Terms

GENERAL CONDITIONS OF RENTAL OF VEHICLE WITHOUT DRIVER 

January 2020

First of all, our Reunion Car Rental General Conditions apply to you, the person designated on the Rental Agreement. In short, the person who pays for the said Contract and / or is designated as the main driver. They also apply to any (other) driver expressly designated in the Rental Agreement and therefore authorized to drive the Vehicle. However, all the persons designated in the Rental Contract are jointly and severally liable for the payment of the sums due in execution of this contract.

1 -  USE OF THE RENTAL VEHICLE

Firstly, the lessee is responsible and in the custody of the vehicle from its delivery. Second, he undertakes to take care of the rental car and to use it normally and carefully . The rental is not transferable. He undertakes to use it only for the purposes intended by the manufacturer. He is prohibited from participating in matches, races, contests, rallies or other competition of any kind, as well as in tests or preparations. He undertakes not to use it for illicit purposes or for learning to drive.
Consequently, the tenant agrees to return the vehicle in the same initial state of departure.

Regulations

The tenant undertakes to respect the road safety conditions and those fixed by the regulations. In particular the maximum capacity specific to the rented vehicle concerning the number of occupants and / or the weight of the luggage or goods transported. The tenant must not make any modification to the vehicle. He agrees not to use it as a trailer tractor, overloaded or otherwise. He must also use the locking and protection systems at each stop. As soon as the vehicle is handed over to himself or to his agent, the lessee becomes fully responsible under the terms of article 1384 of the civil code.

Additional charges

If the tenant wishes the restitution to be made without his presence, he will nevertheless remain responsible for any damage which will then remain entirely his responsibility. Except what has perished or has been degraded by obsolescence or force majeure. The tenant now accepts the findings thus made and the invoicing of the corresponding damage. If necessary in the event that he refuses to sign the descriptive return of the vehicle. The lessee accepts that the lessor has recourse to an automobile expert independent of the lessor to establish the return description. He must also agree that the cost of this speaker be billed to him.

ABNORMAL USE OF THE RENTAL VEHICLE

The following uses of the rental vehicle are considered to be abnormal in particular:

• driving under the influence of alcohol or drugs;
• the subletting of the vehicle;
• driving on unauthorized and / or unauthorized roads;
• the use of the vehicle for motor sporting events or competitions, or for their preparation;
• the transport of dangerous, prohibited, flammable, explosive or corrosive materials;
• the deliberate degradation of the vehicle; improper use of the vehicle and in particular the error in the chosen fuel;
• poor appreciation of the size of the vehicle;
• damage to the clutch and / or gearbox due to improper use;
• continuing to drive despite a red warning light appearing on the instrument panel;
• continuing to drive despite a flat tire;

2 -  CONDITION OF THE RENTAL VEHICLE

The rental vehicle is always delivered clean to the tenant except in truly exceptional cases. If there is agreement between the tenant and the lessor from the start to take it in the state. This is therefore the subject of a note under observation on the contract. The cleaning of a rented vehicle returned abnormally dirty will be charged 50 euros . The tasks on the seating of the seats are also invoiced at 60 euros per seat. All five tires are initially in good condition. In case of deterioration of one of them, the tenant agrees to immediately replace the two tires at his expense. Whether they are front or rear, depending on the position of the damaged tire. It must be replaced with tires of the same characteristics (brands) as the damaged one.

Deterioration

Punctures are the responsibility of the tenant . The deterioration of a rim (in particular by deformation or crack) is invoiced at the price of the corresponding new rim after checking the front axle. In the event of loss of the keys, the amount of the replacement invoice as well as the travel costs necessary for their repair will be entirely the responsibility of the tenant. Repairs resulting from abnormal wear and tear, negligence for accidental or undetermined causes remain the responsibility of the tenant. Except in the case where the latter does not provide proof that he was not at fault.

RETURN OF THE VEHICLE

The vehicle must be returned with its keys and documents to ITC TROPICAR staff at the dates, times and places agreed in the rental contract. In all cases during the opening hours of the ITC TROPICAR car rental agency .
If you return the vehicle outside of agency opening hours and / or leave the vehicle keys in the agency letterbox, you retain full responsibility for the vehicle. You are liable for the rental amount and any damage suffered by the vehicle until the agency reopens.

Forgotten property

ITC TROPICAR can in no way be responsible for goods that you forget in the vehicle. In the event of a claim on the vehicle ITC TROPICAR is then authorized to call in a bailiff and / or an automobile expert. The intervention will be at the expense of the tenant, in order to ascertain the damage. In all cases of damage caused to the vehicle, ITC TROPICAR will invoice a flat-rate compensation of 53 euros for the cost of administrative processing borne by the lessor.

Additional billing

If the vehicle has not been returned and / or dropped off at the vehicle pick-up agency, fleet change costs will be billed at the fixed price of 25 euros. And this according to the agency chosen by the Customer when returning the vehicle.
The tenant must inform ITC TROPICAR as soon as possible of any event preventing him from returning the vehicle at the agreed dates, times and places. Otherwise, it is a hijacking of the vehicle liable to prosecution and legal sanctions.

3 -  MAINTENANCE AND REPAIR

Normal mechanical wear is the responsibility of the lessor. In the event of fault on the part of the tenant or in the event of negligence of the tenant, the repair work remains the responsibility of the tenant. In its entirety within the limit of the amount of the excess. They will be executed by the lessor. Repair work will be increased by towing costs when the latter is necessary. And an immobilization allowance is provided for in article 8.

4 -  LUBRICANT AND FUEL

The oil, water and brake fluid levels are checked before leaving the vehicle. The tenant must stop the vehicle, warn the rental company if the lights come on on the dashboard. Otherwise the corresponding costs remain at its charge. The fuel is the responsibility of the tenant. In no case can a refund be requested. The tenant must refuel before returning the vehicle. Or in the case at the same level of fuel as that observed on delivery. Otherwise, the tenant will be billed for a fuel upgrade plus a service charge of 40 euros. The tenant will be liable for repairs induced by fuel error (for example GO in the tank instead of Unleaded).

5 -  RENTAL, DEPOSIT, EXTENSION

Age: Minimum 23 years old with the exception of cat Q Minimum 25 and cat QS Minimum 30 years old. Possibility Minimum 21 years if young driver insurance subscription for cat. A, B and C.
A valid driving license issued by a member state of the European Economic Area and dated more than 2 years is required.
Holders of a driving license issued by a country outside the European Economic Area must present a driving license with photograph. It must also be written in French or accompanied by an official translation. The presentation of an international license must be accompanied by a national license.

Conformity

ITC TROPICAR reserves the right to refuse a document that it considers non-compliant. The tenant certifies on the honor of the validity of his driving license and declares not to be the subject of any measure of suspension, restriction or cancellation of his license and also not to be the subject of any prescription of any kind. , especially medical, restricting his conduct.

Prices

The rental prices are determined by the rates in force and payable in advance. Deposit paid for a firm and irrevocable reservation. In the event of cancellations or subsequent modifications on your part or of non-arrival at our company (no-show), the amount paid will not give rise to any refund. The deposit will be considered as a fixed compensation for cancellation. The rental day is understood to be 24 consecutive hours of use and any day started is due in full except for specific written agreements. The return of the vehicle must be made during working hours. Otherwise it will be up to the tenant to attend its reception the next day at the opening. Otherwise, the damage observed remains at its charge.

Abandonment of the vehicle

The lessee is formally prohibited from abandoning the vehicle without having obtained the written agreement of the lessor. Failing that and in case of impossibility, the vehicle will be repatriated at the expense of the tenant by the care of the lessor. The rental remaining due until the return of the vehicle. At the end of the rental, the payment of the balance due by the tenant must be made within 48 hours. Otherwise, he will have to pay the lessor, in addition to the repeatable costs and default interest, an indemnity fixed at a flat rate of one day of rental of the vehicle rented by the Customer. This will be in addition to the sums remaining due as a penalty clause (article 1229 of the civil code).

Vehicle return

If the lessee decides for any reason whatsoever to return the vehicle before the scheduled date, he cannot demand reimbursement of the difference. He will obtain a non-nominative credit note valid for one year (recalculated according to the actual number of rental days at the rate of the corresponding price bracket). The tenant already accepts that the lessor can withdraw the sums due for additional costs from his bank account by means of the bank pre-authorization (VAD) or cash the check, made or remitted as a security deposit. upon signing the contract.
It is specified that in the event of a rental for more than 7 days, the security deposit is subject to a credit card pre-authorization when the rental is taken. No direct debit is made subject to the perfect execution of our general rental conditions.

Franchise

The Franchises / Franchise reduction insurance table allows the tenant to pay only a reduced deductible in the event of an accident (Responsible or not). The costs of managing unpaid bills will be invoiced to the tenant at 53 euros per unpaid. The management of a follow-up file will be invoiced to the tenant 53 euros. Any parking costs are the responsibility of the tenant. The deposit cannot be used under any circumstances for an extension of the rental. It is used in the event of damage, loss or theft of equipment (windshield wipers, keys, car radio, antenna, cigarette lighter, wheel, rim, hubcaps, mirrors, muffler, rear shelf, floor mat, trunk mat ,…). In order to avoid any disputes and in the event that the tenant wishes to keep the vehicle for a longer time than that indicated on the rental contract,

For all rentals, no deposit check is accepted, the deposit is only made by credit card or by cash.

6 -  INSURANCE

Subject to the fulfillment of these obligations arising from this agreement, the tenant is guaranteed: a / without limitation against the pecuniary consequences of his civil responsibilities for accidents caused to third parties.

Excluded from this guarantee :

b / against theft and fire of the vehicle, less the excess, as provided for in the price list and excluding clothing and all objects transported. The guarantee does not apply in the event of theft of the vehicle by an employee of the tenant or by one of his representatives unless otherwise agreed in writing (article 1149, 1150 and 1152 of the civil code). The tenant automatically subrogates the lessor, in his rights, for the exercise of recourse against third parties for material damage.

Compensation

Any compensation obtained is first used to reimburse the lessor for costs that may have remained at his expense, the balance returning to the lessee. The costs and fees incurred for the recovery of this compensation are borne by the tenant and the lessor in proportion to the sums due to them. Glass breakage, any accident occurring to objects or goods transported, or caused by these goods, are excluded from the guarantee. The above insurances have effect only for the duration of the stipulated rental. If the lessee keeps the vehicle beyond that without having rectified his situation under the conditions provided for in article 5, he loses all the guarantees provided for in the contract.

There is no insurance for :

• - Any driver driving while intoxicated as defined by the highway code. Or when the driver has used legally prohibited drugs or narcotics. But also when the driver has absorbed medication, prescribed or not, the instructions for which specify that its use is likely to cause a state of drowsiness.
• - Damage to the vehicle resulting from burns, interior deterioration, overloading, damage to the upper and lower parts of the vehicle and their mechanical consequences.

Validity of documents

• - You and / or the driver if you have provided the rental company with false information concerning your identity or the validity of your driving license. The same will apply in the event of false declarations on the amicable report or the declaration of loss.
• - If you do not have a valid license for the type of vehicle rented. The tenant undertakes to declare to the lessor, within 24 hours as well as to the police or gendarmerie authorities, any accident, theft, fire, even partial or minor. And this under penalty of being excluded from insurance guarantees. This declaration must include all the information: the circumstances, date, time, place, address of the witnesses as well as the information of the opponents ...). He must in no case discuss responsibilities, nor deal with or transact with third parties about any element relating to the accident.

In the event of an accident

• The lessee undertakes to immediately communicate to the lessor all documents received following an accident and all useful information. He will be billed for claims management costs of a lump sum of 53 euros per claim. In the event of a more serious problem or of disagreement, an expertise will be made. The cost of the car expert remains the responsibility of the tenant. Your deposit in this case will be cashed while waiting to allow us to send you the copy of the expert report and return the cash surplus to you. We invoice you for the damage if it remains your responsibility. If the tenant is involved in several claims during his rental period, each claim will give rise to the application of a deductible.
• A claim for which he is responsible without damage to the rented vehicle, the damage caused to the third party is his responsibility.

In case of return of unpaid check

The costs will be 15 €. For any responsible accident, with or without an identified third party, the excess will be collected by the lessor. Additional insurance:

• Glass breakage and puncture insurance: 5 euros per rental day.
• Cancellation Insurance (D-24): 25 euros
• Young driver insurance (21 years old, minimum 1 year driving license): 5 euros per day
• Franchise buyback insurance

IMPORTANT NOTE: in the event of a responsible claim other than franchise surrender, the towing and immobilization of the vehicle are the responsibility of the tenant.

In all cases, the insurance does not cover:

• Damage to the interior of the vehicle and the tires;
• Objects transported in the vehicle;
• Damage to the upper parts of the vehicle relating to a poor appreciation of the size of the vehicle;
• Damage to the lower parts of the vehicle;
• Loss and theft of equipment: car radio, windscreen wiper, antenna, wheels, rearview mirror;
• The replacement of keys for loss or theft remains in all cases the responsibility of the customer.

 

Partial repurchase: administrative costs for claims involving the driver's liability: € 53 incl.

 

In the event of theft of the vehicle  :

You must within 24 hours from your knowledge of the theft make a declaration of theft to the competent authorities. You must give ITC TROPICAR, within the same period, a copy of the report of the complaint. The keys and papers of the vehicle must also be returned. In the event of theft of keys and / or papers with the vehicle, it is imperative to report it when filing a complaint so that it is noted in the report.
Otherwise, in the absence of delivery to ITC TROPICAR of the filing of a complaint, the keys and the vehicle's papers, the theft insurance is inapplicable. ITC TROPICAR is then entitled to invoice the lessee for all damages (in particular those suffered by the vehicle and / or its replacement value). In the event that theft insurance would have been taken out and the insurer would deny its guarantee due to a fault on the part of the tenant. ITC TROPICAR is then entitled to invoice the lessee for all damages. In particular those suffered by vehicle and / or its replacement value.

7 -  SECURITY DEPOSIT

Whatever the means of payment used and the optional insurance taken out, a security deposit equal to the amount of the deductible will be required. This deposit must be made exclusively by credit card in the name and first name of the tenant.

8 -  TRAFFIC TICKETS, GPS, CHILD SEAT, BOOSTER, SAFETY KIT

The lessee will give the lessor upon return of the vehicle all the traffic documents and equipment relating to the latter, failing which, a fixed price of:

• 25 euros will be charged for missing documents
• 25 euros for a missing safety kit (triangle and vest)
• 30 euros for a missing booster seat
• 350 euros for a missing GPS
• 110 euros for a missing child seat

9 -  IMMOBILIZATION OF THE VEHICLE

The immobilization of the vehicle in the event of fault or negligence of the tenant, will give rise to the payment by this one of an indemnity equal to the price of the rental. The duration of this indemnity cannot exceed thirty days. Subject to the performance by the tenant of all the obligations provided for in this agreement. A minimum of immobilization costs invoiced up to a maximum of one rental day of the category of the vehicle rented on the basis of the general rate.

10 -  RESPONSIBILITY - CONTRAVENTIONS

The tenant remains solely responsible for fines, tickets, reports that he has committed himself or that are due to his own doing. More generally, the tenant is financially responsible for non-compliance with the provisions of the Highway Code. He must pay himself, within the deadlines, the fines and / or fines imposed on him during the rental period. ITC TROPICAR is authorized to communicate your details to administrative or judicial authorities. The administrative costs of managing fines will be invoiced to the tenant 35 euros per fine. Consequently, he undertakes to reimburse the lessor for all costs of this nature that may be paid in his places and places.

11 -  ATTRIBUTIVE CLAUSE OF COMPETENCE

Any dispute between merchant arising on the occasion of this rental contract will fall under the exclusive jurisdiction of the mixed commercial court of Saint-Denis (REUNION).

12 -  COMPUTER & FREEDOM LAW / DATA GDPR

In accordance with the obligations of the GDPR, the personal data that you communicate to us will only be used within the framework of commercial relations. Between you and SAS INTERNATIONAL TRADE COMPANY. The data will not be used for purposes outside the scope of the requested service. Data not used for three years are regularly deleted from our databases. This operation is carried out at least once a year, or according to the terms explicitly described for the service concerned.
The user is in particular informed that in accordance with article 32 of the law n ° 78-17 of January 6, 1978 modified, relating to data processing, files and freedoms, the information that he communicates through the forms present on the site are necessary to respond to his request. These are intended for ITC Tropicar Management. This acts as data controller for the purposes of administrative and commercial management of the services used.

Permission to access

The user is informed that he has a right of access, interrogation and rectification. This right allows him, if necessary, to correct, complete, update, lock or erase his personal data. Indeed, if these data are inaccurate, or if they are incomplete, equivocal, out of date or whose collection, use, communication or storage is prohibited. The user is informed that he has a right of portability allowing him to recover his personal data. The user also has the right to oppose the processing of his data for legitimate reasons. Likewise, he has a right of opposition to this data being used for commercial prospecting purposes.