Self-service bicycles and scooters: report denounces unfair terms

Conditions written in gibberish, prices that change, insurance problems: renting a means of self-service transport often involves the signing of a far-fetched contract, according to a report published Wednesday by the Unfair Terms Commission (CCA).

By analyzing 45 rental contracts for bicycles, cars, or scooters, the use of which has exploded in recent years, the CCA identified 117 unfair terms.

“We consulted contracts with language mixtures between English, French, Spanish and German, making clauses incomprehensible. According to the law, the clauses must be written in a clear manner ”, commented one of the authors of the report, Charles Le Corroller.

In many fixed-term contracts, the lessor also authorizes himself to “modify the rental price at any time”. “The vast majority of contracts” provide that the professional can “suspend it at any time”, and “the consumer can then find himself in delicate situations”, underlines Charles Le Corroller.

“We were confronted with players who got started very quickly, by tracing their contract on French and European regulations. Some have already closed shop ”, explains the rapporteur.

The CCA, an independent body under the control of the Secretary of State for Consumer Affairs, has issued a recommendation for rental services, but is prohibited from naming the companies involved.

The commission seeks to modify or eliminate these clauses because they lead to a “significant imbalance between the rights and obligations of the parties to the contract”, to the detriment of the consumer.

During this analysis, the CCA also noted that “the right of withdrawal was not provided for or even expressly prohibited, while a right of withdrawal of 14 days is provided for in consumer law”.

The CCA rapporteur cites “fairly striking clauses on personal data”, with “non-European and European players who do not respect the RGPD”, the General Data Protection Regulation.

Several unfair clauses also concern insurance: many bicycle rental contracts provide that the tenant is covered in the event of an accident via civil liability insurance.

“Many French people think they are covered through their home insurance, but some insurers exclude the use of a bicycle,” underlines Mr. Le Corroller. Certain clauses also provide that the parents of a minor user are responsible for any indirect damage caused during an accident, even if the victim is at fault.