The terms « Owner » shall be used to define JUST 4 VIP. Thee owner hereby rents to the Renter or the party jointly responsible with the renter, whose signature(s) appear(s) overleaf, the vehicle described in the closes and conditions set out on both sides of this Rental agreement, witch he accepts and undertakes to comply with.
Article 1 - USE OF THE VEHICLE AND EXCLUSIONS OF INSURANCE COVER ON THIS GROUND
The failure
to comply with any one of the obligations described in the present
article shall result in forfeiture of insurance cover, except, where
applicable, the exclusions provided for by law.
The Renter undertakes not to allow the vehicle to be driven by persons
other than himself or those approved by the Owner and for whom he
shall be answerable, in accordance with article 1384 of the Civil
Code. He also undertakes that the vehicle not be used:
a) For the purposes of contest or trials, eve, on private circuits,
subject to prior consent in writing form the Owner.
b) By any person under the influence of alcohol or narcotics, or any
other substance liable to affect driving, not by himself in any such
circumstances.
c) For illicit purposes or in the case of private cars for the carriage
of goods or for any professional passengers transport activity.
d) Overloaded, for example when the rented vehicle transports more
passengers than the number specified in the log-book.
e) By persons other than those described overleaf, subject to the
prior authorisation of the Owner an provided that the said persons
are aged at least 25 years old (except prior derogation notified by
the Owner) and have held a full valid driving licence for at least
between two and five years, it depends on the model of vehicle.
f) The Renter likewise undertakes:
- To keep the said vehicle closed, locked and closed roof, and the
alarm in operation when he is not using to keep in his possession.
The renter also undertakes to use the antitheft device each time he
stops.
- to hand the vehicle’s keys and documents, without fail back
to a JUST4VIP agent at the Owner’s counter on return of car.
Failing this, the customer shall be liable if the vehicle is stolen.
Except in the event of theft, the renter shall be liable for all the
costs the Renter has to incur for having new keys made and retaking
possession of the vehicle, and for any fine within the 24 hours following
the end of the rental, if any.
- Never to assign this Agreement or sell, mortgage or pledge the vehicle,
its equipment or tools, or deal with them in any way to the detriment
of the Owner.
If any of the said undertakings is not complied with, the Owner shall
be entitles to serve formal notice on the renter requiring him to
return the vehicle immediately.
Article 2 – CONDITION OF VEHICLE
The Renter acknowledges that he received the said vehicle in perfect working order and in a clean condition. At the departure and return, a car statement will be done by the Renter and the JUST4VIP Agent, witch will be signed by the two parts. At the return of the vehicle, all damages noticed and no drawn up at the departure will be charged to the Renter. The five tyres are in good condition and undamaged. In the events of the deterioration of any of them for any reason other normal wear and tear, the Renter undertakes to replace it immediately and at his own expense by another tyre the same make, dimensions and equally worm.
The odometer
and connections there to must not be tampered with. If the odometer
has failed to operate for any reason other than a technical defect,
the Renter shall pay for the Rental at a rate based on a distance
of 500 km per day, without prejudice to proceedings for fraudulent
use.
The Renter shall be liable for deterioration other than normal wear
and tear, suffered by the vehicle as a result of loading being carried
out without adequate precautions or with goods capable of deteriorating
the equipment, or owing to use of roads unsuitable for motor vehicles,
or, when the law so permits, for any other reason not immutable to
the Owner.
Article 3 – RENTAL – PAYMENT – EXTENSION
The scales off charges applicable to the rental shall be the scales in force on entering into the contract. The cost of the rental shall be payable in advance and the amount of the advanced shall be determined on the basis of the agreed duration of the rental agreement and the payment charges in force.
The renter who wishes to keep the vehicle for a period longer than agreed at start of Rental must obtain prior approval from the Owner and immediately forward the balance of the rental currency owing, if any, and the advanced payment corresponding to the new rental period agreed.
Under no circumstances may the advanced payment be used for extending the duration of rental.
The renter undertakes to return the vehicle to the Owner at the date specified on the rental agreement (since only the delivery of the vehicle to the Owner at the agreed place shall terminate the rental) on penalty of which he runs the risk of Civil or Criminal court proceedings, except in a case of “force majeure”.
The Renter undertakes to specify the accurate and full address of this domicile at the beginning off the rental.
Article 4 – PAYMENTS
The persons whose details are set out in the Box “Billing” on front of Agreement and the drivers approved by the Owner undertake jointly to pay the following, in accordance with articles 1200 and following of the Civil Code:
The charge in respect off duration of the rental, the cost “per kilometre” defined by the scale of charges agreed at the outset off the rental provided the renter has complied with the conditions for application of the said scale of charges. If not, the charges at the substituted scale referred to in the agreed scales of charges (made available to the Renter).
The number of kilometres driven shall be that indicated on the odometer installed in the said vehicle by the car manufacturer.
The supplementary charge in respect of delivery charge, if applicable, or if the vehicle is left a place other than the one agreed without the Owner’s written consent, an indemnity based on the number of kilometres or a fixed charge for leaving the car elsewhere than agreed.
Nethertheless, in case of theft and (or) damages, the renter will have to pay all the charges and cost left to the Owner, up to the limit of the Renter’s liability amount (witch can not be waived), duly indicated on the rental contract.
The Renter’s
liability amount, as indicated on the rental contract.
1) In the event of damage:
- The Renter will be liable of any damage with may occur to the vehicle,
to it’s accessory (including the hood), during the rental period
(up to the limit of the Renter’s liability amount).
2) In the event of theft :
- In case of theft the renter will be liable of the whole Renter’s
liability amount if the vehicle is found more than 30 days after registration
of a complaint.
If the vehicle is found within such 30-day period, the Renter shall be liable of the Renter(s) liability amount multiplied by the ratio of the number of days between the complaint and the date of finding to 30 days, and for the amount of charge, if any (up top the limit of the Renter’s liability amount).
Without any keys or documents, the renter will be liable for the payment of an excess in case of responsible damage, theft of the vehicle or without third party presence (full responsibility engaged or shared).
Even if the vehicle JUST4VIP has no damage, a prepaid excess of 1500 euros will be owed by the renter.
If the vehicle is damaged the renter will pay the amount of repairs beyond the first 1500 Euros and the limit of the prepaid Excess duly notified on the rental agreement.
If the Renter or his co-obligator fails to comply with these General Conditions of Rental, he shall also be liable for any damage to the vehicle or for its market value. The same provision shall apply in the event of any exclusion from the insurance cover.
Any Fines, cost, expenses and dues in respect of any infringements of the traffic, parking other legislation for which the Renter of the Owner is responsible in the course of the duration of this agreement, apart from any infringements resulting from an error for witch the owner is responsible.
The renter expressly agrees that failure to make payment of any invoice when due or any other delinquency shall entail an acceleration of maturity of all invoices not matured, and shall allow the owner to demand immediate return of the vehicle during rental.
Any claims relating to the vehicle or to the billing shall be made within 30 days following the date the bill is issued.
Article 5 – INSURANCE (EXTENT – EXCLUSIONS)
1) The
renter and any driver of the vehicle authorised in accordance with
Article 1 above, undertake to participate as insured parties in the
benefit of a car insurance policy, a copy of witch is available for
inspection by the renter at the owner’s main Establishment.
The said policy covers third party loss and damage in accordance with
the regulation in force.
2) The renter hereby approves the said policy and undertakes to comply
with the clauses and conditions thereof. Moreover, the Renter undertakes
to take all necessary steps for protecting the interests of the owner
and the owner’s insurance company in the event of an accident
during the term of this Rental Agreements and in particular ::
- To declare any accident, theft or fire, even partial, to the Owner
in writing, in two days, and any accident in this declaration, the
circumstances, date place and time of the accident, the name and address
of any witnesses the name and address of the Owner of the other vehicle
involved, the registration number of the other party’s vehicle,
the name of his insurance company and the number of policy.
- To enclose with the said declaration, any accident report drawn
up by the police or ”gendarmerie” and any bailiff’s
report if they have been drawn up.
- Not to discuss liability or negotiate or settle damages with third
parties in connection with the accident or the consequences there
of.
3) The vehicle is only insured for the rental period indicated on
the rental agreement. After the said time limit, unless an extension
is agreed to, the Owner declines all responsibility for any accident
that the renter may have caused and he will have to make his own arrangements
with regard there to, subject to the exclusions provided by law.
4) The Owner disclaims any liability for objects left in the vehicle
during and at the end of rental period.
5) In every case, the Renter is obliged to use the utmost care and
attention in the use of the vehicle in order to avoid the occurrence
of blows to the underside or lower bodywork of the vehicle.
This may apply for example in the event of collision with road installations
and sign post or in parking areas or when the ground is in poor condition
or is unlevelled, and the cost of the repairs relating there to shall
be the responsibility of the renter.
A renter who damages a vehicle undertakes to remit a duly completed
declaration on his return or subsequently in the case of “force
majeure”.
Failure to comply with any of the foregoing obligations shall cause
the cover for damage to the vehicle to lapse.
6) The Owner declines all responsibility for accident to third parties
or damage to the vehicle that the renter may cause during the rental
period if the Renter has deliberately supplied the Owner with false
information relating to his identity and/or his address and/or the
validity of his driving licence; indeed, in this case he shall no
longer benefit from the insurance policy.
7) The customer is aware and accepts that the car may be equipped
with a GPS-system and its position can therefore be identified at
any moment by the electronic service.
Article 6 – MAINTENANCE AND REPAIRS
Normal
Mechanical wear and tear is the responsibility of the Owner.
If the vehicle is immobilised the repairs may not be carried out until
the Owner has given his written approval and in accordance with the
Owner’s instructions ; they must be set out in a detailed and
receipted invoice, and defective parts that have been replaced must
be presented with the receipted invoice.
Article 7 - FUEL AND OIL
The Renter
shall bear the cost of Fuel. He shall be required to check at all
times the oil and water levels, and the filing of the gearbox; he
shall be required to provide paid invoices to obtain the related refund.
In default there of, the renter shall bear the cost of engine reconditioning.
Article 8 – ADDIONAL LIABILITY
The Renter
and approved drivers shall be criminally liable for any breaches of
the Highway Code committed while driving the vehicle.
The aforesaid parties expressly permit the Owner to disclose their
identities and addresses to the Police or Gendarmerie on demand.
All rented cars are not allowed to be driven outside the French Territory.
The renter who shall not respect this restriction must be aware that the vehicle will not be insured at all and that he will then be fully liable of any prejudicial consequences.
Article 9 – VALIDITY OF THE AGREEMENT
Unless they made in writing, any amendments made to the clauses and conditions of this Agreement shall be null and void.
Article 10 – SETTLEMENT OF DISPUTES
In the event of any dispute relating to this Agreement and insofar
as the law so allows, the Court within whose jurisdiction the Owner’s
Registered Office is situated shall alone have jurisdiction.