GENERAL TERMS AND CONDITIONS FOR VEHICLE RENTAL
Article 1: Essential conditions
These General Terms and Conditions govern all rentals established by EMOTIONS CAR RENTAL, hereinafter referred to as the Rent, in the territory of Saint Martin to its customers. As such, the Customer acknowledges to fully and unreservedly accept the application of the said General Conditions of Rental. During the rental, the Customer is master and guardian of the vehicle. The Customer must be able to provide any document necessary for the establishment of his contract such as identity, address, date of issue of his driving license, means of payment. The permit must be presented at each location. The Customer or any driver designated in the contract must be over 21 years old and hold a valid driver's license for more than one year. If the driver is under the age of 25, a surcharge will apply.
Attention, the hiring of certain categories of vehicles requires specific means of payment and conditions of minimum age.
Article 2: Provision and return of the vehicle
The vehicle is made available to the Customer at the rental agency. It must be returned to the place, at the date and time specified in the contract, to the staff of the Lessor, during the opening hours of the agency. In the event that the Customer is authorized to return the vehicle elsewhere than in the Lessor's agency, the Customer will remain fully responsible for the vehicle until the Lessor has taken charge of it.
In no case the Customer is authorized to deposit the vehicle elsewhere than the agency provided in his contract. If the Client returns the vehicle to an unauthorized place not authorized by the Lessor on his contract, he is liable to a fixed penalty of € 100 for abandonment costs, plus a vehicle repatriation fee, the amount of which depends on the location. , time and day of recovery. For any provision of the vehicle outside of opening and closing times displayed in the agency, due in particular to a delay of arrival of the aircraft, additional costs of delivery or restitution "out of hours" of an amount of 35 € TTC will be invoiced to the Customer during the establishment and / or the closing of the contract.
Article 3: State of the vehicle
A descriptive statement of the vehicle is indicated on the Customer's contract. Only an agent of the Lessor is entitled to make the inventory of departure and return of the vehicle. Failing this, at the outset, the Lessor is deemed to have delivered a vehicle conforming to the descriptive statement. The Lessor will not be able to disregard complaints about apparent damage that would not have been reported at the time of departure. The Customer must return the vehicle in the condition in which it was received. Any costs of restoration, consecutive to a fault of the Customer or in the absence of fault of an identified third party, will come in overcharging of the cost of the hiring. The renter engages in a vehicle category, not a particular model or brand. The vehicles are to be returned in a state of cleanliness identical to that of the departure. Any vehicle returned excessively dirty (sand, mud, stained or stained seats, animal hair ...) will be billed according to the refurbishment, according to the scale mentioned in agency.
The vehicle is supplied with tires whose condition and number comply with the road regulations. Damage or theft of tires, rims, studs, tire accessories, punctures and fuel remain the responsibility of the Customer.
In case of loss and / or damage of the keys (various wettings, deterioration following a fall ...), the towing costs, the double of the key and the reinitialization of the lock are the responsibility of the Customer.
Article 4: Forfeiture of guarantees
Under the risk of being excluded from the insurance cover, the renter agrees that the vehicle will not be used:
- by persons other than himself or those approved by the Lessor, and which he guarantees, in accordance with Article 1384 of the Civil Code,
- by a driver under the influence of an alcoholic state or under the influence of narcotics or tranquillizers which modify the reflexes essential to driving,
- by a driver with a pre-existing mental illness,
- for a hit-and-run offense or refusal to comply,
- to propel or pull any vehicle or trailer,
- as part of the competition, betting or challenges,
- to be re-rented
- for the carriage of passengers for consideration
- for the carriage of a greater number of passengers than the authorized one, or for a load whose weight exceeds the payload of the said vehicle,
- to give driving lessons,
- to transport dangerous goods which are flammable or explosive or which may give off unpleasant odors,
- mount hitchhikers
- to be transported aboard a boat ...
In addition, the Customer may not assign, sell, mortgage or pledge the present contract, the vehicle, its equipment or its tools, nor treat them in such a way as to prejudice the Lessor.
The Customer is subject to all the legislative, regulatory, customs or any other laws relating to the carriage of goods that he carries out by means of the vehicle provided by the Lessor, public or private transport, according to the use to which he assigns the vehicle. The Customer's liability lasts for the entire period during which the vehicle was made available.
The Customer is solely responsible for the declarations and payments of duties and taxes concerning the movement of goods (customs, management ...).
Article 5: Rental
In case of pre-reservation made from the website of the Lessor, it is recalled that the General Conditions of Rental on the website are applicable to the Customer, and that the deposit made from the credit card of the Customer is an essential condition for the delivery of the vehicle. The lack of availability of the amount allocated to the security deposit will justify the refusal of the Lessor to deliver the vehicle to the Customer, as well as the termination of the lease.
Proof of residence of less than three months (electricity bill or telephone, vital card certificate) is required for all rentals. The Lessor reserves the right to refuse the renting and taking of the vehicle by the Customer if the latter does not justify the document certifying his place of residence.
5.1. Security deposit: a credit card deposit (credit card, VISA, MASTER ...) will be charged to the customer when the vehicle is taken. The credit card must be in the name and first name of the Customer and complies with the requirements of Article 14 hereof.
5.2. Prepayment, extension: the payment of the estimated amount of the rental will be required at the departure of the vehicle, according to the terms proposed by the Renter which can provide for the payment in several times. Under no circumstances can the initial prepayment be used for a rental extension. The rental price and the prepayment amount are mentioned at the current rate. In the event that the Customer wishes to keep his vehicle for a period longer than that initially agreed, he must, after obtaining the agreement of the Lessor, report to the agency and pay without delay, on the basis of the public rate, the amount renting under penalty of being exposed to legal proceedings.
5.3. Payment: the Customer agrees to pay to the Lessor at the end of the rental and the full return of the vehicle (equipment, accessories, administrative papers and keys):
- the sums due concerning the duration of the lease, as well as the kilometers covered and the amount of additional insurance coverage and other optional services to which the Client would have subscribed;
- The additional amount for the repatriation of the vehicle if it is left to another place than planned without the agreement of the Renter.
- All taxes, taxes and direct or indirect contributions payable on the sums, premiums, fees and allowances provided for in this article.
- All amounts due in respect of the offenses committed by him to the traffic and parking laws applicable during the term of this contract.
In case of prepayment by the Customer, the amount of the balance of the invoice will be automatically debited to the account corresponding to the card presented unless the Customer presents another method of payment accepted by the Renter. The Customer already agrees to debit the same account for the amount of the non-redeemable deductible and all other costs that would be related to the vehicle, its rental or the use that has been made of it (fuel, repair, tickets ...).
In the case of the application of a promotional rate, the non-respect of the rental period provided for the taking over of the vehicle will automatically bill the public rate in force according to the period. However, the amount of the incompressible franchise in force as well as the expenses of towing will remain the responsibility of the tenant even in the case where this one would have subscribed to the complement for the reduction of franchise.
Article 6: responsibility of the holder of the credit card, the issuer of a voucher or the order form
When the rental is made on presentation of a credit card, a voucher or a purchase order, the Lessor will invoice the issuer of a voucher or a purchase order which is responsible in accordance with contractual stipulations:
- the use of the rented vehicle,
- the payment of the rental and all the charges relating thereto,
- and is committed by any extension of the rental or the disappearance of the vehicle.
Article 7: Cancellation of the reservation by the client
The cancellation of a reservation as part of a prepayment is possible under the following conditions:
- 30 days before minimum: full refund of prepaid total
- Between 19 and 10 days: refund to 50% of the prepaid total
- Between 9 days and the date of arrival: no refund
Whatever the date of cancellation, a handling fee of 50 € will be applied
Article 8: Losses
All our vehicles are insured at all risks. An insurance notice is available to the Customer at the agency.
In the event of an accident, the Customer must inform the Lessor within 24 hours of any accident, damage or fire and immediately alert the police authorities of any theft or accident.
In addition to the exclusions common to all warranties, we can not guarantee the accidents mentioned in article 4.
All damages that are not insurable damage are the responsibility of the Customer (loss or breakage of keys, destruction of the car radio or the screen, advertising sticker, loss of the yellow vest, triangle ...).
If the amount of damage caused to the vehicle is less than the amount of the deductible, the Lessor will reimburse the Customer for the difference of these amounts. The amount of damages constitutes the financial value of the damage suffered by the Lessor as a result of the damage, destruction or theft of the vehicle rented by the Customer. Consequently, any amount claimed by the Lessor for damage to the rented vehicle is of a compensatory nature corresponding to the amount, estimated by expert, of the cost of the repairs to be considered, as well as the costs of towing, the costs of immobilisation, as well as the costs of processing the files amounting to € 50 excluding taxes. In the absence of repairs, the estimated amount of their cost will remain due by the Customer as compensation due to the decrease in the market value of the vehicle.
Attention: in the case of an accident where the circumstances are related to the non-compliance by the Customer of the Highway Code, the personal liability of the latter may be incurred. The Lessor shall be entitled to claim from the Customer the fault of all the repairs and damages suffered by third parties. The Lessor will be entitled to break the contract, and not to provide a replacement vehicle. The prepaid amounts will be acquired by the Lessor.
Article 9: Fuel
The fuel is the responsibility of the Customer. If the vehicle is returned with a lower fuel level than the delivery, a refit fee will be charged in addition to the missing fuel, in accordance with the tariff mentioned at the agency agencies. The fuel level must be the same at the return of the vehicle as at departure. Otherwise, the Customer will have to pay a fixed price according to the number of missing bars (bar started = due), according to the scale mentioned to the agency.
Article 10: Maintenance and repair
The Customer agrees to use the vehicle as a good father. He assumes custody and control of driving and transport operations. The Customer will regularly check all levels of oil, water and fluids and will also carry out routine maintenance, prevention, including emptying and greasing. The Customer must provide the Lessor with the supporting documents corresponding to these various interventions. Repairs and other than normal maintenance operations can not be performed without the prior approval of the Renter.
Article 11: Liability
The Customer is responsible for the vehicle in circulation but also in parking.
The Customer is solely responsible for the fines, tickets and minutes established against him in accordance with Articles L21 and L21.1 of the Highway Code. He is also responsible for the customs proceedings against him. As a result, he undertakes to reimburse the Lessor for any such expenses paid in his place and place. In accordance with the principle of personality penalties, the Customer is responsible for the offenses committed during the term of the lease. Thus the Customer is informed that his contact details may be communicated to the competent authorities who request it, and if necessary he will be charged a processing fee of € 15 TTC. The Customer must check that he does not forget any personal effects within the vehicle. The Lessor shall not be liable for loss or damage to property left in the vehicle, whether during or after the rental period. Therefore, items forgotten and redirected at the request of customers will be subject to a management fee of € 15 including VAT, in addition to the shipping costs that will be charged on the card left as a guarantee.
Article 12: the duration of the contract
The lease is granted for a fixed period and specified on the front of this contract. If the vehicle is not returned to the Lessor at the agreed time, in the absence of written agreement for a possible extension, the Lessor reserves the right to take back the vehicle wherever it is and at the expense of the owner. Client without the latter being able to take advantage of an abusive rupture of the hiring. Rental days are billed per 24h. beyond a tolerance of 59 minutes per contract an extra day will be charged.
Article 13: Security deposit
The Customer is required to pay a deposit to the Lessor at the time of the establishment of his lease. The amount of this deposit depends on the category of rented vehicle. It is indicated in the tariffs of the Lessor, and at the beginning of the hiring on the contract. It is intended to cover the damage suffered by the Lessor due to the damage and / or theft of the vehicle, this does not exempt the Customer from paying directly any sum he / she would be liable to and even if these amounts exceeded the amount of the said deposit. This deposit will take the form of a bank pre-authorization subject to the rules of banking law including a blocking of the amount on the account of the Customer without debit for a minimum period of 7 days and a withdrawal authorization by the Lessor valid for a duration of thirty days. It is agreed between the parties that this deposit will remain with the Lessor in case of damage attributable to the Customer or in the absence of fault of a third party and in case of theft of the vehicle (except to apply the contractual guarantees set out in this above) and to the extent of the damage suffered. The Lessor may also, what the Customer authorizes already, withdraw from this security deposit any sums of which the Customer would be liable to the Renter or to any person, authority, administration including the cost of fuel, repair, maintenance, fine; even after the vehicle has been returned, as soon as the debt has its origin during the lease by the Customer. If the amount of the security deposit is insufficient to cover these sums, the Customer agrees to ensure payment, on first request to the Renter or to whom it is due.
Article 14: breach of contract
Failure to comply with the rental conditions will result in the termination of the rental without prejudice to any damages that may be claimed by the Lessor.
Article 15: Jurisdiction
In case of dispute concerning the execution of this contract, and if the customer turns out to be a merchant, the exclusive courts will be those of the place of domiciliation of the Lessor. If the Customer is a consumer, the competent courts will be those of the place of residence of the defendant.