vehicle or the handover.

The other party may respond [to be completed: response time]. Kiroul offers an amicable resolution based on the Check-in reports, photos and evidence provided; with both parties’ agreement or on undisputed evidence, all or part of the Deposit may be captured. Kiroul is not a court: failing agreement, each party keeps the right to go to the competent court or, for a consumer dealing with an Agency, to the consumer mediator.

After the 72-hour window, the Deposit is released and Kiroul no longer handles claims about the vehicle’s condition, except for hidden damage or offences discovered later (next article).

14. Fines, tolls and offences

The Renter is responsible for fines, parking charges, tolls, impound fees and any offence committed during the rental. An Owner who receives a notice of offence may designate the Renter as the driver to the competent authority, as provided by the Highway Code; Kiroul gives the Owner the Booking information needed for this.

Amounts advanced by the Owner on the Renter’s behalf may be re-invoiced on proof. [to be completed: possible handling fee]

15. Reviews

At the end of each rental, the Renter and the Owner may rate each other and leave a review [to be completed: deadline for submitting and publishing]. Only people who actually completed the rental through Kiroul can review it: every review is linked to a verified Booking.

Reviews are never rewarded and are published without changes to their content. Kiroul may refuse or remove a review that is abusive, defamatory, discriminatory, off-topic, contains personal data or is manifestly false. Under article L111-7-2 of the French Consumer Code: [to be completed: review moderation procedure (automatic or manual), publication delay, display order].

16. Conduct rules, moderation and suspension

In particular, the following are prohibited: providing false documents or impersonating someone; bypassing the Platform to pay or book outside Kiroul; listing an uninsured or unsafe vehicle; any violent, discriminatory or fraudulent behaviour; any unlawful use.

In case of breach, Kiroul may, proportionately and with a statement of reasons: remove content, hide a Listing, temporarily suspend or permanently close the account. An ongoing Booking may be cancelled, with a refund to the party acting in good faith. You can contest a decision or report illegal content at kiroul@rs-digital.fr.

You can close your account at any time from the app or on the Delete my account page, unless a Booking is open (requested, confirmed, in progress, returned awaiting closure, or disputed): you then need to wait until it is closed.

17. Liability

Kiroul uses reasonable means to keep the Platform running and to carry out the verifications described above (best-efforts obligation). As an intermediary, Kiroul is not liable for the performance of the Rental contract, for the condition, compliance or availability of vehicles, or for Users’ actions.

Nothing in these Terms limits Kiroul’s liability for gross negligence, wilful misconduct or personal injury, or the rights you have under mandatory legal provisions. [to be completed: limitation of liability towards professionals]

18. Owners’ tax and social security obligations

Income from renting out a vehicle may be taxable and, above certain thresholds or for regular activity, subject to social security contributions. Under article 242 bis of the French General Tax Code, Kiroul informs Owners of their obligations (https://www.impots.gouv.fr, https://www.urssaf.fr) and reports income earned through the Platform to the tax authorities each year, with a copy to the Owner. [to be completed: information to collect and timetable]

19. Personal data

How we process your personal data is described in the privacy policy.

20. Changes to the Terms

We may update the Terms, in particular to follow the law or new features. Any significant change is notified by email or in the app at least 15 days before it takes effect. Bookings already accepted remain governed by the version in force when they were accepted.

21. Governing law, mediation and disputes

These Terms are governed by French law. If there is a problem, please write to us first at kiroul@rs-digital.fr: we will look for an amicable solution.

If you are a consumer, you may refer the dispute free of charge to the consumer mediator: [to be completed: name, address and website of the mediator], within one year of your written complaint (articles L612-1 et seq. of the French Consumer Code).

Failing an amicable settlement, the dispute will be brought before the competent courts; as a consumer, you may go to the court of your place of residence. For Users acting in a professional capacity, the courts with jurisdiction over RS Digital’s registered office (Neuilly-Plaisance, Seine-Saint-Denis) have jurisdiction, subject to mandatory rules.