By entrusting this vehicle to you, EUROPCAR ATLANTIQUE makes a commitment to you, and you to them, on the contractual terms and conditions of hire set out below, subject to force majeure as defined under Article 1148 of the French Civil Code. Any deviation from these terms shall require prior consent in writing from the company.
The various notions to which these terms refer shall be construed in accordance withRecommendation 96-02 of the Commission on Unfair Terms, and generally applicablelaw relating to leases (Articles 1713 et seq. of the French Civil Code).
The hire contract is made on a personal basis, and may not be transferred.
“You”, “the hirer”, means the drivers and payers mentioned in the hire contract andthose signing it, who are deemed hirers.
“We”, “the company”, means EUROPCAR ATLANTIQUE, whose corporate name Auto 44 SAS is mentioned in the hire contract.
“The vehicle” means a passenger car or utility vehicle let to you for the duration agreed under the Hire Contract.
“Damage” the term “damage” shall be construed to mean any physical damage to the vehicle, except broken glass and flat of types (pneumatics).
“Broken-windows” any type of damage (other than that caused intentionally by the renter or those persons for whom the renter is responsible) to the windscreen, side, sliding and rear-windows as well as to lenses, rar-wiew mirrors and lights of all types, whichis not the result of a separate accident.
“Theft” of the vehicle shall include vandalism, theft of accessories and attempted theft.
“The Territory” shall mean in which countries the rental vehicle is entitled to be driven, namely: Germany, Austria, Andorra, Belgium, Denmark, Spain (apart from islands and Ceuta enclave), Finland, France, Greece, Ireland, Italy (except categories above SDMN or SDMR), Luxembourg, Monaco, Norway, Netherlands, Portugal, UK, Sweden, Switzerland. Under no circumstaces is the vehicle strictly forbidden in all other countries, areas or territories and in particular, in any island (particularly in Corsica, except for rentals starting there).
Under no circumstance is the vehicle strictly forbidden in all other countries, areas or territories and in particular, in any Island (particulary in Corsica) wich are not listed above.
You are required to give us, with supporting evidence, all the essential information to draw up your hire contract and in particular your identity, address, the category and date of issuance of your driving licence, and the form of payment for your hire as set out.
Any driver must be at least 18 years old and have held a valid driving licence for at least twelve months, corresponding to the vehicle category to be rented.
In addition, vehicles of the Prestige category are subject to specific rental conditions, set out in the “PRESTIGE Line” brochure, which require the renter, amongst other things, to hold two credit cards, one premium and a second one.
In addition, a supplementary charge will be applied for any driver aged less than 25, subject always to his / her complying with the conditions set out above.
A document describing the vehicle’s condition is attached to your contract. You agree to put on it in writing, before departing the station, any apparent damage not described.
If not, we shall be deemed to have delivered a vehicle complying with the statement.
We are unfortunately unable to accept claims relating to apparent damage not reported at the time of departure.
You must return the vehicle in the condition in which you received it. Any reconditioning costs caused by the hirer’s misconduct shall be added to the cost of hire, subject to the terms of the section “Optional contractual waivers”.
You must never drive the vehicle elsewhere than in the territory (see definition, Article 1).
In accordance with the principle of personal penalties, you are responsible for the offences committed during the term of the hire. Accordingly, you are informed that your references may be notified to the competent authorities on demand. In this case, the hirer out will invoice with the tenant the lump sum by communication of 25 (twenty-five) euros including all taxes under overheads. The tenant accepts in an irrevocable way that the amount of these expenses is taken on its bank card.
You undertake to use the vehicle in a responsible manner, and in particular, without being under the influence of alcohol, narcotics or any other substance liable to be detrimental to your driving ability, as laid out in the Highway Code, and in accordance with its intended use, which, for a passenger vehicle, means mainly the carriage of persons on a gratuitous basis, and for a utility vehicle, mainly the carriage of goods.
In the event that vehicle rented is being used in a manner which requires specific regulations to be adhered to, you are responsaible for complying with such regulations for the whole duration of the contract. Furthermore, any infringement of such regulations entails the obligation for the renter to indemnity the Company or any detrimental consequences.
We wish to draw your attention to the size of utility vehicles (indicated on the height being posted inside the cab and shown on the document “Vehicle status”), which requires increased attention for certain manoeuvres (reversing, for instance) and may make it impossible to use some road facilities (tunnels, bridges, etc.), for which the maximum headroom is signposte ahead, in accordance with the legislation.
In particular, you may not use the rental vehicle:
• for rehire;
• for carrying passengers for hire or reward;
• to carry a number of persons in excess of that mentioned on the vehicle’s registration certificate;
• to take part in rallies, contests, or trials, wherever located;
• to give driving lessons;
• to push or tow another vehicle (except vehicles fitted with a tow-hook - maximum load
1,000 kilo);
• on roads unfit for motor vehicles, or the surface or condition of which involve risks for the tires or parts under the vehicle;
• to commit an intentional offence.
The goods and baggage carried in the vehicle, including their packaging and fastening, shall not damage the vehicle or cause unreasonable risks for its occupants.
When you park the vehicle, even for a short stop, you undertake to lock the vehicle and to use the alarm and/or anti-theft devices fitted to the vehicle.
You should never leave the car unoccupied with the keys in the ignition. Failure to return the keys shall render the theft waiver void.
In the event of damage or theft, you must inform the company within 4 hours and forward him as soon as possible within 5 days maximum the accident report or receipt of theft report issued by the authorities, together with the vehicle’s keys and documents.
CAUTION: Article 3-2 lists minimum obligations to be observed during your custody of the vehicle.
During your hire and according to the mileage run, you will be required to perform customary inspections (oil level in excess of 1,000 kilometres, tyre pressure, etc.) in accordance with reasonable and prudent use. The hirer shall remain alert to any signal from the warning lights on the vehicle’s dashboard, and shall take any necessary protective action, such as an emergency stop.
The vehicle is provided to you with tyres in a condition meeting the traffic-legislation requirements. In the event of damage to one of them otherwise than by ordinary wear and tear, latent defect or force majeure, you undertake to replace it immediately at your own expense with a tyre of the same size, type, brand and wear.
In the event of mechanical breakdown or accident, you are provided with an assistance service, included in the price of the hire. The terms of that assistance are set out in the brochure “Insurances, Assistance Conditions and Useful Advice” put at your disposal.
If the mileameter has not run for a reason other than technical malfunction, the hirer shall pay for mileage on the basis of 500 kilometres per day.
Any modification to, or mechanical interventions on the vehicle is forbiden without the prior authorisation of the rental company.
The hirer agrees to return the vehicle to the company on the date specified by the hire contract, under penalty of civil and criminal legal proceedings.
A hire contract shall have a maximum duration of 30 days, including extensions.
The hire duration shall be determined by indivisible periods of 24 hours, starting from the time when the vehicle is made available; you are allowed, however, a 29-minute tolerance at the end of the hire before a new period of 24 hours is applied.
If you wish to keep the vehicle beyond the duration specified in the contract:
a) to the EUROPCAR check-out station as a priority, or otherwise, to the Europcar agency specified by the check-out station (or, solely for renters who are also holders of a Europcar payment to card, to the Europcar station that will be indicated to you by the original check out station) ;
b) to carry out a check on the vehicle, together with a Europcar employee ;
c) to pay the rental costs and any additional charges due at the close existing contract ;
d) and to sign a new contract.
The renewal of a monthly contract is strictly subject to the preceding provisions. Furthermore, non-observance by the Renter of these provisions for monthly rentals will render him/her automatically liable for payment to the Lessor of a contractual penalty of 50 (fifty) euros including VAT for each day the vehicle has been kept beyond the expiry date of the contract, in addition to the cost of the rental and without prejudice, concerning the renter, to any civil or penal proceedings which may be opened against him/her on the grounds of non-return of the vehicle.
The hire shall end upon return of the vehicle, its keys and documents at the company’s counter, to a uniformed EUROPCAR agent. In no event will you return the keys to persons present on the car parks and claiming to be EUROPCAR agents.
In the event that the vehicle were to be returned without its keys, the cost of their replacement will be charged to the renter, as well as of bringing the vehicle back .
The company shall bear no liability for property left in the vehicle at the end of the hire.
The handing-over of the vehicle’s keys, apart from the opening hours, can be carried out in the letter-box.
CAUTION : The deposit of the keys in the letter-box does not put end to the Hire contract. Only transfer of possession of the vehicle, documents and keys to the agent during the agency’s opening hours shall put an end to the hire contract.
Reminder: you are liable until the end of the hire contract.
Exceptions: if the vehicle is confiscated or seized, the hire contract may be terminated as of right as soon as the company is informed by the judicial authority or hirer.
Any use of the vehicle detrimental to the company shall be cause for the latter to terminate the contract as of right.
In the event of theft, the hire contract shall end upon delivery to the company of the complaint lodged with the appropriate authorities by the hirer.
In the event of accident, the hire contract shall end upon delivery to the company of the accident report duly completed by the hirer and any third party concerned.
Hirers shall be jointly liable for the cost of hire.
The estimated cost of hire and services is payable in advance. It includes: the hire fee, computed according to the prices in force at the time of the contract’s signature, any fees or costs for options accepted by the hirer, the various contributions relating to supplementary insurance or waivers taken out ; plus 20% which add the deposit and the evaluation of the fuel service specified in the “Rental’s Guide” brochure. For any payments made by bank card, the main driver must be the cardholder. In any case a pre-authorisation will be obtained for the deposit at the time of check-out. At check-in, and apart from pre-paid rentals, the invoice amount will automatically be charged to the card which was presented, unless the renter presents another means of payment accepted by the Company. The client accepts to be charged on the same account the amount of excess charges and other charges in case of damage or theft of the hired vehicle.
If the due date of payment shown on the invoice has expired, the renter will be charged a penalty on the amount due calculated at the legal interest rate in force increased by 10 points. The hirer explicitly agrees :
1 - that failure to make a single payment when due or delinquency shall entail immediate maturity of all outstanding bills, and the cancellation by right of the contact ;
2 - the company to claim immediate return of vehicles currently hired.
The prices applicable to the hire, supplementary services, and optional waivers or insurance shall be those in force at the time of the contract’s signature, and based on the information you have provided (duration, return station, etc.). Any change of such information shall entail application of a different rate, corresponding to the revised conditions.
The vehicle is provided to you with a full tank. You shall return it in the same condition. If not, you will be invoiced for the refuelling charge and for the missing fuel.
The amount of the deposit shall depend on the category of vehicle hired and on the supplementary waivers taken out. It is intended to cover the damage suffered by the hirer through damage or theft of the vehicle. Its amount is specified in the “Rental’s Guide” brochure and, at the time of hire, on your contract.
If the hirer has not taken out waivers charge (theft and/or damage), the deposit shall amount to the hirers’ maximum liability, according to the category of vehicle made available, as specified in the “Rental’s Guide” brochure.
If the hirer has taken out waivers charge for damage (CDW mentioned or ticked on the contract) or theft (TW mentioned or ticked on the contract), only a deposit equal to the non-reimbursable excess charge amount to be borne by the hirer in the event of theft or damage will be required.
The requirement for a deposit may be reduced or eliminated entirely, depending on the subscription of optional contractual waivers which reduce the Non-Waivable Excess
(cf. Art. 7-1 below).
The deposit shall accrue to the company in the event of damage caused by an identified third party in the absence of a liable Third party or in event of theft of the vehicle (subject to the contractual waivers specified below), to the extent of the damage suffered. If there is no damage and/or theft, the deposit actually paid shall be refunded at the end of the hire, subject to
the 21-day cashing period for checks.
A foreign renter holding a Visa or MasterCard credit card (with a base currency other thran the Euro) can benefit from the currency conversion facility into the card’s base currency when paying for the rental with his / her card.
The EUROPCAR rental agent offering this facility to the renter will enter the customer’s reply into the system and the rental agreement will specify the option chosen. In that case, the rental company will take care of the currency conversion, using an exchange rate based on the Reuters index, with 2,75 % exchange fees.
If the renter wishes to change his or her mind, he can do so by making the appropriate declaration when returning the vehicle to the EUROPCAR counter and will be given his final invoice in Euros.
If for any technical, reason, the rental company were to be unable to provide this service or if a foreign renter holding a VISA or MasterCard credit opted to pay in Euros, then the conversion into the base currency of the card would be carried out according to the conditions of the cardholder’s bank.
You are responsible for the vehicle in your custody.
In the event of an accident, whether with or without the involvement of an identified Third Party, you are required to fill in an accident report form and to give it to your EUROPCAR rental station for the delay not exhedant not 5 (five) working days after the accident. If this has not been done, and should the Company be implicated in a claim made directly by a Third Party’s insurer, you will be charged with an administration fee of 120 euros. In any event, you will be liable for an obligatory administration fee of 50 (fifty) euros (including VAT), which will be reimbursed if your absence of liability is confirmed. These charges will be added to any amount invoiced under the excess/non-waivable charge or the reduced excess/non-waivable (see Article 7-1 below), even over and above the maximum amount applicable to the latter, if the case may be, and are due even if you have subscribed to the total excess waiver (in particular within the scope of the Super Cover SLDW or of a pack including such cover.
Upon the end of the hire, in the event of damage or theft, you shall be charged an amount equivalent to the non-waivable amount (see guide of the rent). If the actual amount of damage to the company exceeds that amount, you shall be billed for the difference.
If the damage to the company is mitigated (vehicle recovered within 60 days, contributory or complete liability of a third party, etc.), the hirer(s) shall be reimbursed to the extent of that mitigation.
This liability shall be limited if you have taken out the “limited liability” waivers for damage or theft specified under Article 7.
CAUTION: ALL THESE WAIVERS APPLY ONLY IN THE TERRITORY (SEE LIST OF COUNTRIES IN 1 - DEFINITIONS), DURING THE TERM OF THE HIRE CONTACT AND SUBJECT TO COMPLIANCE WITH ARTICLES 2, 3-2, AND 4-2 OF THESE TERMS.
To bring down your liability to the level of the Non-Waivable Excess, you can subcribe to the optional contractual waiver to cover damage to (“CDW”) and/or theft of (“TW” or all-in damage and theft cover “SLDW”) the rental vehicle, which are mentioned or ticket on the contract, or any other identical or similar all-in cover, if it is not already included in our rates.
You also have the possibility of subscribing to additional optional waivers covering damage and theft, which enable you to reduce the amount of the Non-Waivable Excess or, depending on the type of vehicle (car, van, prestige), eliminate it completely.
The additional covers, entitled “Super Garantie Dommages & Vol” (SLDW), “Pack Sérénité” (“SER Pack”), “Pack Sérénité Plus” (SERP-PP) or any other all-in product which may subsequently be put on offer, are duly explained in the “Rental Guide” which their nature, scope and applicable conditions, in particular the Excess amounts.
The above-mentioned covers are taken out at the start of the rental against payment of a fixed fee per rental day and this is confirmed by the corresponding abbreviation being present or ticket on the contract, as well as an indication of any applicable residual excess.
If you bear no responsibility whatsoever, and upon refund from the liable third party, this will be refunded to you in full.
These covers, even if they provide for au total elimination of the excess, do not cover the damages “ height of box (cash desk)” or “low of box (cash desk)”, in accordance with the terms of Article 7-2 below, which remains fully applicable.
No cover is provided in respect of damage to or theft of goods carried in the vehicle.
Depending on the level of cover taken out, you may be charged of each damage event with the Non-Waivable Excess or Reduced Non-Waivable Excess, the level of which varies according to the vehicle category and is indicated on the contract at the start of your rental and in the “Rental Guide”, available in all Europcar stations. If the actual damage amount incurred by the Company is lower than this amount, you will be charged the lower of the two.
If you bear nos responsibility whatsoever, and upon refund from the liable third party, the amount charged will be refunded to you in full.
Drivers not specified in the hire contract, for whom the hirer shall remain liable, are not entitled to the benefit of the collision damage or theft waivers for the vehicle.
Failure to comply with any of the terms explicity set out under Articles 2, 3-2 or 4-2 hereof shall cause the contractual waivers taken out to be voided. The hirer or hirers shall then be liable for the full cost of claim in accordance with generally-applicable law governing liability.
All our vehicles are covered by a Third-Party Liability policy, in accordance with the regulations in force, taken out with MTA under the Policy N° 75000600 734 R. They are also covered by an assistance contract.
You may also take out optional driver, passenger and personal effects insurance.
The conditions and limits of the obligatory or optional insurance policies, of the contractual covers, and those of the assistance contract are set out in the brochure entitled “Insurances, Assistance Conditions and Useful Advice”, which is put at renters’ disposal in all the Europcar rental stations.
The contract’s image shall be stored on a physically unalterable medium. The parties agree that this image shall have the legal validity of an original document.
The Courts at the location of the company’s principal office shall have jurisdiction, to the extent permitted by law, over any dispute among tradespeople arising out of this agreement and which cannot be settled amicably.
Act dated January 6, 1978
Information collected by the Lessor is required in order to facilitate rentals and associated operations (bookings, invoicing...). It is intended for use, in whole or in part, by the companies belonging to the Lessor’s Group, as well as its franchisees and partners.
You have a right of access to the information which concerns you specifically and the right to request its correction or its elimination by writing to
Europcar Atlantique- BP 90315 - 44703 Orvault Cedex 03
It is stipulated that the Lessor has properly declared to the CNIL the procedures corresponding to “Management of persons subject to risk” which enable the companies belonging to the Lessor’s Group to decline rental to such persons.
Furthermore, in its capacity as member of the Rental Branch of the “Conseil National des Professions de l’Automobile (CNPA)”, certain data, linked to the rental contract, can be sent with a view to being shared amongst companies members of this Branch, enabling them legitimately to decline any further rentals. In accordance with the proceedings of the CNIL No. 2006-235 of November 9th 2006, you will be informed in advance if you are concerned by such measures and will be entitled to oppose such inscription, to access, to rectify and/or sppress your personal data by contacting the Rental Branch of the CNPA (50 rue Rouget de Lisle - 92158 Suresnes Cedex).
“I hereby acknowledge being fully aware of the terms and conditions indicated in this document, with which I promise to comply”.
Date and signature(s) of hirer(s)
Name :
Date :
Auto 44 - Dec 2009
