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- Rental
conditions
- Use of the vehicle
- Condition of the vehicle
- Upkeep and Repairs
- Insurrance and/or supplementary Protection
- Rates
- Late penalties
- Security deposit
- Extension of the Rental
- Return of the vehicle
- Fines
- Law on information systems and personal freedoms
- Juridiction
In case of conflict between the French and
English versions of the general rental conditions, only the French
version will apply.
Article 1 - Rental conditions
The renter and the drivers who are authorised by
the rental company and listed on the above mentionned rental agreement
are obliged to show the rental company an identify card or a valid
passeport, and a driving licence obtained since more than one
year which is valid on the territory in which they will be driving.
The minimum age required to perform a rental is
21 (23 for certain models).
The rental, wich is personal and non transferable, is made for
a set period which is shown on the rental agreement.
The rental which is personal and non-transferable,
is made for a set period which is shown on the rental agreement.
The rental and the authorised drivers are liable
to the rental company for the complete and entire performance
of these conditions.
At the time the vehicle is handed over, the renter
and the authorised drivers become fully and entirely liable as
per the wording of Article 1384 of the French Civil Code.
The rental company reserves the right to
terminate the rental immediately and automatically without being
required to provide justification or compensation if the renter
fails to abide by a single one of the essential obligations of
this agreement, and in particular the conditions of use of the
vehicle, the payment of the rent and the conditions for return.
Article 2 - Use of the vehicle
1. not to let anyone but the autorised drivers
drive the vehicle on roads meant for vehicle traffic, to the exclusion
of participation in competitions, rallies, or auto sport races.
2. not to transport travellers for a fee, no more passengers than
the number of seats in the vehicle.
3. not to use the vehicle for illegal or immoral purposes not
intended by the manufacturer.
4. not to tow other vehicles, trailers or any other object, and
not make any modifications to vehicle.
5. not to use the vehicle under the influence of alcohol, drugs
or any other substance that affects her/his awareness or ability
to react.
6. to use the rented vehicle in accordance with customs regulations,
the road rules and more generally, in accordance with all legal
and regulatory requirements.
7. to use and maintain the vehicle in a responsible fashion.
8. The renter undertakes to keep possesion of the keys to the
vehicle in a responsible manner. In the event that the keys are
lost, the renter shall be invoiced the set fee of 155 euros.
Article 3 - Condition of the
vehicle
The vehicle is delivered in good operating condition,
notwithstanding any hidden defects that may be revealed, and with
its body work and tyres in good condition, and with a spare wheel
and accessories in good conditions; by signing the agreement,
the renter approves the vehicle in which she/he finds it and commits
to return it in the same condition.
The renter shall refrain from claiming any
compensation for interruption of service, incident or accident
attributed to the state of the vehicule or the tyres.
Article 4 - Upkeep and Repairs
4.1 Upkeep
At the time the renter takes possession of the vehicle, she/he
will find in it an upkeep booklet and use of the vehicle. If the
rental exceeds 1000 km for a car or 500 km for a van, the renter
shall check the oil level and add oil as necessary. He/she shall
also bring his/her car to the rental company's garage or have
the periodic services performed at the premises of any registered
agent for the brand of vehicle, asdescribed in the maintenance
manuel. However, the renter shall subject to written consent from
the rental company, take the car to a garage other than those
stated above.
The renter shall produce a detailed paid
invoice and the faulty parts for any operation performed in this
way outside the workshops of the rental company or the registered
agents for the brand of vehicle.
4.2 Repairs
The renter undertakes that necessary repairs will be done in good
time. Repairs, exchanges of parts or tyres as a result of normal
wear and tear and scheduled maintenance check-ups shall be paid
for by the rental company and shall be done by it. However, if
the vehicle is immobilised as a result of this outside the urban
area in which the office of the branch that granted the rental
is located, the renter shall, after receiving the consent of the
rental company in writing or by telegraph, assign this work to
a registered agent or to another garage of the rental company
or any other garage.
Repairs and exchanges of parts or supplies that
result from abnormal wear and tear, from freezing, from negligence,
from any accidental or undertermined cause, shall be payable by
the renter, unless the renter can supply proof that she/he did
not commit any fault.
In the above-stated cases, the renter undertakes,
at his/her own cost (cost of pick-up, transportation, towing etc.)
to bring the vehicle back into conditions set above, unless the
renter has taken out the optional assistance guarantee, described
at Article 5.
The rental shall continue to be in effect and all
the subsequent obligations of the renter shall remain in force
once the rental company is able to replace the immobilised vehicle.
Article 5 - Insurrance and/or
supplementary Protection
The rented vehicle is eligible for the following
measures :
A. INSURRANCE (Summary with the status of prospectus)
1. Mandatory public liability
- For damage/harm to third parties
- Countries covered : according to the insurance
card supplied and only for those countries not paid for
- Conditions of application : the driver must
be of the minimum required age (18 in France) and have a valid
driving licence obtained since more than one year. However,
the age required to drive our vehicle is 21 minimum or for certain
car groups 23 or 25.
- Exclusions
- Intentional damage/harm
- Harm suffered by the driver
- Transportation of passengers in unsafe conditions
- Harm that comes under the scope of legislation
on wok-place accidents
- Damage/harm sustained during trials, races,
competitions, or trial for them, which are subject to prior
approval from the authorities.
- Damage sustained by property or harm sustained
by animals which are rented or provided to the driver, or transported
in the vehicle.
- Fines and other penalties issued by the authorities
in connection with driving the vehicle.
2. Legal protection
- Scope : this applies exclusively in the vent
of an accident involving the rented vehicle and consists of
coverage of:
- The criminal defence
- Any out-of-court action or legal action with
free choice of lawyer
- Maximum amount of costs: 7623 euros per dispute.
- Threshold of intervention : 229 euros minimum
per dispute
- Exclusions: Driving with a higher rate of alcohol
than the legal limit or under the influence of non-medically
prescribed narcotics;
- Fines;
- Procedural costs charged to the beneficiary
of the guarantee by the Court.
3. Road Safety (optional)
Only if the renter takes out the P.A.I /super P.A.I. option on
the rental agreement.
Scope : this is a guarantee for bodily harm in
the event of an accident suffered by the driver and the passengers,
up to the limit of the number of installed seats, when they are
transported in the rented vehicle.
In the event of death : capital of 17151 euros
reducible according to the percentage of disability established
according to the scale attached to the insurance agreement.
Medical costs (not reimbursed) up to 763 euros
for persons residing within the European Union, 4574 euros for
others.
Exclusions: Driving in a state of drunkness or
under the influence of alchohol;
International damage/harm, suicide or attempt
at suicide
B - SUPPLEMENTARY PROTECTION
1. Damage or losses sustained by the
rented vehicle
The rented vehicle is not insured for the following risks:
Accidental damage,
Fire, breaking glass, flood, theft or disappearance
However if any of the above events occurs, the
rental company agrees to waive recourse against the renter and/or
the authorised driver, except for the amount of the waiver subject
to the following conditions and exclusions.
Conditions:
The vehicle was being driven by the renter or
the authorised driver whose names appear on the rental agreement.
The vehicle was driven responasbly on roads that
were open to traffic of automobiles, except in the countries stated
in Article 2.8.
The amount of the deductible for damage due to
accidents, fire, breaking glass and flood set in the rate conditions
will be met by the renter. If the renter had taken out the CDW
option (reduction of deductible), its reduced amount is shown
on the rental agreement. The cost of damages is assessed by taking
into account the cost of the repair, set case handling fees, and
the cost of the immobilisation of the vehicle.
The deductible for theft. If the renter had taken
out the T.P.C. option (reduction of deductible), its reduced amount
is shown on the rental agreement. This T.P.C option has no effect
if the vehicle's keys are not returned.
In the event of theft or disappearance, the vehicle's
keys and papers must be returned to the rental company. If they
are not, the renter must pay the cost of the vehicle, unless the
renter proves that she/he had to hand over the keys under the
influence of threat from a third party.
Exclusions:
Intentional damge/harm
Driving with higher rate of alcohol than the
legal limit or under the influence of non-medically prescribed
narcotics,
Driving on roads not suitable for traffic (construction
sites, footpaths, etc.)
Damage resulting from ignoring the warnings appearing
on the board.
Not respecting the maximum authorised load of
vehicle
Damage resulting from poor assessment of the
height of the rented vehicle
Damage to the interior of the vehicle, to the
tires and rims
Errors concerning petrol type
Damage that occured after the date set in the
contract for the return of the vehicle
Theft by an associate of the renter or an authorised
driver
Theft of items and personal effects of
the renter or the passengers.
2. Assistance (PAI option)
This additional service applies only if
the renter takes out the PAI option on the rental agreement.
This is the assistance described in the flyer provided at the
start of the rental.
C - DECLARATION OF AN ACCIDENT, DAMAGE OR
THEFT
Any accident, damage or theft sustained by the
vehicle must be declared within two working days to Les voyages
du balisier , 17 shopping Centre Arcades, 97118 Saint-François.
An accident report must be filled in and attached to the declaration.
You must report a theft to the police within 48 hours of noticing
it.
If these formalities are not complied with, the renter will
lose the advantage of the supplementary protection, unless she/he
proves that she/he was hindered from doing so.
Article 6 - Rates
The cost of petrol shall be paid by the renter.
Les voyages du balisier supplies the vehicule with a full tank
in the scope of the service provided to the customer. If the
renter does not return the car full of petrol les voyages du
balisier will find the vehicle and will invoice the customer
for the cost of the petrol associated with filling the vehicle.
The rental day goes from hour to hour in periods
of 12 or 24 hours, depending on the rate schedule applied. The
invoiced rental term is calculated by blocks of 12 or 24 hours,
non divisible, with a tolerance of 59 minutes. In excess of
that, depending on the rate schedule applied, on additional
date or one additional half-day will be invoiced.
The renter must pay the rental company
a provisional rent that corresponds to the term of the rental,
it being understood that the setting of the final rent will
be subject to amendment, depending on the amount of the provisional
rent paid. A daily road fee is invoiced in addition to the applicable
rate.
Article 7 - Late penalties
Pursuant to Article 33 of the Order dated 1 December
1986, in case of a rental to a professional, late penalities
calculated at a rate equivalent to one and one-half times the
officially set interest rate in effect on the due date will
be due if payment is received late.
Article 8 - Security deposit
By explicit agreement, the amount of the security
deposit set by the rental agreement, is granted to the rental
company in full ownership, up to equivalent of the amounts that
the renter owes the rental company, in case the rents are not
paid and in the cases specified at Article 5, above.
If this amount is higher, the renter shall pay
the rental company any balance immediately at the conclusion
of the rental.
If this payment date is not met, the rental company shall be
entitled to ask the renter for payment of return penalties calculated
at rate equivalent to one and one-half times the officially
set interest rate on the effect payment due date.
If this amount is lower, the rental company
undertakes to return the difference to the renter within no
more than one month.
Article 9 - Extension of
the Rental
For an extension to the rental, the renter must
make application to the rental company, at least 48 hours in
advance, sending with such application the corresponding deposit.
If he/she fails to do so, the renter may be exposed to legal
action, for appropriation of the vehicle and breach of trust.
However, the rental company may refuse extension of the rental,
without any compensation to the renter, the later being obliged
to immediately return the vehicle.
Article 10 - Return of the
vehicle
Since only the return of the vehicle, its keys
and all its administrative documents to the rental company,
at the place and on the date agreed is sufficient to terminate
the rental, the renter must pay the price of the rental until
the return date, unless the renter no longer has possession
of the vehicle for reasons not of his/her own doing.
The vehicle must be returned during the opening
hours of the rental centre, if the renter should, however, return
the vehicle outside these openning hours, the renter shall be
responsible for watching it and for the risks associated therewith
untill the opening hours of the rental centres.
Article 11 - Fines
The renter and the authorised driver are responsible
for all fines, infringements and traffic tickets written against
them, and which are legally their responsability. They undertake
to reimburse the rental company for their amounts if the rental
company hasto pay them in advance.
Article 12 - Law on information
systems and personal freedoms
Pursuant to the law no. 78-17 passed on 6 January
1978 in relation to files, informatin systems and personal freedoms,
the renter is informed that the informed that the information
that appear in the general rental conditions, which are all
required for the proper performance of the rental agreement,
shall be subject to automatic processing for later surveys,
prospecting or statistics. Such information are sent to les
voyages du balisier.
However, Les voyages du balisier may provide
the renter's contact details to outside companies for the purposes
of commercial prospecting. Renters may object to this, and exercise
their rights to access and correct their details, by writing
an ordinary letter of Les voyages du balisier , 17 shopping
Centre Arcades, 97118 Saint-François.
Article 13 - Juridiction
In the event of any dispute relating
to the performance of this agreement, the court competent to
hear such dispute will be that whose juridiction covers the
head office of the company that made the rental. If the renter
is an individual, the competent court will be, at the plaintiff's
request, that whose juridiction covers the residence of the
defendant, or the juridiction in which the agreement was signed.
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