SPAR'CAR, a SASU with a share capital of EUR 1,000, registered with the Trade and Companies Register under number 881 731 236, whose registered office is located at 350 C quartier Sarrault - 97232 LE LAMENTIN, we (the Lessor), you (the Customer), rent you a vehicle in accordance with the clauses and information contained in these general rental terms and conditions, in the signed rental agreement and any other specific condition(s). Renting this vehicle implies that you accept the rental terms and conditions set out in these general rental terms and conditions, in the specific conditions subscribed to where applicable, and in the signed rental agreement. All of these conditions form a contractual whole that you undertake to comply with.
The purpose of these general terms and conditions is to define the rights and obligations of the parties within the framework of the rental entered into by the Renter. They apply to the Renter designated as the main driver, as well as to any authorised driver expressly designated in the rental agreement.
1- PROVISION - RETURN
The vehicle is made available to the Renter at the Lessor’s agency. Unless otherwise agreed in writing by the Lessor, it shall be returned to the same location or to the location mentioned in the agreement. Any costs incurred by the Lessor to repatriate a vehicle returned elsewhere without its consent shall be borne by the Renter. The rental ends only upon return of the vehicle, its keys and the administrative documents. The Renter must pay the estimated rental amount before the vehicle is taken and up to the day scheduled for its return. The vehicle must be returned on the dates and at the times indicated in the rental agreement, during the opening hours of the return agency. If the vehicle is provided outside the agency’s usual opening hours, late-arrival fees may be charged to the Renter in accordance with the applicable rates mentioned in Article 8. If the vehicle is returned outside opening hours, the Renter continues to be responsible for the vehicle until the agency opens and its effective return, which will mark the end of the rental period. Until effective return, the vehicle remains in the Renter’s custody and the Renter remains fully responsible for it, in particular in the event of theft or damage. Unless an extension has been expressly authorised by the Lessor, failure to return the vehicle on the scheduled return date exposes the Renter to criminal prosecution for misappropriation of the vehicle and breach of trust. In such case, the agreement shall be terminated automatically at the Renter’s fault, with forfeiture of any contractual limitations of liability. Until effective return of the vehicle, the Renter shall be liable for payment of additional rental days, together with a daily indemnity according to the Lessor’s public rate displayed at the agency.
2-VEHICLE CONDITION
The vehicle is handed over to the Renter in good apparent running and bodywork condition, except for any damage recorded on the check-out report. This condition is checked jointly at departure. Any reservation must be made by the Renter at the time the vehicle is taken over and must be mentioned on the check-out report. Failing any reservation, the vehicle is deemed to have no damage whatsoever, however minor. The Renter undertakes to return the vehicle in the condition in which it was delivered, with its keys and all technical and administrative documentation. Any damage noted on return that was not recorded on the check-out report shall be borne by the Renter, subject to the provisions of Article 7. If the vehicle is made available or returned outside the presence of the Lessor, the check-out and check-in reports shall be deemed to have been drawn up jointly and shall be binding on the Renter. The Renter shall be informed, where applicable, in order to be able to provide observations upon return. The check-out and check-in reports, recorded on electronic media, are available to the Renter upon simple request. The vehicle is provided clean inside and out; any cleaning requiring prolonged action shall be borne by the Renter (stain removal, polishing, decluttering, deep vacuuming, washing, etc.). Under no circumstances shall the Lessor be liable for any goods or valuables forgotten by the Renter in the vehicle.
3-DOCUMENTS
The vehicle is supplied with all documents, equipment and accessories required by the highway code, tax legislation and transport regulations. If all documents and equipment, as well as the keys, are not returned at the end of the rental, the rental continues until the Renter produces an official certificate of loss, and the costs of reissue or restoration shall remain at the Renter’s expense.
4-CUSTODY AND USE
From the time the vehicle is taken over until it is returned, the Renter has control and full responsibility for the vehicle, whether it is in use or parked. In general, the Renter and/or the authorised driver undertake to use the vehicle as a « prudent and reasonable person » and in particular: to allow the vehicle to be driven only by authorised drivers whose names appear on the agreement, on roads suitable for traffic; not to overload it or make any modifications; not to use it to push, pull or tow another vehicle (except a rental vehicle equipped with special equipment); not to carry passengers or goods for consideration unless the Renter has taken out its own insurance; to use it in accordance with the highway code, customs regulations and, in general, legal and regulatory provisions; to use it only in the countries designated on the green card. In the event of leaving the national territory, the Renter must notify the Lessor. The Renter and the authorised driver are jointly liable for any breach of these obligations. Drivers must strictly comply with the Lessor’s instructions regarding proper use of the vehicle. The Lessor may require the immediate replacement of any driver who does not comply with these instructions or with the driving rules set out in the highway code and applicable police regulations, or whose driving proves to be deficient and/or dangerous. The Renter may neither sublet nor dispose of the vehicles, nor pledge them or use them as security, and must ensure that the Lessor’s ownership rights are respected at all times. Resale of the vehicle in fraud of our rights constitutes a breach of trust (Article 314-1 of the French Criminal Code).
5-MAINTENANCE - REPAIRS - TYRES
The Lessor undertakes to provide a vehicle in good condition and to carry out repairs, part replacements or tyre replacements resulting from normal wear and tear. The Renter undertakes to maintain it as a prudent and reasonable person and in particular to check water and oil levels and all fluids, as well as tyre pressure and condition, to add antifreeze as necessary, at least every 1,000 km. Repairs, part replacements or supplies resulting from abnormal wear, negligence or an accidental cause shall remain at the Renter’s expense. The Renter shall inform the Lessor of any anomaly observed in order to define by mutual agreement the conditions for continuing the rental or carrying out repairs. Under no circumstances may the Renter carry out or have carried out any work on the vehicle or any repair without the Lessor’s prior and formal agreement. In the event of abnormal wear and/or deterioration of the tyres, the Renter undertakes, at its own expense, to replace them with tyre(s) of the same brand.
6-FUEL
Fuel is at the Renter’s expense. Unless otherwise stated, the vehicle is delivered with a full tank and must be returned in the same condition. Failing this, the Lessor will provide the service of refuelling the vehicle. The fuel and the service fee will be invoiced according to the rate displayed at the agency.
7-INSURANCE
The Lessor has taken out insurance covering the compulsory third-party liability for bodily injury and property damage caused to third parties, in accordance with the applicable legal provisions.
7.1) Theft - Fire or damage to the Lessor’s vehicle * Conditions for applying the excess:
In the event of an at-fault or partially at-fault accident, even if there is no damage to the rented vehicle, theft, fire, or damage to the vehicle, its equipment or accessories, the Renter remains liable for payment of:
7.1.1 the non-reducible administrative/file fees at the applicable rate,
7.1.2 the theft/fire excess or the damage excess indicated on the agreement, or the amount of repairs in the event of a claim without a third party if it is less than the damage excess amount, or the amount of the non-waivable excess indicated on the agreement if the Renter has subscribed to one of the excess waiver options. If the Lessor is compensated for the cost of damage by a liable third party, the Renter will be reimbursed for the excess amount or its non-waivable portion, less any repair costs that remain at the Lessor’s expense. Important: If, upon return of the vehicle, different damages resulting from separate incidents are observed, the Renter shall be liable for one excess per incident. EXCLUSIONS The Renter shall be liable for the full amount of repairs, or for the expert-assessed value of the vehicle, in the event of loss of insurance cover, in particular in the following cases: driving of the vehicle by a person whose name does not appear on this agreement as an authorised driver; damage caused intentionally or as a result of inexcusable fault, or as a result of gross negligence; any damage resulting from a poor assessment of the vehicle’s dimensions. Warning: this applies in particular to any damage to the upper bodywork (i.e. damage located above the windscreen) and the lower bodywork (i.e. damage located below door level); driving with a blood alcohol level above the legal limit in France or under the influence of substances impairing the reflexes required for driving; damage to the inside of the vehicle; damage to tyres and rims; glass breakage (windscreen, panoramic roof, sunroof, etc.); false declaration or production of false documents when signing the agreement; incorrect fuel type; damage occurring following one of the cases listed in Article 4; abandonment of the vehicle; damage occurring after the scheduled return date unless expressly agreed by the Lessor; damage to personal effects and/or transported goods; theft by an employee/agent of the Renter or by an authorised driver.
7.2) Theft, fire or damage declaration
In the event of an accident, damage, fire (even partial) or theft of the vehicle, the Renter shall take or have taken any useful measures to record offences, preserve evidence and safeguard the vehicle. In the event of theft, the Renter shall file a complaint with the police or gendarmerie as soon as it is discovered. The rental shall end at the time the vehicle theft declaration is handed over and the vehicle key is returned. In the event of an accident, the Renter shall complete an amicable accident report, even if there is no identified third party. It is recalled that this report must describe facts and circumstances. It must not give rise to a settlement regarding the Renter’s liability. Finally, the Renter shall notify the Lessor within 24 hours, excluding Sundays and public holidays, unless duly justified impossibility, or where applicable the assistance service mentioned in Article 10 below.
8-PRICE - PAYMENT - SECURITY DEPOSIT
The rental amounts and the security deposit are determined by the applicable rates which the Renter has reviewed before signing this agreement. The Renter shall pay the Lessor, at the latest at the time of taking over the vehicle: the requested security deposit amount, which may be constituted by a credit card debit authorisation, and the estimated rental cost, calculated based on the daily rate and the scheduled rental duration. The final rental amount, calculated at the end of the rental, will take into account the provisional payment made. Rental is calculated in 24-hour periods. The Renter benefits from a one-hour grace period at the end of the rental. Beyond that, a new day is charged. Specific fees may be charged to the Renter at the end of the rental according to the schedule displayed at the agency, which the Renter has reviewed. These include in particular: late-arrival fees as follows: 18:30-20:59: EUR 40; 21:00-06:59: EUR 60; administrative fees for processing fines; file fees in the event of claims or damage; fuel and refuelling fees (see Article 6 above); daily indemnities for failure to return (see Article 1); expert fees in the event of damage requiring intervention; assistance fees in the event of vehicle immobilisation outside a claim with a liable third party (see Article 9 below). By express agreement, the security deposit amount indicated on the front side is retained by the Lessor up to the amount of any sums due by the Renter to the Lessor, in particular: non-payment of the total rental cost and any accessories (indemnities, fines, specific fees, etc.); damage to or loss of the vehicle in the cases provided for in Article 7 above; failure to return the vehicle, except in cases of force majeure and after formal notice. At the end of the rental, payment of any sums still due by the Renter must be made upon return of the vehicle, or upon receipt of the invoice. Failing this, after a formal notice to pay remaining unsuccessful for eight days, the Renter shall pay the Lessor, in addition to recoverable costs and late-payment interest, an indemnity fixed as a lump sum at 20% of the sums still due, as a penalty clause, in accordance with the provisions of Article 1229 of the French Civil Code. If the balance is in favour of the Renter, the amounts due shall be reimbursed upon return of the vehicle or upon issuance of the invoice (where applicable) within eight days following the end of the rental.
9- MODIFICATION - CANCELLATION - NO SHOW
9.1) Modification:
you may modify your booking free of charge, provided you inform the Lessor at least 24 hours before collecting the vehicle. You acknowledge that the rental price may be modified accordingly. If the modification is made less than 24 hours before collection, file fees may apply, the amount of which is displayed at the agency.
9.2) Cancellation:
if the cancellation occurs two days or more before departure, the booking amount will be refunded, less file fees, the amount of which is displayed at the agency. If the cancellation occurs less than two days before departure, the rental price will be retained in full by the Lessor, except in cases of force majeure as usually defined by case law, which the Renter must prove.
9.3) No show:
if you have not cancelled your booking and you do not show up at the agency to collect the vehicle (at the start date and time mentioned in your booking confirmation email), the prepaid amount will not be refunded. A tolerance of three hours is nevertheless accepted to collect the rented vehicle.
10-IMMOBILISATION
Failure to comply with the rules set out in Articles 4, 5 and 7 of this agreement, when it results in immobilisation of the vehicle, may give rise to an invoice calculated on the basis of the daily rental price and the number of immobilisation days, without exceeding 30 days. The Lessor shall not be held liable in the event of immobilisation of the vehicle resulting from other causes. In addition to the possibility of contacting the Lessor during agency opening hours, the Renter has access to a 24/7 assistance service by phone. If the option « 24/7 Assistance » has not been subscribed, this service will be invoiced at the applicable rate, except in the event of a breakdown not attributable to the Renter.
11- TERM OF THE AGREEMENT - EXTENSION - TERMINATION
The rental is granted for a fixed term, indicated on the front side. If the vehicle is not returned on the scheduled return date, unless previously agreed by the Lessor, the Lessor reserves the right to recover the vehicle wherever it may be at the Renter’s expense, without the Renter being able to claim wrongful termination of the rental agreement or demand any compensation.
11.1) Extension:
the Renter must request an extension from the Lessor, together with renewal of the security deposit and payment of the rental cost corresponding to the extension. The Lessor reserves the right to refuse this extension, which will result in the obligation for the Renter to return the vehicle immediately.
11.2) Early termination:
the Lessor reserves the right to terminate the rental immediately and automatically without being liable for compensation in the event that the Renter fails to comply with the essential obligations of this agreement, in particular the conditions of use of the vehicle and payment of rental charges. In the event of early return of the vehicle at the Renter’s initiative, the Renter shall remain liable for the total amount of the rental period defined in the agreement, in addition to any fees, accessories and indemnities that may be due.
12-FINES - OFFENCES
For each fine or charge owed by the Customer or any authorised driver received and processed by the Lessor, the Customer shall owe the Lessor management/processing fees, the amount of which is displayed in each agency. By signing the rental agreement, the Customer authorises the Lessor to collect, by debiting the Customer’s payment card, the amounts corresponding to such fines, charges and processing fees.
13-UTILITY VEHICLES (SPECIAL RULES)
In addition to the obligations provided for in this agreement, the Renter: assumes control of driving and transport operations; undertakes to transport only goods consistent with the vehicle’s intended use; undertakes not to load materials likely to damage the vehicle and/or leave persistent impregnation, whether in themselves or due to their packaging or securing; undertakes to use the vehicle only on driving areas for which it was designed; acknowledges responsibility for damage suffered by the vehicle, its equipment or accessories due to loading or unloading; shall be responsible for the consequences of any exceeding of the vehicle’s authorised gross weight or the number of authorised persons indicated on the registration document; and shall return the vehicle empty of any packaging or goods. The Renter is not insured for transported goods.
14-FORCE MAJEURE
The Lessor’s liability cannot be incurred in the event of force majeure or fortuitous event. The following are considered or treated as cases of force majeure: lock-out, work stoppage, strike, vandalism, fire, flood, natural disaster, war, armed conflict, seizure, customs immobilisation.
15-PROTECTION OF PERSONAL DATA
The Lessor may use any information provided by its customers, including information relating to any designated driver, within the framework of the rental, to verify identity, collect payment, monitor fraud and deal with any matters before, during and after the rental period. The Lessor collects and processes personal data in order to provide customers with vehicle rental services and for marketing purposes such as special promotions and loyalty programmes. In accordance with applicable law, you have the right to access, rectify and delete your data; you also benefit from the « right to be forgotten », the « right to object » to data processing, the right to data portability, or the right « to determine the fate of your personal data after your death ». You may exercise these rights by sending your request by simple letter to the Lessor’s registered office.
16- APPLICABLE LAW - DISPUTES / CONSUMER SERVICES
« In the event of a dispute between the professional and the consumer, the parties will endeavour to find an amicable solution. Failing an amicable agreement, the consumer has the possibility to refer the matter free of charge to the consumer mediator competent for the professional, namely CNP Médiation consommation (Chambre Nationale des Patriciens de la Médiation), within one year from the written complaint sent to the professional. Referral to the consumer mediator must be made:
Either by referring the mediator online on the CNPMEDIATION website:
https://www.cnpm-mediation-consommation.eu/mon-comptepro.php
Or by mail addressed to CNPMédiation, 27, avenue de la Libération, 42400 Saint-Chamond
17-TELEPHONE SOLICITATION
To be protected against abusive telephone solicitation, we invite you to register free of charge on the website: bloctel.gouv.fr
18-GENERAL PROVISIONS
The information stated in this agreement is mandatory. If no answer is provided, the vehicle rental request will not be processed. The information provided may be communicated at the request of police services in the event of a traffic offence and/or any criminal offence committed during the rental. In the event of an incident during the rental, it may also be entered into a file intended for members of the professional branch of vehicle rental companies of the C.N.P.A. The right to access this file and to rectify this information may be exercised with: C.N.P.A. - Branche loueurs - 50, rue Rouget de Lisle - 92158 SURESNES Cedex. The Lessor’s vehicles may be equipped with a GPS location system in order to facilitate assistance in the event of breakdown, accident or theft.