GENERAL RENTAL CONDITIONS:
The collection of the vehicle by the lesseeis regarded as acceptance of these Terms and Conditions without reservation:
ARTICLE 1. – RENTAL PLACE
The vehicle shall be collected by the lessee at the office of the rental agency. It shall be returned to the same place. All costs incurred by the rental agency to retrieve the vehicle at an other location shall be charged to the lessee.
The lessee is required to obtain an authorization from the rental agency to drive the vehicle out of French territory.
ARTICLE 2. – VEHICLE PICK-UP
2.1. – Vehicle’s conditions: The lessee shall acknowledge that the vehicle doesn’t show any noticeable degradation, is in good condition, and equipped to fulfill the conditions stipulated in the Highway Code rule, and the specific regulations of the car body and equipment.
Any contravention to these regulations will remain to the responsibility and charge of the lessee.
Any reservations shall be formulated by the lessee, or his representative, at the pickup of the vehicle.
2.2. – Vehicle’s documents, equipment and accessories: The vehicle is equipped with all of the regulatory instruments, accessories and appropriate documents required by the Highway Code rule and French regulations.
The lessee will alone assume full responsibility that may result for failure to present these documents to the authorities or irregular and illegal use of these documents, equipment and accessories.
If any of these items are not returned at the end of the lease terms, this article is legally binding until the day the lessee produces an official loss certification paper. The lessee is fully responsible for any replacement fees or other costs required for restoration.
2.3. – Fuel: The vehicle is supplied with a full tank of fuel.
ARTICLE 3. – LENGH OF THE LEASE
The rental period is fixed to a determined period. This period starts with the pickup day of the whole equipment and vehicle at the rental agency. It ends on the day when the whole equipment and vehicle are returned under to the conditions established in Article 10.
ARTICLE 4. – CARE AND CONDITIONS OF USE OF THE VEHICLE
4.1.- Legal care transfer: The pickup of the vehicle at the rental agency transfers the legal care of the equipment to the lessee who have overall responsibility within the meaning of articles 1382 and 1384 of the Civil Code
The rental is concluded in consideration of the person identified as the lessee, the latter ismost strictly forbidden to share, lease or sublease the vehicle without the written agreement of the rental agency.
4.2. - Conditions of use: The lessee must inform the rental agency of the conditions under which the rented material will be used. The lessee is responsible for any damage resulting from failure to comply with the conditions of use validated by the rental agency. The lessee cannot use the equipment on construction sites subject to a risk of exposure to asbestos without the consent of the rental agency and agreement between the parties about specific decontamination procedures and restitution. The lessee agrees to use the vehicle exclusively on rolling areas and compatible itineraries with the characteristics of the vehicle. The lessee also commits to use the vehicle while making all the necessary safety provisions. The lessee is responsible for all traffic violations of the Highway Code rule. The lessee shall also be held liable for all consequences arising from exceeding the admissible total vehicle weight or the maximum number of persons allowed on board, specified on the vehicle registration document.
4.3.- Equipment carried: The lessee agrees to carry on only goods consistent with the designated use of the vehicle. The lessee abstains from loading hazardous materials or materials which might affect the vehicle or allow lingering impregnation, both by themselves and by their packaging or stowage. Loading and unloading operations must be treated with adequate precautions.
4.4. – Driving vehicles: The lessee will only entrust the driving of the vehicle to licensed drivers with a license valid for a minimum of one year and corresponding to the tonnage and vehicle category, and authorized by the rental agency. The driver shall be at least 21 years old.
The drivers will be required to strictly comply with the instructions given by the rental agency regarding the proper use of the vehicle.
ARTICLE 5.- VEHICLE MAINTENANCE
The lessee will regularly assess entirely on its own responsibility to routine verifications and complements of all the levels (oil, water and other fluids), as well as the degree of concentration of the antifreeze.
The lessee shall check the tire pressures regularly and their good working conditions according to the Highway Code rules. In the case of abnormal use of tires, the replacement is made by the rental agency and will be assumed by the lessee.
The lessee shall also, in accordance with the technical specifications of the manufacturers and the instructions given by the rental agency, which the lessee shall acknowledge being notified, have carried out routine and prevention maintenance particularly oil change and lubrication, at the rental agency or in establishments designated by the agency.
ARTICLE 6. – VEHICLE REPAIR
In the event of vehicle breakdown, the lessee agrees to notify the rental agency under forty-eight hours. No repairs shall be made without the consent of the rental agency.
The contract shall be suspended during the day of repair regarding the payment, but continues to apply for all the other obligations.
If the duration of the repair period exceeds 10% of the agreed upon rental period, or a calendar week, the lessee has the right to withdraw from the rental contract, by paying only the rent upon the date of immobilization of the vehicle, excluding whatever damages and interest charges, if the rental period doesn’t exceed one calendar week. The withdrawal right arises as soon as the vehicle hasn’t been replaced in a working day after notifying the rental agency.to claim any of the rights
The withdrawal is conditional upon the return of the vehicle. No damages and interest charges can be claimed by the lessee.
If the repair is made necessary by the proven fault of the lessee, the latter will not be able to claim the rights mentioned in the present article.
ARTICLE 7. – RESPONSABILITIES
The lessee is responsible for any damage caused to the rental vehicle, including potential danger of involvement in traffic accidents, and/or operation hazard during maneuvers or construction work.
The steering operations, transportation and maneuvering are under the lessee’s responsibility.
The lessee accepts responsibility for any impairments other than wear and tear sustained by the vehicle (both for engineering and bodywork), its equipment or accessories as a results of non-compliance to the clauses mentioned in article 4, or for whatever reason unrelated to the rental agency.
The lessee is solely responsible, according to the articles L21 and L21-1 of the traffic regulation, of any fines, tickets and reports. The lessee is also responsible for established customs prosecution against him. Accordingly, the lessee will reimburse all costs to the rental agency of such fees paid in these places and place.
The lessee is required to subscribe a third-party liability insurance, ‘all risk' policy that covers its operating and post-construction civil liability.
ARTICLE 8. - INSURANCE
8.1. – Subscribed guarantees
The lessee is covered by the rental agency for general liability risk to the extent possible within the law of 27 February 1958 establishing insurance obligation for motor-driven land vehicles. The third-party liability insurance, included in the rental price, only covers injuries and damages caused to a third party by the rental vehicle so long as it is involved in a traffic accident.
Unless exceptionally agreed otherwise, the lessee subscribes from the rental agency an additional guarantee, in addition to the rental charge, including:
- A civil liability for all transport and traffic liability risks, theft, fire,material damage and vandalism, with deductibles depending on the category of the vehicle, which triples in case there is not an identified responsible third party.
Disclaimer of guaranties, for example:
The lessee shall be liable for the totality of the cost of repairs or the current value of the vehicle in the following cases:
- If the driver is not in possession of a valid driving license or did not respect the Highway Code rule (height under a road bridge, etc.)
- If the driver is under the influence of alcohol, drugs or any other substance that may interfere with the essential reflexes for driving.
- In case of failure to return the keys and vehicles documents, or in case of failure to report an accident within 48 hours.
- In the event of non-compliance with article 4 of the present general rental conditions.
- In case of overload, lack of maintenance or driver’s negligence.
- In the event of consequential damages resulting from an impact to the upper parts (porch, bridge, high obstacle).
- In case of damage caused to the inside of the car body as a result of transportation of goods.
- In the event of total destruction of the equipment or wreckage of the vehicle if the driver loses control.
- In case of damage caused by intention and gross negligence or inexcusable conduct.
In case of fault or neglect of the lesseeor of its servants, the lessee is also liable for breakdown service and repatriation costs for the rental vehicle.
8.2. – Transported passengers and goods: Unless there are special agreements with the rental agency, transported passengers and goods are not covered by the rental agency.
8.3. – Insurance claim: The lessee agrees to:
- to immediately notify without delay the rental agency in case of accident, fire or theft, and to bring, immediately on learning of them, the matters to the local police or gendarmerie authorities.
- Make a written statement to the rental agency within 48 hours of any accident or other occurrence. This statement will include all details and circumstances of the incident, parties and their witnesses’ identities, as well as a legible copy of the joint insurance statement made by the two drivers after the accident.
ARTICLE 9. – VISITS AND CHECKUPS
At the rental agency’s request, the lessee shall be required to present the rental vehicle for inspection.
ARTICLE 10. – RETURN OF THE VEHICLE
When the leasing agreements comes to an end, which may be extended by common agreement, the lessee is bound to deliver the vehicle in clean conditions, with a full fuel tank. Otherwise, the fuel and/or cleaning fees will be billed to the lessee.
In case of cement, paint or other products projections on the vehicle, a compensation will be due for stripping and painting.
The return of the vehicle and all its accessories to the rental agency results in the issue of a return voucher ending the legal care transfer.
Should the vehicle be returned outside of the agency opening hours, and/or a handing-over of the keys in a letterbox, the lessee remains entirely responsible for the vehicle, the damages and fines imposed until the opening of the agency.
ARTICLE 11. – PRICE DETERMINATION
The rental price is based on:
- a fixed amount corresponding to the lease period of the vehicle measured in calendar days, a daily use time of 24 hours, 200km for personal-use vehicles, and 150km for utility vehicles.
- a rate per kilometer for mileage exceeding the package. As part of a sustainable development policy, an environmental tax, as a percentage of the rental, will be charged. The cost of fuel shall be paid by the lessee.
11.1. - Supplementary benefits: supplementary insurance, transport, repairs (labor and parts) shall be charged extra.
The rate of supplementary insurance is applied to the rental period expressed in calendar days. It also applies to the mileage exceeding the package.
11.2. – Mileage measurement: The mileage of the vehicle is determined by reference to the odometer following the standardsof the manufacturer. In case of infringement of the odometer, the lessee will be obliged to pay a fixed compensation of 500km per rental day. The mileage is calculated upon the departure of the rental agency until the return to this agency.
11.3.- Extension of the rental period: The rental price is based according to economic circumstances on the date of signature of the lease. The rental agency reserves the right to adjust prices in case of an extension of the rental period beyond the closing date originally provided for.
In the event of failure to return the vehicle upon the date agreed upon, without prior agreement of the rental agency, the extra rental period will be charged at full rate.
ARTICLE 12. - PAYMENT
Regarding the account consignors, the settlement periods are defined when the account is opened and are laid down in the special conditions, within 45 days of the end of the month, or 60 days from the date of issue of the invoice and with no discount even in the event of advance payment, unless specific overriding terms and conditions. Regarding different clients, payment shall be by netcash upon the return of the rented vehicle.
The rental may be eligible for a down-payment specified in the special conditions. Under no circumstances, the down-payment can be used as an extension of the rent, the latter can not be made without the prior consent of the rental agency. At the end of the rental period, the balance is due in cash by the lessee, unless exceptionally agreed otherwise.
The non-payment of any invoice or draft by its expiry date allows the rental agency to terminate the contract under article 16 of the present general rental conditions.
Any unpaid claim on its due date, as stipulated on the invoice, results ipso jure and without prior formal notice the application of interest for late payment at a rate of six times the current legal interest rate. As a penalty cause, a compensation equal to 20% of the remaining sums due is to be paid, to which is added a fixed sum of 40€ per invoice, as compensation for recovery costs. These terms and conditions are under particular conditions specified in this VAT on invoices and/or amounts received.
ARTICLE 13. – SECURITY DEPOSIT
A security deposit will be required at the time of the vehicle checkout.
- A Visa or MasterCard credit card with first name and surname of the booking signatory for the security deposit (Maestro/Electron cards and checks are excluded).
- If the security deposit is not paid, the rental shall be refused.
Amount of security deposit by vehicle depending on category:
1000€ for the rental of one the following categories A, B, BE1, BE2, C, C1, C2, D, E1, E2, E3, E4, F, F1, FO1, FO2, FO3, FO4, VU1, VU2 or VU3
1500€ for the rental of one the following categories BE3, D1, D2, FO5, FO6, FO7, FO8, FO9 or FO10
2000€ for the rental of one the following categories FO11 or VU4
ARTICLE 14. – BAD WEATHER PROVISION
In the event of duly noted bad weather resulting in the non-use of the leased vehicle, the rental will be suspended (except for insurance and accessories). This interruption of rental billing cannot exceed three working days. Starting with the fourth day, the vehicle will be subject to a 50% discount (except for insurance and accessories). The lessee, during this/these day(s) of bad weather, keeps the legal care of the vehicle. The rental agency shall be notified in writing before 10:30am every day of the bad weather, allowing the lessee to invoke the benefit of these terms.
Limitations: monthly rental, long-term rental, specific market.
ARTICLE 15. – OPERATING LOSSES
For whatever reason, the operating losses, direct or indirect, are never covered by the lessee.
ARTICLE 16. – CONTRACT TERMINATION
16.1. – By the rental agency: Failure to comply with the clauses provided by the present general rental conditions or failure to pay any given invoice on the due date, reserves the right for the rental agency to terminate the lease to the sole prejudice and detriment of the lessee, without prejudice to the damages which may be claimed from him by the rental agency. The lessee shall then, at his own expense, return the rental vehicle or arrange for the pickup by the rental agency.
In the event that the vehicle is not presented or returned, the rental agency may, after a delay of eight days after sending a registered letter with advice of receipt, summon the lessee before the President of the Court of First Instance of the location of the vehicle, to order an immediate return of the rental vehicle.
16.2. – By the lessee: In case of contract termination by the lessee, for whatever reason, except the one mentioned in the article six of the present general rental conditions, the lessee must compensate the rental agency around half of the remaining rent.
ARTICLE 17. – ALLOCATION OF JURISDICTION
Any controversy which may arise between the parties from this contract concerning its interpretation, invalidity, fulfillmentor termination shall be taken obligatorily before the competent jurisdiction of the the head office the agency depends on.
Ifthe lessee is a non-trading private natural person, the choice of the competent jurisdiction is made by the plaintiff, between the head office of the rental agency or the court of the lessee’s domicile.