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Minimum age:
Minimum
age: 21-23-25 -30 years as per type and model of vehicle.
Drivers
- Only
the persons indicated on the back of the Contract are authorized
to drive the vehicle.
- By signing
the Contract, the drivers confirm that they have reached the
minimum age indicated in
Elite’s
current rental price list and hold a valid driver’s license
for as requested by Elite. Any exceptions require
Elite’s prior written consent.
- If the
drivers do not meet these requirements and does not provide
Elite with a valid
driving license, a valid
credit card and a valid passport, Elite is entitled to refuse
the delivery of the vehicle and to cancel the
Contract without indemnity to the Client. Elite remains entitled
to charge all cost, expenses and losses in
relation with the contract.
Driving license:
full current driving license valid since
one year for cat. City Car, and 2 years for the other categories.
Same conditions for additional driver approved by Elite at the
time of the rental.
Additional driver:
Euro 5 per day.
Minimal rental duration:
one day = 24 hours. After 3 extra
hours, a full day will be charged.
Gasoline:
not included.
Payment conditions:
One or two credit cards authorised
by Elite, as per vehicle model.
Insurances:
The Third-Party Liability is included, with a deductible
amount of Euro 500 in case of accident involving the responsibility
of
the renter.
PAI:
Personal Accident Insurance for driver and passengers: Euro
5 per day.
Elite reserves the right to refuse these deductible reductions.
- In case the renter
or the driver damages the vehicle intentionally or by gross
negligence , in case the vehicle is stolen intentionally,
by gross negligence
or by “abuse of trust” the renter or the driver will be held
liable up to the total value of the vehicle.
- Elite insurance
doesn’t
cover: damages caused by careless use of the car: wheels, hub-cubs, tyres,
radio K7, CD, GPS, antenna, upholstery,
external
mirrors, rims, convertible soft-top, gear-box, clutch etc.
- In case of
accident or mechanical problems, involving the responsibility
of the renter, he will be charged for a minimum of 5 days (10 days for
exceptional cars), up to the time required for the final repair (daily
rate 1-3 days).
Equipment:
- Baby-seat: per rental Euro 30.
- GPS (Global Positioning System):
per rental Euro 50.
- Delivery and Collection: complimentary
in town.
- For other locations in France or Europe: ask the
price to the desk agent.
Use of the vehicle
- The Client undertakes to use the vehicle with due care and
respect the car maker’s
limits for the use of the
vehicle (number of passengers, maximum charge) which are available
in the car documents box and which he
has read.
- The Client
undertakes to check before he/she leaves the vehicle that all
doors are locked, that the windows
and sun roof are closed and that he/she has not forgotten the
keys in or on top of the roof of the car.
- The use
of the vehicle under the influence of any medicine, alcohol,
drugs or
any medicine affecting the ability
to drive is strictly prohibited.
- The Client
and/or the Driver are not allowed to sublet the vehicle and
to use it in the following
cases:
- in case of defect or breakdown;
- outside European standard asphalt roads;
- for any forms of motor racing events or competitive
sports and reconnaissance of races or racing tracks
for such events;
- for a transport of dangerous or forbidden goods (explosives,
inflammable, toxic or hazardous substances,
drugs etc.);
- for commercial purposes such as the transportation
of persons and goods against payment;
- for driving lessons;
- for towing or pushing other vehicles.
Potential applicable country restrictions are listed
in the specific annex signed by the Client.
- The
Client must pay and hold Elite harmless for any fine incurred
during his or her use of the vehicle.
Beyond
the obligation to inform the Client of the receipt
of the payment request by the police, Elite has no
obligation
to challenge or contest such fines. The Client authorizes
Elite to communicate to the competent authorities,
upon their request, the Client’s name and address and, if so requested,
copies of the Client’s identity
documents and driver’s license. If Elite has to pay such fines, this payment
represents additional amounts due
as per the Contract (art. 3.5.) which can be immediately charged
to the Client’s
credit card.
- It is
strictly forbidden to transform the vehicle, modify its technical
features, add or remove parts or
accessories, to engrave the vehicle or make inscriptions on it.
Maintenance of the vehicle
- The
Client shall perform the usual maintenance services and check
the level of water, oil, brake fluid and
pressure in the tires at least every 1000 kilometers.
- In
any event, the Client shall have the oil replaced by an official
representative of the car maker every 3,000
km after the delivery of the vehicle.
- Return
of the vehicle
- The Client
shall return the vehicle in perfect working condition and on
the date agreed in the Contract (during
business hours), with all accessories and documents delivered
by Elite. The Client has no right to retain the
vehicle for whatever reasons.
- In the
event that the Client leaves the vehicle at another place without
Elite’s prior
written consent, the Client
shall pay to Elite a supplementary allowance and penalty
of 4 Euros per kilometer for the distance between
that place and the agreed return place.
- If the
Client wants to extend the Contract, he must request it to
Elite in writing
at least 24 hours
before
the
expiration date. The Client is not entitled to
an extension and Elite shall have full discretion
in
its decision.
- If the
Client fails to return the vehicle at the agreed date, Elite
shall be entitled to a
daily
fee
equivalent to the
double of the agreed daily rental price for a
period of 60 days. After this period, if the
Client is
unable to
return the vehicle at all, because of theft or
other reasons, whether he is at fault or not,
he is liable
for
payment of the full replacement value of the
vehicle, under deduction of any amounts paid
to Elite by
its
insurance (if this option has been chosen by
the Client) as per the terms of art. 11 below.
Any
further
damage, in particular Elite’s loss of rental income are reserved.
Defect or breakdown during
the rental period
- By signing
the Contract, the Client confirms that the vehicle is delivered
in perfect working condition, with a
full tank of fuel.
- At the
time of delivery, the Client and the authorized drivers shall
check the vehicle for defect(s)
and the
accuracy of the delivery protocol. The Client shall immediately
notify such defect(s) to Elite. Failure to report
means acceptance of the vehicle as delivered. Elite accepts
no liability for defect(s) which were noticeable at
the time of delivery.
- If a defect
occurs after delivery, the Client must immediately stop the
use of the vehicle, inform Elite
and
request Elite’s written consent to the repair of the defect.
- Repairs
must be performed by the nearest authorized representative
of the car maker and require Elite’s prior
written consent.
- Elite
will reimburse the costs of the repair upon presentation by
the Client of the invoice and the damaged
parts, provided that the requirements set out in art.4
to 6 above are met and in particular that the defect
is
not the result of a careless use of the car or the
use of the car for a forbidden purpose (art. 5 and
6) or
by an
unauthorized driver (art. 4).
- If the
defect or the breakdown was caused by careless, forbidden use
or inaccurate maintenance,
the Client
is
liable for the entire damage, including a compensation
for the immobilization of the car calculated pursuant
to
art. 9 below and the costs for the repatriation
of the vehicle.
- In any event, Elite accepts no liability for any damages,
direct, indirect or consequential, to the Client or the
authorized drivers resulting from a defect of the vehicle, which
would not be covered by the insurances
mentioned in art. 10 and 11 below.
Notification of damages
caused to the vehicle and of its loss
- In the
event of an accident, a damage caused by other events (acts
of vandalism, attempt of theft), or a theft
of the vehicle, the Client shall take all necessary steps to
protect Elite’s interests.
- In particular,
the Client shall:
- not acknowledge any liability to a third party; and
- immediately inform Elite of any damage caused by an accident,
an act of vandalism or the loss of the
vehicle, stating all particulars of the incident; and
- call the local police and provide Elite within 24 hours
with a written police report regarding the event
which caused the damage or the loss of the vehicle. In
the case where a third party is liable for the
damage or loss of the vehicle, file a complaint against
that party; and
- fill out any forms required by Elite’s insurances.
- The Client
must bear the costs of the repatriation of the vehicle.
Liability to third parties
- The
Client and the authorized drivers are covered by Elite’s
third-party liability insurance which covers any
damage caused to third parties up to € 6´000´000
(Euros) for material and immaterial damage and without
restriction for corporeal damage.
- However,
in the event that Elite’s third-party liability
insurance refuses to cover the damage (as the damage
caused by willful misconduct or gross negligence) or in
application of the general terms and conditions of the
insurance, a copy of which is available at the Client’s request,
the Client’s liability shall remain full towards
injured third parties or Elite. The Client shall compensate
Elite for all damages as described in art. 7.4 above
and 11 below
Liability to Elite for
damages caused to the vehicle and for its loss
- The
Client is liable to Elite for damages caused to the vehicle
and for its loss, regardless whether the author of
the damage or loss is identified or not.
- In particular,
Elite is entitled to a compensation for the loss of revenue
due to
the immobilization of the
vehicle. Elite’s loss of revenue shall be calculated on the
basis of Elite’s rental price list applicable at the
signature of the Contract.
- Upon signature
of the Contract, the Client is offered the possibility to benefit
from Elite’s
insurance which
covers damages by collisions, accidents, theft or attempt
of theft, with deductible amounts (LTDD 1-3 = Loss,
theft & damage deductible) as described in art 11.4. The insurance
does not cover damages or losses caused
by fraud or breach of confidence (in particular voluntary
handing over of the vehicle to a third party). Theft
is
strictly defined as the involuntary loss of the vehicle
through the act of a third party. Voluntary handing
overof the keys of
the vehicle to a third party or to a driver, authorized
or not, who then steals it, is not
considered as theft as per the terms of the insurance
coverage.
- Insurances
and deductible amounts:
I. LTDD1 (full deductible). The Client/Driver benefits
from Elite’s
inclusive insurance and accepts his/her
responsibility for the full deductible which will
be withheld by Elite at the signature of the Contract.
The Client/Driver may choose these additional insurance
coverages offered by Elite:
II. LTDD2/Insurance 2 (reduced deductible). The
Client/Driver pays a daily fee to reduce the deductible
to the
amount indicated in the Contract which will be
withheld by Elite at the signature of the Contract
IV. LTDD3/Insurance 3 (lowest deductible). The
Client/Driver pays a daily fee (this fee is in
addittion to the
daily fee charged for Insurance 2) to further reduce
the deductible to the amount indicated in the Contract
which will be withheld by Elite at the signature
of the Contract.
Elite reserves the right to refuse all deductible
reductions. In such a case, the customer is fully
liable to Elite
for all damages and loss of the vehicle (No Insurance
Coverage).
- Regardless
of the option chosen by the Client, he/she remains fully liable
for all damages which
are not
covered by Elite’s insurance, in particular:
- loss of revenue due to the immobilization of
the vehicle;
- damages caused by acts of vandalism;
- damages caused by wars, civil disturbances
or riots;
- damages caused by a prohibited use of the vehicle;
- damages caused by inaccurate maintenance;
- damages caused to tires, inner equipment or
fittings and upper parts of the vehicle (canvas
cover,
tarpaulin, hood);
- damages caused to the roof of a convertible
(soft top, hood, mechanism or windows) by mistake
or
misuse;
- damages caused by failure to close the roof
of a convertible (rain, wind, etc.).
- Furthermore,
in the event that Elite’s insurance refuses
to cover a damage because it was caused by willful
misconduct or gross negligence or in application
of its general terms and conditions, the Client’s liability shall
remain full and the Client shall compensate
Elite for all damages and its entire loss,
in particular
the
value of
the vehicle as per art. 7.4 above. The damage
incurred by the loss or non-return of the vehicle
is due
and
payable to Elite at the latest 60 days after
the agreed return date. The damage for loss
of income
is due and
payable at the latest 120 days after the agreed
return date. From the agreed return date, a
late payment
interest of 5 % shall be paid by the Client
on the full amount of damages. After the above
payment
deadlines
have lapsed, the late interest to be paid by
the Client is 1 (one) per cent per month. Beyond
the
obligation
to
inform the Client timely, Elite has no obligation
to challenge in Court the decision of its insurance
on
the
extent of its coverage If the Client wishes
to challenge such decision at his/her own cost,
Elite, at its
full and
free appreciation, which can depend upon commercial
reasons, may decide to do so, provided that
Elite and
the Client have agreed on the choice of a legal
representation and that the Client has paid
the necessary
advances
on cost.
Early termination by Elite
Elite shall be entitled to terminate the Contract and request the
immediate return of the vehicle should the
Client breach any of his/her obligations under the Contract. In
this case, the Client shall return the vehicle, or
have it returned, at his own cost, within 24 hours to the agreed
return place.
Limitation of Elite’s liability
Elite is not liable for any delay, loss or damage resulting
from a defect or a breakdown of the vehicle. In any
case, except for gross negligence, Elite’s liability shall
not exceed the amount of the agreed rental price. Elite
shall not be liable in particular for any other direct, indirect
or consequential damages to the Client resulting
from such defect or breakdown. Elite shall however do its best
efforts to provide the Client with a replacement
vehicle, which does not have to be of the same category of the
one rented.
No set-off, no right to withhold the vehicle
The Client is not entitled to set off his/her debts towards Elite
against his/her own claims against Elite. In no
event the Client shall be authorized to withhold the vehicle.
Amendments
Any special provision or amendment to this Contract is null
and void unless it has been agreed upon in writing
and signed by both Parties.
Governing law and place of jurisdiction
- The
Contract is governed by French law and shall be considered
as executed in France. The French regulations
on Data Protection also apply.
- Any disputes
arising out of or in connection with the Contract shall be
submitted to the
exclusive jurisdiction
of the tribunal de commerce of the agency of the departure.
Cancellation policy – Low
Season March 1st – May 31st / September st – December
15th
- Cancellation
between 72 and 24 hours prior to the rental - 60% of the
estimated rental amount will be charged.
- Cancellation
between 24 and 0 hours prior to the rental - 100% of the
estimated rental amount will be charged
Cancellation policy – High
Season June 1st – August 31st / December 16th – February
28th
- Cancellation
between 15 and 72 hours prior to the rental - 35% of the
estimated rental amount will be charged.
- Cancellation
between 27 and 24 hours prior to the rental - 60% of the
estimated rental amount will be charged
- Cancellation
between 24 and 0 hours prior to the rental - 100% of the
estimated rental amount will be charged
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