ARTICLE 1 :
PROVISION AND RETURN OF THE VEHICLE
The vehicle is made available to the renter: it must be returned
to the same location during the rental company's normal opening
hours. Otherwise, the renter will have to pay the rental company a
mileage allowance or a flat rate indicated in the current rate per
kilometer separating the departure station from the one where the
vehicle was left.
ARTICLE 2 : CONDITION OF THE VEHICLE
The renter acknowledges that the vehicle
has no apparent signs of deterioration, is in good working order and
cleanliness, and that the tires are in good condition and without
cuts. In the event of deterioration of one of the tires for a cause
other than normal wear and tear, the renter
commits to immediately replace it at his own
expense with an identical tire of the same brand and of equal wear.
Repairs to tire punctures are also the responsibility of the tenant.
Likewise, damage caused to the vehicle's rims remains the
responsibility of the renter. The meters and
their sockets cannot be violated: in the event of a violation of
this requirement, the renter will have to pay
the rental on the basis of 500 km/day regardless of prosecution for
fraudulent use. The renter is responsible for
damage other than normal wear and tear suffered by the vehicle for
all causes beyond the control of the lessor, in particular the goods
transported must not be likely to damage the vehicle either by
themselves or by their packaging or their lashing. Interior damage
to the vehicle, caused voluntarily or involuntarily (breakage of
accessories, burning of seats by cigarettes, etc.) always remains
the responsibility of the renter even if he has subscribed to the
supplement to reduce the deductible.
ARTICLE 3 : CUSTODY AND USE OF THE VEHICLE
The renter assumes custody of the vehicle
and control of driving and transport operations. Under the risk of
being excluded from the insurance guarantee and therefore of being
in a state of uninsurance, the renter
commits not to allow the vehicle to be driven
by people other than himself or those approved by the rental company,
and for whom he vouches in accordance with
Civil Law. He further commits
to ensure that the vehicle is not used: 1) To propel or pull any
vehicle or trailer, unless stipulated in the contract. 2) By a
person under alcoholic or narcotic influence, 3. In the context of
competition. 4) For the transport of passengers for consideration,
regardless of the method of remuneration chosen. 5) Overloaded, the
rented vehicle carrying a number of passengers greater than that
authorized or a load whose weight exceeds the payload of said
vehicle; in the event of non-compliance with this requirement, the
renter will be responsible for the
consequences, regardless of their importance. 6) By a person who has
provided the rental company with a false identity, inaccurate age or
address. It is specified that the vehicle can only be driven by the
people designated in the contract. 7) To transport dangerous goods
(flammable or explosive) or goods that may release bad odors.
Furthermore, the
renter may under no circumstances transfer,
sell, mortgage or pledge this contract, the vehicle, its equipment,
its tools, nor treat them in such a way as to harm the lessor. The
renter is subject to all legislative,
regulatory, customs or any other laws relating to the transport of
goods which he carries out using the vehicle provided by the lessor,
public or private transport, depending on the use to which he
assigns the vehicle. The renter's liability
lasts for the entire period during which the vehicle was made
available to him. The renter is solely
responsible for the declarations and payment of duties and taxes
concerning the movement of goods (customs, duties, rules, etc.), the
lessor expressly reserving, in the event that he is called into
question, the right to pursue remedies
against the renter and
request full compensation for the damage suffered.
ARTICLE 4 : RENTAL
The renter commits to return the vehicle
on the date stipulated in the rental contract; the delivery to the
rental company of the vehicle at the agreed location alone causes
the rental to cease. In the event that the renter
wishes to keep his vehicle for a period longer than that initially
agreed, he must, after having obtained the agreement of the rental
company, send without delay the amount of the
extended rental period under penalty
of exposing himself to prosecution for vehicle theft and breach of
trust. Payment: The renter commits to pay to
the lessor at the end of the rental and return of the vehicle: 1) A
“kilometric” fee calculated at the rate provided for the number of
kilometers traveled by said vehicle during the duration of its
rental following the indication of the meter installed on said
vehicle by the manufacturer. In the event of a malfunction of the
odometer, it is the renter's responsibility
to immediately notify the rental company under penalty of being
charged 500 km/day of rental at the current rate. 2) The fees
relating to the duration of the rental and, if requested by the
renter, the amount of the waiver of payment
of certain damages in the event of a collision and the premiums for
the medical and mechanical assistance guarantee for the driver and
persons transported as well as goods transported. 3) The additional
fee for repatriation of the vehicle if it is left at another
location than planned without the agreement of the rental company.
4) All direct or indirect taxes and contributions payable on
royalties, premiums, fees and compensation provided for in
paragraphs 1), 2) and 3). 5) All fines, costs, expenses and taxes on
all infractions of the legislation relating to traffic and parking
applicable during the duration of this contract,
excepted however to infractions resulting from fault on the
part of the lessor. 6) The costs incurred by the lessor to ensure
repair of damage due to collision or other damage caused to said
vehicle, it being understood, however, that the responsibility of
the lessee and provided that he has strictly observed all the
clauses and conditions of this contract will be limited to the
maximum deductible amount indicated in the
rental rates.
ARTICLE 5 : PENALTY PENALE
1) Failure to comply with article 4 of this contract will
result, in addition to repeatable costs and default interest, in the
application, as a penalty clause, of compensation fixed at a flat
rate of TWENTY PERCENT (20%) of the sums actually remaining due.
2)The amount of compensation calculated as a penalty clause may not
be less than a minimum sum of ONE HUNDRED EUROS
(€100).
ARTICLE 6 : INSURANCES
Only the renter and the drivers approved
by the lessor in accordance with article 3 can claim the status of
insured. 1) The renter and any authorized
driver therefore commit
to be included as insured persons in the
coverage of an automobile insurance policy, a
copy of which is available to the renter at
the principal place of business of the
lessor. This policy covers unlimited damage against third parties
according to applicable laws in effect where
the vehicle is registered. 2) The renter
hereby gives his agreement to the said policy and
commits to observe its clauses and conditions. In addition,
the renter commits to take all useful
measures to protect the interests of the lessor and the lessor's
insurance company in the event of an accident during the duration of
this contract, and in particular: - to inform
the lessor within 24 hours of any accident, theft or fire and
immediately alert the police authorities of any theft or bodily
injury, - to mention in the
insurance claim, in particular the circumstances, names and
addresses of any witnesses, the name and address of the opposing
party's insurance company, as well as the policy number, -
to attach to his insurance
claim any police report, receipt of pressed
charges, etc. - under no circumstances to
discuss liability or deal with or compromise with third
parties in relation to the accident - to not
abandon the said vehicle without taking care of it
to ensure its protection and safety.
3) In the event of an incident with damage to the vehicle resulting
from a collision with a third party or with a fixed or moving body,
a deductible according to the current rate
will remain the responsibility of the renter. Failure to submit an
amicable report or accident report within 24 hours will result in
full billing for repairs caused by the
incident. However, even if the renter has
agreed to pay the additional amount for reduction of
deductible, he will remain responsible for all damage caused
to the upper parts of the bodywork following an impact against a
fixed body (bridge, tunnel, porch, tree
branches and other overhanging objects). The same applies to damage
caused to the bodywork and mechanical parts located under the
vehicle (front axle, oil pan, etc.) 4) The lessor will not be
responsible for any loss or damage caused to any property and any
valuables transported and left in or on said vehicle after its
return. Furthermore, the lessor cannot be held liable for any loss
or damage caused by the renter or any third
party by loading or unloading the vehicle, including damage caused
by or to a door of the vehicle. 5. The renter
has legal custody of the vehicle according to
applicable laws and therefore commits
to keep it locked when not in use. In the
event of theft, the loss is covered by the
rental company's insurance company, subject to compliance with the
conditions in paragraph 2) of article 6 of these conditions and on
the condition of the return of the keys, vehicle
documents (registration, insurance) and the
receipt of a complaint for theft issued by the competent
authorities. 6.)The vehicle is only insured for the duration of the
rental indicated on the contract. After this
period, and unless the extension is accepted, the lessor declines
all responsibility for accidents that the renter
could have caused and for which he will
be solely responsible.
ARTICLE 7 : FUEL
Fuel costs are to be paid by the renter.
ARTICLE 8 : CARE AND REPAIRS
The renter will regularly check all
levels of oil, water and other fluids, as well as the degree of
antifreeze concentration. He will also carry out routine maintenance
and prevention operations, in particular draining and lubrication.
The renter must keep the supporting documents
corresponding to these various interventions available to the
lessor. Repairs other than normal maintenance operations cannot be
carried out without the prior authorization of the lessor.
ARTICLE 9 : PRICES UPDATING
The rental price is established based on the economic conditions
existing on the date the contract is signed. The rental company
reserves the right to modify its prices without notice.
ARTICLE 10 : LIABILITY
The
renter remains solely responsible for traffic
fines. He is also responsible for customs
violations brought against him. Consequently, he
commits to reimburse the lessor for any costs
of this nature that may have been paid in his place. The
renter must also respect all
traffic rules and regulations. The
lessor, subject to having taken all sufficient precautions in this
regard, will not be held responsible for losses or damage which
could result directly or indirectly from a mechanical failure of the
vehicle.
ARTICLE 11 : LESSOR'S
IMPEDIMENT
Under no circumstances
will the renter be able to claim damages,
either for delay in delivery of the vehicle, or for cancellation of
the rental or immobilization in the case of breakdowns or repairs
occurring during the rental.
ARTICLE 12 : CONTRACT LENGHT
The rental is granted
for a fixed period specified in the rental
contract. If the vehicle is not returned to the lessor by the agreed
deadline, in the absence of written agreement for a possible
extension, the lessor reserves the right to take back the vehicle
wherever it is located and at the expense of the
renter without the latter being able to claim an
abusive termination of rental.
ARTICLE 13 : BREACH OF CONTRACT
Failure by the
renter to comply with the rental conditions
will result in termination of the rental, without prejudice to any
damages that may be claimed by the lessor.
ARTICLE 14 : JURISDICTION
In the event of a
dispute relating to the execution of this contract, the courts of
the city of the lessor have sole jurisdiction.
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