A self-service scooter user on the roadway, August 25, 2019, in Paris.

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Clément Follain / 20 Minutes

Have you already read the rental conditions for your scooter or self-service bicycle?

The Unfair Terms Commission (CCA) did so, and the finding is clear: gibberish, changing prices, insurance problems ... Many contracts are far-fetched, she warns on Wednesday.

The CCA analyzed 45 rental contracts for bicycles, cars or scooters.

The organization spotted 117 unfair terms, some of which were unexpected: “We consulted contracts with language mixtures between English, French, Spanish and German, making the clauses incomprehensible.

According to the law, the clauses must be written in a clear manner, ”commented one of the report's authors, Charles Le Corroller.

A rate that can change at any time

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.

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 cause a "significant imbalance between the rights and obligations of the parties to the contract", to the detriment of the consumer.

Users sometimes not covered

During this analysis, the CCA also noted that "the right of withdrawal was not provided for or even expressly prohibited, while a 14-day right of withdrawal 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: some clauses 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.

The CCA has also noticed that many bicycle rental contracts provide that the renter is covered in the event of an accident through civil liability insurance.

"Many French people think they are covered through their home insurance, but some insurers exclude the use of a bicycle," said Charles Le Corroller.

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