Rental agreement: general conditions
This “Rental agreement: general conditions” is a computer translation of the France “Contrat de location: conditions generals,” which is legally binding; no rights can be derived from this translation.
RENTAL AGREEMENT: GENERAL CONDITIONS
1. Online or in-store booking
When booking on the Internet, by ticking the “I accept” box on our website or
by signing our paper contract if you have come to our agency, you have accepted the terms and conditions of our rental contract as well as our general terms and conditions and our general rules of use and services (RGUS). You are responsible for complying with them, even if a third party has arranged your reservation or is driving the vehicle, and is paying all or part of the rental, deposit and/or deductible that may be claimed from you in the event of damage to the vehicle.
This contract governs the relationship between you and us, during the rental period and any subsequent period, as part of the services we provide as a car rental company. This agreement may not be modified except with our express written consent, including the requested modifications. If you do not agree with these conditions, you must not proceed with the booking under any circumstances. By accepting, you acknowledge that you have read, fully understood and unreservedly accepted the general terms and conditions, any riders and appendices to our rental contract. If you do not understand them or have any questions, please do not hesitate to contact us. We look forward to hearing from you.
2. Rental period and duration
You have rented our vehicle for a specific period, the dates of which have been
have been expressly blocked for you. You have the right to keep the vehicle until the end of the agreed period. We may extend the rental period only if the vehicle has not been rented to another person for the period you wish to keep it. In this case, we will draw up a written amendment to the contract specifying the date until which you may keep the vehicle. Your credit card will then be debited for the amount due.
If you are unable to keep the vehicle, which is the subject of this contract,
we can, if you wish, give you another vehicle to choose from our catalog and according to our availability and rates. An amendment will be drawn up and will form an integral part of the initial contract, even if you did not have the opportunity to sign it at the time of the vehicle exchange.
In the event that our vehicle is not returned to us, the rental period will continue to run.
and the vehicle, being geo-located, may be immobilized and recovered at your expense. You will also be charged a penalty of the amount stipulated in the contract, which you expressly accept.
You may also return the vehicle early, during our opening hours, but in this case you will be charged the full cost of the rental and your credit card will be debited, which you expressly accept. The early return of our vehicle shall never affect the rights and obligations that have arisen from the signing of this rental agreement and any amendments thereto.
3. Your rights
We would like to thank you for signing a rental contract with our company.
You may take delivery of the vehicle at your convenience:
– at our offices during normal business hours, by appointment only.
– at a location of your choice, such as your place of residence or hotel. In this case, we will set the delivery charge, which you expressly accept. Your credit card will be debited.
You have the right to examine our vehicle in detail and to have us note any damage that you may have noted or had noted by one of your employees. The vehicle will be examined at the time of delivery, and no further observations will be taken into consideration once our representative has handed over the keys. An acceptance report will be drawn up and signed, a copy of which will be given to you.
You are entitled to receive our vehicle in an impeccably clean condition. If this is not the case, we would be grateful if you would let us know when the keys are handed over.
You are entitled to travel 200km per day. On return of the vehicle, the mileage will be recorded and any excess will be billed to you at the current rate stated in the contract, and your credit card will be debited for the amount, which you expressly accept.
4. Unavailability of vehicle
You have reserved a vehicle and we may not always be able to deliver it.
and confirm availability immediately at the time of booking. Confirmation will take place at the latest within 24 hours of your reservation, particularly if the reservation is made overnight.
For various reasons, the vehicle may not be in our possession at the time we have to supply it to you, either because it has been damaged by the previous hirer, or because it has not been returned to the agreed location on the agreed date, or because of force majeure. But, of course, we will do our utmost to satisfy you at all times. We cannot be held responsible for the non-delivery of the vehicle and no indemnity or compensation can be claimed from us. At your discretion, we may either cancel the rental outright and refund all amounts debited to your credit card(s), or postpone delivery if possible and acceptable to you, or provide you with a vehicle of an equivalent category and type. The rental rate will of course be adjusted accordingly.
5. Your obligations throughout the rental contract
We hand over the keys to you once the contract has been signed and the guarantee lodged. The
The transfer of responsibility takes place at this point. If you hand over the keys to one of your employees or, in general, to a hotel valet, you are personally liable for our vehicle, particularly in the event of damage. The same applies to the return of our vehicle. You remain fully responsible for our vehicle as long as we have not collected the keys, even if we agree to collect them outside our opening hours, from one of your employees or not, or in any other way from a hotel valet. This is the case even if, by the time we collect our vehicle, you have already been able to or have been obliged to leave French territory, whether long ago or not. In this case, any damage will be ascertained unilaterally by us, which you expressly and unreservedly accept. We will draw up an estimate and charge you for repairs, up to the amount of the deductible.
If the car is damaged in more than one place, each one will be considered as a claim and a deductible may be charged. You will be billed for these amounts and/or deductible(s), and your credit card(s) will be debited up to these amounts. It goes without saying that, if you are present, we will be able to draw up a contradictory statement, using the pick-up report to establish the findings. In this case, it must be signed. If it is not, or if you refuse to sign it, you expressly accept the minutes that we will have drawn up unilaterally and not contradictorily.
In the event of damage to the underside of the vehicle, or if we suspect it may be
If the underside of the vehicle is damaged, or if we suspect that it may be, we may have to put the car on a bridge to check for any damage; the findings may be added to the report on the return of the vehicle, which may or may not be drawn up on a contradictory basis.
You always have the right to accompany us to inspect the damage. The cost of these repairs, even if the damage was noted after the date or time of your departure, will be charged to you and your credit card(s), which you expressly accept.
It is strictly forbidden to intervene or have someone intervene in the event of a breakdown
with a view to repairing it. In this case, only our services or those of our partners should be used. In the event of a breakdown warning, you must stop driving our vehicle immediately, to avoid damaging it. You must absolutely avoid leaving it on the side of the road, and you must try to put it in a safe place to avoid any damage or accident. But please think of yourself and your loved ones, and don’t put yourself in unnecessary danger. In the event of repair, we must give our approval to the repairer, who must provide sufficient guarantees of expertise. An estimate must be drawn up, and we will reimburse you only up to the amount we have agreed to, with a number to back it up.
You must always use our vehicle with due care. This means that
This means that you must use it and care for it as if it were your own, with all due concern. You will avoid exposing it to any risk of damage or theft. It’s compulsory to lock it, and to fold the soft top for convertibles. The vehicle has been delivered to you in an impeccably clean condition. Please keep it clean and, in addition to your personal belongings, collect any cans or other packaging at the end of your rental period. In the event of the vehicle being returned to us too dirty, we may be obliged to charge you a lump sum for cleaning, which is included in the contract. Your credit card will be debited, which you expressly accept.
The same applies to refuelling. Please do this before returning the vehicle. Should you fail to do so, you will be charged for the full tank of fuel and an additional lump sum, and your credit card(s) will be debited, which you expressly accept.
You acknowledge that you or the third party representing you are competent to sign
this rental agreement.
You and/or your representatives undertake, for the duration of the rental contract:
5.1. to be in possession of a valid driver’s license, i.e. not to be disqualified from driving.
5.2. to comply with all traffic regulations. You are responsible for all offences committed and all accidents caused with our vehicle, and you undertake to follow them up and settle all the consequences, both financial and penal.
5.3. not to expose our vehicle to any risk likely to damage it or prevent it from operating properly, and in particular not to drive in flooded areas.
5.4. not to drive the vehicle unless you are unfit to do so, i.e. under the influence of alcohol or drugs.
5.5. not to entrust the vehicle to a driver other than the one designated at the time of booking and whose driving license was provided to us at the time of booking.
5.6. not to smoke, eat or drink in the vehicle.
5.7. not to tow anything with our vehicle or have it towed, except by a breakdown mechanic approved by us in the event of a breakdown and insofar as authorized by the manufacturer.
5.8. not to sublet our vehicle and not to carry out any paid or unpaid transport of persons or goods.
5.9. not to transport animals in our vehicle.
5.10. not to transport bulky objects or chemical or other substances in our vehicle which could damage the interior or exterior fittings and/or cause discomfort to passengers.
5.11. to declare in writing any claim (including loss or theft), however minor, within 72 hours of its occurrence, either by providing us with an amicable report if there is an identified or unidentified third party, or by making a written declaration if there is no third party, describing precisely the place, time, circumstances and the possible presence of witnesses whose identity you will have taken care to identify. You must also provide us with any documents or references issued by public authorities such as the police or gendarmerie.
5.12. not to use our vehicle for illegal purposes.
5.13. to never, under any circumstances, falsify the odometer reading on our vehicle, and to inform us of any defects in the odometer.
5.14. never to take part in races, competitions or rallies, or to assist in such events
5.15. never to test the reliability or speed of our vehicle
5.16. not to use our vehicle to teach anyone to drive
5.17. not to leave French territory without our express written consent
5.18. not to use our vehicle if it is overloaded or if the number of passengers exceeds the number of seat belts and/or to use the appropriate child seats.
5.19. not to use our vehicle other than on roads (or even private roads) or freeways that are passable, asphalted and in good condition, and in this sense never to attempt to drive on the beach or the dykes adjacent to them.
5.20. not to use our vehicle in a dangerous, careless or negligent manner.
5.21. not to use our vehicle on any aerodrome, airfield, airport or military installation intended for the take-off or landing, parking or movement of aircraft or airborne machinery, and more generally any parking, maintenance and/or storage area.
5.22. to give us or send us the keys and parking card if you have left our vehicle in a public or private parking lot, or if it has been lost or stolen. As long as we are not in possession of the keys, the contract will continue to run and you will be billed by debiting your credit card(s), which you expressly and unreservedly accept.
The price is indicated on the vehicle reservation page or on the paper contract
if applicable. It is charged to your credit card upon reservation or signature of the contract. It does not guarantee the availability of our vehicle, but blocks it for the reference period you have chosen. The availability of the vehicle is subject to the express condition that you pay the deposit or guarantee for the excess by debiting your credit card. If, for any reason whatsoever, you are required to provide other credit cards belonging to you or to third parties, a copy of their identity card and their written agreement must be attached to our file. The total amount debited from the credit cards will always be considered as an indivisible whole, and you and/or your representatives will personally guarantee its completion, in order to cover us if necessary.
The price invoiced is per day and for a maximum mileage of 200km. A
day is a period of 24 consecutive hours. Days are not divisible.
The price to be paid is calculated on the basis of the rental period in days and/or any
extension, whether consecutive or not.
Additional kilometers are charged at the rate communicated at the time of booking
and charged to your credit card(s).
Pick-up and drop-off charges are billed according to the rates in force at our opening hours.
during our opening hours. Where applicable, a supplement may be charged if the item is collected or returned outside our opening hours and at a different location from that originally agreed. You unreservedly accept that the amount charged to you will be debited from your credit card(s) even if you or your employees have already left France.
As the amount of damages and/or deductibles, as well as any fines and legal fees
you agree unconditionally to pay the amount by debiting your credit card(s).
The same applies to any administration costs, including reasonable legal fees,
awarded by the courts in the event of a judgment in our favor.
You will also be liable for any legal or attorney’s fees incurred should our vehicle be seized, for any reason whatsoever, as a result of your action or that of your employees, in order to recover it.
You will be billed for the cost of refuelling and your credit card will be debited if the refuelling is not carried out before the end of the rental period.
before the vehicle is returned. The amount is specified at the time of booking.
In the event of late payment or if your credit card(s) is/are inoperative, penalties will be applied.
In the event of late payment and if your credit card(s) is (are) inoperative, late payment penalties will be applied at the legal rate in force, plus a flat-rate penalty of 10% of the unpaid amount, as of the due date by operation of law and without formal notice.
As a general rule, you remain liable for all sums due
even if you have asked a third party to take charge of them and/or even if we have invoiced a third party at your request.
All our prices include 20% VAT.
7. Liability to third parties
We have taken out one or more insurance policies with one or more
We have taken out one or more insurance policies with one or more insurance companies to cover your liability and/or that of your employees in the event of a duly declared claim. The minimum age required is 23. As the company is very clear on this point, you expressly agree never to entrust the driving of our vehicle to a driver under the age of 23. Should you do so, you alone would be liable for any refusal of cover and forfeiture of the insurance conditions, as well as for the financial and legal consequences arising therefrom.
A copy of the general terms and conditions of insurance is available on request. The simple fact of accepting by clicking on “I accept” at the time of booking implies your full acceptance, without reservation, of the conditions of our insurance contract. If necessary, you agree to cooperate with us, the relevant authorities and the insurance company(ies) in any investigations involving you during the period and for the entire duration of the rental contract signed with our company. Failure to cooperate, to assist us, to sign an amicable accident report, fraud, breach of terms or failure to comply with the requirements of our insurance company(ies) will invalidate the cover provided, which you accept unreservedly.
8. Liability for damage, loss or theft
In the event of damage to, loss of or theft of the vehicle and/or its accessories
accessories, unless restricted, modified or limited by law, you and/or your employees shall remain liable throughout the rental period up to the amount of the deductible or deposit you have paid: whether as a result of fault or negligence on your part or on the part of one of your employees or any third party, or as a result of a natural disaster. If we succeed in obtaining reimbursement, you will be reimbursed up to the amount of the claim. You and/or your employees undertake not to have our vehicle repaired without our express written consent.
If the vehicle is returned outside our offices and/or business hours,
by one of your employees or by a third party, at a different location or at a location not initially planned, you unreservedly agree to remain responsible for any damage, loss or theft of our vehicle or its accessories that may occur before we have been able to recover it, even if its recovery is delayed for any reason whatsoever due to constraints of time, personnel or unfavorable weather conditions. And to pay the cost of repairs by debiting your credit card(s).
In the event of a claim, should the company declare a lapse in coverage under the
insurance contract(s), for any reason whatsoever, including but not limited to alcohol or drugs, regardless of who was driving the vehicle at the time of the claim, whether you, one of your employees or even a third party, whether known to you or not, your liability is unlimited and will be incurred in full, not only for damage to or the partial or total loss of our vehicle, but also for any amounts that may be claimed from us as a result of the forfeiture, and in particular by direct or collateral victims, which you expressly and unreservedly accept.
9. Data protection
You have provided us with information that is necessary for the proper performance
of our rental contract. This information may be processed automatically for marketing purposes, the aim being to optimize our commercial relationship by improving the quality of our services and, in particular, to invoice our products and services. This information is intended exclusively for Car4rent sarl, which may however communicate it for the purposes of surveys, management, prospecting and statistics, while ensuring that it will never be made public and guaranteeing you an adequate and sufficient level of protection as provided for by French and European legislation on the protection of personal data.
Our company is a member of the rental branch of the Conseil National des Professions de l’Automobile (CNPA). We may transmit personal data to this organization in connection with this rental contract, and this organization may legitimately refuse to rent you one of our vehicles. If this is the case, you will be informed and have the right to object to the recording, access or rectification and/or deletion of your personal data (CNIL deliberation no. 2006-235 of November 9, 2006) by contacting the CNPA, 50, rue Rouget de Lisle, 92158 Suresnes Cedex.
Our website www.car4rent.fr and our Android and iPhone applications are registered with the CNIL under number 1950896.
All our vehicles are equipped with a geo-location system enabling us to track them and immobilize them if necessary. You acknowledge that you have been informed of this and accept it unreservedly. If you consider this to be an invasion of your privacy, you may object, in which case we reserve the right not to rent you our vehicle.
You have the right to access and rectify your personal data, and you may object to their processing for legitimate reasons.
10. Termination of contract
You have the right to terminate the rental contract and return our vehicle
at any time in accordance with the terms of the contract or any amendments thereto. If the vehicle is returned to us before the scheduled end of the rental contract, you or your representatives will not be entitled to any reimbursement. This does not in any way preclude us from restoring the vehicle to its original condition, and you will not be entitled to any compensation whatsoever.
If, for any reason whatsoever, the vehicle is no longer in working order, even though this is not necessarily your fault, the contract will be automatically terminated. A statement of account will be drawn up, and you will be reimbursed for any rental days you were unable to use. This does not in any way preclude the drawing up of a statement of return at the end of the contract. You will not be entitled to any compensation. We will, however, try to provide you with a vehicle of a similar type, but we are under no obligation to do so. You will never be entitled to any compensation whatsoever, other than reimbursement for the days remaining until the end of the contract.
No compensation for eviction may be claimed from us.
We have the right to terminate the rental contract, ipso jure and without formal notice
formal notice, in the event of non-compliance with one or more of your obligations as described in paragraph 5, points 5.1 to 5.23. or in the event of a false declaration concerning your identity, your driver’s license or your credit card(s) provided as security. In the event of cancellation by us, you must return the vehicle to us as soon as possible, with all accessories, in accordance with the terms and conditions of the rental contract and any amendments thereto. If you do not return the vehicle to us as soon as possible, you expressly agree that we may repossess the vehicle under the best possible conditions, and you will be liable for any reasonable costs incurred by us in recovering the vehicle. Under no circumstances will the amount paid for the rental be refunded.
Early termination of the rental contract does not in any way affect any rights or remedies
that we have acquired by signing the said contract, any amendments thereto, or any consequences thereof.
Car4rent guarantees its customers effective recourse to a consumer mediation system. To this end, the company is a member of the FNA (Fédération nationale de l’automobile). In the event of a dispute, and after a written complaint to our services has remained unsuccessful, you may refer the matter free of charge to the FNA Mediator with a view to an amicable resolution of your dispute.
Postal address :
Le Médiateur FNA
Immeuble Axe Nord
9 & 11 avenue Michelet
93583 Saint Ouen Cedex
Tel: +33(0)1 40 11 12 96
12. Applicable law – Jurisdiction
In the event of disagreement between the parties, it is mutually agreed that the rental contract, the general terms and conditions, the general regulations for use of the service and the rights and obligations arising therefrom, as well as their consequences, are governed by French law and are subject to the exclusive jurisdiction of the courts of Cannes.
13. Territorial extension
In the event that the subscriber and/or his/her employees are not French nationals, it is agreed that the rental contract is also effective by extension in the country of origin of the subscriber and/or his/her employees, and that the contract is always governed by French law. In the event of a dispute, the subscriber expressly agrees to elect domicile in France and accepts the exclusive jurisdiction of the French courts.
14. Free translation
We are happy to provide a free English translation of our general terms and conditions and of the contract. However, in the event of a dispute, the French text will always prevail in court. It can never be claimed that the English contract is the basis of the legal foundations.