These terms govern the use of the Location Sénégal — Cars platform and the bookings made on it. They are made up of four parts: the terms of use, the terms of service, the cancellation and no-show terms, and the rules that apply to listed professionals.
Version of 12 September 2026. This is a translation provided for convenience. The contract is drawn up in French and governed by Senegalese law; in the event of any discrepancy, the French version prevails.
PART I — TERMS OF USE
Article 1 — Publisher
- Name: [NAME], [LEGAL FORM] with a share capital of [AMOUNT] FCFA
- Registered office: [ADDRESS], Dakar, Senegal
- RCCM (trade register): [NUMBER] — NINEA: [NUMBER]
- Insurance intermediary licence: [TO BE COMPLETED]
- Legal representative: [SURNAME, FIRST NAME]
- Contact: [EMAIL]
- Hosting provider: [NAME, ADDRESS]
Article 2 — Purpose, characterisation and legal status
2.1 Nature of the service and interaction of the schemes
The Platform provides an introduction service between suppliers of vehicles and Renters who are of full age and hold a valid driving licence.
It distinguishes three supply schemes:
- Scheme A — Private individuals. Natural persons of full age, acting in a non-professional capacity, renting out their own vehicle without a driver. Parts I, II and III are written for this scheme.
- Scheme B — Professional rental companies without a driver.
- Scheme C — Transport operators with a driver.
Schemes B and C are governed by Part IV, which sets out their conditions of access, the documents required and the adjustments made to the booking journey. In the event of any discrepancy, Part IV prevails over Parts I to III.
Any provision of Parts I to III referring to the non-professional capacity of the supplier applies to Scheme A alone.
2.2 Status as a broker — structuring clause
The Platform carries on the business of a commercial intermediary, in the capacity of broker, within the meaning of articles 208 to 215 of the OHADA Uniform Act on General Commercial Law. It brings persons together in order to facilitate the conclusion of an agreement without being a party to that agreement.
Accordingly, and expressly:
- the Platform never contracts in its own name and issues no rental contract in its own name;
- the Platform collects neither the rent, nor any sum paid in advance against it, nor the security deposit, nor the insurance premium; it receives only its own brokerage remuneration;
- the Platform carries on no activity as a commission agent within the meaning of articles 192 to 207 of the same Uniform Act.
In accordance with articles 208 et seq., the Platform owes both parties a duty of impartiality, a duty to inform them of the essential terms of the transaction, and a duty of confidentiality as to the negotiations.
2.3 Exhaustive scope of the obligations
The Platform is bound by the following obligations alone: making the technical service available; collecting the documents listed in article 4.2 and refusing publication in their absence; checking the availability of the vehicle with the Owner; collecting the dated presentation provided for in article 4.3 and passing it on as received; distributing the insurance contract referred to in article 6 of the Terms of Service and providing the information documents; collecting its own remuneration only; passing on the parties’ contact details once the booking is confirmed; retaining and making available the listing photographs and the dated presentations; informing the parties; handling reports.
The Platform does not warrant the condition, conformity, safety or availability of the vehicle, nor the solvency or the conduct of Users.
This clause defines the scope of the obligations undertaken. It does not release the Platform from making good any loss caused by a breach of one of those obligations, in accordance with the general law of liability under the Code of Civil and Commercial Obligations.
2.4 What the Platform checks
The Platform collects declaratory documents and a dated presentation supplied by the Owner. It carries out no physical inspection of vehicles.
No wording of the kind “vehicle checked”, “vehicle inspected”, “insurance validated” or “certified owner” is used. The statements displayed take exclusively the following form: “The Owner has filed a certificate of insurance valid as at [date]”, “The Owner has filed a valid roadworthiness test certificate issued on [date]” and “Presentation supplied by the Owner on [date], passed on as received”.
Article 3 — Registration (Scheme A)
This article governs the registration of Owners under Scheme A. The registration of professionals under Schemes B and C is dealt with in article 2 of Part IV.
Registration is open only to natural persons of full age acting in a non-professional capacity. The Renter must have held a valid driving licence for at least three years.
What the Platform verifies: the telephone number and the email address. What the Platform does not collect: no national identity card, no passport, no driving licence. The Renter produces their identity document and their driving licence, in the original, to the Owner, at handover, and not to the Platform.
Article 4 — The Owner’s obligations
4.1 Obligations as lessor
Under the Code of Civil and Commercial Obligations, the Owner is required to deliver a vehicle in good working order and to warrant it against defects. That obligation cannot be transferred to the Platform.
4.1 bis Checking the Renter’s driving licence at handover
At handover, the Owner checks the driving licence of the Renter and of any driver named in the contract: the original, valid, held for at least three years and covering the category of the vehicle. The Owner refuses to hand over the vehicle where the licence is not produced, has expired, or does not cover the category of the vehicle. The Platform carries out no licence check and keeps no copy of any licence: that check is the Owner’s alone, and a failure to carry it out may be raised against them, in particular by their insurer.
4.2 Documents required before any listing is published
a) A valid certificate of insurance, identifying the vehicle and establishing that it is insured under category 8 of the CIMA rating classification — “passenger vehicles intended for rental with or without a driver”. Where the Owner permits the vehicle to leave Senegalese territory, they must also supply a valid ECOWAS Brown Card; that document evidences cover in the other ECOWAS member States and does not, on its own, establish the category of use.
- Article 18 — intentional concealment or misrepresentation: the contract is void, the premiums paid remaining vested in the insurer, and this even where the risk omitted had no bearing on the loss.
- Article 19 — unintentional omission or inaccurate declaration: the contract is not void, but the indemnity is reduced proportionately, in the ratio of the premium paid to the premium that would have been due. An owner who has paid a category 1 premium where category 8 was required will receive only a fraction of their indemnity.
b) A roadworthiness test certificate that is valid, favourable and issued by an approved centre.
c) A vehicle registration document in the Owner’s name, together with a valid road tax disc.
4.3 Listing photographs and the dated presentation of the vehicle
Two distinct items, with neither the same function nor the same effect.
a) The listing photographs. The Owner supplies them on registration and updates them at the Platform’s request. The number plate is blurred on them. They illustrate the model and the general appearance of the vehicle. They are not contractual: they bind neither the Owner nor the Platform as to the condition of the vehicle on the day of the rental.
b) The dated presentation of the vehicle. When the Platform contacts the Owner to check availability, the Owner records and sends through the Platform a video sequence comprising:
- a full walk round the bodywork, the interior and the boot;
- a legible number plate; the odometer may appear but is not required.
The Owner solemnly declares that the sequence was recorded that same day. The Platform passes it on as received: it does not check it, does not authenticate it, does not verify the declared date and expresses no view on the condition of the vehicle.
The sequence is embedded in the payment page, and the Renter declares having viewed it before paying. Unlike the listing photographs, it relates to the specific vehicle that will be handed over: it is on that basis that the Renter decides in full knowledge of the facts, and that is what justifies no withdrawal period being available after payment. The handover of a vehicle that does not correspond to that presentation is dealt with in article 4 of Part III.
It is not published. It is hosted behind an unlisted link, accessible to the Renter concerned alone, and deleted no later than thirty days after the end of the rental. Public listings identify the vehicle by an internal reference allocated by the Platform, never by its number plate, in accordance with article 10.
This presentation is not a condition report and does not take the place of one. The joint condition report at Schedule 2, drawn up at departure and on return by both parties, remains the only means of proving the condition of the vehicle and any damage occurring during the rental.
4.4 Condition of the vehicle
The Owner undertakes to rent out only a vehicle free from any malfunction affecting safety or normal enjoyment, whose tyres, lighting, steering, brakes and seat belts comply with the applicable requirements, which is fitted with the compulsory safety equipment — including a fire extinguisher and a first-aid kit —, which has at least two sets of keys, and on which routine servicing has been carried out.
4.5 Eligible vehicles and excluded vehicles
Eligible at launch:
- passenger cars, subject to the conditions of article 4.2;
- double-cab pick-ups registered as passenger vehicles (genre VP), with a maximum authorised laden weight of 3.5 tonnes or less.
Not open at launch: vans and light commercial vehicles, the opening of which is subject to the insurer’s written confirmations referred to below.
Excluded: vehicles over 3.5 tonnes, which require a category C licence to drive; motorised two- and three-wheelers; plant machinery and special vehicles.
Prohibited use. The carriage of goods for third parties, for reward, is prohibited. It would amount to the public carriage of goods, which requires a vehicle registration document in the TPM class and an authorisation from the Directorate of Land Transport. A Renter who breached this would lose the benefit of the cover.
4.6 Unavailability and substitution of a vehicle
Where the Owner states that the selected vehicle is not available on the dates requested, the Platform informs the Renter before any payment and shows them the available listings matching the same dates at an equivalent rate.
The choice of replacement vehicle rests exclusively with the Renter. The Platform does not designate a substitute vehicle, recommends none and does not warrant that any is equivalent. No sum is payable by a Renter who withdraws their request at that stage.
4.7 Tax obligations
Income from renting out a vehicle is taxable. The Platform informs the Owner of their reporting obligations to the Directorate General of Taxes and Public Property, without acting in their place. [TO BE CONFIRMED: applicable tax regime and any withholding obligation.]
4.8 Extras, accessories and guide
The extras offered alongside the listing have two distinct origins. Those supplied by the supplier — child seat, booster seat, roof rack, additional driver, delivery of the vehicle — are priced by them and paid into their hands. Those provided by the Platform’s partners — cleaning, accompanying guide — are priced by the partner and paid into the partner’s hands. The Platform neither sells them, nor supplies them, nor answers for them; it includes them in the booking summary and states, for each of them, to whom it is to be paid. In both cases the price of the extra is paid locally, on the terms of article 2 of the Terms of Service, and forms part of the base defined in article 3.4 of the Terms of Service.
The guide option, where offered, means tourist accompaniment. The guide does not drive the vehicle. Driving remains the responsibility of the Renter or of a driver they have named in the rental contract. Any provision of a vehicle with a driver falls under Scheme C and Part IV.
Article 5 — The Renter’s obligations
The Renter undertakes to produce the originals of their documents at handover; not to entrust driving to a third party not named in the contract; to use the vehicle in accordance with its purpose; not to leave Senegalese territory without the Owner’s written agreement and verification of the territorial validity of the ECOWAS Brown Card; to report any incident without delay; to return the vehicle at the place, on the date and in the condition agreed; and to draw up the joint condition report with the Owner, both at departure and on return.
Loss or damage. In the event of an accident, the Renter shall have an accident statement form completed or, failing agreement, a police or gendarmerie report drawn up, and shall send it to the Owner within twenty-four hours. Without an accident statement or an official report, the insurer is entitled to refuse cover and the repairs remain payable by the party at fault.
Article 6 — Capacity of the supplier
Every listing states clearly whether it is published by a private individual or by a professional.
Scheme A. Where the listing comes from a private individual, the Renter is expressly informed that the Owner is a non-professional private individual, that the rental contract is concluded between two private individuals, and that the statutory warranties owed by a professional rental company do not apply to it. Only the warranty against defects in the thing hired, under the Code of Civil and Commercial Obligations, applies.
Schemes B and C. Where the listing comes from a professional, that fact is stated on the listing and this article does not apply: the warranties owed by a professional remain, on the terms of article 2.2 of Part IV.
Article 7 — Ranking of listings and displayed price
The default ranking results from the following criteria, in decreasing order of importance: [proximity of the pick-up point — availability on the dates requested — total price including fees — age and completeness of the listing]. Any paid promotion is marked “Sponsored listing”.
The displayed price is a total price, including service fees and the compulsory insurance premium, expressed in CFA francs, in the form “from [X] FCFA per day, all in”, the breakdown being accessible from the listing page onwards.
The words “from” denote the lowest rate actually bookable among the vehicles offered for that model on the dates requested. They may not denote a rate that is unavailable, nor a rate to which a compulsory supplement would be added.
Where the offer relates to a category of vehicles rather than to a specific vehicle — the case under Scheme B, where the professional reserves the right of substitution provided for in article 2.4 of Part IV —, the listing says so expressly in the form “model or similar — category [X]”, and the composition of the category is accessible from the listing page onwards. In the absence of that statement, the offer relates to the vehicle designated.
Article 8 — Resident discount
The Owner may grant persons who can show they are resident in Senegal a discount on the public rate displayed, on the vehicle as well as on the extras they supply. This discount is optional: each Owner decides whether to grant it and freely sets its rate, vehicle by vehicle; no minimum rate is imposed. Where it is granted, it is borne by the Owner. It is reserved for Users holding a verified resident account: the status is established once only, on production of proof of address less than three months old and following a verification call, and gives rise to the issue of a personal code. The discount then applies automatically to any User logged in to such an account, and to them alone, on the vehicles for which the Owner has provided for it. It never applies on a mere declaration.
Article 9 — Reporting, suspension and termination
Any User may report unlawful content to [EMAIL]. The Platform acknowledges receipt and notifies its reasoned decision.
The Platform may suspend an account, after informing the User and setting out the grounds, in the event of a breach of these terms, the production of inaccurate documents, a presentation that does not comply with article 4.3, or consistent reports.
Article 10 — Personal data
The processing of personal data is subject to Law no. 2008-12 of 25 January 2008 on the protection of personal data. The data controller is [NAME].
Retention periods: user account, three years from the last contact; identity documents, for the time of the verification; certificates of insurance and roadworthiness tests, for the period of publication then five years; listing photographs and dated presentations, three years; insurance distribution file, five years; billing data, ten years.
Every User has a right of access, rectification, objection and erasure, exercisable at [EMAIL], and the right to refer the matter to the CDP (Senegalese data protection commission).
Article 11 — Electronic evidence
Exchanges taking place on the Platform, acceptances collected by tick box and files uploaded are evidence as between the parties on the terms of Law no. 2008-08 of 25 January 2008 on electronic transactions.
Article 12 — Amendment, governing law and disputes
Any amendment is notified thirty days before it takes effect; confirmed bookings remain governed by the version in force on the day of confirmation.
These terms are governed by Senegalese law. Any complaint is to be sent to [EMAIL], and the Platform will reply within fifteen days. Complaints concerning the insurance contract are to be sent to the insurer’s complaints department. Failing an amicable settlement, the dispute is to be brought before the competent courts of Dakar. [Option to be settled with local counsel: prior mediation clause before the Arbitration, Mediation and Conciliation Centre of the Dakar Chamber of Commerce.]
PART II — TERMS OF SERVICE
Article 1 — Purpose and course of the booking
These terms set out the financial conditions of the brokerage service and the conditions on which the compulsory insurance contract is distributed.
1.1 Booking a Scheme A offer (private individual)
- Request — the Renter selects a listing and dates. No sum is payable.
- Availability check — the Platform contacts the Owner. If the vehicle is unavailable, article 4.6 of the Terms of Use applies.
- Filing and forwarding of the vehicle presentation — the Owner files the dated presentation provided for in article 4.3 of the Terms of Use; the Platform forwards it to the Renter. No sum is payable at this stage and the Renter may withdraw free of charge.
- Payment — the Platform sends the Renter a single payment link setting out the introduction fee and, where applicable, the insurance premium.
- Confirmation — on receipt of payment, the booking is confirmed and each party is given the other’s contact details.
- Rental — the parties conclude the rental contract, draw up the departure condition report, and settle the price and the security deposit directly between themselves.
1.2 Booking a Scheme B offer (professional rental company without a driver)
- Booking — the Renter selects an offer and dates, and pays online the introduction fee due to the Platform alone. The booking is confirmed immediately.
- Confirmation — each party is given the other’s contact details, and the request is passed to the professional.
- Rental — the parties conclude the rental contract and settle the price and the security deposit directly between themselves.
Two differences from Scheme A, and a single reason for them: the professional manages their own fleet.
There is no prior availability check. The professional warrants the availability of the category booked on the dates chosen; failing that, article 5 of Part III may be relied on against them.
There is no dated presentation stage. The photographs on their listing, which they keep up to date under their own responsibility, take its place.
In none of these cases is the rental amount collected by the Platform, in accordance with article 2.
1.3 Booking a Scheme C offer (transport operator with a driver)
- Booking — the Customer selects a category of vehicle with a driver and dates, and pays the introduction fee due to the Platform online. The booking is confirmed immediately.
- Confirmation — the Operator’s full identity, licence number and assistance number are given to the Customer.
- Service — the Customer pays the price of the transport directly to the Operator, driver and fuel included.
The dated vehicle presentation stage does not apply to Scheme C. As under Scheme B, there is no prior availability check, no consultation and no putting of Operators in competition: the Operator warrants the availability of the category booked. They remain anonymous until confirmation, on the terms of article 3.2 of Part IV.
In all three cases, the brokerage service is performed in full as soon as the supplier’s identity and contact details are given to the Renter.
Article 2 — The rental price is not collected
The Platform does not collect the rental amount. The price and the security deposit are settled directly between the Renter and the Owner.
The Platform is neither escrow agent, nor bailee, nor guarantor of payment of the rent or of the return of the security deposit, and takes no part in any dispute relating to those sums. This provision is the condition on which it retains its status as a broker within the meaning of article 2.2 of the Terms of Use.
Article 3 — Remuneration
3.1 Collection at booking. At booking, the Renter pays the Platform, by bank card, Wave or Orange Money, a sum equal to 20% including tax of the order total. The balance and the security deposit, if there is one, are paid locally: to the supplier for the rental and the extras they supply, and to the partner concerned for the services that partner provides.
3.2 Breakdown and mandate to pay. That sum breaks down into a service fee of 5% including tax payable by the Renter, and 15% including tax which the Renter pays in the name and on behalf of the Owner, under an express mandate arising from the Owner’s acceptance of these terms, in settlement of the commission the Owner owes the Platform. To that extent the Renter is discharged from their rent debt to the Owner, who may not claim payment of it from them. At no time does the Platform collect the rental price: it collects only its own remuneration, in accordance with article 2.
3.3 Commission payable by the Owner. The Owner owes the Platform a commission equal to 15% including tax of the base defined in article 3.4. It is deemed settled by the payment made on their behalf under article 3.2; the Owner has no sum to remit to the Platform after the rental.
3.4 Base. The order total, including extras — both those supplied by the supplier and partner services sold in the same basket —, after deduction of the resident discount. Excluded are the security deposit, which is refundable and owed to no one, and the insurance premium, fuel, tolls, fines and any sum settled directly between the parties in respect of damage.
3.5 Invoicing. An invoice is issued to each party. [TO BE CONFIRMED: VAT treatment applicable to a brokerage service.] The insurance premium is the subject of a separate document issued by the insurer.
Article 4 — Summary table of payments
| Item | Payer | Payee | Amount | Collected by the Platform |
|---|---|---|---|---|
| Service fee | Renter | Platform | 5% incl. tax of the base (art. 3.4), at booking | Yes |
| Commission | Owner | Platform | 15% incl. tax of the base (art. 3.4), paid on their behalf by the Renter at booking | Yes |
| Insurance premium | Renter | Insurer | As per the contract rate | No |
| Introducer’s commission | Insurer | Platform | As agreed | Received from the insurer |
| Rental price | Renter | Owner | Set by the Owner | No |
| Security deposit | Renter | Owner | Set by the Owner | No |
| Resident discount | Borne by the Owner | Renter | Optional — rate set by the Owner | Not applicable |
Article 5 — Resident discount
The optional resident discount provided for in article 8 of the Terms of Use is, where the Owner grants it, borne by them. It is set against the price of the vehicle and that of the extras before the commission and the service fee are calculated: the Platform’s remuneration therefore falls with the discount.
Article 6 — Insurance of the rental — new article
6.1 A two-stage arrangement
As matters stand, the Senegalese market does not offer a daily insurance product intended for peer-to-peer rental. This article accordingly provides for two stages, the second of which comes into force only once an agreement is concluded with an insurer.
Stage 1 — in force from the opening of the service. Cover for the rental rests on the firm and verified obligation on the Owner to insure their vehicle under category 8 pursuant to article 4.2 a) of the Terms of Use. No listing is published without a valid category 8 certificate. In addition, the Owner may set a security deposit, which they collect and return directly; where they ask for one, its amount appears on the listing. That deposit is optional. In all cases, the two parties draw up the joint condition report at Schedule 2.
Stage 2 — once a dedicated product is obtained. [TO BE ACTIVATED IN DUE COURSE] Every confirmed booking will necessarily involve the Renter taking out the insurance contract [NAME] covering the rental period and damage suffered by the vehicle. That cover may neither be refused nor withdrawn, and will be brought to the Renter’s attention from the listing page onwards, in accordance with article 7 of the Terms of Use.
6.2 Capacity of the Platform
The Platform acts as an insurance intermediary under licence number [TO BE COMPLETED], [capacity to be specified according to the applicable CIMA regime], under a mandate from [NAME OF PRINCIPAL].
The Platform is not the insurer. The risk is carried by [NAME OF INSURER], [legal form, capital, RCCM, address], an undertaking licensed under the CIMA code.
6.3 Taking out the policy and payment of the premium
The contract is taken out by the Renter with the insurer. The premium is collected by the insurer or by its authorised agent; it does not pass through the Platform, which collects no funds on behalf of a third party.
6.4 Pre-contractual information
Before any policy is taken out, the Platform provides the Renter, on a durable medium, with: the general terms of the contract, the amount of the premium, the extent of the cover, the amount of the excess and the exclusions. The Renter confirms having read them by means of a separate, non-pre-ticked box.
6.5 Excess and options
The amount of the excess, how it applies and any excess-reduction option are matters exclusively for the insurance contract and for the relationship between the Renter and the insurer. The Platform neither holds, retains, arbitrates nor refunds any sum in that respect.
6.6 Notification and handling of claims
Every claim is notified directly to the insurer, at the contact details shown on the certificate provided with the vehicle, within five working days, together with the accident statement form or the police or gendarmerie report. Assistance is provided by [NAME], reachable on [NUMBER].
The Platform does not investigate claims, does not arbitrate them and is not mandated to represent either party before the insurer. It makes available, at the request of the insurer or of a party, the listing photographs and the dated presentations it hosts. The condition reports, drawn up and kept by the parties, must be produced by them.
6.7 Interaction with the Owner’s insurance
The Renter taking out this contract does not release the Owner from the obligation provided for in article 4.2 a) of the Terms of Use.
Article 7 — What the remuneration covers, and what it does not
Covered: hosting and publication of the listing, the introduction, the availability check, the forwarding, hosting and making available of the listing photographs and the dated presentations, the supply of the model contract documents, and assistance in using the Platform.
Not covered: assistance in the event of a breakdown or an accident, claims handling, any guarantee of payment of the rent, the supply of a replacement vehicle, the provision of a driver, or any financial guarantee for the benefit of either party.
Article 8 — Non-payment
Where collection of the commission fails, formal notice is given; failing regularisation within eight days, the account is suspended and recovery proceeds under the general law.
PART III — CANCELLATION AND NO-SHOW TERMS
Article 1 — Definitions
- Cancellation: withdrawal notified before the time set for handover of the vehicle.
- No-show: the Renter’s absence at the place and time agreed, without prior cancellation, established once a grace period of sixty minutes has passed.
- Default by the Owner: failure to attend the appointment, unavailability of the vehicle, or a vehicle that does not correspond to the listing or to the obligations in article 4 of the Terms of Use.
Article 2 — Cancellation by the Renter
| Time of cancellation | Sum collected at booking (20%) | Insurance premium | Sums due to the Owner |
|---|---|---|---|
| More than 7 days before | Refunded in full | Refunded by the insurer | None |
| Between 7 days and 48 hours | Retained | Refunded by the insurer | None |
| Less than 48 hours | Retained | [as per the terms of the contract] | Indemnity of 30% of the rental |
| No-show | Article 3 | [as per the terms of the contract] | Article 3 |
The sum retained is retained in respect of the brokerage service, which has been performed in full — the supplier was contacted, availability obtained and the parties introduced — and not in respect of a commission on a rental that did not take place. The Owner, for their part, has no sum to pay the Platform where the rental did not take place owing to the Renter.
Article 3 — No-show by the Renter
- The sum collected at booking remains vested in full.
- The Platform pays half of it — that is, 10% of the order total — to the Owner, as fixed compensation for having held the vehicle, within seven days.
- No commission is payable by the Owner.
- The fixed indemnity owed by the Renter to the Owner under article 8 of the rental contract remains due and is recovered directly by the Owner.
Article 4 — Non-conforming vehicle
A Renter who finds, at handover, that the vehicle does not correspond to what was shown to them or that it does not meet the obligations in article 4.4 of the Terms of Use may refuse the rental.
The point of comparison depends on the scheme:
- Scheme A — the dated presentation sent before payment under article 4.3 of the Terms of Use, and the listing;
- Schemes B and C — the listing and its photographs, together with the category of vehicle chosen at booking.
The following, in particular, amount to non-conformity: a model or category different from the one chosen, a registration number that does not match, or an apparent condition bearing no relation to the presentation or the listing.
The refusal is notified to the Platform within two hours of the scheduled handover time, supported by photographs. The situation is dealt with as a default by the supplier within the meaning of article 5, whatever the scheme.
Article 5 — Default by the Owner
- The sum collected at booking is refunded in full to the Renter within fourteen days.
- The insurance premium is refunded by the insurer, the rental not having taken place.
- No commission is payable.
- Under the rental contract, the Owner owes the Renter a fixed indemnity of 30% of the rental amount.
- The Platform may suspend the listing and, in the event of repetition, the account.
Article 6 — Force majeure
The following give rise to a full refund of the sum collected at booking and of the premium, and to no indemnity between the parties: the closure of road routes or of the airport of departure; any administrative decision preventing performance; any event that is unforeseeable, irresistible and beyond the parties’ control.
Article 7 — Cancellation by the Platform
The Platform may cancel a booking if it finds, before the rental begins, that a document required under article 4.2 of the Terms of Use has expired, has been falsified, or does not state that rental use is covered, or that the dated presentation does not meet the requirements of article 4.3. The sum collected at booking and the premium are then refunded in full.
Article 8 — Refunds and security deposit
Refunds of the sum collected at booking are made to the original means of payment within fourteen days. Refunds of premium are a matter for the insurer.
The Platform neither collects nor holds the security deposit and has no power to arbitrate its return. It makes available to the parties the listing photographs and the dated presentations it hosts. The condition reports are drawn up, signed and kept by the parties themselves; the Platform does not host them.
PART IV — LISTED PROFESSIONALS
This part governs offers from professionals. It creates two distinct schemes, which never mix.
Article 1 — Three schemes, and one line that is never crossed
| Scheme | Who publishes | What is sold | CIMA category | Collected by the Platform | Booking in the funnel |
|---|---|---|---|---|---|
| A. Private individual | Non-professional Owner | The use of a vehicle, without a driver | Category 8 | Service fee and commission | Yes |
| B. Professional rental company | Car rental business | The use of a vehicle, without a driver | Category 8 | Service fee and commission | Yes |
| C. Transport operator | Transport business with a driver | A journey or a hire with a driver | Category 4 | Introduction fee only — never the price of the transport | Yes — the Customer chooses from the offers shown |
A red line, applicable to all three schemes: the Platform never supplies a driver, under any brand, in any capacity, and offers no accompaniment service — including a guide — whose performance would require the person accompanying to drive the rented vehicle.
Article 2 — Scheme B: the professional rental company without a driver
2.1 Documents required
Trade and personal property credit register (RCCM) and NINEA; certificate of fleet insurance under category 8 covering the rental of vehicles without a driver; for each vehicle listed, the vehicle registration document in the company’s name — or the leasing agreement — and a valid roadworthiness test certificate; the authority of the legal representative. No identity document is required: the registration document bears a name, and it is that name which is checked.
2.2 Consequences for the Renter
Where a listing comes from a professional, the Platform states this clearly. Article 6 of the Terms of Use, which sets aside the warranties owed by a professional rental company in dealings between private individuals, does not apply to Scheme B.
2.3 Remuneration
Scheme B applies the same scale as Scheme A: a commission of 15% including tax payable by the professional and an introduction fee of 5% including tax payable by the Renter. Since the service rendered by the Platform is identical under both schemes, and the Platform carries the insurance under neither, nothing justifies a separate scale.
The resident discount applies to Scheme B on the same terms: it remains optional, and the professional who grants it freely sets its rate.
2.4 Sale by category and right of substitution
The professional may offer their vehicles by category rather than by specific vehicle, as is customary in the sector. In that case:
a) the listing bears the statement “model or similar — category [X]” and the composition of the category is accessible from the listing page onwards, in accordance with article 7 of the Terms of Use;
b) the professional may deliver any vehicle in the category booked, without that substitution giving rise to any reduction or cancellation right;
c) the delivery of a vehicle in a lower category gives rise to a refund of the difference and, if the Renter prefers, to cancellation free of charge on the terms of article 5 of Part III;
d) in the absence of the statement provided for at a), the offer relates to the vehicle designated and substitution constitutes a default within the meaning of article 5 of Part III.
This right is specific to Scheme B. It does not extend to Scheme A, where the vehicle is individually designated and where unavailability is dealt with by article 4.6 of the Terms of Use, the choice of replacement vehicle resting with the Renter alone.
Article 3 — Scheme C: the transport operator with a driver
3.1 Nature of the listing — the same mechanics as rental without a driver
Offers with a driver are booked within the Platform’s funnel, exactly like offers without a driver.
The Customer pays online the introduction fee due to the Platform alone. The price of the transport is never collected by the Platform: it is paid directly to the Operator, locally, on the terms agreed between them. The contract of carriage is concluded between the Customer and the Operator.
3.2 The Operator remains anonymous until confirmation
The catalogue presents offers with a driver by vehicle type — saloon, SUV, minibus — without naming the Operators.
The booking relates to a category of vehicle with a driver and not to a designated Operator. The Customer books that category and the booking is confirmed as soon as the introduction fee is paid, without prior consultation of Operators and without any competitive process. The Operator assigned warrants the availability of the category booked; failing that, article 5 of Part III may be relied on against them.
The Platform ranks and presents offers according to the criteria stated in article 7 of the Terms of Use. The Operator’s anonymity before confirmation follows the same rule as the one applied to professional rental companies elsewhere on the Platform; it deprives the Customer of no information useful to their choice, since the vehicle category, the total price and the conditions appear on the listing.
The Operator’s full identity — name, licence number, RCCM and assistance number — is given to the Customer when their order is confirmed, and appears on the confirmation as well as on any document provided before the service.
3.3 Documents required before listing
- A valid licence to operate road transport
- A certificate of insurance under category 4 — carriage of passengers — including passenger liability cover
- A DGTT professional card for each driver assigned, valid for three years; drivers aged between 25 and 60 with five years’ experience
- A six-monthly roadworthiness test certificate for each vehicle
- Where applicable, GPS equipment fitted to the vehicle
The Operator informs the Platform without delay of the expiry, suspension or withdrawal of any of these documents. The Platform withdraws the entry as soon as a document is no longer valid.
Article 4 — Non-circumvention
4.1 The listed professional undertakes not to deal directly, during the term of the partnership and for the twenty-four months following its end, with a Customer introduced to them by the Platform, without paying the introduction commission provided for in the partnership.
4.2 Any Customer who has been the subject of an introduction traced by the Platform is deemed to have been introduced by it, whatever the date of the subsequent booking and the channel used.
4.3 In the event of a breach, the professional owes the Platform a fixed indemnity equal to three times the amount of the commission avoided, without prejudice to termination of the partnership and immediate withdrawal of their entry.
4.4 The professional shall provide the Platform, on request and at least once a quarter, with the list of services carried out for Customers introduced. The Platform may have a verification carried out by an independent third party bound by professional secrecy.
Article 5 — Partner’s warranty clause
The listed professional, under Scheme B as under Scheme C:
- declares that they hold all the licences, registrations and insurance required for the activity they carry on, and undertakes to keep them in force;
- is solely responsible for the performance of the service they sell, for the condition of their vehicles and for the conduct of their staff;
- indemnifies the Platform against any action, claim, judgment, costs and fees arising from the performance of their service, from the absence of a licence or of insurance, or from the inaccuracy of their declarations.
Article 6 — Suspension and withdrawal
The Platform immediately withdraws any professional offer where a required document expires, is suspended or is withdrawn, or where a driver who does not hold a valid professional card takes charge of a Customer.
SCHEDULE 1 — MODEL RENTAL CONTRACT BETWEEN PRIVATE INDIVIDUALS
Contract concluded between the Owner and the Renter. The Platform is not a party to it.
Article 1 — Vehicle. Make, model, registration number, mileage at departure, date of the last roadworthiness test, the Owner’s insurance company and policy number, ECOWAS Brown Card reference, reference of the rental insurance contract taken out by the Renter.
Article 2 — Term. Dates, times, places of handover and return.
Article 3 — Price. Amount in FCFA, resident discount where applicable, balance remaining due at handover of the vehicle, security deposit, means of payment (cash, Wave, Orange Money, bank transfer). These sums are settled directly between the parties. The introduction fee already paid to the Platform by the Renter is not set against the rental price and does not appear in this contract.
Article 4 — Mileage and fuel. The contract provides either for a mileage allowance or for unlimited mileage; the option chosen is stated at the head of this article. The fuel level is recorded jointly on the departure condition report. The Renter returns the vehicle at the level recorded at departure. Failing that, the Owner is entitled to claim from the Renter the cost of topping up, on production of a receipt and up to the difference recorded on the return condition report; where a security deposit has been asked for, that cost may be withheld from the deposit.
Article 5 — Insurance. The Owner declares that the vehicle is insured with [company] under policy number [number], that the ECOWAS Brown Card is valid, and that this policy expressly covers rental use. The Renter declares having taken out the contract [name] covering the rental period, the certificate of which is attached. The Renter is named as an authorised driver. Territorial validity is limited to [Senegal / ECOWAS member States].
Article 6 — Authorised drivers. List of names. Driving by any person not named is prohibited.
Article 7 — The Owner’s obligations. Delivery of a vehicle in good working order, warranty against defects, handover of the vehicle documents — registration document, certificate of insurance, Brown Card, roadworthiness test certificate, road tax disc — and of the two sets of keys.
Article 8 — Cancellation and no-show. A fixed indemnity of 30% of the rental amount payable by the party in default. In the event of a no-show by the Renter, it is recovered directly by the Owner; it is not set against any sum already paid, the introduction fee paid to the Platform not being a part payment of the rental price.
Article 9 — Loss or damage. An accident statement form or a police or gendarmerie report is compulsory, to be sent to the Owner within twenty-four hours and notified to the insurer within five working days. Failing that, cover may be refused.
Article 10 — Prohibited uses. The following are prohibited: subletting, driving on beaches and dunes, the carriage of persons for reward, and crossing borders without written agreement.
Article 11 — Condition report. The joint condition report set out in Schedule 2 forms an integral part of this contract.
Executed in two counterparts at [place], on [date].
SCHEDULE 2 — JOINT CONDITION REPORT
To be drawn up at departure and on return, signed by both parties.
Identification: vehicle, date, time, place, mileage.
Fuel level — two columns, departure and return. The Renter returns the vehicle at the level recorded at departure. That reading is the only one capable of establishing a difference, and therefore the only basis for a claim on this point.
Compulsory photographs — eight views minimum: front, rear, left and right sides, four views at 45°, dashboard with the odometer lit, interior, boot, and each of the four tyres.
Points to tick: bodywork, windscreen and glazing, lights, mirrors, tyres and spare wheel, interior cleanliness, fire extinguisher and first-aid kit, vehicle documents, number of sets of keys handed over.
Reservations: a description of any pre-existing damage, cross-referenced to the corresponding photograph.
Signatures of both parties.