SPAR'CAR, a SASU with 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 ("the Lessor"), rents a vehicle to the Customer ("the Renter") in accordance with the clauses of these General Rental Terms and Conditions, the signed rental agreement and any Specific Condition subscribed to. These documents form an indivisible contractual whole which the Renter undertakes to comply with, applicable to the Renter as main driver as well as to any Authorised Driver designated in the agreement.
Definitions: "Renter" means the customer who signs the agreement, main driver of the vehicle. "Authorised Driver" means any natural person expressly designated as such in the agreement. "Lessor" means SPAR'CAR, the aforementioned SASU.
No right of withdrawal: in accordance with Article L. 221-28 12° of the French Consumer Code, vehicle rental with a specified performance date is not subject to the right of withdrawal; any booking made remotely is binding upon confirmation, subject to Article 9 (modification/cancellation).
ARTICLE 1 – VEHICLE COLLECTION – RETURN
The vehicle is made available at the Lessor's agency and returned to the same location, unless otherwise agreed in writing; the costs of repatriating a vehicle returned elsewhere without consent are borne by the Renter. The return of the vehicle, keys and administrative documents alone ends the rental, on the dates and at the times indicated in the agreement, during the agency's opening hours. If the vehicle is made available or returned outside the agency's usual opening hours, late-arrival fees may be charged to the Renter in accordance with the rates in force mentioned in Art. 8. Outside these hours, the Renter continues to assume custody of the vehicle until opening and effective return. Until then, the Renter remains fully responsible for the vehicle, particularly in the event of theft or damage. Unless an extension is authorised (Art. 11.1), failure to return on the scheduled date exposes the Renter to prosecution for misappropriation of vehicle and breach of trust (Art. 314-1 of the French Criminal Code), results in automatic termination at the Renter's fault with forfeiture of liability limitations, and makes the Renter liable for additional days together with a daily indemnity at the rate displayed at the agency.
ARTICLE 2 – VEHICLE CONDITION
The vehicle is handed over in good apparent working and bodywork condition, except for damage recorded on the check-out report, checked jointly at departure; any reservation must be mentioned on the check-out report, failing which the vehicle is deemed to have no damage. The Renter returns the vehicle in the condition in which it was delivered, with keys and documentation; damage found on return and not recorded at departure is at the Renter's expense (subject to Art. 7). If the report is prepared without the Lessor being present, it is deemed to have been prepared jointly and is enforceable against the Renter, who is informed in order to submit observations. The reports, recorded on electronic media, are available on simple request. The vehicle is supplied clean; any cleaning requiring prolonged action (stain removal, polishing, decluttering, deep vacuuming, washing...) is charged according to the displayed rate. The Lessor is not responsible for items left in the vehicle.
ARTICLE 3 – DOCUMENTS
The vehicle is supplied with all documents, equipment and accessories required by regulations. If these items, or the keys, are not returned at the end of the rental, the rental continues until an official loss certificate is produced, with reconstitution costs remaining at the Renter's expense.
ARTICLE 4 – CUSTODY, USE AND DRIVER REQUIREMENTS
4.1) Driver eligibility
The vehicle may be rented to any driver aged at least 18 who has held a driving licence for at least one year at the time of collection. A fixed "young driver fee", displayed at the agency, applies to drivers aged 18 to 21 inclusive. For any driver who is not resident in France or holds a non-EU licence, an international driving permit may be required in addition, only where French regulations require it depending on the country of issue; a passport and proof of foreign residence may also be requested.
4.2) Use
From collection until return, the Renter has control and full responsibility for the vehicle. The Renter and the Authorised Driver undertake to use it as a prudent and reasonable person, including as follows:
- only allow drivers designated in the agreement to drive it, on roads suitable for traffic;
- not overload or modify the vehicle;
- not use it to push, pull or tow another vehicle, except with special equipment;
- not carry passengers or goods for payment without their own insurance;
- comply with the Highway Code, customs rules and applicable regulations;
- use it only in countries designated on the Green Card, after informing the Lessor before leaving the territory.
The Renter and the Authorised Driver are jointly and severally liable for any breach. The Lessor may require the immediate replacement of a driver who is deficient or dangerous. The Renter may not sublet, dispose of, pledge or use the vehicle as security and must ensure that the Lessor's ownership rights are respected at all times; any resale in fraud of the Lessor's rights constitutes a breach of trust (Art. 314-1 of the French Criminal Code).
ARTICLE 5 – MAINTENANCE, REPAIRS AND TYRES
The Lessor provides a vehicle in good condition and is responsible for repairs and replacements resulting from normal wear and tear. The Renter maintains the vehicle as a prudent and reasonable person (water, oil and all fluid levels, tyre pressure and condition, and antifreeze at least every 1,000 km) and reports any anomaly; repairs related to abnormal wear, negligence or an accident remain at the Renter's expense. No work may be carried out without the Lessor's prior formal approval. In the event of abnormal tyre wear, replacement with tyre(s) of the same brand is at the Renter's expense.
ARTICLE 6 – FUEL
Fuel is at the Renter's expense. The vehicle is delivered with a full tank and must be returned in the same condition; failing this, the Lessor refuels it and charges for the fuel and service at the displayed rate.
ARTICLE 7 – INSURANCE
The Lessor has taken out compulsory third-party liability insurance for damage caused to third parties.
7.1) Excess and excess-waiver options
In the event of an at-fault or partially at-fault accident, theft, fire or damage, the Renter remains liable for the non-reducible file fees and the excess stated in the agreement (or the repair cost if lower, or the non-waivable excess where an option has been taken out). If a liable third party compensates the Lessor, the excess is reimbursed after deduction of costs remaining payable by the Lessor; separate incidents incur one excess per incident. The Renter may subscribe, for a daily supplement depending on the vehicle category (rate displayed at the agency), to Partial Excess Waiver (RPF), reducing the excess within the limit stated in the agreement, or Total Excess Waiver (RTF), removing it subject to the exclusions in Art. 7.3.
Even with full excess coverage, a credit card pre-authorisation is still required as a security deposit.
7.2) Driver eligibility
Insurance coverage is subject to compliance with the age and licence seniority requirements in Art. 4.1; failure to comply results in loss of insurance coverage under the same terms as Art. 7.3.
7.3) Exclusions (loss of insurance coverage)
The Renter is liable for the full repair cost or the vehicle's expert-assessed value, in particular in the event of:
- driving by a person not designated in the agreement;
- intentional damage, gross negligence or characterised negligence;
- misjudging the vehicle's dimensions (damage above the windscreen or below door level);
- driving with an excessive blood-alcohol level or under the influence of drugs;
- interior damage, damage to tyres or rims, or broken glass (windscreen, panoramic or opening roof);
- false statements or false documents when signing the agreement, or use of the wrong fuel;
- breach of Art. 4 or abandonment of the vehicle;
- damage occurring after the scheduled return date without express authorisation;
- damage to personal belongings or transported goods;
- theft by an employee of the Renter or an Authorised Driver.
7.4) Reporting theft, fire or damage
The Renter takes all useful measures to establish the facts, preserve evidence and safeguard the vehicle; in the event of theft, a report must be filed as soon as it is discovered (the rental ends upon submission of the vehicle theft declaration and return of the key); in the event of an accident, an amicable accident report must be completed without commenting on liability, and the Lessor must be notified within 24 hours (excluding Sundays/public holidays), unless justified impossibility or recourse to the assistance service (Art. 10).
ARTICLE 8 – PRICE, PAYMENT, SECURITY DEPOSIT
The rental and security deposit amounts are determined by the rates in force, known to the Renter before signing. The unused deposit is returned within 8 days following return and the final invoice. It is constituted by bank pre-authorisation (temporary hold without actual debit, depending on the vehicle category); the Renter maintains a valid and sufficient means of payment until return and release of the pre-authorisation, the timeframe for which depends on the issuing bank, beyond the Lessor's control. In the event of an incident or amount due, all or part of the amount may be subject to an actual debit. The Renter pays, at the latest at collection, the estimated rental cost (daily rate × duration); the final rent takes into account the provisional payment made. The rental is understood as 24-hour periods, with a one-hour grace period beyond which a new day is charged. Specific fees (displayed rate) may be added: late-arrival fees (6:30 pm – 8:59 pm: €40; 9:00 pm – 6:59 am: €60), administrative fees for fines, incident file fees, fuel (Art. 6), non-return indemnities (Art. 1), expert fees, assistance fees in immobilisation (Art. 10); the Renter authorises their deduction from their card. The security deposit is acquired by the Lessor up to the amount of sums due (non-payment, damage, non-return except force majeure and formal notice). After unsuccessful formal notice of 8 days, a fixed indemnity of 20% of the sums due is payable as a penalty clause (Art. 1231-5 of the French Civil Code).
ARTICLE 9 – MODIFICATION, CANCELLATION, NO-SHOW
9.1) Modification
Free of charge if the Lessor is informed at least 24 hours before vehicle collection (the price may vary); below this, displayed file fees may apply.
9.2) Cancellation
Refunded less file fees if 2 days or more before departure; acquired by the Lessor below this, except force majeure proven by the Renter.
9.3) No-show
The prepaid amount is not refunded in the absence of cancellation and presentation at the agency, subject to a 3-hour tolerance.
ARTICLE 10 – IMMOBILISATION
Non-compliance with Arts. 4, 5 and 7 resulting in vehicle immobilisation may give rise to invoicing (daily price × days of immobilisation, capped at 30 days); the Lessor is not responsible for immobilisations resulting from other causes. A 24/7 assistance service is available by telephone, charged at the rate in force except subscription to the "24/7 Assistance" option or breakdown not attributable to the Renter. In the event of immobilisation not attributable to the Renter, the Lessor endeavours to offer a replacement vehicle of equivalent category subject to availability; no replacement vehicle is due if the immobilisation results from a fault of the Renter or a case of loss of insurance coverage (Art. 7.3).
ARTICLE 11 – DURATION, EXTENSION, TERMINATION
The rental is granted for a fixed term. Failing return on the scheduled date, unless prior agreement, the Lessor may take back the vehicle wherever it is located, at the Renter's expense, without abusive termination or compensation. Any extension must be requested and is accompanied by a renewal of the security deposit and the corresponding cost; the Lessor may refuse it, requiring immediate return. The Lessor may terminate immediately and without compensation the rental in the event of non-compliance with essential obligations (use, payment); in the event of early return at the Renter's initiative, the Renter remains liable for the total amount of the period defined in the agreement, plus fees and indemnities payable.
ARTICLE 12 – FINES, PENALTIES, POST-PARKING CHARGES (FPS)
For any fine, penalty or FPS due by the Renter or an authorised driver and processed by the Lessor, management fees (displayed rate) are due. In accordance with Arts. L. 121-2 and L. 121-6 of the French Highway Code and Law No. 2014-58 of 27 January 2014, the Lessor communicates to the authorities, upon request, the identity of the person responsible. The Renter authorises the deduction of these sums from their payment card.
ARTICLE 13 – UTILITY VEHICLES (SPECIAL RULES)
The Renter assumes control of driving and transport operations; transports only goods suitable for the vehicle's use; refrains from any material likely to damage it or leave persistent impregnations, both in itself and due to their packaging or securing; uses it only on the intended taxiways; is responsible for damage related to loading/unloading and any exceeding of the weight or number of persons authorised; returns the vehicle empty. The Renter is not covered for goods transported.
ARTICLE 14 – FORCE MAJEURE
The Lessor's liability cannot be engaged in the event of force majeure or fortuitous event: lock-out, work stoppage, strike, vandalism, fire, flood, natural disaster, war, armed conflict, seizure, customs immobilisation, or epidemic/pandemic giving rise to a traffic restriction or lockdown decided by the competent authorities.
ARTICLE 15 – PROTECTION OF PERSONAL DATA
The Lessor processes the data communicated (including relating to designated drivers) to verify identity, recover payment, prevent fraud and deal with any issue related to the rental, as well as for marketing purposes (promotions, loyalty). The Renter has the rights of access, rectification, deletion, objection, to be forgotten, to portability, and to organise the fate of their data after their death, exercisable by letter to the registered office or by email to contact@sparcar972.com. Data is kept for the duration of the contractual relationship plus legal limitation periods, i.e. 5 years maximum after the end of the rental unless a longer legal obligation. The Renter may lodge a complaint with the CNIL (www.cnil.fr).
ARTICLE 16 – APPLICABLE LAW, DISPUTES, CONSUMER SERVICES
This agreement is governed by French law. In the event of a dispute, the parties shall first seek an amicable settlement. Any complaint must be sent in writing to contact@sparcar972.com or by post to the Lessor's registered office.
In accordance with the provisions of the French Consumer Code on consumer dispute mediation, if you have first contacted us and have not received a satisfactory reply, you may refer the matter free of charge to our consumer ombudsman:
CM2C
49 rue de Ponthieu
75008 Paris, France
Tel.: +33 1 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net
ARTICLE 17 – COMPETENT JURISDICTION
Any dispute not resolved amicably falls under the courts of the jurisdiction of the Lessor's registered office, without prejudice to the mandatory territorial jurisdiction rules of the French Consumer Code in favour of the consumer (in particular the jurisdiction of the place of residence of the Renter at the time of conclusion of the agreement or occurrence of the harmful event).
ARTICLE 18 – TELEPHONE CANVASSING
To be protected against abusive telephone canvassing, the Renter may register free of charge at bloctel.gouv.fr.
ARTICLE 19 – GENERIC PROVISIONS
The information provided in the agreement is mandatory; failing this, the rental request may be refused. It may be communicated to the police services in the event of an offence, and entered in a file intended for members of the Professional Branch of vehicle lessors of the C.N.P.A. (right of access and rectification: C.N.P.A. – Branche loueurs, 50 rue Rouget de Lisle, 92158 Suresnes Cedex). Vehicles may be equipped with a GPS location system facilitating assistance in the event of breakdown, accident or theft. The agreement may be signed electronically (tablet or dedicated device at the agency), with the same probative value as a handwritten signature (Arts. 1366 and 1367 of the French Civil Code).