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USE OF THE VEHICLE AND EXCLUSIONS OF
INSURANCE COVER ON THIS GROUND
The failure
to comply with any one of the obligations described in the
present article shall result in forfeiture of insurance cover,
except, where applicable, the exclusions provided for by
law.
The Renter undertakes not to allow the vehicle to be driven by persons other
than himself or those approved by the Owner and for whom he shall be answerable,
in accordance with article 1384 of the Civil Code. He also undertakes that
the vehicle not be used:
a) For the purposes of contest or trials, eve, on private circuits, subject
to prior consent in writing form the Owner.
b) By any person under the influence of alcohol or narcotics, or any other
substance liable to affect driving, not by himself in any such circumstances.
c) For illicit purposes or in the case of private cars for the carriage of
goods or for any professional passengers transport activity.
d) Overloaded, for example when the rented vehicle transports more passengers
than the number specified in the log-book.
e) By persons other than those described overleaf, subject to the prior authorisation
of the Owner an provided that the said persons are aged at least 25 years old
(except prior derogation notified by the Owner) and have held a full valid
driving licence for at least between two and five years, it depends on the
model of vehicle.
f) The Renter likewise undertakes:
- To keep the said vehicle closed, locked and closed roof, and the alarm in
operation when he is not using to keep in his possession. The renter also undertakes
to use the antitheft device each time he stops.
- to hand the vehicle’s keys and documents, without fail back to a JUST4VIP
agent at the Owner’s counter on return of car. Failing this, the customer
shall be liable if the vehicle is stolen. Except in the event of theft, the
renter shall be liable for all the costs the Renter has to incur for having
new keys made and retaking possession of the vehicle, and for any fine within
the 24 hours following the end of the rental, if any.
- Never to assign this Agreement or sell, mortgage or pledge the vehicle, its
equipment or tools, or deal with them in any way to the detriment of the Owner.
If any of the said undertakings is not complied with, the Owner shall be entitles
to serve formal notice on the renter requiring him to return the vehicle
immediately.
CONDITION OF VEHICLE
The Renter
acknowledges that he received the said vehicle in perfect working
order and in a clean condition. At the departure and return,
a car statement will be done by the Renter and the JUST4VIP Agent,
witch will be signed by the two parts. At the return of the vehicle,
all damages noticed and no drawn up at the departure will be
charged to the Renter. The five tyres are in good condition and
undamaged. In the events of the deterioration of any of them
for any reason other normal wear and tear, the Renter undertakes
to replace it immediately and at his own expense by another tyre
the same make, dimensions and equally worm.
The odometer
and connections there to must not be tampered with. If the odometer
has failed to operate for any reason other than a technical defect,
the Renter shall pay for the Rental at a rate based on a distance
of 500 km per day, without prejudice to proceedings for fraudulent
use.
The Renter shall be liable for deterioration other than normal wear and tear,
suffered by the vehicle as a result of loading being carried out without adequate
precautions or with goods capable of deteriorating the equipment, or owing
to use of roads unsuitable for motor vehicles, or, when the law so permits,
for any other reason not immutable to the Owner.
RENTAL – PAYMENT – EXTENSION
The scales
off charges applicable to the rental shall be the scales in force
on entering into the contract. The cost of the rental shall be
payable in advance and the amount of the advanced shall be determined
on the basis of the agreed duration of the rental agreement and
the payment charges in force.
The renter
who wishes to keep the vehicle for a period longer than agreed
at start of Rental must obtain prior approval from the Owner
and immediately forward the balance of the rental currency owing,
if any, and the advanced payment corresponding to the new rental
period agreed.
Under no circumstances
may the advanced payment be used for extending the duration of
rental.
The renter
undertakes to return the vehicle to the Owner at the date specified
on the rental agreement (since only the delivery of the vehicle
to the Owner at the agreed place shall terminate the rental)
on penalty of which he runs the risk of Civil or Criminal court
proceedings, except in a case of “force majeure”.
The Renter
undertakes to specify the accurate and full address of this domicile
at the beginning off the rental.
PAYMENTS
The persons
whose details are set out in the Box “Billing” on
front of Agreement and the drivers approved by the Owner undertake
jointly to pay the following, in accordance with articles 1200
and following of the Civil Code:
The charge
in respect off duration of the rental, the cost “per kilometre” defined
by the scale of charges agreed at the outset off the rental provided
the renter has complied with the conditions for application of
the said scale of charges. If not, the charges at the substituted
scale referred to in the agreed scales of charges (made available
to the Renter).
The number
of kilometres driven shall be that indicated on the odometer
installed in the said vehicle by the car manufacturer.
The supplementary
charge in respect of delivery charge, if applicable, or if the
vehicle is left a place other than the one agreed without the
Owner’s written consent, an indemnity based on the number
of kilometres or a fixed charge for leaving the car elsewhere
than agreed.
Nethertheless,
in case of theft and (or) damages, the renter will have to pay
all the charges and cost left to the Owner, up to the limit of
the Renter’s liability amount (witch can not be waived),
duly indicated on the rental contract.
The Renter’s
liability amount, as indicated on the rental contract.
1) In the event of damage: - The Renter will be liable of any damage
with may occur to the vehicle, to it’s accessory (including the hood),
during the rental period (up to the limit of the Renter’s liability amount).
2) In the event of theft : - In case of theft the renter will be
liable of the whole Renter’s liability amount if the vehicle is found more
than 30 days after registration of a complaint.
If the vehicle
is found within such 30-day period, the Renter shall be liable
of the Renter(s) liability amount multiplied by the ratio of
the number of days between the complaint and the date of finding
to 30 days, and for the amount of charge, if any (up top the
limit of the Renter’s liability amount).
Without any
keys or documents, the renter will be liable for the payment
of an excess in case of responsible damage, theft of the vehicle
or without third party presence (full responsibility engaged
or shared).
Even if the
vehicle JUST4VIP has no damage, a prepaid excess of
$2,586 will be owed by the renter.
If the vehicle
is damaged the renter will pay the amount of repairs beyond the
first
$2,586 and the limit of the prepaid Excess duly notified on the rental agreement.
If the Renter
or his co-obligator fails to comply with these General Conditions
of Rental, he shall also be liable for any damage to the vehicle
or for its market value. The same provision shall apply in the
event of any exclusion from the insurance cover.
Any Fines,
cost, expenses and dues in respect of any infringements of the
traffic, parking other legislation for which the Renter of the
Owner is responsible in the course of the duration of this agreement,
apart from any infringements resulting from an error for witch
the owner is responsible.
The renter
expressly agrees that failure to make payment of any invoice
when due or any other delinquency shall entail an acceleration
of maturity of all invoices not matured, and shall allow the
owner to demand immediate return of the vehicle during rental.
Any claims
relating to the vehicle or to the billing shall be made within
30 days following the date the bill is issued.
INSURANCE (EXTENT – EXCLUSIONS)
1)
The renter and any driver of the vehicle authorised in accordance
with Article 1 above, undertake to participate as insured parties
in the benefit of a car insurance policy, a copy of witch is
available for inspection by the renter at the owner’s main
Establishment. The said policy covers third party loss and damage
in accordance with the regulation in force.
2) The renter hereby approves the said policy and undertakes to comply
with the clauses and conditions thereof. Moreover, the Renter undertakes to take
all necessary steps for protecting the interests of the owner and the owner’s
insurance company in the event of an accident during the term of this Rental
Agreements and in particular :: - To declare any accident, theft or fire, even
partial, to the Owner in writing, in two days, and any accident in this declaration,
the circumstances, date place and time of the accident, the name and address
of any witnesses the name and address of the Owner of the other vehicle involved,
the registration number of the other party’s vehicle, the name of his insurance
company and the number of policy.
- To enclose with the said declaration, any accident report drawn up by the
police or ”gendarmerie” and any bailiff’s report if they
have been drawn up. - Not to discuss liability or negotiate or settle damages
with third parties in connection with the accident or the consequences there
of.
3) The vehicle is only insured for the rental period indicated on
the rental agreement. After the said time limit, unless an extension is agreed
to, the Owner declines all responsibility for any accident that the renter may
have caused and he will have to make his own arrangements with regard there to,
subject to the exclusions provided by law.
4) The Owner disclaims any liability for objects left in the vehicle
during and at the end of rental period.
5) In every case, the Renter is obliged to use the utmost care and
attention in the use of the vehicle in order to avoid the occurrence of blows
to the underside or lower bodywork of the vehicle. This may apply for example
in the event of collision with road installations and sign post or in parking
areas or when the ground is in poor condition or is unlevelled, and the cost
of the repairs relating there to shall be the responsibility of the renter. A
renter who damages a vehicle undertakes to remit a duly completed declaration
on his return or subsequently in the case of “force majeure”. Failure
to comply with any of the foregoing obligations shall cause the cover for damage
to the vehicle to lapse.
6) The Owner declines all responsibility for accident to third parties
or damage to the vehicle that the renter may cause during the rental period if
the Renter has deliberately supplied the Owner with false information relating
to his identity and/or his address and/or the validity of his driving licence;
indeed, in this case he shall no longer benefit from the insurance policy.
7) The customer is aware and accepts that the car may be equipped
with a GPS-system and its position can therefore be identified at any moment
by the electronic service.
MAINTENANCE AND REPAIRS
Normal Mechanical
wear and tear is the responsibility of the Owner.
If the vehicle is immobilised the repairs may not be carried out until the
Owner has given his written approval and in accordance with the Owner’s
instructions ; they must be set out in a detailed and receipted invoice, and
defective parts that have been replaced must be presented with the receipted
invoice.
FUEL AND OIL
The Renter
shall bear the cost of Fuel. He shall be required to check at
all times the oil and water levels, and the filing of the gearbox;
he shall be required to provide paid invoices to obtain the related
refund.
In default there of, the renter shall bear the cost of engine reconditioning.
ADDIONAL LIABILITY
The Renter
and approved drivers shall be criminally liable for any breaches
of the Highway Code committed while driving the vehicle.
The aforesaid parties expressly permit the Owner to disclose their identities
and addresses to the Police or Gendarmerie on demand.
All rented
cars are not allowed to be driven outside the French Territory.
The renter
who shall not respect this restriction must be aware that the
vehicle will not be insured at all and that he will then be fully
liable of any prejudicial consequences.
VALIDITY OF THE AGREEMENT
Unless they
made in writing, any amendments made to the clauses and conditions
of this Agreement shall be null and void.
SETTLEMENT OF DISPUTES
In the event of any dispute
relating to this Agreement and insofar as the law so allows, the Court within
whose jurisdiction the Owner’s Registered Office is situated shall alone
have jurisdiction.
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