1-Definitions and general notions
2-Requirements to rent
3-The vehicle
4-Duration of the hiring
5-Payment
6-Responsibility for damage to the rented or flying vehicle
7-Our optional contractual warranties
8-Insurance Assistance
9-Evidence Agreement
10-Attribution Clause
11-Rental Guide
1-Definitions and general notions
By entrusting this vehicle to you, Europcar France and its franchise network undertake to you and you agree to return under the general contractual conditions set out below, subject to force majeure as defined in article 1148 of the Civil Code. Any derogation from these conditions must be the subject of a prior written agreement of the Lender.
The various notions to which these conditions refer are to be interpreted in the light of Recommendation 96-02 of the Commission of Abusive Clauses and the common law applicable to contracts of lease (Article 1713 et seq. Of the Civil Code). The lease contract is concluded intuitu personae and can not be transferred.
"You", "Tenant" means the driver (s) and the payor (s) mentioned in the rental agreement and the signatories thereof who have the status of lessee.
"We", "Renter" means Europcar France or one of its franchisees, whose name appears on the rental agreement.
Europcar France is a Société par Action Simplifiée with a capital of € 10,880,000, with registered office at Immeuble Les Quadrants - 3, avenue du Center - Guyancourt (78280), registered with the Trade and Companies Register of Versailles under number 303 656 847.
"Vehicle" means a Particular Car or Utility Vehicle that we rent to you for the agreed term of the rental contract.
"Damage" shall be considered as damage, any damage to the Vehicle not broken by Ice and puncture of the tires.
"Breakage of Ice" means damage of any kind (other than the willful act of the Tenant or the persons he answers) caused to the windscreen, side windows, sliding and rear windows as well as to the optics, mirrors and headlights independently of another disaster .
"Theft": is assimilated to theft of the vehicle: vandalism, theft of accessories and attempted theft.
"The Territory" means the countries in which the movement of the leased vehicle is authorized, namely: Germany, Andorra, Austria, Belgium, Denmark, Spain (except Ceuta and Melilla enclaves and enclaves), Finland, France, Greece, Ireland, Italy (Excluding categories above SDMN or SDMR), Luxembourg, Monaco, Norway, the Netherlands, Portugal, the United Kingdom, Sweden and Switzerland.
Vehicle traffic is strictly forbidden in all other countries, zones or territories and in particular in all islands (notably Corsica, except for hire from the island), not mentioned above.
NOTE: Securitifleet owns substantially all of the fleet leased by Europcar France to its customers in accordance with these general conditions and has granted a pledge on its vehicles to the benefit, in particular, of Calyon and its successors and assignees. For the purposes of this pledge, Europcar France has been designated as an "agreed third party" in accordance with Article 2337 of the Civil Code. Consequently, any return of a vehicle by a Europcar France customer must be made with Europcar France in its capacity as the agreed third party or, as the case may be, any other entity that may be substituted in this capacity and No case at Securitifleet. For further information, please contact Europcar France's Legal Department at 01.30.44.90.08
2-Conditions for renting
You must provide us with all the information required to establish your rental agreement, including: your identity, address, category and date of issuance of your driver's license, the means of payment for your rental As indicated. All drivers must be at least 21 years of age and have a valid driving license for at least 12 months and corresponding to the category of vehicle leased. By way of derogation from the above, rental of vehicles of category A and B is also authorized from the agencies belonging to Europcar France for drivers aged 18 or over and holding at least one day ' A valid driver's license obtained in the context of the Early Learning of Driving and justifying it (in particular by presenting his accompanying driving logbook). However, the age requirement may be higher for certain vehicle categories. In addition, the vehicles of the Prestige line are subject to specific rental conditions, described in the brochure "PRESTIGE LINE" requiring the Tenant to be the holder of two credit cards, one major and the other minor. In addition, a supplement will be required for any driver aged 18 to 25 years and provided that he fulfills the conditions mentioned above.
3-The vehicle
3-1 STATE OF THE VEHICLE
A description of the Vehicle is attached to your contract. You agree to record in writing, prior to your departure from the station, any apparent defects that would not be included. Failing this, we are deemed to have delivered a vehicle in accordance with the descriptive statement. Unfortunately, we will not be able to take into account claims of apparent damage that have not been reported at the time of departure. You must return the vehicle to the condition in which you received it.
Any reclamation costs incurred as a result of fault of the tenant or in the absence of fault of an identified third party will be charged against the cost of the rental, subject to the provisions of the section "optional contractual guarantees". >
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3-2 USE OF THE VEHICLE
You must never operate the Vehicle anywhere other than on the Territory (see this definition, section 1).
In accordance with the principle of personality of penalties, you are responsible for the offenses committed during the duration of the hiring. Thus, you are informed that your contact details can be communicated to the Competent Authorities that request it and, if applicable, you will be charged a handling fee of 25 (twenty five) euros including VAT. The Tenant expressly authorizes the Landlord to use his means of payment, especially bank card, to be paid the corresponding sum. You agree to use the Vehicle in a "good family manner" and in particular without being under ethyl or narcotic influence or any substance likely to affect the driving in accordance with the provisions of the Highway Traffic Act and to use it in accordance with its destination , Which, for a particular Vehicle, is mainly that of the transport of persons free of charge and for a Utility Vehicle, is mainly that of the transport of goods.
In the event that the conditions of use of the Vehicle are subject to specific regulations, you are responsible for compliance with these regulations throughout the contract. In addition, any infraction of this regulation obliges the Tenant to indemnify the Lessee against any prejudice which the latter may suffer. We particularly draw your attention to the dimensions of Utility Vehicles (inside the passenger compartment and / or on the "vehicle condition" sheet for height) which require increased attention during certain maneuvers (reverse gear For example) and may make it impossible to cross certain road infrastructures (tunnels, bridges, etc.), the maximum height of which is, according to the rules in force, indicated in advance.
WARNING: In the event of incorrect evaluation of the Vehicle's gauge, the upper and lower body shocks are not covered by the damage guarantee except to prove the case of force majeure.
You must not use the Vehicle rented in particular:
- to be re-released;
- for the transport of persons for consideration;
- for the carriage of a greater number of persons than that indicated on the vehicle registration card;
- to participate in rallies, competitions or tests, whatever the lie;
- to give driving lessons
- for pushing or pulling another vehicle (excluding vehicles fitted with a hook - maximum load 1000 kg)
- on roads which are not wheel-mounted or whose surface or condition of maintenance poses risks to the tires or parts under the vehicle;
- to commit an intentional infringement.
The goods and luggage carried in the Vehicle, including their packing or stowage, shall neither damage the Vehicle nor cause any undue risk to its occupants. When you park the Vehicle, even for a short-term stop, you agree to lock the Vehicle and use the vehicle's alarm and / or anti-theft devices. You must never leave the Vehicle unoccupied with the keys on the ignition.
Failure to return Vehicle keys will result in forfeiture of the warranty.
In case of damage or theft, you must send to the Lessor the amicable accident report within 5 (five) working days, or the flight declaration receipt given by the Authorities, within 2 (two) working days, as well as the Keys and papers of the Vehicle.
ATTENTION:
Article 3-2 sets out the minimum obligations to be met during the period during which you have the custody of the Vehicle.
3-3 MAINTENANCE / MECHANICAL PROBLEM
During your hiring and according to the number of kilometers traveled, you will have to carry out the usual checks (level of engine oil over 1000 km, tire pressure, etc.), according to a usage of " a good family's father". As such, the Tenant shall remain vigilant to any signal emitted by the warning lights appearing on the Vehicle dashboard, if any, and shall take any necessary precautionary measures, as appropriate, emergency stop. The Vehicle is provided with tires whose condition and number comply with the road regulations. In case of deterioration of one of them for a cause other than normal wear, vice concealed or force majeure, you undertake to replace it immediately and at your expense by a tire of the same size, same type , Same brand, and even wear.
In case of mechanical breakdown or accident, you receive an Assistance service, included in the price of your rental. The conditions of this assistance are explained in the "Rental Guide" made available in all Europcar agencies. If the odometer has not worked for a cause other than a technical failure, the Tenant shall pay the kilometric allowance calculated on the basis of 500 kilometers per rental day. Any modification or mechanical intervention on the Vehicle is prohibited without prior authorization of the Lessor.
4-Duration of rental
Reisedauer
4-1 CONCEPT AND CALCULATION
The duration of a lease is 30 (thirty) days maximum. The Tenant agrees to return the Vehicle to the Lessor on the date stipulated in the lease contract on pain of exposing himself to civil and criminal legal proceedings. The rental period is calculated per 24 (twenty four) hours, not fractionable, from the time of availability of the Vehicle, but you are entitled to a tolerance of 29 (twenty nine) minutes at the end of the rental period. Before a further period of 24 (twenty four) hours is applied.
If you wish to renew the contract, you will be responsible for:
(A) to travel with the Vehicle first to the EUROPCAR departure office (or to the only tenants with a EUROPCAR letter of credit, to the EUROPCAR agency to be informed of the departure agency);
(B) to carry out a check of the Vehicle with the EUROPCAR agent;
(C) to pay rent and additional charges at the close of the expired contract;
(D) and to sign a new contract.
The renewal of a monthly contract is strictly subject to the foregoing stipulations. In addition, failure by the Tenant to comply with these stipulations for monthly rentals will automatically render him or her liable to the Renter a contractual penalty of € 50 (fifty) including taxes per day of storage of the vehicle beyond the The date of expiry of the contract, in addition to the cost of the rental and without prejudice to the Landlord's right to any civil and / or penal action open to him on the basis of the non-return of the Vehicle.
4-2 END OF RENTAL
The rental ends with the return of the Vehicle, its keys and papers to the Lessee's counter, to a EUROPCAR agent in uniform. In no case will you return the keys to people present on the car parks and pretending to be EUROPCAR agent.
In the event that the Vehicle is returned without its keys, these will be invoiced to the Tenant and, if necessary, the costs of repatriation of the Vehicle. The Landlord can not in any way be held responsible for property that would have been forgotten in the Vehicle at the end of the rental.
ATTENTION:
Only the possession of the Vehicle, the documents and the keys by the agent of the Renter, during the opening hours of the agency concerned, allows to terminate the rental contract.
Reminder: Your liability is committed until the end of the lease.
Exceptions:
In the event of confiscation or sealing of the Vehicle, the rental contract may be terminated automatically as soon as the Landlord is informed by the Authorities or the Tenant. Any use of the Vehicle which would be prejudicial to the Landlord would authorize the Landlord to terminate the contract ipso jure. In case of theft, the rental contract shall be stopped upon the transmission to the Lessor of the complaint filed by the Tenant to the Competent Authorities. In the event of an accident, the rental contract shall be terminated upon transmission to the Landlord of the amicable agreement duly completed by the Tenant and any third party.
5-Payment
The tenants are in solidarity with the settlement of the cost of the rental. The estimated cost of the rental and benefits is payable in advance. It includes: the rental price, calculated according to the rates in force at the time of signing the contract; Any additional fees or costs of additional options accepted by the Tenant, the various contributions relating to the additional guarantees or insurances subscribed; All of which is increased by 20%, plus the security deposit, if applicable, as well as the evaluation of the fuel service, as indicated in the "Rental Guide". For any payment made by means of a bank card, the principal driver must be the owner. In all cases, an authorization will be requested at the start of the rental, for the amount of the security deposit. Except in the case of prepayment, upon return of the Vehicle, the amount of the invoice (see article 5-2) will automatically be debited to the account corresponding to the card presented unless the Tenant presents another means of payment accepted by the Renter. The tenant already accepts the debit on the same account of the amount of non-redeemable deductible and other expenses in case of damage or theft of the Vehicle.
5-1 DEFAULT OF PAYMENT
If the payment deadline is exceeded on the invoice by the due date, the Tenant will be liable for a late payment penalty calculated at the legal interest rate in force plus 10 percentage points.
The Tenant expressly agrees that:
- the non-payment or any unpaid payment shall result in the forfeiture of the term for unmatured invoices and termination of the contract as of right.
- the Landlord requires the immediate return of the vehicles in the course of rental.
5-2 APPLICABLE TARIFF
The rates applicable to the rental, supplementary services, guarantees or optional insurance are those in force at the time of the signing of the contract and correspond to the conditions that you have exposed (duration, return station ...). Any change in these conditions will result in the application of another tariff corresponding to the new conditions. The Vehicle is provided with a full tank of fuel. You must restore it in the same state. Otherwise, the fuel service charge and the number of liters of missing fuel will be charged.
5-3 DEPOSIT OF WARRANTY
The amount of the security deposit depends, on the one hand, on the category of the rented Vehicle and on the other hand on the additional guarantees taken out. It is intended to cover the damage sustained by the Landlord as a result of damage or theft of the vehicle.
Its amount is indicated in the "Rental Guide" and, at the start of the rental, on your contract. If the Tenant has not underwired a contractual warranty (theft and / or damage) the security deposit will be equal to the amount of the Tenants' liability limit, different according to the category of Vehicle made available and indicated in the "Guide to the Location ". If the Tenant has underwritten a contractual damage warranty (CDW statement postponed or checked on the contract) and theft (MENTION TW deferred or checked on the contract), only a deposit will be claimed equal to the amount of the non-redeemable deductible remaining at the expense of the Tenant in case of damage or. The deposit may be limited or excluded according to the additional optional contractual guarantees that reduce or eliminate the non-redeemable deductible (see Article 7-1 below). The security deposit will be forfeited to the Lessor in the event of damage attributable to the Tenant or in the absence of fault of an identified third party and in the event of theft of the Vehicle (except to apply the contractual guarantees set out below) The damage suffered. In the absence of damage and / or theft, the amount of the security deposit actually paid will be reimbursed at the end of the rental period, subject to the 21 (twenty-one) days of receipt for checks.
5-4 PAYMENT CONVERSION
The Foreign Tenant who holds a Visa or MasterCard (whose original currency is different from the Euro) can, by paying the rental with the latter, benefit from the conversion in the original currency of his card. The EUROPCAR agent who offers this service to the Lessee shall enter the Lessee's reply and the lease shall be supplemented by the mention corresponding to the option chosen. The Rental Company then carries out the conversion of currency with a rate of exchange of the day based on the Reuters index with a exchange fee of 2.75%. If the Tenant wishes to change his mind, he may declare it at the EUROPCAR counter on the return of the Vehicle and obtain his final invoice in euros. If for any technical reason the Landlord could not offer this service or if the foreign Tenant holding a Visa or MasterCard (whose original currency is different from the euro) chose to pay in euros, the conversion into the Currency of the card will be made by and under the terms of the holder's bank.
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6-Responsibility for damage to the rented or flying vehicle
You are responsible for the Vehicle in your custody. In the event of an accident, with or without an identified third party, you must obligatorily fill out an amicable accident report and deliver it within 5 (five) working days to your EUROPCAR agency. Otherwise, if the Landlord was charged by an adverse insurance company, then you would be liable for a handling fee of 143.52 (one hundred and forty three point two fifty two).
In any case, you will be obliged to pay a processing fee of 50 (fifty) euros including tax, refundable in case your liability is not incurred. These costs shall be added to any amount invoiced in respect of the non-redeemable deductible or reduced non-redeemable deductible (see Article 7-1 below), even beyond the ceiling of the latter, And will be due even if you have subscribed to the total redemption of franchise (in particular in the framework of the Super Garantie SLDW, of a Pack including this guarantee). In the event of theft of the Vehicle or damage caused to it by your fault, or in the absence of fault of an identified third party, you will have to compensate the Landlord for the damage (lump sum due under the scale presented in Document "Lump-sum invoicing by damage on a EUROPCAR vehicle" or estimated amount by expert estimate of the foreseeable cost of repairs, or market value of the vehicle, if applicable, capital costs, file fees ...). >
At the end of the rental, in case of damage or theft, an amount equivalent to the non-redeemable deductible will be charged (see "Rental Guide" available in the agencies of the Renter). If the lump-sum amount due under the scale set out in the document "Lump-sum invoicing by damage on a EUROPCAR vehicle" (or, where applicable, the amount actually incurred by the Lender) exceeds this amount, an invoice for the difference You will be addressed. If the damage suffered by the Lessor was to be reduced (discovery of the vehicle within 60 days, sharing or total liability of a third party ...), the Tenant (s) would be reimbursed up to this amount decrease. This liability is limited if you have taken out the "reduced liability" guarantees in the event of damage and / or theft set forth in article 7.
7-Our optional contractual warranties
WARNING: ALL THESE PROTECTIONS ARE ONLY IN THE TERRITORY (See list of countries in 1-definitions), DURING THE DURATION OF THE RENTAL AGREEMENT AND SUBJECT TO THE COMPLIANCE WITH THE PROVISIONS OF ARTICLES 2, 3-2, 4 -2 OF THE PRESENT CONDITIONS.
7-1 DAMAGES AND / OR FLIGHT WARRANTY
To reduce your liability to the amount of the non-redeemable deductible, you have the option to subscribe the contractual guarantee in case of damage ("CDW") and / or theft of the rented vehicle ("TW" Mentioned or ticked on the contract or any other identical or similar package, if applicable), when it is not included in our tariffs.
You can also take out additional optional damage and theft insurance, which reduces the non-cancellable deductible or cancels it depending on the type of vehicle (tourism, utility, prestige). SLDW), Serenity Pack (SER-PACK), Serenity Plus Pack (SERP-PP) (or any Pack that could be created) are explained in the "Rental Guide" which specifies the nature, Other conditions relating thereto, including the amount of deductibles. The subscription of the aforementioned guarantees is concluded at the beginning of the lease by means of a flat-rate contribution per day of rental and is indicated by the acronym
Which is mentioned or checked on the contract; The amount of the deductible that may continue to be payable therein.
ATTENTION:
These warranties, even when they offer a full redemption of deductible, do not cover the "top-of-cash" or "under-cash" damages or the disqualifications of guarantees referred to in Article 7.2 which remain fully applicable. br>
Damage and the theft of the goods transported shall also be excluded.
Depending on the level of coverage you may be charged, for each claim, the amount of the non-redeemable deductible or the non-redeemable deductible, depending on the vehicle category, indicated on the contract, from your Rental and in the aforementioned "Rental Guide", available in all Europcar agencies.
If the amount actually incurred by the lessor is less than this amount, only the lesser of the two sums will be due to you.
If your liability is totally free, and as reimbursement obtained from the third party responsible, this sum will be returned to you in full.
7-2 WARRANTY WARRANTY
Drivers not designated in the rental contract, and for whom the Tenant remains responsible, will not be entitled to the benefit of the damage or theft of the Vehicle. Failure to comply with any of the obligations expressly stipulated in articles 2, 3-2, 4-2 of these General Conditions will result in forfeiture of the contractual guarantees taken out. The Tenant (s) will then be responsible for the entire loss under the conditions of the general law of liability. </p>
8-Insurance / Assistance
All our vehicles are covered by a "Third Party Liability" policy, in accordance with the regulations in force, Europcar France has taken out this insurance from AIG EUROPE according to policy No. 1.902.122. They also benefit from an assistance contract. You can also take out optional driver, transport and personal effects insurance. The conditions and limitations of the compulsory or optional insurance, the contractual guarantees, as well as those of the assistance contract are described in the "Rental Guide" under Insurance and Assistance conditions made available to you in All the EUROPCAR agencies.
9-Convention on Evidence
The image of the contract will be stored on a physically unalterable medium. It is agreed between the parties that this image will have the legal force of an original document. </p>
10-Attribution Clause
Any dispute between traders arising out of this contract and which could not have resulted in an amicable settlement will, to the extent permitted by law, fall within the jurisdiction of the Tribunal on which the Head Office of the Landlord depends.
Law of 6.01.1978
The information gathered by the Landlord is necessary to allow the rental of vehicles and related operations (reservations, invoicing ...). They are intended, in whole or in part, for the Group's companies, their franchisees and partners.
You have a right of access to the information concerning you and the right to ask for the correction or the deletion thereof by:
Europcar France - B.P 19 - 78184 Saint-Quentin
Yvelines Cedex Home Find a hotel Services
It is specified that the Lessee has regularly declared to the CNIL the treatment corresponding to the "Management of persons at risk" which allows the companies of the Group of the Lessor to refuse the rental to these persons.
In addition, in its capacity as a member of the Renters' Branch of the National Council of Automobile Professions (CNPA), certain data relating to the leasing contract may be transmitted in order to pool them to companies belonging to This branch allowing them to legitimately refuse any future rental. According to the CNIL decision n ° 2006-235 of November 9, 2006, you will be informed beforehand if you are concerned and will then have a right to oppose registration, access, rectification and / or removal Of your personal data to the NAPC's Leasing Branch (50, rue Rouget de Lisle - 92158 Suresnes Cedex).
11-Rental Guide
To download the brochure "Rental guide" in PDF format, click here .
Would you like more information: contact@madininadriving.com
Tel. +33 (0)596 616 513
Mobile. 06 96 35 37 97
E-mail : contact@madininadriving.com