Car rental in Europe, Canada, US - Renault Canada General conditions
The voucher delivered by Europ Auto, the official car rental supllier for Renault Canada, is not a rental agreement. When you pick up the vehicle, you must sign a rental agreement provided by the rental company and subject to local laws.
The content of the contract might be different depending the providers of car rental (Europcar, Avis, Budget), the country where the car is hired.
It is the hirer's responsability to get proper information before he (she) takes delivery of his (her) vehicle.
Hereafter is the text of the Terms & Conditions appliable for a rental agreement signed with Europcar France.
Europcar France : Terms & Conditions of Hire
By entrusting this vehicle to you, Europcar France and its franchise network make a commitment to you, and you to them, on the contractual terms and conditions of hire set out below, subject to force majeure as defined under Article 1148 of the French Civil Code. Any deviation from these terms shall require prior consent in writing from the company.
1 - DEFINITIONS AND GENERAL PRINCIPLES
The various notions to which these terms refer shall be construed in accordance with Recommendation 96-02 of the Commission on Unfair Terms, and generally applicable law relating to leases (Articles 1713 et seq. of the French Civil Code).
The hire contract is made on a personal basis, and may not be transferred.
"You", "the hirer", means the drivers and payers mentioned in the hire contract and those signing it, who are deemed hirers.
"We", "the company", means Europcar France or any of its franchisees, whose corporate name is mentioned in the hire contract.
"The vehicle" means a passenger car or utility vehicle let to you for the duration agreed under the Hire Contract.
"Damage" shall mean any damage to the vehicle including glass damage, which shall include lenses, mirrors and lights.
"Theft" of the vehicle shall include vandalism, theft of accessories and attempted theft.
"The Territory" shall mean the countries where the vehicle may circulate, namely:
2 - PRE-CONDITIONS FOR HIRE
You are required to give us, with supporting evidence, all the essential information to draw up your hire contract and in particular your identity, address, the category and date of issuance of your driving licence, and the form of payment for your hire.
A ny driver must have held for at least 12 months a currently-valid licence, corresponding to the category of vehicle hired. He or she shall also be aged over 21 (the age required may be higher for certain categories of vehicle).
You will be required to make, at the start of hire, a pre-payment in the foreseeable amount of the hire bill, plus the deposit.
3 - THE VEHICLE
3-1 The vehicle's condition
A document describing the vehicle's condition is attached to your contract. You agree to put on it in writing, before departing the station, any apparent damage not described.
If not, we shall be deemed to have delivered a vehicle complying with the statement.
We are unfortunately unable to accept claims relating to apparent damage not reported at the time of departure.
You must return the vehicle in the condition in which you received it. Any reconditioning costs caused by the hirer's misconduct shall be added to the cost of hire, subject to the terms of the section "Optional contractual waivers".
3-2 Use of the vehicle
You must never drive the vehicle elsewhere than in the Territory (see definition, Article 1).
In accordance with the principle of personal penalties, you are responsible for the offences committed during the term of the hire. Accordingly, you are informed that your references may be notified to the police authorities on demand.
You undertake to use the vehicle in a prudent and reasonable fashion, and in particular, without being under the influence of alcohol, narcotics or any other substance liable to be detrimental to your driving ability, as laid out in the Highway Code, and in accordance with its intended use, which, for a passenger vehicle, means mainly the
carriage of persons on a gratuitous basis, and for a utility vehicle, mainly the carriage of goods.
We wish to draw your attention to the size of utility vehicles, which requires increased attention for certain manoeuvres (reversing, for instance) and may make it impossible to use some road facilities (tunnels, bridges, etc.), for which the maximum headroom is signposted ahead, in accordance with the legislation.
CAUTION : Impacts on the top and bottom body-work are not covered by the damage waiver, subject to proof of force majeure.
In particular, you may not use the rental vehicle :
- for rehire;
- for carrying passengers for hire or reward;
- to carry a number of persons in excess of that mentioned on the vehicle's registration certificate;
- to take part in rallies, contests, or trials, wherever located;
- to give driving lessons;
- to push or tow another vehicle (except vehicles fitted with a tow-hook - maximum
load 1,000 kilo);
- on roads unfit for motor vehicles, or the surface or condition of which involve risks for the tires or parts under the vehicle;
- to commit an intentional offence.
The goods and baggage carried in the vehicle, including their packaging and fastening, shall not damage the vehicle or cause unreasonable risks for its occupants.
When you park the vehicle, even for a short stop, you undertake to lock the vehicle and to use the alarm and/or anti-theft devices fitted to the vehicle.
You should never leave the car unoccupied with the keys in the ignition. Failure to return the keys shall render the theft waiver void.
In the event of damage or theft, you must forward to the company as soon as possible the accident report or receipt of theft report issued by the authorities, together with the vehicle's keys and documents.
3-3 Maintenance - Mechanical problems
During your hire and according to the mileage run, you will be required to perform customary inspections (oil level in excess of
protective action, such as an emergency stop.
CAUTION: Article 3-2 lists minimum obligations to be observed during your custody of the vehicle.
The vehicle is provided to you with five tyres (or alternatively four tyres plus an anti-puncture kit) in a condition meeting the traffic-legislation requirements. In the event of damage to one of them otherwise than by ordinary
wear and tear, latent defect or force majeure, you undertake to replace it immediately at your own expense with a tyre of the same size, type, brand and wear.
In the event of mechanical breakdown or accident, you are provided with an assistance service, included in the price of the hire. The terms of that assistance are set out in the brochure "Insurances, Assistance Conditions and Useful Advice" put at your disposal.
If the milometer has not run for a reason other than technical malfunction, the hirer shall pay for mileage on the basis of
4 - DURATION OF THE HIRE
4-1 Definition and computation
The hirer agrees to return the vehicle to the company on the date specified by the hire contract, under penalty of civil and criminal legal proceedings.
A hire contract shall have a maximum duration of 30 days, including extensions.
The hire duration shall be determined by indivisible periods of 24 hours, starting from the time when the vehicle is made available; you are allowed, however, a 29-minutes tolerance at the end of the hire before a new period of 24 hours is applied.
If you wish to keep the vehicle beyond the duration specified in the contract:
- you are required to visit the Europcar departure agency as a priority, or otherwise, the Europcar agency specified by the departure agency (or, solely for renters who are also holders of a EUROPCAR payment card, to the EUROPCAR station that will be indicated to you by your original check out station).
- and to pay the supplementary fee and costs at each close of the hire contract.
4-2 End of the hire
The hire shall end upon return of the vehicle, its keys and documents at the company's counter, to a uniformed Europcar agent. In no event will you return the keys to persons present on the car parks and claiming to be Europcar agents.
In the event that the vehicle were to be returned without its keys, the cost of their replacement will be charged to the renter, as well as of bringing the vehicle back .
The company shall bear no liability for property left in the vehicle at the end of the hire.
CAUTION: Only transfer of possession of the vehicle, documents and keys to the agent during the agency's opening hours shall put an end to the hire contract.
Reminder: you are liable until the end of the hire contract.
Exceptions: if the vehicle is confiscated or seized, the hire contract may be terminated as of right as soon as the company is informed by the judicial authority or hirer.
Any use of the vehicle detrimental to the company shall be cause for the latter to terminate the contract as of right.
In the event of theft, the hire contract shall end upon delivery to the company of the complaint lodged with the appropriate authorities by the hirer.
In the event of accident, the hire contract shall end upon delivery to the company of the accident report duly completed by the hirer and any third party concerned.
5 - PAYMENT
Hirers shall be jointly liable for the cost of hire.
The estimated cost of hire and services is payable in advance. It includes: the hire fee, computed according to the prices in force at the time of the contract's signature, any fees or costs for options accepted by the hirer, the various contributions relating to supplementary insurance or waivers taken out ; plus 20% which add the deposit and the
evaluation of the fuel service specified in the "Rental’s Guide" brochure.
For payments made by bank card, only an authorization will be asked for at the time of hire. Upon return, the amount of the bill shall be charged automatically to the account corresponding to the card submitted, unless the hirer offers another means of payment accepted by the company.
The client accepts to be charged on the same account the amount of excess charges and other charges in case of damage or theft of the hired vehicle.
Beyond 30 days' hire, a bill shall be issued, and shall be paid immediately, even if the hire continues.
If the due date for payment stated on the bill is exceeded, the hirer shall be liable, after notice, for late-payment interest on the amount due, at the legal rate plus 50%.
The hirer expressly agrees that failure to make a single payment when due or delinquency shall entail immediate maturity of all outstanding bills, and entitle the company to claim immediate return of vehicles currently hired.
5-1 Applicable prices
The prices applicable to the hire, supplementary services, and optional waivers or insurance shall be those in force at the time of the contract's signature, and based on the information you have provided (duration, return station, etc.). Any change of such information shall entail application of a substitute price, mentioned in the brochure for the
agreed price.
The vehicle is provided to you with a full tank. You shall return it in the same condition.
If not, you will be charged for the missing fuel.
5-2 Deposit
The amount of the deposit shall depend on the category of vehicle hired and on the supplementary waivers taken out. It is intended to cover any loss incurred by the Company as a result of damage to or theft of the vehicle. Its amount is specified in the “Rental Guide” brochure and, at the time of hire, on your contract.
If the hirer has not taken out the optional contractual waivers (damage and/or theft), the deposit shall amount to the hirers' maximum liability, according to the category of vehicle made available, as specified in the “Rental’s Guide” brochure.
If the hirer has taken out the optional contractual waivers for damage (CDW or SCDW mentioned or ticked on the contract) or theft (TW or pack “SLDW” mentioned or ticked on the contract), only a deposit equal to the non-reimbursable excess charge amount to be borne by the hirer in the event of theft or damage will be required.
The deposit shall accrue to the company in the event of damage caused by the hirer or theft of the vehicle (subject to the contractual waivers specified below), to the extent of the damage suffered.
If there is no damage and/or theft, the deposit actually paid shall be refunded at the end of the hire, subject to the 21-day cashing period for checks.
5-3 Foreign exchange conversion of payment
The renter who elects to pay at the start of the rental with a credit card issued in a non euro billing currency has the choice to pay either in Euro or in his credit card billing currency.
This choice may be amended by the renter at time of check in, when requesting a printed invoice, otherwhise the check out choice is considered final.
If the Renter elects to pay in the credit card billing currency the final charged amount (full taxes included) of the rental will be converted at the rate of exchange determined by the Interbank Cardschemes, aggregated for the day, plus a commission of 2,75%.
If for whatever reason the conversion can not be processed by the Lessor, the transaction will be submitted in Euro.
6 - LIABILITY IN THE EVENT OF DAMAGE TO THE VEHICLE HIRED OR THEFT
You are responsible for the vehicle in your custody.
Accordingly, in the event of theft of the vehicle or damage to it for which you are responsible, or in the absence of any liability of a Third Party, you shall indemnify the company for the damage actually suffered (cost of repairs, market value of the vehicle, immobilization costs, administrative costs, etc.).
Upon the end of the hire, in the event of damage or theft, you shall be charged an amount equivalent to the non-waivable amount (see price brochures). If the amount of damage to the company exceeds that amount, you shall be billed for the difference.
If the damage to the company is mitigated (vehicle recovered within 60 days, contributory or complete liability of a third party, etc.), the hirer(s) shall be reimbursed to the extent of that mitigation.
This liability shall be limited if you have taken out the "limited liability" waivers for damage or theft specified under Article 7.
7 - OUR OPTIONAL CONTRACTUAL WAIVERS
7-1 DAMAGE AND/OR THEFT WAIVER
CAUTION: ALL THESE WAIVERS APPLY ONLY IN THE TERRITORY (SEE LIST OF COUNTRIES IN 1 - DEFINITIONS), DURING THE TERM OF THE HIRE CONTACT AND SUBJECT TO COMPLIANCE WITH ARTICLES 2, 3-2, AND 4-2 OF THESE TERMS.
In order to reduce your responsibility to the non-reimbursable excess charge amount, you m ay take out cover for the waiver charge for damage (“CDW” or “SCDW” (Super Collision Damage Waive r )mentioned or ticked on the contract) and/or theft of the hired vehicle (“TW” or pack “SLDW” (Super Loss and Damage waiver) mentioned or ticked on the contract), in consideration of a flat-rate payment per day of hire. Some of our prices include these waive r s .
Even if you take this option, you will be charged the non-reimbursable excess charge amount for each incident, according to the category of vehicle, as specified in the “Rental’s Guide” and your contract at the time of hire.
If the actual amount of damage incurred by the renter out is lower than this amount, you will be charged the lower of the two.
If you bear no responsibility whatsoever, and upon refund from the liable third party, this will be refunded to you in full.
7-2 INVALIDATION OF WAIVERS
Drivers not specified in the hire contract, for whom the hirer shall remain liable, are not entitled to the benefit of the collision damage or theft waivers for the vehicle.
Failure to comply with any of the express terms of Articles 2, 3-2 or 4-2 hereof shall cause the contractual waivers taken out to be voided. The hirer or hirers shall then be liable for the full cost of claim in accordance with generally-applicable law governing liability.
8 - INSURANCE/ASSISTANCE
All our vehicles are covered by a "Third-Party Liability" policy in accordance with the legislation in force. They are also covered by an assistance contract.
You may also take out optional driver, passenger and personal effects insurance.
”The conditions and limits of the obligatory or optional insurance policies, of the contractual covers, and those of the assistance contract are set out in the “Insurances, Assistance Conditions and Useful Advice” brochure, which is put at renters’ disposal”.
9 - AGREEMENT REGARDING EVIDENCE
The contract's image shall be stored on a physically unalterable medium. The parties agree that this image shall have the legal validity of an original document.
10 - JURISDICTION
The Courts at the location of the company's principal office shall have jurisdiction, to the extent permitted by law, over any dispute among tradespeople arising out of this agreement and which cannot be settled amicably.
Act dated January 6, 1978
In order to exercise your right to access or correction, or in order to object to disclosure of your personal data particularly to other commercial companies, you may write to:
Europcar France - BP 19 - 78184 Saint-Quentin-en-Yvelines Cedex (France)