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GENERAL RENTAL CONDITIONS AUTOLAGON

GENERAL RENTAL CONDITIONS AUTOLAGON

Rental by SAS AUTOLAGON, or one of its independent partners AUTOLAGON network (hereafter the “Rental Company”) and their equipment and accessories, under the brand “AUTOLAGON” or AUTOLAGON network” or any other brand deposited by AUTOLAGON, is exclusively subject to these General Rental Conditions (the “GRC”) and the particular conditions resulting from the contractual document (“the Rental Contract”) given to the renter (“the Client”).
THE CUSTOMER ACKNOWLEDGES TO HAVE RECEIVED, UNDERSTOOD AND ACCEPTED THE GRC AT THE LATEST DURING THE HANDING OVER OF THE RENTAL CONTRACT AND THE KEYS OF THE VEHICLE AT THE RENTAL STATION DESK.
This acceptance of the GRC and of the Rental Contract is confirmed by the signature which the Client should input into the electronic terminal. The signature will be stored electronically together with the Rental Contract on physically unalterable files. It is further agreed between the parties that the image of the signatures and that of the Rental Contract shall have the legal equivalence of an original document. In some cases ( regular clients, professional clients, etc), a signature is not systematically requested at the time of the conclusion of each rental agreement, the parties then agree that the acceptance of the GRC’s from the previous rental agreements or a possible framework contract existing between the parties.
THE CURRENT GRC SPECIFIES IN PARTICULAR THE CASES IN WHICH THE RENTAL COMPANY ACCEPTS A LIMITATION AND / OR EXCLUSION OF THE LIABILITY OF THE CLIENT OR OF ANY AUTHORISED DRIVER (THE “OPTION OF LIMITED LIABILITY “).

ARTICLE 1 – Reservations and rental period

1.1 Reservations

A reservation applies solely to a category of vehicles and the corresponding price chosen by the customer, not on the make and model of the vehicle.
If the Client fails to present themselves by the agreed date and at the latest sixty (60) minutes after the time indicated on the reservation, AUTOLAGON is not obliged to maintain it. Cancellations may be made at any time prior to the start of the rental unless otherwise specified for pre-paid rentals (article 14).

1.2 Duration and renewal of the rental

The Rental Contract has a fixed term, as defined at the time of booking and fixed in the Rental Contract, and ends on the agreed date and time. As the renter is obliged to respect the obligations entered into with the vehicle manufacturers of his fleet vehicles, the Client may at any time be requested to substitute the vehicle.
At the end of the period determined in the Rental Contract, the agreement can be renewed at the request of the Client and with the agreement of the renter. In order to obtain a renewal, the Client is obliged to present himself in an agency with the vehicle in order to conclude a new Rental Contract at the current rate.
If the Client fails to present themselves at the agency for a renewal and in the event of failure to return the vehicle at the agreed place and at the dates and times indicated in the Rental Contract, the Rental Contract will be terminated and any optional limitations of liability and insurance concluded at the beginning of the rental no longer apply. The Client and any authorised driver shall be jointly and fully liable for payment of compensation to the Rental Company, to the amount equal to the daily rental fee as displayed in the agencies of the Rental Company, except in the case where the failure of restitution is not the fault of the Client or the authorised driver.
The Client must inform the Rental Company immediately of any event preventing him from returning the vehicle at the agreed date and time.
The Client is informed that, if the vehicle is not returned to the agreed place and the date agreed in the Rental Contract, they are liable to legal action for misappropriation.

ARTICLE 2 – PERSONS AUTHORISED TO DRIVE THE VEHICLE

In principle, the Client is the only person authorised to drive the vehicle. If the Client wishes that one or more other persons may use the rented vehicle under the terms of the Rental Contract and the GRCs, such other person(s) shall first satisfy the rental conditions under the same conditions as the Client with respect to the Drivers license and the presentation of a valid ID document (“Authorised Driver”). The Clients are reminded that any subletting, loan of vehicle to a person not authorised by the Rental Company is prohibited and causes the loss of all benefits of the insurance cover.

ARTICLE 3 – DOCUMENTS TO PROVIDE

3.1

At the time of delivery of the vehicle, the Client and, where applicable, any Authorised Driver must present a driver’s license valid in France, enabling them to drive the rented vehicle. Depending on the category of the rented vehicle, the Rental Company may require that the Client and any Authorised Driver have held a driver’s license for a certain period of time. The Rental Company reserves the right to subject the rental of a vehicle to other conditions.
Companies that have concluded a commercial management contract with the Rental Company must verify for themselves whether the Licensed Drivers are in possession of a valid driver’s license.

3.2

As payment by check is excluded, the Client must present at the time of delivery of the vehicle, a bank card or an international credit card valid in his name in order to allow the Rental Company to check his solvency. The bank card or credit card presented by the Client at the time of delivery of the vehicle must remain valid until the return of the vehicle.

3.3

In the event of a renewal of the contract, under the conditions specified in Article 1.2, the Rental Company will carry out a new verification of the solvency of the Client by means of the credit card presented initially.
If the result of this verification reveals a lack of solvency, the Rental Contract is terminated automatically and the Client must immediately return the vehicle.

ARTICLE 4 – PROPERTY OF THE VEHICLE AND ITS ACCESSORIES

The vehicle and its accessories are the property of either the Rental Company or a third party. In any event, the Client and any Authorised Driver are not entitled to sub-lease the vehicle and its accessories or to make any alterations or repairs to the rented vehicle and its accessories except as provided In Article 6 below.

ARTICLE 5 – DELIVERY OF THE VEHICLE

The vehicle and its accessories are made available to the Client in perfect working order, subject to defects that are not apparent. The Rental Contract indicates any apparent defects in the vehicle and its accessories, the mileage and fuel level. THE CLIENT IS RESPONSIBLE FOR VERIFYING THE STATE OF THE VEHICLE AND THE INDICATIONS CONTAINED ON THE RENTAL CONTRACT AT THE TIME OF THE DELIVERY OF THE VEHICLE. Before departure, the Customer must inform the Rental Company of apparent defects that are not listed and any discrepancies in mileage or fuel level in order that the Rental Company may rectify the information contained in the Rental Contract. IN THE ABSENCE OF SUCH INFORMATION BEFORE THE CLIENT LEAVES WITH THE VEHICLE, NO COMPLAINTS FOR APPARENT DEFECTS MAY BE TAKEN INTO ACCOUNT.

ARTICLE 6 – MAINTENANCE

The Client and any Authorised Driver undertake to take care of the rented vehicle and its accessories, in particular to check the engine and water levels at regular intervals and to ensure that the vehicle remains in good working condition. Roadworthy throughout the rental period.
The Client or any Authorised Driver is prohibited from making repairs to the rented vehicle without the express prior consent of the Rental Company.
In the event of damage to one or more tyres and / or rims during the rental period, the Client or any Authorised Driver is obliged to proceed at his own expense and after obtaining the Rental Company’s agreement to repair or exchange the deteriorated tyre and / or rim against an identical new model (make, profile, size and speed index). In such a case, the Client or any Authorised Driver may not claim damages for any disturbance of enjoyment, except in the case of a hidden defect or failure to deliver a vehicle in conformity, it is for the Client or the Authorised Driver to provide proof of this.

ARTICLE 7 – CONDITIONS FOR THE USE OF THE VEHICLE

The Client or any Authorised Driver is required not to use or let the rented vehicle be used:

  • off-road,
  • in the case of transport by inland waterway or by sea,
  • for the carriage of goods for commercial gain, except for commercial vehicles
  • for the transport of persons for commercial gain,
  • for driving lessons,
  • for tests, competitions or car races,
  • by any person under the influence of alcohol (level of alcohol higher than the legal permitted rate) or any prohibited substance (narcotics, drugs, etc.),
  • to carry a load or a number of passengers above the manufacturer’s specifications,
  • for the transport of any flammable, explosive or radioactive material (oils, mineral spirits, etc.) which can damage the vehicle or cause an abnormal risk to its occupants and / or third parties,
  • to push or tow another vehicle,
  • for any subrental,
  • to travel in areas prohibited to the public (airport, military, etc.),
  • for the purpose of intentionally committing an offense.

In general, the Client and any Authorised Driver are required to comply with the provisions of the Highway Traffic Act/code and to refrain from any reckless conduct.
The Client and any Authorised Driver also undertake to keep the keys of the vehicle in their possession, to use the anti-theft device, to close the vehicle and to keep the vehicles papers with them.
THE RENTAL COMPANY RECOMMENDS THAT THE CLIENT AND ALL AUTHORISED DRIVERS MAKE THEMSELVES AWARE OF THE DIMENSIONS OF THE VEHICLE (IN PARTICULAR UTILITY VEHICLES). ANY INCORRECT AWARENESS OF THE DIMENSIONS OF THE VEHICLE IN REGARD TO HIGHWAY CONDITIONS/INDICATIONS CAUSING LOSS OR DAMAGE TO THE VEHICLE, WOULD RESULT IN THE EXCLUSION OF THE OPTIONAL LIMITATIONS OF LIABILITY PROVIDED FOR IN ARTICLE 10.2.
EVEN IF THE CUSTOMER HAS ONE OR MORE OF THE OPTIONAL LIMITATIONS OF LIABILITY PROVIDED FOR IN ARTICLE 10.2, ANY USE OF THE VEHICLE CONTRARY TO THIS ARTICLE MAKES THE CLIENT OR ANY AUTHORISED DRIVER RESPONSIBLE FOR ANY DIRECT AND INDIRECT DAMAGES, COSTS AND CONSEQUENT LEGAL COSTS.

ARTICLE 8 – CONDITION AND RETURN OF RENTED VEHICLE

Le Client ou tout Conducteur autorisé devra restituer le véhicule loué, ses clés et ses papiers au plus tard aux date et heure stipulées dans le Contrat de location, dans son état initial décrit au Contrat de location, sauf usure normale du véhicule. Sauf restitution en dehors des heures d’ouverture d’une agence AUTOLAGON ou refus du Client, un examen contradictoire du véhicule a lieu lors de la restitution et fait l’objet d’un protocole de retour signé par le Client ou tout Conducteur autorisé. Une copie de ce protocole sera remise au Client à sa demande. Dans certaines agences, l’établissement du protocole de retour est effectué au moyen d’un terminal électronique. La signature du Client sur ce terminal électronique sera stockée électroniquement ensemble avec le protocole de retour sur des supports physiquement inaltérables. Il est convenu entre les parties que l’image des signatures et celle du protocole de retour auront la valeur juridique d’un document original.
SI LE CLIENT OU TOUT CONDUCTEUR AUTORISE SOUHAITE PROCEDER A UNE RESTITUTION EN DEHORS DES HEURES D’OUVERTURE D’UNE AGENCE AUTOLAGON, IL LE FAIT A SES RISQUES ET PERILS.
Ainsi, même si le véhicule est garé par le Client ou tout Conducteur autorisé sur le parking de l’agence et que les clés ont été le cas échéant déposées dans la boîte aux lettres de l’agence, le véhicule reste sous la responsabilité du Client ou de tout Conducteur autorisé jusqu’à l’ouverture de l’agence et la prise en charge du véhicule par le Loueur.
DANS CE CAS AINSI QUE DANS L’HYPOTHESE OÙ LE CLIENT REFUSE DE PROCEDER A UN EXAMEN CONTRADICTOIRE DE L’ETAT DU VEHICULE, LES CONSTATATIONS REALISEES PAR LE SEUL LOUEUR SUR L’ETAT DUDIT VEHICULE SERONT OPPOSABLES AU CLIENT AINSI QU’A TOUT CONDUCTEUR AUTORISE.
Le Loueur ne saurait être tenu pour responsable des biens oubliés par le Client, tout Conducteur autorisé ou occupant du véhicule dans celui-ci.

ARTICLE 9 – INSURANCE

The Client or any Authorised Driver must return the rented vehicle, keys and papers by the date and time stipulated in the Rental Contract, in its initial condition as described in the Rental Contract, except for normal wear and tear of the vehicle. Except for vehicles returned outside the opening hours of an AUTOLAGON agency or refusal of the Client, a comparative examination of the vehicle takes place during the return and is the subject to a return protocol signed by the Client or any Authorised Driver. A copy of this protocol will be provided to the Client at his request. In some agencies, the return protocol is established by means of an electronic terminal. The signature of the Client on this electronic terminal will be stored electronically together with the return protocol on physically unalterable supports. It is agreed between the parties that the image of the signatures and that of the return protocol will have the legal value of an original document.
IF THE CLIENT OR ANY AUTHORISED DRIVER WISHES TO PROCEED WITH A RETURN OUTSIDE THE OPENING HOURS OF AN AUTOLAGON AGENCY, IT SHALL BE MADE AT THE CLIENTS OWN RISK AND DANGER. Even if the vehicle is parked by the Client or any Authorised Driver in the car park of the agency and the keys have been deposited in the agency’s mailbox, the vehicle remains under the responsibility of the Client or of any Authorised Driver until the opening of the agency and the taking over of the vehicle by the Rental Company. IN THIS CASE AND IN THE CASE WHERE THE CUSTOMER REFUSES TO CARRY OUT A COMPARATIVE EXAMINATION OF THE STATE OF THE VEHICLE, THE FINDINGS MADE SOLELY BY THE RENTAL COMPANY AS TO THE STATE OF THE VEHICLE WILL BE OPPOSABLE TO THE CLIENT AS WELL AS ANY AUTHORISED DRIVER . The Rental Company cannot be held responsible for property forgotten by the Client or any Authorised Driver or occupant of the vehicle.

9.1 Compulsory insurance – Civil liability (Article L.211-1 of the Insurance Code)

Any vehicle rented out by the Rental Company is covered by civil liability insurance in accordance with the current regulations.
Pursuant to Article R.211-5 of the Insurance Code, “the insurance obligation applies to the bodily injury or damage to property resulting from traffic:

  • (1) accidents, fires or explosions caused by the vehicle, the accessories and products used, the objects and substances it carries;
  • (2) the dropping or fall of such accessories, articles, substances or products “.

Subject to the fulfilment of their obligations under these GRC’s, the Client and any Authorised Driver are therefore guaranteed against the financial consequences of their civil liability for bodily injury or property damage caused to third parties (including passengers) and in the realisation of which the rented vehicle is involved.
The Client or any Authorised Driver, in the position of driver at the time of the accident, is not covered by this guarantee. Damage sustained by the vehicle is also not covered by the compulsory civil liability insurance. Civil liability insurance does not apply to:

  • damages caused by the Client or any Authorised Driver to their attendants or employees with the rented vehicle,
  • damage suffered by persons transported when their transport is not carried out under sufficient safety conditions as described in Article A.211-3 of the Insurance Code,
  • if, at the time of the accident, the driver’s license of the Client or that of any Authorised Driver, while driving, is not valid or has been withdrawn,
  • in general, to events excluded from the guarantee by Articles R.211-10 and R.211-11 of the Insurance Code,
  • in the case of intentional or fraudulent misconduct within the meaning of Article L.113-1 of the Insurance Code,
  • in case of use of the rented vehicle for tests, competitions or car races,
  • in the event of attempted suicide or suicide,
  • in the event of attempted fraud,
  • in case of intentional misrepresentation in the information indicated on the Rental Contract or the amicable agreement.

In the event of non-compliance with the obligations included in the GRC, the Client or any Authorised Driver is required to return to the Rental Company any sum or indemnity that the Rental Company would have paid to a third party on behalf of the Client in the event of death or personal injury and / or material damage suffered by the third party.

9.2 Driver / Passenger Insurance (“Personal Accident Insurance” – “PAI”)

Upon entering into the Rental Contract the Client benefits from insurance guarantees covering the physical injury of the driver and passengers of the vehicle in accordance with the particular conditions communicated to the Client prior to the conclusion of the Rental Contract.
These warranties do not apply to:

  • in the case of intentional or fraudulent misconduct within the meaning of Article L.113-1 of the Insurance Code,
  • in the event of the negligence or recklessness of the Client or any Authorised Driver,
  • in the event of a violation of the provisions of the Highway Traffic Act,
  • in case of use of the rented vehicle contrary to the stipulations of article 7 of the present GRC, namely in particular the use:
  • off-road
  • in the case of transport by inland waterway or by sea,
  • for the carriage of goods for commercial gain, except for commercial vehicles
  • for the transport of persons for commercial gain,
  • for driving lessons,
  • for tests, competitions or car races,
  • by any person under the influence of alcohol (level of alcohol higher than the legal permitted rate) or any prohibited substance (narcotics, drugs, etc.),
  • to carry a load or a number of passengers above the manufacturer’s specifications,
  • for the transport of any flammable, explosive or radioactive material (oils, mineral spirits, etc.) which can damage the vehicle or cause an abnormal risk to its occupants and / or third parties,
  • to push or tow another vehicle,
  • for any sub rental,
  • to travel in areas prohibited to the public (airport, military, etc.),
  • for the purpose of intentionally committing an offense.
  • in the event of attempted suicide or suicide,
  • if driving with an expired, suspended or retired driver’s license,
  • in the absence of a declaration of the circumstances of the accident or the fire provided for in Article 11.2 of the present GRC,
  • in the event of a declaration of the circumstances of an accident or fire not in conformity with the provisions of Article 11.2 of the present GRC,
  • in the event of attempted fraud,
  • in the event of deliberate misrepresentation in the Rental Contract, in the declaration of the circumstances of an accident or fire or in the agreed insurance report established after an accident,
  • for damage resulting from the use of non-compliant fuel,
  • in case of non-payment of the rental price and its accessories.

9.3 Period of validity and scope of insurance

The guarantee granted by the Rental Company, if any, under “Personal Accident Insurance” shall be valid only for the period of rental stipulated in the Rental Contract and for the countries mentioned in the Rental Contract as being authorised for circulation. After this period, and unless the Rental Contract has been formally extended by the Rental Company prior to the occurrence of any accident, the Client and any Authorised Driver lose the benefit of this guarantee.

ARTICLE 10 – LOSS AND DAMAGE CAUSED TO THE VEHICLE

10.1 Principle of liability of the Client and any Authorised Driver

THE CLIENT AND ANY AUTHORISED DRIVER IN ACCORDANCE WITH ARTICLE 1732 OF THE CIVIL CODE ARE ANSWERABLE FOR THE LOSS OF AND ANY DAMAGE CAUSED TO THE VEHICLE DURING THE HIRE.
The liability of the Client or any Authorised Driver may include the amount of repairs assessed by an appraisal expert or charged by the garage, the market value of the vehicle, compensation for loss of use of the vehicle and any other associated expenses related to the loss or damage caused to the rented vehicle during the rental period (such as towing charges, vehicle storage costs, appraisal fees, expert’s fees, administration fees, etc.)as well as cleaning costs necessitated by an excessively dirty vehicle.
The claim invoice will include repair costs or expenses assessed by the appraisal report, expert’s fees, capital costs, towing costs, impoundment expenses and AUTOLAGON’S administrative handling charges.
ATTENTION: The Rental Company vehicles are not systematically covered by insurance guarantees other than those resulting from the insurance. 9.3 Period of validity and scope of insurance or damage caused to the vehicle itself may be detrimental to the Client and any Authorised Driver, who may be required to reimburse the market value of the vehicle at the time of the loss/accident.
By paying a supplementary fee for Limited Liability, the Rental Company agrees that the liability of the Client or any Authorised Driver is limited and / or excluded (“Optional Limitations of Liability”).

THESE OPTIONAL LIMITATIONS OF LIABILITY, WHICH ARE CONTAINED IN ARTICLE 10.2 BELOW, ARE NOT INSURANCE.

10.2 Optional Limitations of Liability

The application of Optional Limitations of Liability is subject to the Clients compliance with the provisions of the GRC.

10.2.1 Limitation of Liability in the Event of theft (“Theft Protection” – “LDW”)

By purchasing the limitation of liability theft protection coverage upon entering into the Rental Contract, the Client agrees to pay a daily supplement (in twenty-four (24) non-fractional hour periods) at the current rate . He / she and any Authorised Driver shall then, limit his / her liability in the event of theft up to an amount specified in the Rental Contract, potentially up to a total exemption under the additional option subscribed (“Theft Franchise “).
Windscreen damage is not covered by LDW Protection.
In the event of damage, this limitation of liability applies to the Client’s liability for damage to the vehicle and its accessories and equipment not resulting from theft.
THE FRANCHISE AMOUNT WILL BE CHARGED BY THE RENTAL COMPANY FOR EACH DAMAGE IF THESE ARE NOT LINKED.

10.2.2 Limitation of liability for damage to windscreen/windows

As is apparent from Article 10.2.1 of the present GRC, damage to the windows is excluded from the Damage Protection.
In purchasing optional windscreen protection when entering into the Rental Contract, the Client agrees to pay a daily supplement (in twenty-four (24) non-fractional hour periods) at the current rate. He/she and any Authorised Driver are then exempt to liability for damage to the vehicle’s windows (windscreen, side windows, rear window) as well as the wing mirrors and interior mirrors.

10.2.3 Causes of Exclusion from the Limitation of Liability “Theft Protection – LDW” and “Window Protection”

These Limitations of Liability do not apply:

  • in the case of intentional or fraudulent misconduct within the meaning of Article L.113-1 of the Insurance Code,
  • in case of negligence or recklessness of the Client or the Authorised Driver (eg keys left in the vehicle),
  • in the event of a violation of the provisions of the Highway Traffic Act,
  • in case of use of the rented vehicle contrary to the stipulations of article 7 of the present RC, namely in particular the use:
    • off-road,
    • for the carriage of goods for commercial gain without the written authorisation of the Rental Company,
    • for the transport of persons for personal gain,
    • for driving instruction, for testing, competition or racing,
    • by any person under the influence of alcohol (blood alcohol level higher than the legal permitted rate) or any prohibited substance (narcotics, drugs, etc.),
    • to carry a load or a number of passengers above the manufacturer’s specifications.
    • for the transport of any flammable, explosive or radioactive material (oils, mineral spirits, etc.) which may damage the vehicle or cause an abnormal risk to its occupants and / or third parties,
    • to push or tow another vehicle,
    • in the countries prohibited by the Rental Contract,
    • for any sub rental
    • to travel in areas prohibited to the public (airport, military, etc.),
    • for the purpose of intentionally committing an offense.
  • in the event of attempted suicide or suicide,
  • if driving with an expired, suspended or retired driver’s license,
  • in the absence of a declaration of the circumstances of the accident or the fire provided for in Article 11.2 of the present GRC or of the absence of a declaration of the circumstances of theft provided for in Article 11.3 of the present GRC,
  • in the event of a declaration of the circumstances of an accident or fire not in conformity with the provisions of Article 11.2 of this GRC or in a statement of the circumstances of theft not in conformity with the provisions of Article 11.3 of the present GRC,
  • in the event of attempted fraud,
  • in the event of intentional misrepresentation in the rental contract, in the declaration of circumstances of any accident, fire or theft, or in the agreed insurance report established after an accident,
  • for damage not considered to be a fire (ie burning with flames), such as, for example, cigarette burns,
  • for damage to the goods of the Client or Authorised Driver carried in the vehicle,
  • for interior degradation,
  • for damage resulting from the use of non-compliant fuel,
  • in case of non-payment of the rental price and its accessories,
  • for damage to the upper parts of the vehicle, the upper parts being defined as body parts located above the upper limit of the windscreen,
  • for damage caused to the lower parts of the vehicle for any reason whatsoever, the lower parts being parts beneath the chassis,
  • in case of theft of the vehicle by the employees of the Client or of any Authorised Driver, the members of their family (see article 311-12 of the Penal Code) or persons living under their roof,
  • theft of the goods of the Client or the Authorised Driver carried in the vehicle.

GIVEN THESE EXCLUSIONS IT IS REPEATED THAT THE RENTAL COMPANY RECOMMENDS THAT THE CLIENT AND ANY AUTHORISED DRIVERS ARE AWARE OF THE SIZE AND CLEARANCE OF THE VEHICLE (PARTICULARLY COMMERCIAL VEHICLES), ANY MISJUDGEMENT OF THE CLEARANCE IN RELATION TO ROAD INFRASTRUCTURE CAUSING THE LOSS OR DAMAGE TO THE VEHICLE, WILL RESULT IN THE EXCLUSION OF ANY OPTIONAL LIMITATION OF LIABILITY AS SPECIFIED ABOVE.

10.2.4 Duration and application of Limitations of Liability

The optional Limitations of Liability are only in force for the rental period stipulated in the Rental Contract. After such period and unless the extension of the Rental Contract has been formally agreed by the Rental Company prior to the occurrence of the accident, the Client and any Authorised Driver shall lose the benefit of the Optional Limitations of Liability as stated in Article 1.2 of these GRC’S.

ARTICLE 11 – OBLIGATIONS IN THE EVENT OF AN ACCIDENT

11.1 General obligations

In the event of any accident, theft, attempted theft, fire, collision with a wild animal or any other damage to the vehicle (the “incident”), the Client or any Authorised Driver must take all measures necessary to protect the interests of the Rental Company and, where appropriate, of the insurance company, namely:

  • notify the Rental Company immediately or within twenty-four (24) hours of the incident or discovery of any of the aforementioned claims or damages,
  • if necessary, inform the Police department or Gendarmerie services,
  • complete the application for a declaration issued by the Rental Company’s claims department (“the Declaration”), which must be filled in and returned to the Rental Company as soon as possible, under penalty of losing the insurance cover specified in Article 9 and the Optional Limitations of Liability referred to in Article 10.

The declaration issued by the Rental Company’s claims department must be returned as soon as possible and must specify:

  • the circumstances, date, place and time of the incident,
  • the names and addresses of potential witnesses,
  • where applicable, the registration number of any third party vehicle involved, the name and address of its owner, the name of the insurance company and the insurance policy number.

11.2 Special obligations in the event of an accident

In the event of an accident, the Client or any Authorised Driver must, in addition to the obligations specified in Article 11.1, make a statement by completing the document provided in the vehicle, except in cases of ‘force majeure’.
If a police or gendarmerie report or an affidavit has been drawn up, these documents must be attached to the said declaration.
The Client or any Authorised Driver is not authorized to enter into any agreement or transaction of any kind whatsoever in the name of and or on behalf of the Rental Company or his insurers.

11.3 Special obligations in the event of theft

In the event of theft of the vehicle, a complaint must be filed immediately with the relevant authorities. A copy of the complaint report must be delivered as soon as possible to the Rental Company, by the client or any Authorised Driver otherwise the Optional Limitations of Liability referred to in Article 10.2.1 will be forfeited.
In addition the original keys of the vehicle must be returned to the Rental Company. In the event of theft or loss of the original keys, the Client or any Authorised Driver is required to immediately report the theft or loss of keys to the Rental Company and the relevant authorities. Failure to do so will result in the loss of the benefit of the Optional Limitations of Liability referred to in Article 10.2.1. In addition, in the absence of a declaration of theft or loss of keys, the rental charges due from the Client shall continue to accrue.

ARTICLE 12 – PROCEDURES FOR EVALUATION AND COMPENSATION

Any damages reported upon the return of a vehicle will be assessed by an independent expert approved by the insurance companies. For damage that does not render the vehicle unfit for circulation, the vehicle is not immobilised and the expertise is carried out remotely on the basis of photographs taken during the return of the vehicle. The Client or any Authorised Driver may carry out a second appraisal at his own expense. This may only be carried out on the basis of the elements used to carry out the appraisal by the independent expert. Immobilisation of the vehicle for this purpose is excluded, unless the Client or any Authorised Driver takes responsibility for the capital costs, these corresponding as a minimum to the rent of the vehicle according to tariff displayed in agency during the period of immobilisation, plus costs of storage etc. In order to validly contest the result of the expert’s assessment carried out by the independent expert, the Client or any Authorised Driver must inform the Rental Company’s loss department in writing of his intention to carry out a second opinion and address and then send the report of the second appraisal within one (1) month after the receipt of the expert’s report drawn up by the independent expert to the same department at the following address: SAS AUTOLAGON, Claims Department, route de Bérard, 97180 SAINT-ANNE or by email to service. info@autolagon.fr.
The parties agree that the damage assessment carried out by the independent expert is final and expressly acknowledges that it will be binding and enforceable against them as equivalent to the monetary equivalent of the damage.
The Client expressly agrees to compensate the Rental Company for the monetary equivalent of the damage to the rented vehicle up to the amount for which he is liable.

ARTICLE 13 – RENTAL PRICE, MISCELLANEOUS COSTS AND PAYMENT TERMS

13.1 Rental Price – Miscellaneous costs

The Rental Price is the price based on the Rental Company’s current rates in force on the day of signing the Rental Contract. Promotional rates are only valid for the proposed duration. If this period is exceeded, and without prejudice to the provisions of Article 1.2, the tariff posted in the agency applies to the full the rental period.
THE CLIENT AND ANY AUTHORISED DRIVER ARE JOINTLY LIABLE FOR PAYMENT OF THE RENTAL PRICE:
The rental price is composed of the main rental payment and any additional supplements to the rental fee:

  • The main rental payment, depending on the rate chosen by the Client, is determined solely by the duration of the rental period, or on the basis of the rental period plus the mileage driven.
    The mileage covered during the period of the Rental Contract is that indicated by the milometer installed in the vehicle by the manufacturer. If the milometer is disconnected, a fixed amount of one thousand (1,000) kilometers per day of rental will be charged at the current rate.The rental periods are expressed in days of hire, namely one or more consecutive periods of twenty-four (24) hours, the first of which begins on the day and the hour at which the vehicle is handed over to the Client. Unless otherwise agreed by the Rental Company, any part day is payable.
  • The mandatory supplements to the rental payment are, where applicable:
    • location surcharges for rentals made from an agency located in an airport or a railway station, or in the immediate vicinity
    • the ‘young driver’ supplement.
  • The optional supplements to the rental payment that may be offered are payable for the services offered by the Rental Company such as in particular:
    • The daily price of “Occupant Protection” warranty and Optional Limitations of Liability;
    • The daily price of hiring accessories (child seats, navigation systems, roof racks, snow chains and tires etc.)
    • The costs of delivering the vehicle to an agency different from that of the departure, charged in accordance with the price list depending on the town to which the vehicle is returned.
    • The costs for the delivery and / or the collection of the vehicle from the place requested by the Client as well as the fuel costs corresponding to the journey made by the Rental Company for the delivery or the collection of the vehicle,

THE CLIENT AND ANY AUTHORISED DRIVERS SHALL BE HELD JOINTLY LIABLE FOR PAYMENT OF OTHER EXPENSES AND DAMAGES, NAMELY:

  • The price of fuel if the vehicle is not returned with at least the same fuel level as when the vehicle was delivered; in this case, the Rental Company will re-invoice the missing fuel at a price including the cost of the refuelling service, which can be consulted in an agency or online,
  • any expenses incurred by the Rental Company to collect the vehicle in the event that it is left in a place other than contractually agreed or if the Rental Company has to collect the vehicle as a result of a mistake on the part of the Client or any Authorised driver (keys locked inside vehicle, lost keys, malfunction of the vehicle due to an omission or negligence of the Client or any Authorised Driver),
  • charges for re-encoding keys in case of loss, theft or damage to the keys; the cost of providing duplicate keys in the event of the keys being locked inside the vehicle,
  • any expenses incurred by the Rental Company, including any capital costs incurred as a result of a violation of the Highway Traffic Act/Code, vehicle impoundment or seizure of the vehicle by the Police or customs department,
  • administration fees related to the handling of traffic violations (section 15),
  • any costs incurred by the Rental Company for repairing the damage caused to the vehicle that would not be covered by the insurance and any optional limitations of liability taken out by the Client, namely, in addition to the damage itself, appraisal costs, management and file fees, breakdown and / or towing costs.

13.2 Payment Terms

Any payment made after the due date indicated on the relevant invoice will incur late payment penalties amounting to three times the statutory interest rate for the period from the due date until the actual payment of the debt has been effected, without prejudice to the right of the Rental Company to terminate the Rental Contract, if need be, and to demand the immediate return of the rented vehicle. In addition, the Client shall be liable for a flat-rate indemnity for recovery costs of fifteen (15) Euros. For businesses, the amount of this indemnity is increased to forty (40) Euros (articles L.441-6 I al.8 and D.441-5 Code of commerce).
In the event of termination of the Rental Contract, the vehicle must be returned by the Client at his own expense and risk to the address indicated by the Rental Company. In case of non-return of the vehicle, the Rental Company will be entitled to take all appropriate measures to secure its return.

13.3 Payment guarantees

The Rental Company may require a payment of up to 2.5 times the agreed TTC Rental Price (including all charges invoiced at the beginning of the rental period, such as the optional liability Limits and Insurance). As security deposit, this amount cannot be less than 800 euros. However, for higher-category vehicles, a higher security deposit may be requested by the Rental Company, in accordance with the special conditions, communicated to the Client prior to the conclusion of the Rental Contract.
The Rental Company may require payment of the security deposit at any time from the start of the rental period or subsequently. The Rental Company will return it at the end of the rental without interest and after deduction of any expenses, charges or other sums due by the Client.

ARTICLE 14 – PREPAID RATE RENTALS (“ PREPAID “)

The Customer may benefit, for some rentals, advantageous rates by paying the rental price at the time of booking (“Rental at prepaid rate”). AT THE TIME OF DELIVERY OF THE VEHICLE CLIENT WILL BE REQUIRED TO PRESENT the credit card used to pay DURING THE BOOKING. For these prepaid rentals, the reservation may be modified before the start of the rental (subject to availability, but must be made no later than 48 hours before the start of the rental, ie before the actual taking of possession of the vehicle; Management fee will be charged for each change.
In return for the tariff advantage granted, the amount paid as rental price remains in any case acquired to the RENTER in case of modification of a reservation for a Prepaid Rate Rental. If such a change results in an increase in the rental price, this will be billed to the Customer.
In order to ensure the most flexible modification or cancellation conditions possible in the event of unforeseen events, Autolagon offers you an optional guarantee. The “Cancellation” insurance allows you changes, even late, in all peace of mind
Note that this guarantee applies only to prepaid packages on the website www.autolagon.fr and can not be subscribed after the validation of the reservation.
The conditions of application are detailed below.

ARTICLE 15 – CANCELLATION/REMBURSMENT

Reservations can not be modified online, any request for change must be sent by email to this address: reservation@autolagon.fr
These modifications remain however subject to conditions:

  • If you have subscribe Cancellation / Modification Insurance, you can change your reservation until the last minute.
  • If the amount of the modified reservation is greater than the amount of the initial reservation, you will be required to pay the difference when you validate the change
  • If the amount of the modified booking is lower than the amount of the initial booking, the difference will be reimbursed by bank transfer, after processing of your file by our accounting department, at the end of the rental
  • If you have not purchased the Cancellation / Modification Insurance, you will not be able to change your reservation. The amounts collected by Autolagon will remain due.
  • Note, however, that no changes will be made AFTER the scheduled date and time of taking the vehicle and no compensation will be granted, even if you have subscribe the “Cancellation / Modification” insurance.

ARTICLE 16 – TOLL CHARGES AND BREACHES OF THE HIGHWAY CODE

The Client or any Authorised Driver is obliged to pay any toll and parking charges of which he is responsible. He or she is responsible for all consequences of violations of the Highway Code or other regulations that he or she may have committed during the rental period. The owner of the vehicle, or the Rental Company, is legally bound to pay any penalties for violations of the Highway Code, unless it provides contact details of the Client or any Authorised Driver responsible for such violations. When requested by the authorities, the Owner/Rental Company is obliged to transmit the data concerning the identity of the Client or of any Authorised Driver.
The Client shall be liable to the Rental Company for an administration charge for each violation processed.
In addition, if the Owner/ Rental Company is required to pay directly for and on behalf of the Client or Authorised Driver, the Rental Company is entitled to re-invoice the Client for the amount of the fine paid plus the administration fee.

ARTICLE 17 – ELECTRONIC INVOICING

Invoices issued by the Rental Company shall in principle be transmitted to the Client to the email address specified for this purpose by the Client. The Client agrees in this respect not to receive paper invoices. The Client also accepts that the Rental Company will send electronic invoices drawn up in accordance with the applicable legal regulations to the email address indicated for that purpose. The Client may at any time refuse the transmission of electronic invoices. In this case, the Client shall bear the additional costs incurred by the transmission in paper form as well as postage.
The Client must take all necessary steps in order to be able to receive or – if this has been agreed – to download the electronic invoices. The Client shall be responsible for any problems of any kind which prevent him/her from receiving or downloading invoices transmitted electronically. The invoice is considered received once it has entered the sphere controlled by the Client. In the event that the Rental Company only sends a notification informing the Client that the electronic invoice is available for download, it is considered as having been received by the Client as soon as the Client has downloaded it. The Client is obliged to download at regular intervals the files issued to him/her.
If an invoice cannot be received or downloaded, the Client must immediately inform the Rental Company. In this case, the Rental Company sends the Client a copy of the invoice, marked as a copy. If problems preventing the transmission of electronic invoices cannot be resolved quickly, the Rental Company is authorised to transmit these invoices in paper format until the resolution of the aforementioned problems. The Client then bears the costs related to the transmission of invoices in paper format.
In the event that the Rental Company provides the Client with access data, a username and / or a password, the Client is obliged to protect this data against any unauthorised access and to keep them confidential. If the Client becomes aware of unauthorised access to this data, he must immediately inform the Rental Company.

ARTICLE 18 – COMPUTERIZED PROCESSING OF PERSONAL DATA

Personal information and data relating to the Client and to any Authorised Driver gathered by the Rental Company are necessary for the administration of the Rental Contract and the commercial relationship. This information and data is also kept for security purposes in order to comply with statutory and regulatory obligations and to enable the Rental Company to improve and personalise the services it offers and the information it sends to the Client. By signing the Rental Contract, the Client and any Authorised Driver agree that the Rental Company and the AUTOLAGON network partners may use their data.
In addition, some vehicles may be equipped by the manufacturer or the Rental Company with a geolocation system for the purpose of managing potential accidents, for reasons of safety, theft and / or loss. By signing the Rental Contract the Client and any Authorised Driver agree to the collection of the data, by means of the above-mentioned system, to determine the geographical position of the said vehicles. The data thus collected will be retained by the Rental Company during the term of the Rental Contract and accessible to persons with a legal right of access, in particular in the context of an investigation.
The Rental Company is in possession a file of “High-Risk Persons” enabling it and the companies of the AUTOLAGON network group to refuse rental to the persons concerned. As a member of the “Renters” branch of the National Council of Automobile Professions (CNPA), 50 rue Rouget de Lisle – 92158 Suresnes Cedex, the Rental Company may transmit some of the data collected in this regard to other members of the said Branch, also allowing them to refuse rental.
As a member of the Renters’ Branch of the (CNPA), the Rental Company may transmit personal data concerning the Client, in relation to the Rental Contract, with a view to pooling the said data with companies belonging to the said branch, allowing them to lawfully refuse any future rental. In such cases, the Client will be informed and will have a right to oppose the recording, access, rectification and / or deletion of personal data (CNIL resolution n° 2006-235 of 9 November 2006) with the CNPA Renter’s Branch, 50 rue Rouget de Lisle – 92158 Suresnes Cedex.
In accordance with the Data Protection Act of January 6, 1978, the Client and any Authorised Driver have the right to object to, rectify and delete personal data concerning them by sending a letter to this effect to the Rental Company, whose contact details appear in the Rental Contract.

ARTICLE 19 – TERMINATION

The Rental Contract may be terminated unilaterally and if necessary without prior notice, by one of the parties in the event of default by the other party in all or part of its obligations under the Rental Contract or these General Rental Conditions, in particular those mentioned in Article 7 of the GRC. Notwithstanding such termination, the parties retain the right to claim compensation for damages suffered as a result of the breach of contractual provisions by the other party. The termination must be addressed to the other party by recorded delivery letter with proof of receipt.
In the event of termination of the Rental Contract, the Client must return the vehicle at his own expense and risk to the address indicated by the Rental Company no later than the date indicated in the letter of termination.
In the event of non-return of the vehicle on this date, the Rental Company will be justified in taking all necessary measures to obtain its return. If the vehicle is not returned at the date and time indicated in the letter of termination, any Optional Limitations of liability and Insurance policies taken out at the start of the rental shall no longer apply. The Client and any Authorised Driver shall be jointly and severally liable to the Rental Company for the payment of a usage fee. The amount of which shall be equivalent to the Rental Company’s daily rate as displayed in the Rental Company’s agencies, except where failure to return the vehicle is not the fault of the Client or the Authorised Driver.

ARTICLE 20 – ATTRIBUTION OF JURISDICTION

If the Client has entered into the Rental Contract in the capacity of a commercial person, any dispute arising from the Rental Contract will be referred to the exclusive jurisdiction of the Pointe-à-Pitre Commercial Court.

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