General Terms and Conditions of Saint-Pierre Rental Car Company
Including No License Rental Cars
The rental by Saint-Pierre Rental Company LLC (hereinafter “the rent”) of motor vehicles and their equipment and accessories under the brand “Saint-Pierre Locations” or any other trademark registered by Saint-Pierre Rental Company, is exclusively subject to these general rental conditions (the “GTC”) and the special conditions resulting from the contractual document (‘“the rental agreement”) delivered to the tenant (“the customer”). The customer acknowledges having received, taken cognizance and accepts the GTC at the latest at the time of the rental agreement delivery and the keys at the counter of the rental company. This acceptance of the GTC and the rental agreement is materialized by the signature that the customer will have to affix on the rental agreement. It is further agreed between the parties that the image of the signatures and that of the lease will have the legal value of an original document. In some cases (regular customers, professional clients etc.) it is not systematically requested a signature at the conclusion of each lease , the parties then agree that the acceptance of the GTCs will result from previous leases or any existing framework agreement between the parties.These GTCs include cases in which the lease accepts a limitation and/or exclusion from the responsibility of the customer or any authorized driver ( the “optional liability limitation”). Rental is possible for any driver over 21 years old and holding a driving license for at least two years. Update from January 1st 2017.
Article 1- Reservation/Booking and Rental Period
Bookings: A reservation relates only to the category of the vehicles and the corresponding price, as chosen by the Customer, not on the make and model of the vehicle. If the Client does not show up on the date and at least sixty (60) minutes after the time indicated on the reservation, SAINT-PIERRE LOCATIONS, is not obliged to maintain this one. Cancellations can be made at any time before the start of the rental unless otherwise stipulated for rentals at the prepaid rate (Article 14).
1.2 Rental Term and Renewal : The Rental Agreement has a specified duration, as defined at the time of booking and set out in the Rental Agreement, and terminates on the agreed date and time. The Lessor being required to respect the obligations contracted with the car manufacturers of the vehicles of its fleet, it can be renewed at the request of the Customer and with the agreement of the Renter. In order to obtain such a renewal, the Customer is required to present himself at the agency with the vehicle in order to conclude a new rental contract at the vigorous rate. If the Customer does not appear at the branch for renewal, and in the event of failure to return the vehicle to the agreed place and at the dates and times indicated in the Rental Agreement, the Rental Agreement is then terminated and any Limitations of Liability and Optional Insurance entered into at the beginning of the lease no longer apply. In respect of the continuous enjoyment/ right of use of the vehicle and until its effective restitution, the Customer and any Authorized Driver shall be jointly and severally liable to the Lessor for the payment of an indemnity of enjoyment/the right of use the amount of which shall be equal to the public rate of the Lessor for daily rentals such as this one is displayed in the Lessor’s agencies, except in the case where the absence of restitution is not the fault of the Customer or Authorized Driver. The Customer must inform the Lessor immediately of any event preventing the client from returning the vehicle at the agreed date and time by phone and/or email : email@example.com . The Customer is informed that failure to return the vehicle to the agreed place and to the date agreed in the Rental Agreement, it is subject to legal action for removal.
Article 2- PERSONS AUTHORIZED TO DRIVE THE VEHICLE
In principle, the Customer is the only person entitled to drive the vehicle. If the Customer wishes that one or more other persons can use the rented vehicle under the conditions resulting from the Rental Agreement and these GTC, this or these persons will have to satisfy in advance the rent under the same conditions as the customer concerning the driver’s license and providing proof of identity (“Authorized Driver”). An additional charge is charged for each Authorized Driver. Keep in mind any subletting, loan of a vehicle to a person not authorized by the Lessor is prohibited doing so will incur the loss of benefit of insurance and protection.
Article 3- DOCUMENTS TO BE PROVIDED
3.1 At the time of delivery of the vehicle, the Customer and, where applicable, any Authorized Driver must personally go to the SAINT-PIERRE LOCATIONS Agency and present a valid driver’s license in France, allowing them to drive the rented as well as an identity card or passport. Depending on the category of the rented vehicle, the Lessor may require that the Customer and any Authorized Driver hold a driver’s license for a certain period of time. The Lessor reserves the right to make the rental of a vehicle subject to other conditions. Companies with a commercial master agreement with the Lessor must verify themselves whether the Authorized Drivers are in possession of a valid driver’s license. 3.2 Payment by check being excluded, the Customer must present at the time of delivery of the vehicle a credit card or a valid international credit card in the client’s name to allow the Lessor to check his creditworthiness. The bank card or credit card presented by the Customer at the time of delivery of the vehicle must remain valid until the moment of the return of the vehicle. For vehicles of higher category,the Renter may be required to require the presentation of two bank cards. 3.3 In the event of renewal of the contract, under the conditions specified in article 1.2 , the Lessor shall carry out a new credit check of the Client by means of the credit or debit card presented in its entirety. If the result of this verification reveals a solvency defect, the Rental Agreement is terminated automatically and the Customer must immediately return the vehicle.
Article 4- PROPERTY OF THE VEHICLE AND ITS ACCESSORIES
The vehicle and its accessories are the property of the Lessor or a third party. In any case, the Customer and any Authorized Driver have no right to sublet the vehicle and its accessories,nor to make any modifications or repairs on the rented vehicle and its accessories, except in the case provided in Article 6 below.
Article 5- DELIVERY OF THE VEHICLE
The vehicle and its accessories are made available to the Customer in perfect working order and clean, subject to defects not apparent. The Rental Agreement indicates possible defects in the vehicle and its accessories, mileage and fuel level. The customer is required to check the condition sheet at the time of delivery of vehicle. In this case, before departure, the Customer must inform the Lessor of any apparent defects that are not listed as well as any discrepancy in mileage or fuel level so that the Lessor can rectify the information contained in the Rental Agreement. In the absence of such information from the lessor before departure of the customer, no claim for apparent defects can be taken into account. No vehicle may be issued without the opening of a pre-authorization by credit card corresponding to the deductible of the rented vehicle.
Article 6- MAINTENANCE
The Customer and any Authorized Driver undertake to take care of the rented vehicle and its accessories, this includes regularly checking the engine oil and water levels and to ensure that the vehicle remains in a good condition throughout the lease. It is forbidden for any Customer or any Authorized Driver to carry out repairs on the rented vehicle without the prior written and oral agreement of the Lesser. The Customer or any Authorized Driver is obliged, in case of deterioration of one or more tires and/or rims during the rental, to proceed or carry out at his or her expense ad having obtained the agreement of the Lessor to the repair or the exchange of the deteriorated tire and/or rim against a similar new model ( make, profile, size and speed index).If this operation is supported by the renter, the customer remains liable for the entire amount of the damage even if it exceeds the deductible. In such a case, the Customer or any Authorized Driver may not claim any damages for any disturbance of enjoyment, except in hidden defect or failure to deliver in accordance with the Customer’s or Authorized Driver’s obligation to provide proof thereof.
Article 7- CONDITIONS OF USE OF THE VEHICLE
The Customer or any Authorized Driver is obliged not to use or allow to use the rented vehicle including: outside roadways, in case of transport by waterway or by sea, for the transport of goods for a fee, except for vehicles utilities for transporting persons for a fee, for the purpose of learning to drive except the intended vehicle for this purpose, for tests, competitions or motor racing, by any person under the influence of alcohol (alcohol level above the permitted legal rate) or any prohibited substance ( narcotics, drugs etc.), to carry a load or a number of passengers exceeding the indications given by the manufacturer, for the transport of any flammable, explosive or radioactive material (oils,minerals etc.) which may deter the vehicle or cause an abnormal risk to its occupants and/or to third parties, to push or tow another vehicle, in the countries prohibited by the Rental Agreement, for any sublets, to travel in areas prohibited by ( airport areas, military etc.), with the intention of intentionally committing an offense.
Article 8- RETURN IN THE STATE OF THE RENTED VEHICLE
The Customer or any Authorized Driver must return the rented vehicle, its keys and papers no later than the dates and time stipulated in the Rental Agreement, except normal wear and tear of the vehicle. Unless restitution outside the opening hours of an agency SAINT-PIERRE LOCATIONS or refusal of the Customer, a contradictory examination of the vehicle takes place during the restitution and is object of a protocol of return signed by the Customer or any Authorized Driver. A copy of this protocol will be given to the Customer at his request. If the customer or any authorized driver wishes to make a return outside the opening hours of an agency SAINT-PIERRE LOCATIONS, it does so at his own risk. Thus, even if the vehicle is parked by the Customer or any Authorized Driver in the agency’s car park and the keys have been deposited in the agency’s mailbox, the vehicle remains under the responsibility of Customer or any Authorized Driver until the opening of the agency and the taking over the vehicle by the Lessor. In this case and in the event that the customer refuses to carry out a contradictory examination of the state of vehicle, the observations made by the only renter on the condition of the said vehicle will be opposable to the customer as well as to any authorized driver. The Lessor cannot be held responsible for the goods forgotten by the customer, any authorized driver or occupant of the vehicle in it.
Article 9- INSURANCE
9.1 Compulsory Insurance - Civil liability (Article L.211-1 of the French Insurance Code) All vehicles rented by the Lessor are covered by civil liability insurance in accordance with the regulations in force. Under article R.211-5 of the French Insurance Code, “the obligation of insurance applies to the repair of bodily injury or material damage resulting, on the occasion of the circulation: (1) accidents, fires or explosions caused by the vehicle, the accessories and products used for its use, the objects and substances it carries: (2) the fall of such accessories, objects, substances or products”. Subject to compliance with their obligations under these GTC, the Customer and any Authorized Driver are therefore guaranteed against the financial consequences of their liability for bodily injury or material damage caused to third parties (including passengers of the vehicle) and in whose realization the rented vehicle is involved. The Customer or any Authorized Driver, in driver’s position at the time of the accident, is not covered by this warranty. Damage to the vehicle is also not covered by compulsory liability insurance. In this respect, the Customer or any Authorized Driver has the opportunity to limit his liability as it will be set out in Article 10. Mandatory Insurance Liability does not apply: for damage caused by the Customer or any Authorized Driver to their agents or employees with the rented vehicle, for damage suffered by the persons transported when their transport is not carried out in sufficient security conditions as described in article A.211-3 of the Insurance Code, if, at the moment of the incident, the driver’s license of the Customer or that of any Authorized Driver, if he is driving, is not valid or has been withdrawn, in general, from events excluded from the guarantee by articles R.211-10 and R.211-11 of the French Insurance Code, in case of inalienable or fraudulent fault in the sense of the Article L.113-1 of the Insurance Code, of fraud, in the event of false intentional declaration in the coordinates indicated on the Lease Agreement or the amicable report. In the event of non-compliance with the obligations resulting from the GTC, the Customer or any Authorized Driver is required to return to the Lessor any sum or compensation that the Renter would have paid to a third party on behalf of the Customer in the event of death or personal injury and/or materials suffered by the third party.
Article 10- LOSS AND DAMAGE CAUSED TO THE VEHICLE
10.1 Principle of responsibility of the Customer and any Authorized Driver
The Customer and any authorized driver respond, in accordance with the provisions of the Article 1732 of the Civil Code, of the loss and damage caused to the vehicle during the rental. The responsibility of any Customer or any Authorized Driver may include the amount of repairs assessed by an expert or invoiced by a mechanic, the market value of the vehicle, a vehicle immobilization allowance and any other incidental expenses related to loss or damage caused by the vehicle rented during the lease ( such as, for example, vehicle storage costs, expert fees, file management fees, etc) as well as the costs of cleaning made necessary by a state of excessive dirt of the vehicle up to 150 euros. However, a deductible remains due for any accident with third party liability from 50% to 100% regardless of the damage suffered. Similarly, a degradation or accident without third party entails the responsibility of the renter except when a renter can prove that the event was not in entirely in their control. It should be noted that the amount of the damage constitutes the financial value of the damage suffered by the renter as a result of the damage, destruction or theft of a vehicle rented by the lessee. Consequently, any sum claimed by the lessor for damages affecting the rented vehicle is a compensation of the processing fee. In the absence of the completion of the repairs, the estimated amount of their cost will remain due to the renter by the way of indemnity because of the decrease in the market value of the vehicle. Warning: the vehicles of the Lessor are not systematically covered by insurance guarantees other than those resulting from legally binding insurance. Thus, depending on the circumstances, risks such as theft or damage to the vehicle itself may affect the Customer and any Authorized Driver, so that they may be required to refund the market value of the vehicle if necessary at the moment of the accident ( leaving the keys in the vehicle for example). Against payment for a price supplement, the Lessor agrees that this liability of the Customer or any Authorized Driver is limited and/or excluded ( “Optional Liability Limitations”). These optional liability limitations, the conditions of which are set out in Article 10.2 below, are not insurance. 10.2 Limitations of optional liability. The application of the optional liability limitations is subject to compliance by the Customer with the provisions of these GTC. 10.2 Limitation of Liability in the case of theft and Collision (“Flight and Collision Protection”- “LDW”) Partial Surrender of Franchise. By subscribing to the Optional Liability Waiver and Collision Protection Limitation upon the conclusion of the Rental Agreement, the Customer agrees to pay a price supplement per rental day ( per twenty-four (24) hours non breakable period) rate in effect. He then benefits with any Authorized Driver from a limitation of his liability for damage to property suffered by the vehicle and its accessories and equipment, and in the event of theft up to an amount specified in the Rental Agreement up to the total exemption according to additional option underwritten ( “Franchise theft and collision”). “Ice Break” and “tire” damage are not covered by the LDW. Concerning the damages,this limitation of liability applies to the possible liability of the Customer for the material damage suffered by the vehicle as well as its accessories and equipment not resulting from theft or acts of vandalism. Franchise will be billed by the renter for each damage. 10.2.2 Limitation of Liability of Damage to Tires and Windows (“Tires and Glass Protection” - “GT”) As is apparent from Article 10.2.1 of the present GTC, damage to tires and windows are excluded from Damage Protection. By subscribing to the Optional Limitation of Liability Icebreaker and Tire Protection at the conclusion of the Rental Contract, the Customer agrees to pay an additional price per rental day ( per twenty-four hours (24) non breakable) following the tariff in force. He shall then with any Authorized Driver , grant exemption from liability for damage to the tires (excluding rims), vehicle windows (windshield,side windows,rear windows) and mirrors outside and inside mirrors. 10.2.3 Causes of Exclusion from the Limitation of Liability “Flight and Collision Protection- LDW” and “Tire and Glass Protection “GT” These Limitations of Liability do not apply: In case of intentional or negligent fault within the meaning of Article L.113-1 of the French Insurance Code, in the case of negligence or carelessness characterized by the Customer or the Authorized Driver of a limitation of liability for material damage to the vehicle and its accessories and equipment, and in case of theft up to an amount specified in the Rental Agreement up to the total exemption according to the complementary option subscribed (“the Franchise theft and collision” ). “Ice Break” and “tire” damage are not covered by LDW. Concerning the damages, this limitation of responsibility applies to the possible liability of the Customer for the material damages suffered by the vehicle as well as its accessories and equipments not resulting from a theft, an attempt of flight or acts of vandalism. The amount of the excess will be charged by the renter for each damage. THIS PART NEEDS TO BE PLACED SOMEWHERE UNDER 10.2.2 I AM STARTING BACK UP HALFWAY THROUGH 10.2.3 WHEN I AM DONE I REALLY HAVE TO CHZCK EVERYTHING BECAUSE I MESSED UP SOMEWHERE (11.14.19)
In case of violation of the provisions of the Highway Code in case of use of the rented vehicle contrary to the stipulations of Article 7 of these GTC, namely including the use:
- outside roadways-for the transport of goods for a fee, except with the written permission of the Lessor- for the transport of persons for valuable consideration- for learning to drive, for tests, competitions or motor racing, or for any person under the control of the alcohol ( blood alcohol level above the legal guideline) or any prohibited substance (narcotics, drugs, etc.)- to transport a load or a number of passengers higher than the manufacturer’s specifications, - for the transport of any flammable, explosive or radioactive material (oils, mineral spirits,etc.) which may degrade the vehicle or cause an abnormal risk to its occupants and/or third parties, - to push or tow another vehicle, in countries prohibited by the Rental Agreement - for any sublet-to travel in areas prohibited to the public (airport, military, etc.)- for the purpose of committing an offense; in case of attempted suicide or suicide, in case of driving with an expired license, suspended or withdrawn, in case of absence of a Police Report detailing the accident or fire as stated in the article 11.2 of the present GTC or absence of a Police Report of circumstances of the flight provided for in article 11.3 of these GTC, in case of the Declaration of the circumstances of the accident or the fire not in accordance with the provisions of article 11.2 of the present GTC or of Declaration of circumstances of the flight not in conformity with the provisions of article 11.3 of the present GTC, in case of attempted fraud, in the event of false declarations in the rental agreement, in the Declaration of the circumstances of the accident, fire or theft, or in the aimable statement of insurance established after an accident, for damage not considered as fires ( that is to say a combustion with flames) , such as for example burns of a cigarette, for damage to the goods or merchandise of the Customer or Authorized Driver transported in the vehicle, for the internal damage, for damage resulting the use of a non-compliant fuel, in case of nonpayment of the rental price and its accessories, for damage to the upper parts of the vehicle, the upper parts are body parts above the upper limit of the windshield, for damage to the lower parts of the vehicle for any reason whatsoever, the lower parts being understood as elements under the chassis, in case of theft of the vehicle by the Attendants of the Client or any Authorized Driver, members of their family ( see article 311-12 of the Penal Code) or persons living under their roof, theft of the goods and merchandise of the Customer or any Authorized Driver carried in the vehicle. Given these exclusions, it is important to mention again that the renter recommends to the customer and any authorized driver to pay attention to the size or size of the vehicle (including commercial vehicles), any misjudgment of the template in function of the road infrastructures causing the loss of the vehicle or damage to it, resulting in the exclusion of any optional limitations of liability provided for above. 10.2.4 Period of validity and scope of the Limitations of Liability . The Optional Liability Limitations are only in effect for the rental period stipulated in the Rental Agreement. After this period, and unless the Contract is formally accepted by the Lessor before the occurrence of the damage, the Customer and any Authorized Driver lose the benefit of the said Optional Limitations of Liability as it has already been mentioned in article 1.2 of this GTC (google translate says GLC) agreement.
Article 11 - OBLIGATION IN CASS OF LOSS
11.1 General obligations in the case of an accident of any nature whatsoever- accident, theft, attempted theft, fire, collision with a wild animal or any other damage sustained by the vehicle (the “LOSS”), the Customer or Authorized Driver must take all necessary measures to safeguard the interests of the Lessor and, where applicable, the insurance company, namely: notify the Lessor immediately or at the latest within twenty-four (24) hours following the occurrence or discovery of one of the abovementioned disasters or damage, to inform if necessary the services of the Police or Police Station, to fill the request for a police report addressed to the car rental agency, (“the Declaration”), which will have to be returned to the Car Rental Agency without undue delay under penalty of of losing the the benefit of the insurance guarantees provided for in Article 9 and the optional liability limitations referred to in Article 10. The statement sent to the service of the renter to return to the latter as soon as possible must mention: the circumstances, date, place and time of the loss, the name and the address of any of the witnesses, if any, the registration number the third party vehicle involved, the name and the address of its owner, the name of the insurance company and the insurance policy number. After the 24h deadline the processing fee of the file will amount to 150 euros. In the same way the absence of a declaration of a claim will lead to the doubling of the deductible and 300 euros of expenses in administrative and penalty fees.
11.2 Special obligations in the event of an accident
In the event of an accident, the Customer or any Authorized Driver shall, in addition to fulfilling the obligations set out in Article 11.1, draw up a report by completing the document made available in the vehicle, except in cases of major force/”acts of mother nature”. If a police, police station or bailiff report has been drawn up, these documents must be attached to the said declaration. The Customer or any Authorized Driver is not entitled to enter into any agreement or transaction of any kind in the name and on behalf of the Lessor or its insurer.
11.3 Special obligations in case of theft
If the vehicle is stolen, a complaint must be filed immediately with the competent authorities. A copy of the notice of complaint must be delivered as soon as possible to the Lessor by the Customer or any Authorized Driver or the optional Limitation of Liability referred to in the article 10.2 will be lost. The original keys of the vehicle must also be returned to the Lessor. In the event of theft or loss of the original keys, the Customer or any Authorized Driver must immediately declare the theft or loss of the keys to the Lessor and the competent authorities. Failure to do so may result in loss of benefit of the Optional Limitation of Liability referred to in Article 10.2.1. In addition, in the absence of a statement of the theft or loss of the keys, the rents owed by the Customer continue to run.
Article 12- EVALUATION AND INDEMNITY PROCEDURES
Any damage found on the return of a vehicle is evaluated by an independent expert approved by the insurance companies. For damage that does not render the vehicle unfit for traffic, it is not immobilized and the expertise is carried out remotely on the basis of photographs taken during the return of the vehicle. The Customer or any Authorized Driver may commision a counter-expertise at his or her own expense. This can be carried out only on the basis of the elements used to carry out the expert’s report by the independent expert, an immobilisation of the vehicle to this effect is excluded, except assumption of the costs of immobilization the Customer or any Authorized Driver, the latter corresponding at least to the rent of the vehicle according to the tariff displayed in the agency during the period of immobilization, plus the cost of guarding etc. In order to be able to validly contest the result of the expert appraisal carried out by the independent expert, the Client or any Authorized Driver must inform in writing the claim service of the Lessor of his or her intention to have a counter-report made and then send the counter-report details within the period of (1) month from the receipt of the export report prepared by the independent expert to the same service at the following address: SAINT-PIERRE LOCATIONS SARL, Claims Department, Quartier Four à Chaux 97233 Le Lamentin or by email at firstname.lastname@example.org . Unless otherwise stated, the parties agree that the assessment of the damage carried out by the independent expert is final and expressly acknowledges that it will be binding on them and will be enforceable against them as the monetary equivalent of the damages is agreed between them. The Customer expressly agrees to indemnify the Lessor for the monetary equivalent of the damage to the rented vehicle, up to the amount at his or her expense.
Article 13 - RENTAL PRICES, OTHER CHARGES AND CONDITIONS OF PAYMENT
13.1 Miscellaneous rental price- The rental price is the price resulting from the rental provider’s rates on the day of the signing of the Rental Agreement. Promotional rates are valid only for the proposed term. In case of exceeding this duration, and without prejudice to the provisions of Article 1.2, the rate displayed in the agency applies to the entire duration of the lease. No refund is due for an early return. The client and any authorized driver are jointly and severally liable for payment of the rental price: The Rental Price is composed of the main rent and any rent supplements: The main rent, according to the rate chosen by the Customer, is determined according to the duration of the lease only, or according to this duration and the kilometers traveled. The rental periods are expressed in rentals days, namely one or more periods of twenty-four (24) consecutive hours, the first of which begins at the day and time at which the vehicle is delivered to the Customer. Unless expressly agreed by the Lessor, any day started is due. Compulsory rent supplements are, where applicable: site surcharges for rentals made from an airport or port office, or immediate “young driver” supplement. The optional rent supplements that may be offered by the Lessor such as: and optional Limitations of Liability , the daily price of rental accessories ( car seat, navigation system, roof rack, etc), The costs of leaving the rental car at an agency different from the of the departure invoiced according to the tariff schedule according to the city of return, the expenses for the delivery and/or removal of the vehicle at the desired place by the Customer as well as the fuel costs corresponding to the journey made by the Lessor for delivery or removal, The price of fuel corresponding to a full tank of gas of the rented vehicle in case of a conclusion of a Rental Agreement, at the price of the option “prepaid fuel” in this case , the full remaining at the return of the vehicle does not give rise to a refund. The customer and any authorized driver are also jointly and severally liable for the payment of other costs as well as for damages, namely: unless purchase of the “prepaid fuel” option, the price of fuel if the vehicle is not returned with at least the same level of fuel as when the vehicle was handed over: in this case, the Lessor will re-invoice the missing fuel at a price including the cost of the refueling service, available at the agency, any costs incurred by the Lessor for the recovery of the vehicle in the vent where it would be left to another place than contractually agreed or the Lessor would have to recover it due to a fault of the Customer or any Authorized Driver ( keys locked inside the vehicle, keys lost, malfunction of the vehicle as a result of the omission or negligence of the Customer or any Authorized Driver), costs of re-encoding keys in the event of loss, theft or damage to the keys of the vehicle; a fee for the provision of a key double in the event of locking of the keys in the vehicle, all costs incurred by the Lessor including the costs of immobilization as a result of a violation of the Highway Code, an impoundment of the vehicle or apprehension of the vehicle by the Police, State Police or Customs services, handling costs related to the treatment of infringements 20 euros to the Highway Code (Article 15), all costs incurred by the Lessor for the repair of damage to the vehicle that would not be covered by the insurance and any optional Limitations of liability which the Customer benefits, including, in particular, in addition to the damage itself, the costs of immobilization, the costs expertise, management and files fees, troubleshooting and/or towing costs.
13.2 Terms of payment Except for Prepaid Rate Rentals, the Rental Price and other charges are payable on departure for private customers. For companies in account at the due date of the invoice, at, and at least every 30 days according to invoice intermediary. The rental price for the prepaid rates is due on the day of booking, a readjustment at the end of the rental depending on any additional rent and other costs and damages is possible at least. Any settlement occuring after the due date indicated on the corresponding invoice will give rise, after formal notice to the Customer remained ineffective, to the payment of penalties of delay equal to three times the legal interest rate for the period of the date until the actual payment of the claim, all without prejudice to the right of the Lessor to terminate the Rental Agreement, if applicable, and to demand the immediate return of the rented vehicle. In addition, the Client will automatically be liable for a lump-sum indemnity for recovery costs set at one hundred and fifty (150) euros. For merchants, the amount of this indemnity is increased to four hundred (400) euros (articles L.441-6 l at.8 and D 441-5 Commercial Code). In the event of the termination of the Rental Agreement, the vehicle must be returned by the Customer, at his own expense and risk, to the address indicated by the Lessor. In the event of non-return of the vehicle, the Lessor shall be entitled to take all the necessary measures to obtain its return.
13.3 Guarantees of payment by credit card required for recovery of the vehicle
The Lessor may require the payment of an amount up to 2.5 times the agreed TTC Rent Price ( including all fees charged at the beginning of the rental such as, but not limited to, fees for Optional Liability Limitations and Insurance as deposit, this sum cannot be less than 650 euros. However, for the vehicles of higher category, a deposit of a higher amount may be requested by the Lessor, according to specific conditions communicated to the Customer before the conclusion of the Rental Agreement. The renter may demand the actual payment of the deposit at any time, at the beginning of the rental or later. The Lessor shall, if necessary, return it at the end of the rental without interest and after deduction of any costs, allowances or other sums that may be owed by the Client.
Article 14- PREPAID RENTALS (“PREPAID”)
The Customer may benefit, for some rentals, from advantageous rates by paying the rental price at the time of booking ( “Rental at prepaid rate”) the customer must bring at the time of delivery of the vehicle the credit card or the card of the reservation. For these prepaid rentals, the reservation can be modified before the start of the rental. However, it must no later than 48 hours before the start of the rental, ie before the actual possession of the vehicle. A management fee of 30 euros will be charged for each modification. In return for the tariff advantage granted, the amount of the rental price remains in any cqe acquired by the Lessor in the case of modification of a reservation for a Prepaid Rate Rental. If such a change results in an increase in the rental price, this will be billed to the Customer. The maximum duration of a rental at the prepaid rate, including renewal, is 120 days. In the absence of cancellation, if the Customer does not appear to be maximum duration of a rental at the prepaid rate on the agreed date and at the latest (60) minutes after the time indicated at the time of booking, the price of the rental already paid will remain the property of the Lessor in its entirety. In case of failure to issue guarantees by pre-authorization on the credit card of the driver at the time of taking the vehicle, the lease remains the responsibility of the tenant and no refund will be given.
Article 15 - INFRINGEMENTS OF THE HIGHWAY CODE
The Customer or any Authorized Driver is required to pay any parking fee he is responsible for. He is responsible for all the consequences of traffic violations or other regulations that he commits during the rental period. The owner of the vehicle, the Lessor, is legally bound to pay any fine relating to traffic violations, except to provide the details of the Customer or any Authorized Driver responsible for the said offenses. As a result, and at the request of the authorities, the Lessor is required is required to transmit data concerning the identity of the Customer or any Authorized Driver. The Client shall be liable to the Lessor for management fees per treated offense of 20 euros. This amount will be charged to the credit card left as a guaranteed by the driver. Since the debt takes effect during the rental periods and in the absence of the driver. In addition, if the Lessor is required to pay directly to the place and place of the Customer or Authorized Driver, the Lessor is entitled to charge the Customer the amount of the fine paid and management fees.
Article 16- ELECTRONIC INVOICING
Invoices issued by the Lessor are, in principle, sent to the Customer by electronic means and at the address indicated for this purpose by the Customer. The Customer accepts in this respect to no longer receive a paper invoice. He or she also agrees that the Lessor sends to the e-mail address he or she has indicated for this purpose electronic invoices established in accordance with the applicable legal provisions. The Customer may refuse the transmission of electronic invoices at any time. In this case, the Customer will have to bear the additional cost generated by the transmission on paper as well as the shipping costs of 15 euros. The Customer must do the necessary steps to be able to receive the electronic invoices originally destined for the email address communicated by he or she at the time of reservation. The Customer should not do anything personally to prevent he or she from receiving or downloading the invoices transmitted electronically. The invoice is considered received once it has entered the sphere controlled by the Customer. If an invoice can not be received or downloaded, the Customer must immediately inform the Lessor. In this case, the Lessor sends the Customer a copy of the invoice, identified as a copy. If junk mail or spamming prevent the transmission of the electronic invoices and cannot be quickly fixed, the Lessor is authorized to transmit these invoices in paper format. The Customer then bears the costs related to the transmission of invoices in paper format.
Article 17- COMPUTERIZED PROCESSING OF PERSONAL DATA
The information and personal data relating to the Client and any Authorized Driver collected by the Lessor are necessary for the management of the Rental Agreement and the commercial relations. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations, as well as to allow the Lessor to improve and personalize the services it offers and the information it sends to the Customer. By signing the Rental Agreement, the Customer and any Authorized Driver agreeing that the Lessor and the companies of the JEAN-BAPTISTE group can use their data. In accordance with the Data Protection Act of January 6, 1978, the Customer and any Authorized Driver have the right to oppose, access to rectification and deletion of personal data concerning them. All they have to do is send a letter to that effect to the Lessor, whose details appear in the Rental Agreement.
Article 18- TERMINATION
The Rental Agreement may be terminated unilaterally and, if applicable, without notice, by one of the parties in the event of breach by the other party of all or part of its obligations under the Rental Agreement or these General Conditions of Rental, particularly those mentioned in Article 7 of the GTC. Notwithstanding such termination, the Parties retain the option of claiming damages for the violation of the contractual provisions by the other party. The cancellation must be sent to the other party by registered letter with acknowledgment of receipt. In the event of termination of the Rental Agreement, the vehicle must be returned by the Customer, at its expense and risk, to the address indicated by the Lessor no later than the date indicated in the letter of termination. In the event of non-return of the vehicle on that date, the Lessor shall be entitled to take all necessary measures to obtain its return. If there is no refund on the date at the time indicated in the cancellation letter, the possible Limitations of Liability and Optional Insurance concluded at the beginning of the rental period no longer apply. In respect of the continuous enjoyment of the vehicle and until its effective return, the Customer and any Authorized Driver shall be jointly liable to the Lessor for the payment of an enjoyment allowance the amount of which shall be equal to the Lessor’s public rate for daily rentals such as this one are displayed in the Lessor’s agencies, except in the case where the absence of restitution is not the fault of the Customer or the Authorized Driver.
Article 19- ATTRIBUTION OF JURISDICTION
If the Client has entered into the Rental Agreement as a merchant, any dispute arising from said Rental Agreement will be subject to the exclusive jurisdiction of the Commercial Court of Fort-de-France. If the Client has entered into the rental agreement as a consumer, the competent courts will be those of the place of residence of the defendant.