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General Rental Conditions

 

MLoc Brignoles - Groupe Excellium Automobiles

 

Article 1- DELIVERY

The vehicle is returned to the tenant in good working order, provided with the travel documents and his keys. Any possible reservation is to be formulated at the time of the assumption of responsibility and must be mentioned on the contradictory descriptive state annexed.

The tires are in good condition and unbroken (the deterioration of one of them outside the normal wear and tear will result in the replacement of the latter at the expense of the tenant).

The tenant undertakes not to remove, alter or delete the advertisement or any indication affixed by the renter. Otherwise, the stickers or the reinstatement of the advertisement will be billed to the tenant.

The renter can not claim from the renter for damages and interest, for delay in the delivery of the vehicle, for cancellation of the rental or immobilization of the vehicle during the rental which would not be attributable to the renter.

 

Article 2- CONTRACT LENGTH

The rental day is defined as 24 consecutive hours from the time of departure. The minimum duration is 24 hours and the maximum duration is 1 month, without tacit renewal. In case of extension, the tenant must go to the departure agency at least 24 hours before the expected return date to extend the initial contract and pay the additional rental. The renter reserves the right to refuse any request for an extension without being required to pay compensation. In case of renewal of a monthly contract, the tenant agrees to go with the vehicle to the agency of departure, sign a new contract and pay the amount of the rental.

 

Article 3 – GUARD AND USE

Only the renter is allowed to drive the vehicle. However, the renter may expressly approve other drivers. The driver (s) must have been a driver for more than one year and be over 21 years old. From the delivery to the restitution, the tenant has the control and the whole responsibility of the vehicle, that it is in circulation or in parking. The tenant remains responsible for any repairs that are not normal wear. Any violation of the odometer will lead to legal proceedings for fraud and the tenant will have to pay the rental on the basis of 1000 kms per day.

The renter agrees to use the vehicle as a good father and in particular:

- Not to be used for a fee for the transport of persons or goods (except commercial vehicles)

- Not to use it for subletting

- Periodically check (every 1000 km) the oil, water, tire pressure and the correct operation of the signal bulbs.

- To report to the lessor as soon as possible any malfunction of the vehicle, including the wear of tires and brake pads (the tenant will be responsible for the consequences of this wear in the event that the renter would not not informed).

- Not to be used for learning to drive or for sports competitions.

- Not to use under the influence of an alcoholic state, narcotics or any substance that may impair its physical or moral abilities.

- Do not use to push or tow another vehicle or trailer.

- Always use the anti-theft system and lock the vehicle when stopping.

- To use the vehicle only on roads open to public traffic, to the exclusion of all other roads and tracks not drivable.

The vehicle must be used exclusively in France. Any request for exit of territory will have to be previously accepted by the renter under penalty of exclusion of the guarantees of insurance.

In case of loss or theft of one or more of the keys of the vehicle, the renter will be charged the full replacement of all the barrels, locks and ignition contactors.

 

Article 4- FUEL, MAINTENANCE AND REPAIRS

The fuel is the responsibility of the tenant. In the event of a fuel error, the cost of emptying the tank, cleaning of the fuel systems and the replacement of any damaged parts will be the responsibility of the lessee. The repair, maintenance or exchange of tires (every 30 000 km on average) resulting from normal wear or a reason not involving the fault of the tenant are always the responsibility of the lessor

Repairs resulting from abnormal wear (clutch, brakes and tires) or damage caused by abnormal, abusive, malicious or careless use, will be the responsibility of the renter. The expenses incurred by the tenant without prior express agreement of the renter will remain his responsibility.

 

Article 5- RESTITUTION, END OF CONTRACT

The return of the vehicle, its keys and its documents will be made at the place, date and time stipulated on the contract under penalty of prosecution for misappropriation of the vehicle and exclusion of the insurance guarantees. In the absence of restitution according to the conditions of contract, the tenant will be presumed responsible and will have to assume the financial consequences of any damage sustained or caused by the vehicle until perfect restitution of the vehicle in the hands of the renter.

Failing this, the renter will be liable for an indemnity calculated on the basis of the daily public rate applicable to the day provided for the return of the vehicle concerned, increased by 10% and multiplied by the number of days of overtaking. If necessary, an allowance must be added corresponding to any excess, if any, calculated according to the contractual conditions.

The renter must return the vehicle in the same condition as the one noted at departure and the additional fuel required for the upgrade noted at the departure will be billed upon return at the rate indicated to the agency. A contradictory descriptive statement will be made upon return of the vehicle. In the event of a discrepancy between the "departure" and "return" status, the tenant will have to bear the costs of restoration. In the case where the state of "return" is not signed by the tenant, the tenant accepts that it is established by a third independent expert appointed by the renter. This expertise will be binding on both the tenant and the landlord. The expertise fees will be borne by the tenant.

 

Article 6- PAYMENT

At the provision of the vehicle, the tenant will make a prepayment corresponding to the estimated amount of the rental possibly plus ancillary services and insurance options. At the end of the rental, a detailed invoice will be issued. ATTENTION: down payments by reservation are not refunded.

In case of early return of the vehicle, the amount corresponding to the initial period remains due.

 

Article 7- SECURITY DEPOSIT

The deposit, the amount corresponding to the category of the rented vehicle, is made at the signing of the contract. It will be returned at the end of the contract after return of the vehicle if no amount is due in respect of rents, repair costs, restoration of the vehicle or non return of the vehicle. Failing this, the tenant authorizes the renter to collect, by justifying them, the sums due on this deposit.

 

Article 8- INSURANCES

WARNING: if you have not returned the vehicle to the agency of departure at the dates and times specified in the contract, you will have to assume the financial consequences of any accident.

The renter has taken out insurance guaranteeing the obligatory civil liability of the bodily injury and material damage caused to the thirds.

In the event of theft, fire, damage or breakage of the vehicle of the renter's vehicle that does not incur the renter's liability, the lessee's liability is limited:

- The amount of the deductible indicated in the special conditions of the contract.

- An amount of the reduced deductible, in the case where the tenant has taken out supplementary insurance.

A deductible is applicable per claim (per shock point).

EXCLUSIONS: The guarantee is excluded and the tenant will be liable for the total amount of repairs or the market value of the vehicle in the following cases (market value: argus value plus 10%).

- failure to comply with contractual conditions or misrepresentation

- Driving the vehicle by a person whose name does not appear on the contract as authorized driver.

- damage caused voluntarily, or as a result of inexcusable fault or gross negligence.

- damage resulting from a poor appreciation of the size of the rented vehicle (high parts above the level of the steering wheel, lower parts located under the axis of the wheels)

- damage to the interior of the vehicle, tires, rims, car radio and hubcaps.

- Sleeping and falling asleep of the driver

- theft by a Tenant Attendant or Authorized Driver

- declaration reached after the return of the vehicle

- vehicles stolen in home jacking and car jacking are not insured

- personal effects and goods are not insured

In case of damage to the vehicle, the amount of the repairs will be notified by the renter as soon as possible. In case of disagreement, you have the possibility, within 72 hours, to request at your expense an expert's report made by an expert approved by the courts. The conclusions of the expert will be binding on the parties. After this period, the renter will consider the amount of the repairs as accepted and will be entitled to charge this amount on the deposit.

 

Article 9- ACCIDENT RESPONSIBLE

In the event of a responsible accident, with a third party having drawn up an amicable report or a police report, with or without damage for the vehicle of the renter, it will be retained the total amount of the franchise or the Reduced deductible if the tenant has taken out the supplementary insurance, whatever the amount of the restoration costs.

 

Article 10- OBLIGATION IN CASE OF LOSS

In the event of an accident, the tenant agrees to notify the lessor as soon as possible and at the latest within 24 hours of the occurrence of the incident. A complete declaration must reach the lessor within 48 hours.

In case of theft, the renter under penalty of being refused a guarantee and except in cases of force majeure, undertakes to inform the lessor immediately and to report the theft to the police or gendarmerie within 48 days. hours. He must return to the lessor as soon as possible the original of the statement of flight and the keys of the vehicle.

 

Article 11- ASSISTANCE AND TROUBLESHOOTING

The tenant is obliged to inform the renter as soon as possible of problems of breakdown or accident of the vehicle.

The vehicles receiving assistance from the manufacturer, in case of breakdown do not implicate the responsibility of the tenant. A phone number is provided with the vehicle papers upon delivery. In case of a responsible accident, the expenses of repair and towing will be charged to the tenant.

 

Article 12 – TERMINATION OF THE CONTRACT

The contract will be terminated automatically in case of breach by the tenant to the contractual obligations.

 

Article 13 – FINES AND CONTRAVENTIONS

The tenant remains solely responsible for the fines, the minutes and the contraventions established against him and which are legally dependent on him. These will result in the invoicing of management fees of a lump sum of 20 euros TTC per offense.

 

Article 14- ATTRIBUTION OF JURISDICTION

By express agreement all disputes that may arise between the renter and the tenant are the exclusive jurisdiction of the courts of the place of the registered office of the lessor.


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