General Terms

ARTICLE 1: GENERAL PROVISIONS

These General Rental Conditions govern all vehicle rentals provided by Tropicar, hereinafter referred to as the "Lessor," in La Réunion to its clients, hereinafter referred to as the "Client" or the "Renter." During the rental period, the Client acts as the owner and custodian of the vehicle. The Client must be able to provide any documents necessary for the rental agreement, such as proof of identity, address, date of issue of the driving license, and payment method. A valid original driving license must be presented at each rental.

The Client or any driver designated in the contract must be over 21 years old and hold a valid driving license for at least one year. Please note that renting certain vehicle categories requires specific payment methods and minimum age requirements. Reservations and security deposits must be made in the name of the driver. Unless the "additional driver" option is purchased, the Client is the only authorized driver of the rented vehicle. The Client is the sole party authorized to sign or amend the rental agreement.

ARTICLE 2: VEHICLE DELIVERY AND RETURN

The vehicle is made available to the Client at a Lessor’s branch and must be returned to the same location, at the date and time specified in the contract, to the Lessor’s staff during office hours. If the Client is authorized to return the vehicle elsewhere than a Lessor’s branch, the Client remains fully responsible for the vehicle until the Lessor takes possession.

Returning the vehicle to an unauthorized location exposes the Client to a fixed penalty of €80 for abandonment, plus vehicle repatriation costs depending on the location, time, and day of recovery. Any delivery or return outside of branch opening hours, including due to delayed flights, will incur an additional “out-of-hours” fee of €45 (VAT included), charged at the contract initiation or closure.

It is strictly forbidden to take vehicles outside the rental territory, even to an annex property. In such cases, the Client will lose all contractual insurance coverage.

ARTICLE 3: VEHICLE CONDITION

The Lessor commits to providing the Client with a vehicle category, not a specific make or model. A descriptive condition report is attached to the Client’s contract. Only a Lessor’s agent is authorized to complete the vehicle's "departure condition sheet."

In the absence of such completion, the vehicle is deemed delivered in accordance with the descriptive report. Claims regarding apparent damage not reported at departure may be disregarded by the Lessor. The Client must return the vehicle in the same condition as received.

All repair costs resulting from the Client’s fault or in the absence of a third-party fault will be added to the rental cost, subject to any additional protection purchased by the Client. Vehicles must be returned clean, as at departure. Transport or presence of pets is prohibited. Smoking inside the vehicle is forbidden. Vehicles returned excessively dirty (animal hair, sand, mud, stained upholstery, markings, etc.) will incur cleaning fees according to rates displayed at our branches.

The vehicle is supplied with tires compliant with road regulations. Damage or theft of tires, rims, studs, tire accessories, punctures, fuel, and towing fees remain the Client’s responsibility. Additional equipment may be provided at an extra cost (GPS, booster seat, child seat, etc.) and is delivered in perfect working and clean condition. These items will be checked upon return, and any damage or missing equipment will result in a deductible* charge.

ARTICLE 4: LOSS OF INSURANCE COVERAGE

To avoid exclusion from all insurance coverage, the Client agrees not to use the vehicle for:

  • Driving under the influence of alcohol or any substance impairing driving ability;

  • Towing or pushing any vehicle or trailer;

  • Competitions;

  • Rental to third parties;

  • Paid passenger transport;

  • Carrying more passengers than authorized or loads exceeding the vehicle’s payload;

  • Driving lessons;

  • Transporting hazardous or odorous goods;

  • Being transported on a boat, ferry, etc.

The Client may not transfer, sell, mortgage, pledge, or otherwise dispose of the rental contract, vehicle, equipment, or tools in a way that could harm the Lessor.

The Client is responsible for complying with all laws, regulations, and customs relating to the transport of goods using the rented vehicle. This responsibility continues throughout the rental period. The Client is solely responsible for declaring and paying all duties and taxes related to goods transport (customs, excise, fees, etc.).

ARTICLE 5: RENTAL

5.1. Security Deposit: A credit card (CB, VISA, EUROCARD, AMEX) security deposit will be required upon vehicle pick-up. The deposit amount depends on the vehicle category and is indicated in the Lessor’s rate tables and on the rental contract. It covers damages and/or theft of the vehicle but does not exempt the Client from paying amounts exceeding the deposit.

The deposit is a bank pre-authorization held for 30 days without debit, in accordance with banking regulations. The card must be in the Client’s name and comply with Article 14 of these Terms. Insufficient funds may result in refusal to hand over the vehicle and termination of the rental contract. Proof of residence (less than 3 months old) is required. The Lessor reserves the right to refuse rental if proof is not provided.

The deposit will be retained to cover damages attributable to the Client or theft (unless contractual insurance applies). The Lessor may, with the Client’s prior authorization, deduct any amounts owed for fuel, repairs, maintenance, fines, etc., even after vehicle return. If the deposit is insufficient, the Client agrees to pay the balance immediately on demand.

5.2. Payment – Extension: Rental payment must be made before or upon vehicle pick-up. Initial payment cannot be used to extend the rental. Extensions require a new contract at the Lessor’s branch at the current rate, without benefit of previously purchased insurance or deductible reductions. Failure to return the vehicle at the agreed time and place, without a new contract, may result in legal action, loss of insurance coverage, and daily penalties in addition to additional rental charges.

Upon return, the Client agrees to pay:

  • The rental fee for the period at the applicable rate;

  • Daily late return penalties;

  • Costs of additional insurance or optional services purchased;

  • Any fines incurred during the rental.

The balance will be charged automatically to the card used unless another accepted payment method is provided. The Client authorizes charges for the deductible and any other fees related to the vehicle, rental, or its use (fuel, repairs, fines, etc.).

ARTICLE 6: LIABILITY OF CARDHOLDER OR VOUCHER ISSUER

When the rental is made with a credit card, travel voucher, or purchase order, the issuer of the voucher or order is contractually responsible for:

  • Use of the rented vehicle;

  • Payment of the rental and all associated charges;

  • Any extension of the rental or loss of the vehicle.

ARTICLE 7: RESERVATION GUARANTEE AND NO-SHOW

The vehicle reservation is guaranteed for 1 hour after the scheduled arrival time and within the agency’s opening hours. Beyond this period, the reservation may not be honored. In case of an upgrade, the Renter will be liable for the fare difference with the reserved category. In case of a downgrade, no compensation will be granted.

For airport pickups, in case of a flight delay, the reservation will be maintained for 1 hour after the actual arrival time, provided that the flight number was correctly indicated when finalizing the booking. If the Renter arrives at the Rental Agency more than one hour after the scheduled reservation time, the Rental Company reserves the right to:

  • Assign the vehicle to another customer and offer the Renter a different vehicle, either of the same category or a different category if the reserved vehicle is no longer available, or

  • Cancel the contract without refund of any amounts already paid, as compensation for the vehicle’s immobilization.

ARTICLE 8: CANCELLATION OF THE RESERVATION BY THE RENTER OR THE RENTAL COMPANY

The Renter may cancel their reservation under the following conditions:

  • For cancellations made at least 30 days before the scheduled rental start date, the Renter will be refunded the rental amount minus a cancellation fee of €50;

  • For cancellations made between 29 and 15 days before the scheduled rental start date, the Renter will be refunded the rental amount minus a cancellation fee of 50% of the total booking amount, with a minimum fee of €50;

  • For cancellations made between 14 and 3 days before the scheduled rental start date, the Renter will be refunded the rental amount minus a cancellation fee of 75% of the total booking amount, with a minimum fee of €50.

If the Renter has not subscribed to the cancellation service, no refund will be granted for cancellations made less than 3 days before the vehicle pickup date.

If the Rental Company is forced to cancel the Renter’s reservation due to unavailability of the reserved vehicle, it agrees to offer a vehicle of similar or higher category. If the Rental Company cannot provide an alternative vehicle for the selected rental period, it agrees to refund the Renter in full.

ARTICLE 9: EARLY RETURN

In the event of early return of the vehicle, the rental amount will be recalculated based on the number of days actually used and any options purchased.

The refund will be calculated as the difference between the amount initially paid by the Renter and the cost of the actual rental. A penalty of 70% will be applied to this difference. The refund will be issued within 30 days of the vehicle’s return.

For all prepaid rentals, this clause does not apply. If the vehicle is returned before the scheduled end date of the rental, unused days will not be refunded. The Renter must refer to the specific sales conditions related to the purchased service.

ARTICLE 10: INSURANCE AND ADDITIONAL PROTECTION

All rented vehicles are covered by third-party liability insurance, in accordance with current regulations.

The Rental Company also offers the Renter the following optional additional protection:

  • LDW (partial waiver of deductible in case of damage to the rented vehicle)

  • SCDW (full waiver of deductible in case of an at-fault accident or vehicle damage without an identified third party)

  • PAI (protection for the driver and passengers)

  • GLASS (coverage in case of glass breakage or tire puncture – excluding headlights and rims)

The Renter may consult the details of these options, their scope, and exclusions in the insurance and additional protection document available at the Rental Agency and on its website.

In case of a claim, the Renter undertakes to:

  • Report to the Rental Company within two business days (excluding public holidays) from the discovery of any accident, damage, or fire, and immediately notify the police and the Rental Company in case of theft or bodily injury.

  • Include in the claim report all relevant circumstances, the names and addresses of any witnesses, the name and address of the third party’s insurer, as well as the policy number.

  • Attach to this report all police or gendarmerie reports, complaint receipts, etc.

  • Provide the Rental Company within two business days with the contact details of their personal insurer if the Renter has subscribed to personal insurance.

  • Not contest liability or negotiate/settle with third parties regarding the accident.

  • Not abandon the vehicle and ensure its protection and security.

If the Renter subscribes to these additional protection options at the applicable rate, the non-waivable deductible will apply in case of damage. If the Renter declines them, the full cost of repairs for material damage will apply in case of an incident.

However, even if the Renter has accepted one or more protection options to reduce the deductible, they remain fully responsible for any damage to the upper parts of the vehicle’s body caused by collision with a fixed or moving object (bridge, tunnel, porch, tree branch, or other overhead objects).

The same applies to damage to the body and mechanical parts located under the vehicle (front axle, oil pan, side skirts, etc.).

Any damage caused by use outside the manufacturer’s intended use or off-road driving will result in full financial responsibility of the Renter, even if they have accepted the deductible reduction option. The Renter is also fully responsible for any water damage (rain, seawater, etc.) caused by negligence (risky crossing of floods, leaving the vehicle in an open parking area, parking in a location at risk of flooding), as well as any theft, accessory damage, or glass breakage.

In case of loss or damage to the keys, towing costs, key duplication, and immobilizer reset costs are the Renter’s responsibility, regardless of the insurance option chosen.

In case of error or negligence by the Renter causing fuel misplacement, the Renter remains fully responsible for the costs of restoring the vehicle, regardless of any protection plan subscribed.

If the amount of damage is less than the non-waivable deductible, the Rental Company will collect the deductible and refund the Renter the difference. The damage amount represents the financial value of the loss suffered by the Rental Company due to the degradation, destruction, or theft of the rented vehicle. Consequently, any sum claimed by the Rental Company for vehicle damage is compensatory, corresponding to the estimated repair costs, including expert fees, towing fees, vehicle immobilization fees of €40, and administrative processing fees of €50. If repairs are not carried out, the estimated cost remains due from the Renter as compensation for the depreciation of the vehicle.

If the damage exceeds the non-waivable deductible, the Rental Company will collect only the deductible paid by the Renter without claiming additional amounts.

Attention: in the case of an accident resulting from the Renter’s violation of traffic laws, negligence, or driving under the influence of alcohol or illegal substances, the Rental Company is entitled to claim the full cost of repairs and damages suffered by third parties, regardless of any additional protection subscribed. The Rental Company may terminate the contract and refuse to provide a replacement vehicle. Any prepaid amounts will be retained by the Rental Company.

If the vehicle is declared a total loss due to the Renter’s fault, the Rental Company will charge the Renter the VRADE (replacement value as assessed by an expert) and any associated damages suffered by the Rental Company (re-registration fees, expert fees, early repayment of loan). The VRADE and associated damages will be invoiced as follows:

  • If the Renter has not subscribed to any protection, the Rental Company will invoice the full VRADE and associated damages to the Renter or their insurer. The Renter agrees to provide the insurer’s contact details within two business days of the incident.

  • If the Renter has subscribed to a protection option covering vehicle damage, the Rental Company can only claim the deductible related to the subscribed option.

In any case, the Renter remains fully responsible for all damage to the upper and lower parts of the vehicle, regardless of any additional protection subscribed, in accordance with Article 10.

ARTICLE 11: FUEL

Fuel costs are the responsibility of the Renter. If the vehicle is returned with a fuel level lower than at the time of delivery, refueling fees will be charged in addition to the cost of the missing fuel, according to the rates displayed at the Rental Agency counters.

ARTICLE 12: MAINTENANCE AND REPAIRS

During the rental period, the Renter agrees to use the vehicle reasonably. The Renter undertakes to take all necessary measures to keep the Vehicle in the same condition as when it was received. The Renter is liable to the Rental Company for any damage resulting from a failure to meet maintenance obligations.

The Renter must inform the Rental Company promptly of any alerts or malfunctions so that the Rental Company can carry out the necessary repairs. Any modifications to the Vehicle or mechanical interventions are strictly prohibited without the prior authorization of the Rental Company. Otherwise, the Renter will bear the duly justified costs of restoring the Vehicle to its original condition.

ARTICLE 13: LIABILITY

The Renter remains solely responsible under Articles L.121-1 and L.121-2 of the French Highway Code for fines, penalties, and tickets. The Renter is also responsible for any customs proceedings initiated against them. Consequently, the Renter agrees to reimburse the Rental Company for any such costs paid on their behalf.

In accordance with the principle of personal liability, the Renter is responsible for all infractions committed during the rental period. The Renter is informed that their contact details may be communicated to the competent authorities upon request and will be liable for administrative processing fees amounting to €35.

The Renter must ensure that no personal belongings are left inside the vehicle. The Rental Company cannot be held liable for the loss or damage of items left in the vehicle, whether during or after the rental period.

ARTICLE 14: DURATION OF THE CONTRACT – TERMINATION

The rental is granted for a specified duration as indicated on the front of this contract. If the vehicle is not returned to the Rental Company at the agreed time, without prior agreement for an extension, Article 5.2 of these terms will apply. Rental days are billed in 24-hour increments.

On the day of vehicle return at the end of the rental period, any delay beyond a 30-minute grace period will result in an additional day being charged at the current rental rate. Non-compliance by the Renter with the rental conditions will result in termination of the rental without prejudice to any damages that the Rental Company may claim.

ARTICLE 15: MEDIATION

In case of a dispute, the Renter shall first contact the ITC Customer Service in order to resolve it amicably. If this attempt fails, the Renter may use the online mediation service of CMAP (Centre de Médiation et d’Arbitrage de Paris), accessible at: http://www.cmap.fr/ or by postal mail at: CMAP (Service Médiation de la Consommation) – 39 avenue Franklin D. Roosevelt – 75008 Paris, by email at consommation@cmap.fr, or by telephone at +33 1 44 95 11 40.

For the CMAP submission to be admissible, it must include: the Renter’s full postal address, email, and telephone number; the full name and address of the Rental Company; a concise description of the facts; and proof of prior steps taken. According to applicable mediation rules, it is reminded that a consumer dispute must first be submitted in writing to ITC Customer Service before any mediation request is made to CMAP.

ARTICLE 16: JURISDICTION

In case of any dispute concerning the execution of this contract, the Renter may bring a claim before the court of their place of residence at the time of the contract conclusion or at the time of the harmful event, the court of the defendant’s place of residence, or the court of the place of delivery of the item.

ARTICLE 17: OPPOSITION TO TELEPHONE MARKETING

The Renter who does not wish to receive commercial calls can register free of charge on a telephone marketing opt-out list, in accordance with Article L.223-1 of the French Consumer Code.

ARTICLE 18: DATA PROTECTION AND PRIVACY

The data concerning the Renter, requested at the time of rental, are mandatory; otherwise, the rental cannot be concluded. These data are processed by the Rental Company, acting as the data controller, and are intended for the management of the commercial relationship (rental contract, invoicing, handling of fines and claims, customer account management, satisfaction surveys, product/service reviews, etc.). The Rental Company also uses the Renter’s contact details to send products similar to those previously ordered. The Renter has the right to object to each communication.

I refuse that ITC propose products similar to those I have already ordered.

In accordance with applicable regulations, the Renter may access their data or request its deletion. The Renter also has the right to object, the right to rectification, the right to restrict the processing of their data, the right to data portability, as well as the right to define directives regarding the fate of their personal data after death. For more information on the handling of the Renter’s personal data by the Rental Company or on how to exercise these rights, the Renter is invited to consult the Privacy Policy available at the reception, in store, on the Rental Company’s website, or upon request at dpo@gbh.fr.

See conditions in Agency