Terms of Sales
SECTION 1 - Care, custody and return of the vehicle.
Lessee acknowledges having received the Vehicle in good condition, with equipment, accessories and usual securities (insurance certificate, photocopy of the registration card and the heel of the vignette) .The Tenant has sole legal custody of the Vehicle up to its return to GDS. Failure to return shall be considered a misuse, resulting in prosecution and forfeiture of the insurance benefit. The rental price is the return to the tenant by the vehicle, keys and circulation of securities at the place agreed in the contract. A failure to return any of the above, the Tenant shall pay the rental price until production of a certificate of loss, as well as duplicate issuance fee. The return of the vehicle will take place during the compulsory opening hours of the center MISTRAL LOCATION is in the contract. Only the reception of the vehicle by the renter will end the lease with all its conditions.
ARTICLE 2 - Use of Vehicle
The lease is granted only to sign the contract that agrees to let drive the vehicle by persons other than those approved by the renter. Authorized drivers act as agents of the Tenant, which remains fully responsible for the Vehicle, jointly with the driver. The authorized driver must hold a driving license for more than one year, valid and corresponding to the rented Vehicle category.
a) The tenant agrees not to use the vehicle for illegal purposes and not to take him out of the French metropolis without the written consent of Lessor.
b) It must comply with the rules of conduct laid down in the Highway Code and existing police regulations.
c) The vehicle must not be used outside the roadways for pecuniary transportation, for learning to drive, preparations for tests or auto sports competitions or any person under the influence of liquor or narcotics.
d) The Tenant acknowledges having been duly warned that any false statement of driving licenses and age entail the automatic loss of the insurance benefit (s) in respect without prejudice to any damages.
e) The vehicle can be used only in accordance with its original destination. He may not be used:
1- overload the rented vehicle carrying more passengers than permitted or load whose weight exceeds the load of said vehicle.
2 - To propel or pull any vehicle or any trailer.
3 - To carry flammable or explosive dangerous goods.
Failure to comply with these requirements the Tenant would be responsible for the consequences, whatever their importance and would forfeit the right to insurance benefit. It would also be required to pay fines, miscellaneous costs and allowances, caused by claims in respect of the aforesaid breaches.
f) Any advertising of any kind is prohibited unless prior agreement on vehicles.
ARTICLE 3 - Insurance
1 - Liability
The owner has taken out an insurance policy for the risk of civil liability 'may lie with the tenant within the limits of the Law of 27 February 1958 establishing a compulsory insurance for movement of land vehicles. Have insured status: Tenant Vehicle; any keeper or driver previously authorized by the Lessor. The vehicle is only insured for the rental period indicated on the face of the contract. After this time, and unless the extension is accepted, the renter accepts no liability for accidents that the tenant could have caused and which he shall be personally responsible.
2 - Other guarantees:
- The vehicle is not insured against glass breakage.
- Fire: the vehicle is insured against accidental fire excluding clothing, animals or goods carried for which the tenant remains his own insurer.
- Theft of cars: the vehicle is insured against theft. The tenant who has custody of the vehicle commits, out driving periods: to connect the alarm as appropriate, to lock the vehicle, locking the lock, not to let the papers concerning the Vehicle In this one. In case of theft, the Tenant must give the landlord the keys and papers of the stolen vehicle, the alarm system and the theft report receipt of the police authorities within 48 hours maximum. In this case and if the conditions were met, the Tenant pays the amount of the deductible or reduced deductible of the Vehicle category according to the current rate. Otherwise, any delay reporting or non - compliance with the conditions, causes a risk of withdrawal, and the stolen vehicle will be charged to the Tenant on the basis of the vehicle's purchase invoice if it is less than 6 months otherwise the HT value argus and accessories from the book value in the books of the Lessor, increased by 10% as a penalty.
- Theft of two wheels for the theft of two wheels (motorcycles, scooters, mopeds, bicycles and others), the Tenant shall pay the deductible amount corresponding to the Vehicle category according to the current rate.
- Damages: the responsibility of the tenant, for accidental damage to the Vehicle, is committed to competition total or partial exemptions following the general going rate available to the Tenant at the time of renting the vehicle. The deductible amount will be cashed by the Lessor awaiting an expert report (it should be noted that as many franchises or franchise reductions will be collected that claim), even if no damage vehicle Lessor. The amount of the deductible will be returned to the Tenant not liable when the Lessor has been fully compensated for all damages resulting from the accident by the other company.
-Reduced franchise: paying the rent supplement, the Tenant which reduces the excess spreads partly his responsibility for accidental damage to the vehicle, according to the tariff in force on the 'Liability Reduction'. Exclusion to full duty reduction borne by the tenant when the damage caused to the Vehicle result:
a) a serious breach of the Highway Code as non - compliance of a red light traffic on the left of the road, violation of a prohibited direction, etc.
b) negligence of the Tenant in driving, parking or general use of the Vehicle and in particular any damage occurring under the Vehicle and all damages resulting from inadequate water and oil levels to be controlled by Tenant every 500 kms.
c) incomplete or unusable amicable findings, illegible, for example unsigned or by the drivers involved in the accident.
- Cargo insurance and animals remains the responsibility of the Tenant.
- Assistance to the Vehicle and people: pay the extra rental assistance, the Tenant has a warranty technical and medical assistance.
- Excluding insurance: remain entirely the responsibility of the Tenant:
- Damage to Vehicle, the lower parts (under the wheel axis) against shock strain, sidewalk, or any other object on the floor.
- Damage to Vehicle, the upper parts: the wheel in case of impact against decks, porches, signboards, tunnels, balconies, tree limbs or other objects in height.
- The Tenant declares to be informed of the exact height and serious dangers that could cause a shock on the high parts.
- The blows on the roof or deterioration of hoods and canopy frames.
- The deterioration of tires, rims, mirrors and other accessories such as the radio, as well as side and rear windows.
repatriation costs and downtime due to failure resulting from negligence, failure of the Tenant, abandoned vehicles, accident, theft.
- An indemnity in case the vehicle returned to a wreck, equivalent to thirty days daily rate. Will be considered wreck any vehicle whose repair cost would be equal or higher than its market value.
- The frost damage always remain the responsibility of the Tenant.
- Damage caused to the Vehicle by the transport of the items, goods or animals.
- Repairs, parts exchanges resulting from abnormal wear (especially the clutch), neglect, loss, theft, undetermined being borne by the Tenant. The Tenant can arrange repairs unless prior written consent of Lessor.
- Damage to the vehicle when driving while drunk or under the influence of drugs; When using the Vehicle that is assigned by a name, a quality, a false age.
- Accidents - Statements: Any accident must immediately, and at the latest within 48 hours, reported in writing to the Lessor under penalty of forfeiture to the insurance benefit.
The Tenant and / or driver shall:
- If the wounded immediately notify the police.
- Write legibly even in case of damage with or without third parties, a joint report specifying the details of the accident and countersigned circumstances (if possible) or by the drivers (s) other (s) vehicle (s) (s) involved in the accident if this is the case and provide the names of witnesses to the accident to the fullest extent possible.
- If the Tenant shall ipso facto pay a minimum compensation equal to the amount of the franchise he purchased the franchise reduction option.
ARTICLE 4 - Miscellaneous
1 - The Tenant can not claim any rebate if the vehicle is rented at a price other than the base price day + mileage.
2 - Any incident or dispute may at the request of the parties, give rise to contradictory expertise within 8 days at the applicant's expense.
3 - Any claim relating to this contract or invoice must be made within one month from the date of issue of the invoice.
4 - This agreement may be amended only by written agreement signed by both parties.
5 - Fuel supply is the responsibility of the tenant.
6 - The Tenant is solely responsible, under Article 21 of Ordinance No. 58121 of 15 December 1958, fines, tickets, records and customs proceedings, established under the period of rental. Accordingly, it will refund to MISTRAL LOCATION all charges of this nature possibly paid in its place and stead and to pay a lump sum of € 150 for the time lost in these negotiations.
7 - Under no circumstances the tenant can not claim for damages or for delay in delivery of the vehicle or for cancellation of the rental or immobilisation in case of breakdowns or repairs made during the rental.
8 - The Lessor shall not be held responsible for loss, theft or damage to any property and any values transported or left by the Tenant or any other person in or on the vehicle during the term of this Agreement or after the return of the vehicle Lessor. Lessee expressly releases the Lessor from any liability in this regard.
ARTICLE 5 - Short term rental: deposit, payment and extension
The pre - payment of the amount of rent and the security deposit payment are determined by the rates in force whose tenant have read, payable upon delivery of the vehicle. By express agreement the amount of the deposit is acquired MISTRAL LOCATION Freehold, for the amounts due in any capacity by the Tenant. In no case the deposit is similar to the franchise. Reservations for a specific vehicle model are firm and definitive only after payment of deposit. If a duly registered book to be annulled, without notice, the tenant is liable for compensation for the duration of supply envisaged. With written notice at least 48 hours. The compensation will be reduced to 20 € H.T .. If the tenant wants to extend the lease, it will ask the consent of the landlord and settle the amount of the supplementary period before the expiration of the initial lease period. Unless otherwise agreed, a day rental means for 24 hours, hour by hour. Additional hour of a day or a flat fee is charged 1 / 5th of the minimum daily rental rate or 24H for all types of two-wheel except cars: any day started is due, unless extended by agreement to a other fare, duly noted. As for the supplementary insurance, any 24-hour period started is due.
ARTICLE 5A - Average Rental duration: Billing - Regulation - Insurance
1) The monthly rental packages are payable in advance and invoiced per whole month calendar with calendar, it is expressly agreed that in case of non payment at maturity of a single term of rent or breach of an obligation charged to the Tenant, and 8 days after formal notice by registered letter with acknowledgment of receipt no effect, the contract may be terminated automatically, so good seems to Lessor. In that event, the Tenant shall, at such costs, immediately return the vehicles in good condition in a location determined by the Lessor, with keys, registration card, sticker (green card) (if insurance option) and all documents GDS handed at the delivery. In addition, the tenant will lose the benefit of the 'average' price, which will be substituted automatically rates 'short' in effect for all of the planned leasing and retroactively.
2) For rentals Long and Medium Term, Lessee shall, at the signing of the contract, or put a check of the total amount of the expected rent or as payment for securities accepted that it is scheduled to month rental each as payment of an amount equal to the monthly rental cost, the last time soldant further rental.
3) The general conditions apply to the average rental periods unless Article 3 (insurance) in case the Tenant provides the Vehicle. The Tenant will then provide a receipt and proof of insurance to the provision of the Vehicle. Collateral requirements are: Liability, defense - action, damages all accidents refund Lessor replacement value in case of destruction, theft, fire, embezzlement, etc. ... The tenant will pay the amount of insurance premiums he will contract. In the case of destruction, theft, fire, embezzlement, etc. of the vehicle. These sums will remain acquired GDS to cover the loss of it. It will do the maintenance and repairs of vehicles in facilities approved by the manufacturer of the vehicle or insurance companies when returning the vehicle. The Tenant will pay the rehabilitation Vehicle condition on presentation of an estimate of the necessary repairs estimate.
ARTICLE 6 - Regulation of the rental price, various fillers and accessories
The Tenant is liable to pay:
- Odometer amount calculated at the current rate; the number of kilometers driven means the rental point at the release point and is determined by the Vehicle counter. If for some reason the counter did not work properly, the Tenant will have a package of 1,000 kilometers per rental day.
- The cost of return if the vehicle is returned to the rental place.
- Costs incurred by the Lessor for infringement of the highway code committed by the Lessee, including fees pound.
- Compensation equal to the eventual recovery of fees and expenses paid by the Lessor for non voluntary payment of the Tenant.
- All taxes due on the above payments.
- Any balance remaining due and payable in cash on return of the Vehicle. Failure -Regulations an invoice when due or extension without consent of Lessor causes the return of the Vehicle and the payment by the tenant of a penalty clause of 20% of the outstanding sums without the need for formal prior notice, by derogation from Article 1153 of the civil code and in accordance with Article 1225 of the civil code.
- Capital costs through the fault of the driver calculated based on the daily rate.
ARTICLE 7 - Jurisdiction - Jurisdiction
Any dispute arising between the parties, having its origin in the enforcement, interpretation or suites of this contract will be brought before the courts upon which the headquarters of the Lessor, even in case of multiple defendants or call security.