Terms and Conditions
Last update date: 30/03/2023
PREAMBLE
These General Terms and Conditions of Rental (GTCR) are intended to govern any Rental of a Vehicle by a Hirer from a Renter, made from the Platform, via the mobile application or from one of the agencies making up its network of licensees and in all cases through the IT tools offered by the Brand.
The Rental Offer relating to the Vehicle and published on the platform or on one of the mobile applications as well as the offer made to the customer at the point of sale must be considered as special conditions supplementing the present General Rental Conditions.
ARTICLE 1. DEFINITIONS
"Free2Move Rent Agency": refers to the Free2Move Rent network agency offering to rent the Vehicle described in the Rental Offer, which is the subject of these General Terms and Conditions.
"Customer" means any individual or legal entity entering into a rental contract with the Hirer.
"Account" refers to each Renter's personal interface on the Platform, accessible after entering his/her login and password.
"General Rental Conditions" or "GRC " means the present contract between the Renter and the Hirer governing the Rental of the said Vehicle. The General Rental Conditions are necessarily supplemented by the corresponding Vehicle Rental Offer, as well as the Vehicle Reservation, which must be considered as special conditions supplementing the General Rental Conditions.
"Authorized Driver" means any driver named in the rental contract who is eligible to drive the rented vehicle.
"Contract": means the agreement governing the rental of a Vehicle, consisting of the following elements:en
● The present CGL;
● The Rental offer, ;
● Reservation by the Tenant;
"Renter" means any individual or legal entity, consumer, non-professional or professional, renting the Vehicle described in the Contract.
"Renter" refers to the legal entity offering to rent the Vehicle described in the Offer.
"Brand" refers to the entity granting the Renter the right to market its offer under the Free2Move Rent brand through its Platform and the IT tools made available to the Renter.
"Offer" means a rental proposal made by the Renter in response to a request from the Renter, including the vehicle, pick-up and drop-off locations, rental dates and times, mileage, prices and any options. All offers are subject to the present CGL.
"Party(ies)": means individually or collectively the Landlord and the Tenant.
"Platform" refers to the platform published by PSA Automobiles SA, accessible at https://rent.free2move.com/, the corresponding Mobile Application and the IT solutions deployed in sales outlets.
"Payment Service Provider" or "PSP": HIPAY SAS, 6 place du Colonel Bourgoin 75012 PARIS - FRANCE
"Reservation" means the acceptance of a rental offer by the Tenant.
"Free2Move Rent Network" refers to independent rental agencies licensed under the Free2Move Rent brand.
"User" refers to any individual or legal entity accessing and browsing the Platform.
"Vehicle" means the vehicle whose rental conditions are the subject hereof. The Vehicle is described in the Rental Offer.
ARTICLE 2. CONTRACTUAL DOCUMENTS
The rental of a Vehicle is governed by the Contract, which consists of the following documents:
● The present CGL;
● The Rental Offer ;
● The Reservation made by the Customer
ARTICLE 3. PURPOSE
The purpose of these General Terms and Conditions is to define the conditions under which the Renter rents a Vehicle from the Hirer.
They are completed by the Rental Offer and the reservation made by the customer.
ARTICLE 4. DURATION
4.1 Initial period
The duration of the Lease is specified in the Contract and may not exceed twenty-eight (28) days from the time the Renter takes possession of the Vehicle. In the event of use of the Vehicle exceeding twenty-eight (28) days, several successive Rental Agreements must be concluded with the Renter. In the event that several successive and continuous Contracts are entered into, the Vehicle must always be presented to the Rental Firm by the Hirer between each Contract for an inventory of fixtures.
4.2 Renewal
The Hirer undertakes to inform the Hirer without delay of any event resulting in the impossibility of returning the Vehicle to the agreed place, date and time.
The Hirer wishing to extend the duration of the rental of the Vehicle or being unable to return the Vehicle at the agreed time and/or on the agreed day must, without delay, contact the Hirer so that the Parties can agree on the renewal of the Contract.
If the Vehicle is available for the new period requested, a new Contract (or, in the case of a Contract with a duration of less than twenty-eight (28) days, an amendment) will be concluded between the Parties, in accordance with the conditions in force at the time of signature, and will take effect following payment by the Hirer of the sums corresponding to the new Contract.
If the Vehicle is not available for the new period requested, the Renter undertakes to return the Vehicle to the place, date and time initially agreed. If other vehicles are available, the Renter may make another Reservation.
The Tenant acknowledges that any lack of response from the Renter shall not constitute acceptance of the Tenant's request.
Additional kilometers driven by the Renter under each Lease that has expired must be paid by the Renter, even if a new Lease is created for the same vehicle.
If the Hirer does not return the Vehicle within the time or place stipulated in the Contract, and does not agree an extension with the Hirer, the Hirer will be liable for compensation per day of delay equal to the Recommended Maximum Daily Rate. The Rental Firm may deduct this compensation from the security deposit.
The Hirer acknowledges that failure to return the Vehicle in accordance with its commitments may result in legal proceedings, particularly for theft.
ARTICLE 5. RESERVATION
The User wishing to rent a Vehicle must carry out the following actions:
- Booking on the https://free2move.com/ Platform and corresponding Application:
● Indicate the desired pick-up location ;
● Enter departure and return dates and times ;
● From the list of vehicles available for rental, the User selects the vehicle they wish to rent.
The user must then :
● Enter your contact details ;
● Learn about and, if necessary, choose options and/or equipment ;
● Certify that you meet all the stipulated conditions and agree to them;
● Check all data contained in the Rental Offer
● Confirm your reservation by clicking on the appropriate tab;
● Proceed to the payment of the Reservation.
Once the Reservation has been validated, the Platform immediately sends the Parties confirmation of the Reservation by e-mail to the address provided.
- Reservation at the rental agency :
● Tell the operator where you would like to pick up the Vehicle;
● Indicate departure and return dates and times;
● Receive a quote for different rental offers corresponding to the above criteria;
● Either immediately or after studying the quotation, choose from the various rental offers ;
● Give your contact details to the operator and make any necessary payments;
● Get your booking confirmation by e-mail ;
ARTICLE 6. VEHICLE AND PART DOCUMENTS
Before the effective start of the Rental, the Renter sends the Renter, via his Account on the Platform, a copy of the documents requested in the Rental Offer and in particular :
- Copy of both sides of the Renter's driver's license and proof of identity, both valid, with all numbers and letters visible;
- Any other document requested in the Contract
The Renter undertakes to download fully legible documents as soon as possible and at the latest when taking possession of the Vehicle.
The Hirer certifies that these documents are true, up to date and do not expire during the Booking period and undertakes to inform the Hirer without delay of any change in the validity of the said documents.
The Hirer is hereby informed that the Hirer may cancel the Reservation if the documents requested are not complete or legible at the time set for taking possession of the Vehicle, without such cancellation calling into question the payment of the Reservation or giving the Hirer any right to compensation whatsoever.
ARTICLE 7. VEHICLE DRIVER(S)
7.1 Tenant
Without prejudice to the requirements set out in the Rental Offer relating to the Vehicle, the validity of this Agreement is subject at a minimum to the Renter:
● Hold a valid French driving license:
o obtained more than two (2) years ago in the mini, economy, compact and intermediate categories, as well as on commercial vehicles with a volume of less than 14m3;
o obtained more than five (5) years ago on "elite" vehicle categories, touring and grand touring cars, sedans, luxury categories and large-volume commercial vehicles (over 14m3).
before the day you take possession of the vehicle;
● Be over eighteen (18) years of age in the case of the MDAE category when rented as part of the supply of a replacement vehicle for the Renter's vehicle immobilized in the Renter's workshop, or twenty-one (21) years of age in all other cases;
● To hold a payment card in its name or in the name of the duly represented legal entity;
● Not to have had a personal injury accident for which he/she was at fault, nor to have been convicted of driving under the influence of alcohol or drugs for more than three (3) years;
● Not to have had any claim with aggravating circumstances during the thirty-six (36) months preceding the start of the rental period;
● Not to have had a driving license suspended for six months or more in the five years preceding the start of the rental period.
● Not to have had your driving license revoked
● To provide the requested security deposit.
The same Renter may only rent one vehicle at a time.
7.2 Validity of driver's license
● If the driver's license was issued by a country of the European Economic Area (European Union, Iceland, Liechtenstein, Norway) in the most recent version issued by the Administrations of these countries, the license is valid without additional documentation.
● If the license was issued in a version not supported by the Platform, it cannot be checked from the Platform. The Renter's Customer Service will then carry out this check within 48 hours and notify the Renter of the outcome.
● If the driver's license has been issued by a country outside the European Economic Area, the Renter must check the validity, take a photo of each of the following documents and send them using the dedicated form on the following website:
https://www.free2move.com/fr-FR/support/location-de-voiture/reclamation#5f8037a90dc66c0006c71beb au plus tard quarante-huit (48) heures avant la prise de possession du Véhicule :
o Valid driver's license ;
o An official translation of the driver's license OR a valid international driver's license;
o The page of your passport showing the date of entry into the country, to determine the duration of your stay.
● If the Hirer holds a driver's license issued outside the European Economic Area and has student status, he/she also undertakes to present a valid residence permit to the Hirer no later than the day the vehicle is collected.
● If the Hirer holds a driving licence issued outside the European Economic Area and does not have student status, he/she also undertakes to present a valid residence permit to the Hirer no later than the day he/she picks up the vehicle and to prove that he/she has been in France for less than twelve (12) months.
7.3 Additional conductor
The Hirer may request that one or more additional drivers drive the Vehicle.
Up to three additional drivers can be added free of charge.
Any additional driver must satisfy the conditions imposed on the Hirer concerning the validity of the driver's license and the other conditions mentioned in article 7.1. above.
Any additional driver accepted in writing by the Renter, via the Platform, must present, at the latest on the date of taking possession of the Vehicle, the originals of his/her driver's license and identity document that have been validated by the Renter via the Platform.
7.4. Young driver
All drivers aged between 21 and 25 must pay a surcharge known as the Young Driver surcharge, the amount of which, expressed per rental day, is shown in the schedule of charges appended to these General Terms and Conditions.
7.5 Specificity of unlicensed vehicles
The following categories of renters* are authorized to rent vehicles without a license (e.g. Citroën AMI):
- Drivers aged +16 with a road safety certificate (BSR)
- Licensed drivers over 18 years of age
- Drivers aged over 18 without a driving licence
- Drivers over 18 years of age whose license has been suspended for a specific period In this respect, articles 7.1 and 7.2 do not apply to the Hirer of a vehicle without a license.
ARTICLE 8. VEHICLE
8.1 Taking possession
On the date and at the time of taking possession of the Vehicle provided for in the Reservation, as well as on the date and at the time of its return, an inventory of fixtures is carried out by the Parties or their representative before and after each Rental. These inventories are available via the User's Account. Unless otherwise indicated in the Rental Offer or agreed on site, it is the responsibility of the Renter to carry out the inventory of fixtures in accordance with the instructions available on the Application.
This inventory of fixtures is completed by interior and exterior photographs of the Vehicle. The Renter is requested to respect the minimum number of photographs, clear and showing in detail each interior and exterior part of the Vehicle. These photographs must be taken and sent via the Application.
Any damage to an area of the Vehicle for which the inspection photo is blurred, missing or too far away will be charged to the Renter.
If a Renter does not carry out the inventory of fixtures on taking possession (except in cases of force majeure), the Renter accepts that the inventory of fixtures taken into account will be the one drawn up when the vehicle is returned at the end of its last rental or use, or the one carried out prior to the customer's rental by the Hirer or one of the Hirer's agents. In the latter case, the Hirer will be invoiced according to the scale shown in the appendix.
The Parties agree that photographs taken and transmitted under the aforementioned conditions via the Application shall constitute proof of the condition of the Vehicle at the time it is handed over by the Hirer to the Renter. This excludes any photographs that are blurred, badly framed or that do not provide irrefutable proof that can be disputed by both parties.
8.2. Operation and maintenance
The Hirer warrants that only holders of driving licenses sent or presented to the Hirer and approved by the Hirer will drive the Vehicle and make reasonable use of it, in compliance with the laws and regulations in force and with these CGL.
The renter has custody of the rented vehicle.
The Hirer or any other authorized driver must not use the rented Vehicle:
● off carriageways,
● for the transport of persons or goods for consideration
● for learning to drive,
● for trials, competitions or motor racing,
● by any person under the influence of alcohol (blood alcohol level above the legal limit) or any prohibited substance (drugs, medication, etc.),
● to carry a load or number of passengers in excess of the manufacturer's specifications,
● for the transport of any flammable, explosive or radioactive material (oils, mineral spirits, etc.) that could damage the Vehicle or pose an abnormal risk to its occupants and/or third parties,
● to push or tow another Vehicle,
● in countries not listed on the vehicle's green card,
● for any sublease,
● in areas closed to the public (airports, military zones, etc.),
● with the intention of committing an offence.
● In general, the Hirer and any authorized driver are required to comply with the provisions of the Highway Code and to refrain from any reckless driving.
● The Hirer and any authorized driver also undertake to keep the Vehicle keys in their possession, to use the anti-theft device and to lock the Vehicle, keeping the vehicle registration documents with them.
The Hirer may not transport more people than shown on the vehicle registration document.
Failure to comply with one or more of these obligations will automatically transfer to the Hirer full responsibility for any damage that may occur to the Vehicle or that of a third party.
The Tenant acknowledges that it is strictly forbidden to smoke inside the Vehicle or to transport animals.
Only the Hirer and any additional drivers approved in accordance with article 7.3. may drive the Vehicle for the duration of the Rental Agreement. Failure to comply with this obligation will automatically transfer full responsibility for any damage to the Renter.
The Hirer and any additional drivers approved in accordance with article 7.3 undertake not to sublet the Vehicle, to keep the Vehicle keys with him at all times and to use all locking and anti-theft devices fitted to the Vehicle.
The Hirer and any additional drivers approved in accordance with article 7.3 acknowledge that the insurance taken out only covers the use of the Vehicle in the countries covered by the Insurance and that driving the Vehicle in a country not included in this list is prohibited and excludes the insurance cover.
The Vehicle circulation area is limited to French territory and the following countries: Austria, Andorra, Belgium, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Spain, Estonia, France, Finland, United Kingdom of Great Britain and Northern Ireland, Greece, Hungary, Croatia, Italy, Ireland, Iceland, Luxembourg, Lithuania, Latvia, Malta, Morocco, Moldavia, Norway, Netherlands, Portugal, Poland, Romania, Sweden, Serbia, Slovak Republic, Slovenia, and Ukraine. Should the green card of the vehicle supplied not indicate one of the countries listed above as one of the countries covered by the policy covered by the said green card, the latter shall prevail.
The Renter undertakes to use the Vehicle in the same way as his own vehicle and to carry out any necessary maintenance during the rental period, in particular by regularly checking the levels of all liquids required for the operation of the Vehicle.
In the event that the Vehicle requires repair during the rental period, the Hirer undertakes to inform the Rental Firm without delay. The Hirer acknowledges that any repairs carried out without the prior written agreement of the Hirer will be the sole responsibility of the Hirer, as will any resulting defects.
THE LESSOR RECOMMENDS THAT THE CUSTOMER AND ANY AUTHORIZED DRIVER PAY CLOSE ATTENTION TO THE SIZE OR GAUGE OF THE VEHICLE (ESPECIALLY COMMERCIAL VEHICLES). ANY MISJUDGMENT OF THE VEHICLE'S SIZE IN RELATION TO THE ROAD INFRASTRUCTURE, RESULTING IN THE LOSS OF OR DAMAGE TO THE VEHICLE, WILL RESULT IN THE EXCLUSION OF SOME OF THE OPTIONAL INSURANCE COVERAGES SET OUT IN ARTICLE 10.2.3. EVEN IF THE CUSTOMER HAS SUBSCRIBED TO ONE OR MORE OF THE OPTIONAL INSURANCE COVERAGES PROVIDED FOR IN ARTICLE 10.2.3, ANY USE OF THE VEHICLE CONTRARY TO THIS ARTICLE RENDERS THE CUSTOMER OR ANY AUTHORIZED DRIVER LIABLE FOR DIRECT AND INDIRECT DAMAGES, COSTS AND LEGAL FEES RESULTING THEREFROM.
8.3. Return
The Hirer and any additional drivers approved in accordance with article 7.3 undertake to personally return the Vehicle no later than the date, time and place agreed in the Reservation. In the absence of the Hirer's prior written agreement, the return of the Vehicle by a person not mentioned in the CGL will result in the payment by the Hirer of a handling fee, the amount of which is indicated in the schedule of charges in the CGL.
Upon return of the Vehicle, and in the absence of any indication to the contrary in the Reservation or emails received from the Platform, the Renter shall carry out the inventory of fixtures of the Vehicle in an identical manner to the inventory of fixtures for taking possession stipulated in article 7.1. above.
If a Tenant does not carry out the return inventory of fixtures (except in cases of force majeure), the Tenant accepts that the inventory of fixtures carried out by the Renter or a representative of the Renter may be relied upon. In this case, the Hirer will be invoiced according to the schedule in the appendix.
When the Renter carries out the inventory of fixtures, it is available on the Account no later than forty-eight hours after the date of the inventory.
(48) hours after the Vehicle has been returned.
The Hirer undertakes to return the Vehicle in the condition observed at the time of taking possession of the Vehicle, accompanied by all its accessories (in particular safety accessories), on-board documents, manuals and instruction manuals, which it will replace at its own expense in the event of destruction, loss or theft, in addition to the payment of a handling fee which will be deducted from its bank account and the amount of which is indicated in the schedule of fees appended to the CGL.
The Hirer acknowledges that the Vehicle must be returned with the same quantity of fuel or electrical charge as shown in the inventory of fixtures on taking possession, and with the same level of cleanliness. If this is not the case, the Hirer reserves the right to charge the Hirer a lump sum corresponding to the cost of restoring the Vehicle to its original condition, refueling and a handling fee, all in accordance with the schedule of charges available in the appendix to the CGL.
8.4. Support
The Vehicle benefits from assistance in the following cases:
- Mechanical, electrical or electronic failure
- Battery failure
- Accident
- Fuel error
- Loss of keys
- Keys locked in the vehicle
- Punctures
- Fuel failure
- Attempted theft, theft, vandalism and fire
- Natural disaster immobilizing the vehicle
- Key theft
In such cases, the Hirer must call the following assistance number: +33 1 76 38 07 84 Assistance will organize and pay for on-site breakdown assistance or towing of the vehicle:
- If the event occurs within a 50 km radius of the rental agency of departure: to the agency of departure.
- If the event occurs more than 50 km from the departure agency: to the nearest authorized network repairer.
Assistance will organize the continuation of the journey of the Renter and his passengers:
- If the event occurs within a 50 km radius of the rental agency of departure: return by cab to the agency of departure in order to provide the Renter with another rental vehicle.
- If the event occurs more than 50 km from the departure agency :
o Provision of a replacement vehicle of equivalent category
o If a rental vehicle is unavailable on site or immediately: provision of a mobility solution to reach the rental agency or temporary destination:
▪ Taxi within the 100 km limit
▪ Train or plane beyond
▪ And/or one night in a hotel to wait for the rental agency to open The above services are not cumulative.
8.5 Special features when renting a vehicle 24/7
Some vehicles can be rented, picked up and returned 24 hours a day, 7 days a week, without the Renter needing to contact a Renter agent. These vehicles are specially marked on the Platform.
In order to rent one of these vehicles, the Renter must complete the following steps on the Platform:
- Recording of a photo of the Tenant's identity document
- Register a photo of your driver's license
- Recording a personal photograph (selfie)
- Registration of bank details; only the cardholder can make rentals
These documents are checked by the Rental Firm within an average of 2 hours. Once this verification has been completed, the Renter is informed that he/she can use the 24/7 rental service. The parts are then saved in the Renter's Account, so that the Renter does not have to save them for each rental.
The Tenant must then make a reservation for each rental.
By registering his/her driving license, the Renter certifies that it is valid. In the event of withdrawal or suspension of his/her driving license, the Renter agrees not to rent a vehicle.
Additional drivers can be arranged for a 24/7 rental, provided the following conditions are met:
- The additional driver(s) must take the same steps on the platform as those mentioned above for the main driver and receive notification that they can use the 24/7 rental service.
- When booking, the main driver must inform the call center by e-mail of the identity of the additional drivers.
If a rental is booked 72 hours before the rental start date and time, the deposit is blocked using the Tenant's bank card. If the blocking of the security deposit is refused by the Tenant's bank, an e-mail is sent to inform the Tenant of this and to invite him/her to take the necessary steps with his/her bank or to register another bank card.
Once the security deposit has been paid, the Renter is invited to download their virtual key.
At the start date and time of the reserved rental, the Renter goes to the Owner's parking lot and can unlock the vehicle using his smartphone. The inventory of fixtures is carried out on the smartphone. The vehicle keys are inside.
At the end of the rental period, the Renter must return the vehicle on the date and time agreed and at the location from which it was collected at the beginning of the rental period. He must complete the return inventory of fixtures on his smartphone. The Renter must also leave the keys inside the vehicle and lock it with his smartphone. In the event of difficulty in locking the vehicle, the Renter must call the Renter's customer service department.
In the event of the vehicle being returned to a location other than that from which it was initially collected, the Hirer shall owe the Rental Firm a penalty of 1,500 euros, without prejudice to all other rights and actions of the Rental Firm.
In the event that the place where the vehicle was collected is not accessible for its return, the Renter must call the customer relations department for instructions.
The Renter is informed that 24/7 vehicles are geo-located by the Renter and that, if necessary, the Renter can remotely activate or deactivate the immobilizer and lock or unlock the doors.
ARTICLE 9. COMPULSORY CIVIL LIABILITY INSURANCE (ARTICLE L.211-1 OF THE INSURANCE CODE)
All vehicles rented by the Hirer are covered by third-party liability insurance in accordance with current regulations.
Under article R.211-5 of the French Insurance Code, "the obligation to insure applies to compensation for bodily injury or material damage resulting from traffic:
1. accidents, fires or explosions caused by the vehicle, the accessories and products used in its operation, and the objects and substances it carries;
2. the fall of its accessories, objects, substances or products".
Subject to compliance with their obligations under these CGL, the Hirer and any authorized Driver are therefore covered against the financial consequences of their civil liability for bodily injury or property damage caused to third parties (including vehicle passengers) and in which the rented vehicle is involved.
The Tenant or any Authorized Driver, in the position of driver at the time of the accident, is not covered by this warranty. Damage to the private portions of buildings where the driver of the vehicle is a tenant or occupant is not covered. Damage to the vehicle is also not covered by compulsory third-party liability insurance.
Compulsory third-party liability insurance does not apply:
- for damage caused by the Renter or any Authorized Driver to their employees or agents using the rented vehicle,
- for damage suffered by persons transported when their transport is not carried out in sufficiently safe conditions as described in article A.211-3 of the French Insurance Code,
- if, at the time of the claim, the Tenant's driving license or that of any Authorized Driver, if driving, is not valid or has been withdrawn,
- in general, events excluded from coverage under articles R.211-10 and R.211-11 of the French Insurance Code,
- in the event of wilful misconduct or fraud within the meaning of Article L.113-1 of the French Insurance Code,
- if the rented vehicle is used for trials, competitions or motor races,
- in the event of attempted suicide or suicide,
- in the event of attempted fraud,
- in the event of intentional misrepresentation in the contact details given on the Rental Contract or the accident report.
- for the carriage of goods for hire or reward,
- for the transport of people for hire or reward,
- In the event of non-compliance with the obligations resulting from these GTC, the Hirer or any authorized Driver is required to reimburse the Hirer for any sum or indemnity that the Hirer may have paid to a third party on behalf of the Hirer in the event of death or bodily injury and/or property damage suffered by the third party.
ARTICLE 10 - VEHICLE LOSS AND DAMAGE - OPTIONAL INSURANCE
10.1 Principle of responsibility of the Customer and any Authorized Driver
THE CUSTOMER AND ANY AUTHORIZED DRIVER ARE LIABLE, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1732 OF THE FRENCH CIVIL CODE, FOR ANY LOSS OR DAMAGE CAUSED TO THE VEHICLE AT THE TIME OF RENTAL.
DURING THE RENTAL PERIOD. The Customer's or any Authorized Driver's liability may include the amount of repairs assessed by an expert or invoiced by the garage, the market value of the vehicle, compensation for immobilization of the vehicle and all other ancillary costs related to the loss or damage caused to the rented vehicle during the rental period (such as towing costs, vehicle storage costs, expert fees, file management costs, etc.), as well as cleaning costs made necessary by excessive dirtiness of the vehicle.
The claim invoice will include repair costs or costs assessed by the expert's report, the automobile expert's fees, immobilization costs, towing costs, impound fees and the administrative costs of processing the claim.
The liability of the Renter and any Authorized Driver is, however, limited under the conditions set out below.
In addition, the lessee has the option of taking out optional insurance cover as indicated below.
10.2 Limitation of liability
The application of the Limitations of Liability is subject to the Customer's compliance with the provisions of these GTC.
10.2.1 Limitation of liability in the event of theft, accident and fire
In the event of theft, accident or fire, the liability of the Hirer or any Authorized Driver for material damage to the vehicle and its accessories and equipment is limited to the sum indicated in the appendix to these CGL.
Glass breakage" and "tire" damage are not covered by this limitation of liability.
THE AMOUNT OF THE APPLICABLE DEDUCTIBLE WILL BE INVOICED BY THE LESSOR FOR EACH ITEM OF DAMAGE IF THEY ARE UNRELATED.
10.2.2 Causes of exclusion from the application of the Limitations of Liability
These Limitations of Liability do not apply:
- in the event of wilful misconduct or fraud within the meaning of Article L.113-1 of the French Insurance Code,
- in the event of negligence or gross negligence on the part of the Customer or Authorized Driver (e.g. keys left in the vehicle),
- in the event of violation of the Highway Code,
- in the event of use of the rented vehicle contrary to the stipulations of article 8.2 of these CGL, namely in particular the use :
- off carriageways,
- for the transport of goods for consideration, unless authorized in writing by the Hirer,
- for transporting people for hire or reward,
- for driving lessons, test drives, competitions or races,
- by any person under the influence of alcohol (blood alcohol level above the legal limit) or any prohibited substance (drugs, medication, etc.),
- to carry a load or number of passengers in excess of the manufacturer's specifications,
- for transporting any flammable, explosive or radioactive materials (oils, mineral spirits, etc.) that could damage the vehicle or pose an abnormal risk to its occupants and/or third parties,
- to push or tow another vehicle,
- in countries prohibited by the Rental Contract,
- for all sublets,
- for use in areas closed to the public (airports, military zones, etc.),
- with the intention of committing an offence ;
- in the event of attempted suicide or suicide,
- driving with an expired, suspended or withdrawn driver's license,
- in the event of failure to declare the circumstances of the accident or fire, or failure to declare the circumstances of the theft
- in the event of a non-conforming Declaration of the circumstances of the accident or fire or a non-conforming Declaration of the circumstances of the theft,
- in the event of attempted fraud,
- in the event of deliberate misrepresentation in the rental contract, in the Declaration of the circumstances of the accident, fire or theft, or in the joint insurance report drawn up after an accident,
- for damage not considered to be fire (i.e. combustion with flames), such as cigarette burns, for damage to the Customer's or Authorized Driver's belongings or goods carried in the vehicle,
- for interior damage,
- for damage resulting from the use of non-compliant fuel
- in the event of non-payment of the rental price and accessories,
- for tire damage,
- for damage to glass components,
- for damage caused to the upper parts of the vehicle, upper parts are defined as bodywork components located above the upper limit of the windshield, for damage caused to the lower parts of the vehicle for any reason whatsoever, lower parts are defined as components located under the chassis.
- in the event of theft of the vehicle by employees of the Customer or any Authorized Driver, members of their families (cf. article 311-12 of the French Penal Code) or persons living under their roof,
- theft of the Customer's or Authorized Driver's belongings and goods carried in the vehicle.
IN VIEW OF THESE EXCLUSIONS, IT IS ONCE AGAIN REMINDED THAT THE RENTAL COMPANY RECOMMENDS THE CUSTOMER AND ANY AUTHORIZED DRIVER TO PAY ATTENTION TO THE
THE SIZE OR GAUGE OF THE VEHICLE (ESPECIALLY COMMERCIAL VEHICLES), ANY MISJUDGMENT OF GAUGE IN RELATION TO ROAD INFRASTRUCTURE CAUSING THE LOSS OF OR DAMAGE TO THE VEHICLE, RESULTING IN THE EXCLUSION OF ANY LIMITATIONS OF LIABILITY PROVIDED FOR ABOVE.
10.2.3 OPTIONAL INSURANCE BENEFITS
The lessee has the option of taking out :
- full redemption of deductible in the event of damage, fire or theft
- to a VP warranty package called Pack Premium VP, which includes :
- Full redemption of damage, fire and theft deductibles
- Glass breakage coverage
- Tire warranty
- Personal effects coverage
- Driver protection
- A pack of VU warranties called Pack Premium VU including :
- Full redemption of damage, fire and theft deductibles
- Glass breakage coverage
- Tire warranty
- Cargo coverage
- High parts warranty
- The driver protection guarantee These guarantees are described below
10.2.3.1 Definitions
Deductible: This is the portion of the damage to be borne by the insured.
Accident: Any material damage sustained by the vehicle rented by the Insured as a result of a collision with an identified third party, occurring during the coverage period.
Theft: Total disappearance of the vehicle following a break-in or an act of violence committed against the Insured, or vehicle stolen and recovered with partial damage.
Fire: Combustion with flames (even from spontaneous combustion).
Negligence: Behavior that does not meet the standards expected of a reasonably prudent person in similar circumstances.
Insured vehicle: Private Passenger Vehicles (PPV) and Light Commercial Vehicles (LCV) of less than 3.5 T GVW, covered by a short-term rental contract between the lessee and the lessor.
Identified third party : Any person other than the insured whose identity is known and with whom a report has been completed.
The level of protection linked to the various optional coverages that the lessee can subscribe to are summarized below:
10.2.3.2 Description of warranties
TOTAL DEDUCTIBLE BUY-BACK GUARANTEE IN THE EVENT OF DAMAGE, FIRE OR THEFT
The Total Deductible Redemption guarantee is designed to provide the renter with total cancellation of the Deductible in the event of :
● Damage to the leased vehicle resulting from an accident, whether or not the lessee is at fault, with or without an identified third party, subject to the conditions and exclusions defined below.
● Acts of vandalism, subject to the conditions and exclusions defined below.
● Fire or theft of the rented vehicle, subject to the conditions and exclusions defined below.
This warranty does not cover :
● Loss, theft or damage caused to objects or goods (Luggage or merchandise) which are deposited, kept or transported in or on the Insured Vehicle by the Hirer or by a Passenger (cover included in an optional pack);
● Glass breakage (included in an optional package) ;
● Damage to tires (coverage included in an optional package) ;
● Damage to the upper parts of the vehicle (coverage included in an optional package) ;
● Damage, including fire and vandalism, which is caused: o By intentional acts of the driver ;
o By an explosion or fire occurring in (or against) the Vehicle due to the transport of flammable, explosive or radioactive materials (excluding the transport of alcohol bottles, mineral oil or gas refills);
o Through negligence on the part of the Hirer or his or her Passengers, in particular through the use of cigarettes, use of the vehicle by an unauthorized person, misfuelling, etc... ;
o By the direct or indirect effects of explosion, heat release or atomic irradiation,
o War, civil or foreign, or terrorist attack;
o By a natural disaster, the effects of wind, due to storms, hurricanes and cyclones;
o During sporting events, races, competitions (or trials);
o Lost or stolen keys;
o By the driver who, at the time of the claim, was in a manifest state of drunkenness or under the influence of alcohol as defined in Article L234-1 of the Highway Code, including when refusing to submit to checks by the competent authorities (as provided for in Article L1 of the Highway Code), or under the influence of narcotics, barbiturates, non-medically prescribed tranquilizers, stimulants, anabolics or hallucinogens, unless the Claim is unrelated to these states;
o By confiscation, removal or requisition of the vehicle by the police authorities;
● Theft caused by the renter's negligence, in particular: leaving the keys in the vehicle unattended, not locking the vehicle when parked, etc...
● Theft or attempted theft committed by an employee of the tenant, a member of the tenant's family or any person usually living in the tenant's household, or with their complicity,
● Damage or theft caused by the driver of the insured vehicle who cannot prove that he/she is of the required age and holds the valid driving license required by regulations and the general terms and conditions of the rental contract to drive the vehicle.
● Bodily injury and illness ;
● Costs and expenses reimbursed by the tenant's employer or insurer ;
● Any administrative fees for processing the file.
More generally, the guarantee is not acquired if, at the time of the claim, the Civil Liability guarantee and the limitation of liability in the event of Damage, Theft or Fire provided for above are not acquired by the renter in accordance with the exclusions provided for in the Rental Contract. have not been extended to the lessee in accordance with the exclusions stipulated in the Rental Contract.
Limits of coverage: Reimbursement by the Insurer is limited to the amount of the deductible shown in the appendix to these General Rental Conditions.
GLASS BREAKAGE COVERAGE
Glass Breakage covers any damage caused to windows or headlights in the normal course of use of the insured Vehicle during the rental period.
In the event of a claim, the insurer will pay the amount of damage caused by glass breakage, less the deductible shown in the appendix to these general terms and conditions.
Guaranteed elements: windshield, rear window, side windows, mirrors, headlight lenses, rear lights.
Not included: panoramic roof.
The glass breakage warranty does not cover :
● damage resulting from an intentional act by the driver
● damage resulting from negligence on the part of the lessee, particularly in the event of use of the Vehicle not in accordance with the rental agreement;
● damage resulting from violations of the Highway Code;
● damage resulting from driving under the influence of alcohol as defined in Article L234-1 of the Highway Code, including when refusing to submit to checks by the competent authorities (as provided for in Article L1 of the Highway Code), or under the influence of narcotics, barbiturates, non-medically prescribed tranquilizers, stimulants, anabolics or hallucinogens, unless the Loss is unrelated to these conditions;
● damage resulting from an explosion or fire occurring in (or against) the Vehicle due to the transport of flammable, explosive or radioactive materials (excluding the transport of alcohol bottles, mineral spirits or gas refills);
● damage resulting from the direct or indirect effects of explosion, heat release or atomic irradiation
● damage resulting from civil or foreign war or terrorist attack,
● damage resulting from a natural disaster or the effects of wind, due to storms, hurricanes and cyclones ;
● damage resulting from sporting events, races, competitions (or their trials);
● any administrative costs incurred in processing the file.
Franchise
The deductible is a portion of the damage which remains payable by the lessee. The deductible is always deducted from the amount of compensation resulting from the application of the provisions of the Insurance Contract.
In the event of a claim, the lessee retains a share of the damage up to a maximum of €50 (fifty euros).
TIRE WARRANTY
Tires cover any damage caused to tires in the normal course of use of the insured Vehicle during the rental period.
In the event of a claim, the insurer will pay the amount of tire-related damage invoiced to the lessee, up to a maximum of €150 per claim.
The Pneumatic warranty does not cover :
● damage resulting from an intentional act by the driver
● damage resulting from negligence on the part of the lessee, particularly in the event of use of the Vehicle not in accordance with the rental agreement;
● damage resulting from violations of the Highway Code;
● damage resulting from driving under the influence of alcohol as defined in Article L234-1 of the Highway Code, including when refusing to submit to checks by the competent authorities (as provided for in Article L1 of the Highway Code), or under the influence of narcotics, barbiturates, non-medically prescribed tranquilizers, stimulants, anabolics or hallucinogens, unless the Loss is unrelated to these conditions;
● damage resulting from an explosion or fire occurring in (or against) the Vehicle due to the transport of flammable, explosive or radioactive materials (excluding the transport of alcohol bottles, mineral oil or gas refills);
● damage resulting from the direct or indirect effects of explosion, heat release or atomic irradiation
● damage resulting from civil or foreign war or terrorist attack,
● damage resulting from a natural disaster or the effects of wind, due to storms, hurricanes and cyclones ;
● damage resulting from sporting events, races, competitions (or their trials);
● any administrative costs incurred in processing the file.
Limits of cover: The Insurer's reimbursement is limited to 150 euros per claim .
PERSONAL EFFECTS GUARANTEE
The purpose of Personal Effects cover is to provide compensation for pecuniary loss resulting from damage to or loss of property transported in the insured vehicle.
The hirer is covered against any material damage to the personal effects transported, when this is the direct consequence of one of the following events:
1 Fire: Fire or explosion affecting the load of the insured vehicle;
2 Characteristic accidents :
- Collision of the insured vehicle with another vehicle or with a moving or stationary object, it being understood that the impact resulting from the fall of an object following simple undocking does not constitute a collision and is not covered;
- Fall of fixed or moving objects on the designated vehicle;
- Fall of the designated vehicle into ditches, ravines, watercourses or estuaries;
- Rollover of the insured vehicle
3 Flight: Terms and conditions :
- The guarantee is only valid if the goods are placed in the locked trunk and are not visible from outside the rented vehicle.
- The insurance covers damage to and loss of goods transported on board the vehicle under the circumstances and conditions defined below:
- At any time of the day or night, coverage is provided when the theft is the result of violence against the driver, or when the theft is committed in a private or public garage, if the theft is committed by breaking into the garage and the designated vehicle.
In the above cases, claims are settled subject to the deductible set out below.
- Ifthe vehicle is parked for any length of time, cover is provided if the following preventive measures are taken: anti-theft device fitted if the vehicle is equipped with one, windows fully up, doors, trunk and other access points duly locked and keys removed by the driver of the vehicle. In this case, claims are settled as follows:
● If the theft occurs between 6 a.m. and 10 p.m., the following deductible applies
● If the theft occurs between 10 p.m. and 6 a.m., claims are settled after deduction of a deductible of 20% of the amount of the loss, subject to the minimum deductible set out below.
Not covered:
- Damage and loss due to the direct or indirect effects of radioactivity and radiation caused by the artificial acceleration of particles;
- Fines, damages and losses resulting from: confiscation, sequestration, requisition, seizure, smuggling, prohibited or clandestine trade;
- Damage and loss caused by the inherent vice of the goods, sanitary or disinfection measures, quarantine ;
- Damage caused by natural disasters or the effects of wind due to storms, hurricanes and cyclones;
- Material damage and loss to goods transported during loading and unloading operations;
- Damage and loss resulting from the wilful misconduct of the lessee or his accomplices;
- Damage and loss due to wetting by rain, snow or hail, when affecting goods loaded or transported on an open vehicle without the protection of an appropriately sized waterproof tarpaulin;
- Damage and loss suffered by dangerous goods (explosive, inflammable, toxic, etc.) when the various operations concerning their transport are not carried out in accordance with the applicable laws and regulations;
- Damage caused by the same dangerous goods to other goods transported when the lessee has not complied with all the obligations incumbent upon him under the same laws and regulations;
- Damage and loss occurring on board the designated vehicle when the driver does not hold a valid and appropriate driver's license;
- Damage and loss resulting from: foreign war, civil war, riots or civil commotion, strikes or lockouts;
- Damage and loss due to temperature, humidity or dryness of the ambient air;
- Warehousing, accommodation and, more generally, costs of any kind that are not directly and necessarily related to the repair or restoration of property damaged as a result of a risk covered by this policy;
- Immaterial damage of any kind which is not compensation for material damage or loss suffered by the goods transported by the Affiliate;
- Aesthetic damage (scratches, chips, etc.) that does not interfere with the normal operation of the item;
- Faults and malfunctions ;
- Damage caused when, at the time of the Loss, the driver was in a manifest state of drunkenness or under the influence of alcohol as defined in Article L234-1 of the Highway Code, including when refusing to submit to checks by the competent authorities (as provided for in Article L1 of the Highway Code), or under the influence of narcotics, barbiturates, non-medically prescribed tranquilizers, stimulants, anabolics or hallucinogens, unless the Loss is unrelated to these states;
- Damage resulting from the use of the vehicle in violation of the terms of the Rental Contract;
- Theft of goods without breaking into the vehicle in which they are located, unless the theft is the result of an accident;
- Theft of goods transported on convertible vehicles, on open platforms, whether covered or not, or inside trailers;
- Damage resulting from faulty packaging.
- Any administrative costs incurred in processing the file.
Goods excluded from cover - Under no circumstances does this contract cover the following goods:
- Goods, equipment and tools transported on a professional basis in the case of the Premium VP package ;
- Goods transported for consideration in the case of the Premium VP package ;
- Cash, banknotes; payment and prepaid cards, securities, coupons and securities of all kinds; postage and revenue stamps;
- Jewelry, precious metals, pearls, precious stones, precious metal objects; precious, art and collectible objects; furs;
- Cell phones ;
- Contraband or illegal trade ;
- Tobacco and alcohol in all forms;
- Live animals ;
- Temperature-controlled goods ;
- Perishable foodstuffs and products of all kinds;
- Goods with a sell-by or use-by date ;
- Medical and pharmaceutical products ;
- Transport of blood or organs ;
- Professional modifications to the Insured Vehicle ;
- Laptops in the event of theft or attempted theft, provided they were not stored in a locked trunk and/or were visible from outside the vehicle;
- Goods contained in roof boxes and vehicles towed by the rental vehicle
Warranty limits
The compensation payable by the Insurer for damage or theft covered by the policy is calculated on the basis of the actual value of the property on the date of the Loss, without exceeding the following coverage limits:
- For passenger vehicles: €5,000 inc. tax (five thousand euros)
- For commercial vehicles: €15,000 inc. tax (fifteen thousand one hundred euros)
Franchise
The deductible is a portion of the damage which remains payable by the lessee. The deductible is always deducted from the amount of compensation resulting from the application of the provisions of the Insurance Contract.
In the event of a claim, the lessee is liable for a share of the damage up to a maximum of €150 (one hundred and fifty euros) and, in the event of theft between 10 p.m. and 6 a.m., 20% of the loss, with a minimum of €150.
The deductible automatically applies to all elements of the claim submitted to the Insurer.
The deductible is in any case enforceable by the Insurer against any beneficiary of the indemnity.
Specific obligations of the Tenant in the event of a claim
In addition to the usual declaratory documents defined below, the following documents must be provided by the Affiliate for payment of the insurance indemnity:
- Invoice(s) for damaged goods;
- a detailed, quantified statement of damage or loss ;
- any other documents which the Insurer may reasonably require to be produced in order to properly assess the validity of the coverage and the validity and amount of the claim.
Claim settlement
The insurance indemnity is limited to the replacement value as new, reduced by 20% (twenty per cent) per annum, applicable to any year commenced up to a maximum of 60% (sixty per cent), and by the deductible fixed above.
If the goods cannot be repaired or replaced, compensation is calculated on the basis of the appraised value on the day of the loss, less the contractual deductible.
If all or part of the lost or stolen property is found, the Affiliate must notify the Manager by registered letter, fax or e-mail as soon as it is aware of the loss or theft.
If these items are found before the insurance indemnity has been paid, they must be returned to their owner, and the Insurer is only liable, within the limits of its coverage, for any damage to them.
If the goods are found after the indemnity has been paid, they are returned to their owner if he reimburses the Insurer for the indemnity received. Failing full reimbursement, the Insurer may opt, within one month, either to surrender the goods to the Insurer, or to return them to their owner without reimbursement of the indemnity.
In all cases where goods relinquished to the Insurer are subsequently sold, the net proceeds of the sale - after deduction of all costs - are deducted from the total amount of damage covered; this determines the "final amount of the claim".
FREIGHT GUARANTEE
The purpose of Transported Goods cover is to provide compensation for pecuniary loss resulting from damage to or loss of goods transported by means of the insured vehicle.
The hirer is covered against any material damage to the equipment transported, when this is the direct consequence of one of the following events:
1 Fire: Fire or explosion affecting the load of the insured vehicle;
2 Characteristic accidents :
- Collision of the insured vehicle with another vehicle or with a moving or stationary object, it being understood that the impact resulting from the fall of an object following simple undocking does not constitute a collision and is not covered;
- Fall of fixed or moving objects on the designated vehicle;
- Fall of the designated vehicle into ditches, ravines, watercourses or estuaries;
- Rollover of the insured vehicle
3 Flight: Terms and conditions :
● Theft coverage is subject to the exclusive use of commercial vehicles whose walls, doors and roof are made of hard materials.
● Coverage only applies if goods are placed in the dedicated locked loading space.
● The insurance covers damage to and loss of transported goods that occur on board the vehicle under the circumstances and conditions defined below:
- At any time of the day or night, coverage is provided when the theft is the result of violence against the driver, or when the theft is committed in a private or public garage, if the theft is committed by breaking into the garage and the designated vehicle.
In the above cases, claims are settled subject to the deductible set out below.
- If the vehicle is parked for any length of time, cover is provided if the following preventive measures are taken: anti-theft device fitted if the vehicle is equipped with one, windows fully up, doors, trunk and other access points duly locked and keys removed by the driver. In this case, claims are settled as follows:
● If the theft occurs between 6 a.m. and 10 p.m., the following deductible applies
● If the theft occurs between 10 p.m. and 6 a.m., claims are settled after deduction of a deductible of 20% of the amount of the loss, subject to the minimum deductible set out below.
Not covered:
- Damage and loss due to the direct or indirect effects of radioactivity and radiation caused by the artificial acceleration of particles;
- Fines, damages and losses resulting from: confiscation, sequestration, requisition, seizure, smuggling, prohibited or clandestine trade;
- Damage and loss caused by the inherent vice of the goods, sanitary or disinfection measures, quarantine ;
- Damage caused by natural disasters or the effects of wind due to storms, hurricanes and cyclones;
- Material damage and loss to goods transported during loading and unloading operations;
- Damage and loss resulting from the wilful misconduct of the lessee or his accomplices;
- Damage and loss due to wetting by rain, snow or hail, when affecting goods loaded or transported on an open vehicle without the protection of an appropriately sized waterproof tarpaulin;
- Damage and loss suffered by dangerous goods (explosive, inflammable, toxic, etc.) when the various operations concerning their transport are not carried out in accordance with the applicable laws and regulations;
- Damage caused by the same dangerous goods to other goods transported when the lessee has not complied with all the obligations incumbent upon him under the same laws and regulations;
- Damage and loss occurring on board the designated vehicle when the driver does not hold a valid and appropriate driver's license;
- Damage and loss resulting from: foreign war, civil war, riots or civil commotion, strikes or lockouts;
- Damage and loss due to temperature, humidity or dryness of the ambient air;
- Warehousing, accommodation and, more generally, costs of any kind that are not directly and necessarily related to the repair or restoration of property damaged as a result of a risk covered by this policy;
- Immaterial damage of any kind which is not compensation for material damage or loss suffered by the goods transported by the Affiliate;
- Aesthetic damage (scratches, chips, etc.) that does not interfere with the normal operation of the item;
- Faults and malfunctions ;
- Damage caused when, at the time of the Loss, the driver was in a manifest state of drunkenness or under the influence of alcohol as defined in Article L234-1 of the Highway Code, including when refusing to submit to checks by the competent authorities (as provided for in Article L1 of the Highway Code), or under the influence of narcotics, barbiturates, non-medically prescribed tranquilizers, stimulants, anabolics or hallucinogens, unless the Loss is unrelated to these states;
- Damage resulting from the use of the vehicle in violation of the terms of the Rental Contract;
- Theft of goods without breaking into the vehicle in which they are located, unless the theft is the result of an accident;
- Theft of goods transported on convertible vehicles, on open platforms, whether covered or not, or inside trailers;
- Damage resulting from faulty packaging;
- Any administrative costs incurred in processing the file.
Goods excluded from cover - Under no circumstances does this contract cover the following goods:
- Goods, equipment and tools transported for professional purposes in the case of the Premium VP and LCV packs;
- Goods transported under a Public Goods Transport contract ;
- Goods transported against payment in the case of the Premium VU pack ;
- Cash, banknotes; payment and prepaid cards, securities, coupons and securities of all kinds; postage and revenue stamps;
- Jewelry, precious metals, pearls, precious stones, precious metal objects; precious, art and collectible objects; furs;
- Cell phones ;
- Contraband or illegal trade ;
- Tobacco and alcohol in all forms;
- Goods that make up a load whose total gross weight exceeds by more than 15% (fifteen percent) the payload of the designated vehicle carrying it, as stated on the vehicle registration document;
- Goods transported by the Affiliate in a vehicle other than a vehicle of less than 3.5T designated in the Rental Contract.
- Live animals ;
- Temperature-controlled goods ;
- Liquid or powder goods transported in tanks or containers;
- Merchandise and equipment for fairground and nonfairground operators, itinerant merchants, construction, public works and agricultural machinery;
- Perishable foodstuffs and products of all kinds;
- Goods with a sell-by or use-by date ;
- Medical and pharmaceutical products ;
- Transport of blood or organs ;
- Professional modifications to the Insured Vehicle ;
- Laptops in the event of theft or attempted theft, provided they were not stored in a locked trunk and/or were visible from outside the vehicle;
- Goods contained in roof boxes and vehicles towed by the rental vehicle
Warranty limits
The compensation payable by the Insurer for damage or theft covered by the policy is calculated on the basis of the actual value of the property on the date of the Loss, without exceeding the following coverage limits:
- For passenger vehicles: €5,000 inc. tax (five thousand euros)
- For commercial vehicles: €15,000 inc. tax (fifteen thousand euros)
Franchise
The deductible is a portion of the damage which remains payable by the lessee. The deductible is always deducted from the amount of compensation resulting from the application of the provisions of the Insurance Contract.
In the event of a claim, the lessee is liable for a share of the damage up to a maximum of €150 (one hundred and fifty euros) and, in the event of theft between 10 p.m. and 6 a.m., for 20% of the loss, with a minimum of €150.
.
The deductible automatically applies to all elements of the claim submitted to the Insurer.
The deductible is in any case enforceable by the Insurer against any beneficiary of the indemnity.
Specific obligations of the Tenant in the event of a claim
In addition to the usual declaratory documents defined below, the following documents must be provided by the Affiliate for payment of the insurance indemnity:
- Invoice(s) for damaged goods;
- a detailed, quantified statement of damage or loss ;
- any other documents which the Insurer may reasonably require to be produced in order to properly assess the validity of the coverage and the validity and amount of the claim.
Claim settlement
The insurance indemnity is limited to the replacement value as new, reduced by 20% (twenty per cent) per annum, applicable to any year commenced up to a maximum of 60% (sixty per cent), and by the deductible fixed above.
If the goods cannot be repaired or replaced, compensation is calculated on the basis of the appraised value on the day of the loss, less the contractual deductible.
If all or part of the lost or stolen property is found, the Affiliate must notify the Manager by registered letter, fax or e-mail as soon as it is aware of the loss or theft.
If these items are found before the insurance indemnity has been paid, they must be returned to their owner, and the Insurer is only liable, within the limits of its coverage, for any damage to them.
If the goods are found after the indemnity has been paid, they are returned to their owner if he reimburses the Insurer for the indemnity received. Failing full reimbursement, the Insurer may opt, within one month, either to surrender the goods to the Insurer, or to return them to their owner without reimbursement of the indemnity.
In all cases where goods relinquished to the Insurer are subsequently sold, the net proceeds of the sale - after deduction of all costs - are deducted from the total amount of damage covered; this determines the "final amount of the claim".
UPPER PART WARRANTY
Top parts : Parts of the vehicle above the windshield.
Accident: Any material damage to the upper parts of the vehicle rented by the Insured as a result of a collision, occurring during the coverage period.
Insured vehicle: Light Commercial Vehicles (LCVs) with a gross vehicle weight of less than 3.5T, covered by a rental contract issued by the Rental Company.
Identified third party : Any person other than the insured whose identity is known and with whom a report has been completed.
The purpose of the Upper Part warranty is to cover the amount of damage to the upper parts of the vehicle, less a deductible of €1,500, which is payable by the lessee and cannot be repurchased.
The guarantee does not apply if, at the time of the claim :
- The driver of the insured vehicle cannot prove that he/she is of the required age and holds a valid driver's license to drive the vehicle, as required by regulations and the general terms and conditions of the rental contract.
- In the event of a claim, the renter is not covered by the Civil Liability and Damage, Theft or Fire liability limitations, in accordance with the exclusions stipulated in the rental contract.
Claims are excluded:
- Occurring during sporting events, races, competitions (or their trials), subject to prior authorization by the public authorities,
- caused intentionally or maliciously by the Insured or with his/her complicity, as well as those resulting from the Insured's active participation in fights, except in cases of legitimate self-defense,
- Resulting from the direct or indirect effects of an explosion, heat release or atomic irradiation,
- Damage caused by civil or foreign war is excluded:
- sustained by the insured vehicle while driven by the insured under the influence of alcohol (or narcotics) in accordance with Articles L.234-1 and L.235-1 of the Highway Code.
However, this exclusion does not apply if it is established that the insured was in no way responsible for the accident. It can only be invoked against the insured driver.
- Caused by the confiscation, removal or requisition of the vehicle by the police authorities.
Franchise
The deductible is a portion of the damage which remains payable by the lessee. The deductible is always deducted from the amount of compensation resulting from the application of the provisions of the Insurance Contract.
In the event of a claim, the tenant is liable for a deductible of €1,500 (one thousand five hundred euros).
The deductible automatically applies to all elements of the claim submitted to the Insurer.
The deductible is in any case enforceable by the Insurer against any beneficiary of the indemnity.
DRIVER PROTECTION WARRANTY
Accident: Any sudden, unforeseen event external to the victim and constituting the cause of the damage. Barème droit commun (common law scale): Reference scale used to establish the degree of functional disability suffered by the insured, without regard to any professional consideration. It is published by the magazine "Le Concours Médical" under the title "Barème indicatif d'évaluation des taux d'incapacité en droit commun".
Subject to the conditions and exclusions of cover defined below and in the general terms and conditions of insurance available in the Rental Offer, the Driver Protection cover provides the lessee-driver with cover in the event of an accident, whether or not the lessee-driver is at fault, occurring during the rental period while driving the rented vehicle.
Scope of cover :
Coverage Amount of compensation
Accidental death €100,000
Permanent Total Disability €100,000
Compensation for permanent total disability is based on the indicative scale for assessing rates of disability under Common Law, corresponding to the physiological damage remaining after the victim's condition has been consolidated, i.e. when the injuries have ceased to progress and it is no longer possible to expect any significant improvement from treatment, so that the consequences of the accident can be determined with certainty.
Limitation: compensation will only be paid if the degree of disability determined is greater than or equal to 15% Exclusions from coverage - The following are excluded:
● the consequences of bodily injury :
o occurred when the lessee-driver, at the time of the accident :
▪ drives the vehicle in a state of manifest drunkenness or under the influence of alcohol as defined in Article L234-1 of the Highway Code, or under the effect of narcotics, barbiturates, non-medically prescribed tranquilizers, stimulants, anabolics or hallucinogens
▪ refuses to submit to mandatory post-accident blood alcohol checks;
o caused by the suicide or attempted suicide of the renter-driver;
o occurring during sporting events, races, competitions (or their trials);
o caused or suffered by the rented vehicle as a result of the transport of flammable, explosive or radioactive materials (excluding the transport of bottles of alcohol, mineral oil or gas refills).
● the consequences of post-loss aggravation due to delayed treatment attributable to negligence on the part of the lessee-driver or to the lessee-driver's intentional failure to comply with the doctor's prescriptions;
● the consequences of a wilful act by the lessee-driver, whether the lessee-driver wilfully sought his or her own damage or sought to cause damage to others (except in cases of self-defence);
● the consequences of bodily injury caused by
● bodily injury caused by :
o the direct or indirect effects of explosion, heat release or atomic irradiation,
o war, civil or foreign, or terrorist attack.
Determining compensation
If the lessee-driver is entirely at fault, or if no recourse against a liable third party is possible, the indemnity paid under the guarantee remains definitively acquired by the lessee-driver.
When the Hirer-Driver is the victim of an accident for which a third party is wholly or partly responsible, the sums paid, in proportion to the third party's responsibility, constitute, according to their nature, an indemnity or an advance recoverable from the recourse that the insurer will have to exercise against the responsible third party.
To this end, the lessee-driver subrogates the insurer's rights to the sums advanced by the insurer.
If the advance on recourse paid turns out to be greater than the amount of the indemnity payable by the liable party, the insurer undertakes not to claim the difference from the authorized lessee-driver or his assigns.
Accumulation of benefits
In the event of death resulting from an accident that has given rise to the payment of compensation for permanent disability, and if death occurs within one year of the date of the accident, the insurer will pay any difference between the amount of compensation due in the event of death and the amount of compensation already paid, up to the compensation ceiling.
Provisions common to all optional benefits :
Effective date :
Subject to prior payment of the premium, coverage takes effect when the lessee receives the keys to the rental vehicle from the lessor, and ceases when the vehicle is returned to the lessor at his place of business or at any other location.
The present guarantee must have been subscribed by a specific mention in the Rental Contract, and must have come into effect at the latest on the effective date of the Rental Contract for which the Tenant wishes to benefit from the present guarantee.
The warranty is valid for the entire rental period.
Multiple or cumulative insurances
In accordance with the provisions of Article L 121-4 of the French Insurance Code, when several insurance policies are taken out without fraud, each of them produces its effects within the limits of the cover provided by each policy, and in compliance with the provisions of Article L 121-1 of the French Insurance Code.
Misrepresentation
Any false declaration made by the Insured at the time of a Claim exposes the Insured, if the Insured's bad faith is proven, to the nullity of the membership and therefore to the loss of rights to coverage, the insurance premium being nevertheless retained by the Insurer.
Subrogation and recourse
In accordance with article L.121-12 of the French Insurance Code, the Insurer is subrogated to the extent of the indemnity paid, in the rights and actions of the Insured against the third party(ies) responsible for the Loss.
The Insurer may be discharged, in whole or in part, from its obligations towards the Insured when subrogation cannot, through the latter's fault, operate in its favor.
Territoriality
This cover applies to claims occurring in METROPOLITAN France, the Principality of Monaco and all countries authorized in the general rental conditions.
Limitation period
In accordance with the provisions of article L.114-1 of the French Insurance Code, any action arising from an insurance contract is time-barred after 2 (two) years from the event giving rise to it.
However, this period does not run :
- in the event of concealment, omission, false or inaccurate declaration of the risk, only from the day the insurer became aware of it,
- in the event of a claim, only from the date on which the interested parties became aware of it, if they can prove that they were unaware of it until then.
When the Insured's action against the Insurer is based on the recourse of a third party, the limitation period runs only from the day on which the third party took legal action against the Insured or was compensated by the Insured.
In accordance with article L.114-2 of the French Insurance Code, prescription is interrupted by one of the ordinary causes of interruption of prescription: any legal action, even in summary proceedings, or even brought before an incompetent court; any act of forced execution, or any protective measure taken in application of the code of civil enforcement procedures; any recognition by the insurer of the Insured's right to cover, or any acknowledgement of debt owed by the Insured to the insurer.
It is also interrupted by :
- the appointment of experts following a claim;
- a registered letter with acknowledgement of receipt sent by :
- the Insurer to the Insured in respect of the action for payment of the premium;
- the Insured to the Insurer for settlement of the claim.
In accordance with article L.114-3 of the French Insurance Code, the parties to the insurance contract may not, even by mutual agreement, modify the duration of the limitation period, nor add to the causes of its suspension or interruption.
ARTICLE 11 - OBLIGATIONS IN THE EVENT OF A CLAIM
11.1 General obligations
In the event of a claim of any kind whatsoever - accident, theft, attempted theft, fire, collision with a wild animal or any other damage to the vehicle, the Customer or any authorized Driver must take all appropriate measures to safeguard the interests of the Hirer and, where applicable, the insurance company, namely :
● notify the Hirer immediately or at the latest within twenty-four (24) hours of the occurrence or discovery of any of the aforementioned losses or damage,
● contact the police if necessary,
● complete the declaration request sent by the Rental Firm's claims department ("the Declaration"), which must be returned to the Rental Firm as soon as possible duly completed, failing which the benefit of the Insurance Coverages set out in article 9 and the Limitation of Liability and Optional Insurance Coverages set out in article 10 will be lost.
The Declaration sent by the claims department of the Hirer to be returned to the latter as soon as possible must mention :
● the circumstances, date, place and time of the claim,
● the names and addresses of any witnesses,
● if applicable, the registration number of the third-party vehicle involved, the name and address of its owner, the name of the insurance company and the related policy number.
11.2 Special obligations in the event of an accident
In the event of an accident, the Customer or any authorized Driver must draw up a report by completing the document provided in the vehicle, except in cases of force majeure.
If a police or gendarmerie report or a bailiff's report has been drawn up, these documents must be attached to the aforementioned Declaration.
The Customer or any Authorized Driver is not authorized to enter into any agreement or transaction of any kind whatsoever in the name and on behalf of the Rental Firm or its insurer.
11.3 Special obligations in the event of theft
In the event of theft of the vehicle, a complaint must be lodged immediately with the appropriate authorities. The Customer or any authorized Driver must provide the Hirer with a copy of the police report as soon as possible, failing which the Hirer will lose the benefit of the Limitations of Liability referred to in articles
10.2 et seq.
The original vehicle keys must also be returned to the Hirer. In the event of theft or loss of the original keys, the Customer or any authorized Driver must immediately report the theft or loss to the Rental Firm and to the appropriate authorities. Failure to do so will result in the loss of the benefit of the Limitations of Liability and Optional Insurance Coverages referred to in articles
10.2 et seq. In addition, in the absence of a declaration of the theft or loss of the keys, the rents due by the Customer shall continue tò accrue.
ARTICLE 12 - EVALUATION AND COMPENSATION PROCEDURES
Any damage found on the return of a vehicle is assessed using an "expert" costing tool, or on the basis of a repair invoice. The Customer or any authorized Driver may have a counter-assessment carried out at his or her own expense. This may only be carried out on the basis of the elements used to carry out the assessment, and the vehicle may not be immobilized for this purpose, unless the Customer or any Authorized Driver assumes the immobilization costs, which correspond at least to the vehicle rent at the current rate for the duration of the immobilization...
In order to validly contest the result of the costing, the Customer or any authorized Driver must inform the Hirer in writing within 7 calendar days of the communication of the costing of his intention to have a counter-assessment carried out. The Hirer will then send the Hirer the photos required for a remote assessment.
In the absence of a counter-expertise, the parties agree that the assessment of the damages is final and expressly acknowledge that it will be binding and enforceable against them as an agreement between them on the monetary equivalent of the damages.
The Customer expressly agrees to compensate the Rental Firm for the monetary equivalent of the damage to the rented vehicle, up to the amount payable by the Customer.
ARTICLE 13. FINANCIAL CONDITIONS
13.1 Prices
The price of each rental varies according to various criteria, including the type of Vehicle, location, date and options chosen by the Renter. The rental price is shown on the Offer for each Vehicle and remains valid for as long as the Vehicle is booked online or in a branch.
The amount of each Reservation constitutes the consideration for the Rental and is the sole responsibility of the Tenant. The amount of each Reservation is indicated inclusive of all taxes.
The invoice will be available for download by the Renter from his Account, upon receipt of the corresponding payment.
13.2 Additional costs
A provisional amount of compensation for the Renter's loss will be deducted by the Renter from the bank account of the Tenant concerned in the event of the latter's failure to comply with certain of its obligations hereunder. The amount of these indemnities is indicated in the schedule of charges appended to the CGL.
13.3 Terms of payment
The Renter is hereby informed that payment is made exclusively by credit card online, via the Payment Service Provider, unless otherwise expressly agreed between the Renter and the Hirer. The Platform does not accept debit cards (in particular Visa Electron, MasterCard Maestro), electronic (virtual) cards or prepaid cards. The credit card must imperatively be in the Renter's first and last name, especially if the use of this credit card is a prerequisite for insurance coverage.
Except with the prior written agreement of the Renter in the case of a reservation on behalf of a third party, the Tenant acknowledges that he/she is :
● The person who makes the Vehicle Reservation, who enters into the Contract ;
● The holder of the documents requested and of the bank card used for online payment.
The Renter authorizes the Hirer to debit from his credit card all sums relating to the performance of the Contract, including any flat-rate charges in the event of partial non-performance of the CGL by the Renter and deductibles in the event of a claim. The amount of these charges is set out in the schedule of charges appended to the CGL.
13.4 Security deposit
In order to guarantee the proper performance of its obligations by the Hirer, a security deposit shall be paid no later than seventy-two (72) hours before the date on which the Hirer takes possession of the Vehicle, and no later than at the time the Vehicle is handed over, using the bank card of which the Hirer is the legitimate holder.
The amount of the security deposit varies according to the category of the Vehicle. It is frozen in the Renter's bank account for the duration of the Contract. In order to enter into the Contract, the Tenant must have the corresponding funds in his bank account and the corresponding authorization from his bank.
In the event that the security deposit cannot be authorized by the Tenant's bank, the Platform notifies the Tenant by e-mail so that he/she can check the authorization to be given by his/her bank. The Tenant may make a new request to block the security deposit with the same card or with another bank card of which he/she is the legitimate holder. The Reservation will be automatically cancelled without reimbursement for default by the Renter if none of the various attempts to block the security deposit has been successful at least twenty-four (24) hours prior to taking possession of the Vehicle (the Rental). In such a case, the Customer acknowledges and accepts that a handling fee may be deducted from the Customer's bank account. The amount of this fee is set out in the schedule of fees appended to the CGL.
The security deposit paid by the Hirer covers, in particular, repairs to the Vehicle and its accessories, penalties, expert's fees, the insurance excess, administrative costs and any sum paid as compensation for damage caused, whether intentionally or not, by the Hirer to the Vehicle, to a third party or to the Hirer.
ARTICLE 14. CANCELLATION OF RESERVATION
If the Hirer contracts with the Rental Firm as a consumer, it is reminded that the right of withdrawal that usually applies in distance selling is not in force for activities related to car rental in accordance with Article L.221-28 12° of the French Consumer Code.
Consequently, for any cancellation of a Contract by the Tenant :
● More than forty-eight (48) hours before the date of taking possession of the Vehicle, the Renter will reimburse the Hirer one hundred percent (100%) of the rental amount;
● Less than forty-eight (48) hours before the date of taking possession of the Vehicle provided for in the Contract, the Renter will not reimburse the Hirer for the amount of the rental.
Should the Hirer fail to take possession of the Vehicle within 12 hours of the departure time agreed under the terms of the Contract, the said Contract will be deemed to have been cancelled by the Hirer, it being noted that the Rental Firm will not reimburse the Hirer for the amount of the rental. Consequently, the Vehicle will once again be available for rental and the Renter will be entitled to proceed with its rental to any other lessee.
These conditions of reimbursement extend to any other reason for cancellation of the Contract for a sufficiently serious breach by the Tenant (failure to submit administrative documents on time, impossibility of blocking the amount of the deposit, etc.).
In the event of unavailability of the Vehicle specifically reserved by the Renter, the Hirer undertakes to inform the Renter as soon as possible and to offer the Renter another Vehicle of the same category or of a higher category depending on the other Vehicles available on the Platform for the dates and duration of the Renter's Contract.
ARTICLE 15. TENANT'S LIABILITY IN CASE OF INFRINGEMENT
The Hirer accepts that he/she will be held responsible for any breaches of the Highway Code committed with the Vehicle during the term of the Contract.
The Tenant undertakes to report any infringement of legislative or regulatory provisions that may have been committed while the Vehicle was in its custody or possession.
The Hirer is hereby informed that the Hirer or any third party appointed by the Hirer will carry out any necessary designation procedure to ensure that the Hirer who had custody of the Vehicle at the time of the offence assumes responsibility for his or her actions.
For any infringement of the Highway Code committed by the Hirer with the Vehicle during the term of the Contract, a handling fee will be systematically deducted by the Hirer from the bank account.
of the Tenant concerned at the opening of each claim file, the amount of which is indicated in the schedule of fees appended to the CGL.
ARTICLE 16. PERSONAL DATA
The personal data collected when the Rental Contract is concluded is intended for the Renter for the purposes of processing and executing the Rental Contract. If it is not provided, the Rental Firm may not be able to process the rental.
It may be communicated to any subcontractor or service provider of the Renter involved in the management or execution of the Rental Contract.
In accordance with the General Data Protection Regulation no. 2016/679 of April 27, 2016 and the French Data Protection Act no. 78-17 of January 6, 1978, as amended, the Renter and any Authorized Drivers have a right of access, rectification, deletion, limitation of processing, portability, as well as, where applicable, a right to object, to the processing of their personal data. The Renter and Authorized Drivers may also send the Hirer instructions concerning the fate of their information after their death.
The Hirer and any authorized Drivers may exercise these rights by sending a simple request to the Hirer, whose contact details are shown on the Rental Offer.
In accordance with article L223-2 of the French Consumer Code, the Tenant may refuse to be contacted by telephone at any time by registering free of charge at https://conso.bloctel.fr/.
The Hirer may transfer personal data to recipients located in countries outside the European Economic Area (EEA). In such cases, transfers are protected by transfer mechanisms that comply with current regulations on the protection of personal data.
The retention period for the personal data collected is determined according to the following criteria:
- the data is stored for the time required to manage and execute the Rental Contract, in accordance with the law, for as long as the Hirer maintains a commercial relationship with the Hirer.
- personal data is then archived for the applicable statute of limitations.
- they are then anonymized or deleted.
ARTICLE 17. APPLICABLE LAW - DISPUTES - CONSUMER MEDIATION
The rental of the vehicle and these general rental conditions are governed by French law.
In the event of a dispute between the parties, they will endeavor to resolve it amicably. In the event of failure to reach an amicable agreement, the consumer Customer is hereby informed, in accordance with article L.211-3 of the French Consumer Code, that before taking the matter to the competent legal courts, and following a written complaint to the Hirer, he/she may refer the matter free of charge to a mediator registered on the list of mediators drawn up by the Commission d'évaluation et de contrôle de la médiation de la consommation in application of article L.615-1 of the French Consumer Code, namely, according to the Hirer's affiliations :
- or to the Mediation officer of the Conseil national des professions de l'automobile by post to the following address: 50 rue Rouget de Lisle - 92158 Suresnes Cedex or on the website www.mediateur-cnpa.fr,
- or to the FNAA Mediation officer by writing to him at the following address Immeuble Axe Nord; 9-11 avenue Michelet- 93583 Saint Ouen Cedex or via the website www.mediateur.fna.fr.
The consumer customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
Failing amicable agreement, recourse to mediation or acceptance by the parties of the solution proposed by the mediator, any dispute between a consumer Customer and the Hirer shall be brought before the court in accordance with the rules of common law.
The customer is hereby informed of the existence of the European platform for online dispute resolution, designed to collect any complaints arising from an online purchase from European consumers and to forward them to the competent national mediators: this platform can be accessed at the following address: https://ec.europa.eu/consumers/odr.