GENERAL CONDITIONS FOR RENTING VEHICLES WITHOUT DRIVER
Barthloc, also referred as the car rental company, rents to the car tenant , signatory of the present contract , the vehicle mentioned on the front page , according to the following clauses and conditions, which the tenant accepts without reservation.
Barthloc, also referred as the car rental company, rents to the car tenant, signatory of the present contract, the vehicle mentioned on the front page, according to the following clauses and conditions, which the tenant accepts without reservation.
Article 1- Use of the vehicle
Failure to comply with any of the obligations described in this article shall result in the forfeiture of the insurance cover, including any additional cover. The lessee is responsible for the vehicle until it is picked up by a Barthloc agent. The lessee assumes custody of the vehicle and control of the driving and transport operations. At the risk of being excluded from the insurance guarantee, the hirer undertakes not to let the vehicle be driven by persons other than himself, except those approved by Barthloc and mentioned on the front page and for which he guarantees himself in accordance with article 1384 of the civil code. He undertakes that the vehicle will not be used: - for propelling or towing any vehicle or trailer, - by any person under the influence of alcohol or narcotics, - for racing or any other type of competition, - for the transport of passengers in exchange of any kind of payment or remuneration, - overloaded, the rented vehicle carrying more passengers than the authorized number or a load exceeding the authorized payload, - by a person who has provided the lessor with a false identity, age or incorrect address. It is specified that the vehicle may only be driven by the persons designated and on condition that the said persons meet the following conditions: TWO WHEELS: - under 50 CC : 16 years old and over (BSR/AM licence : born from 01/01/88), - over 50 CC : 18 years old and over, B driving licence/ A1 licence required, QUADS: - 18 years old and over, B driving licence. ELECTRIC CARS: - 18 years old and over. FOUR WHEELS VEHICLES, all categories: - 18 years old and over, B driving licence. Barthloc reserves the right to refuse to rent to anyone who does not appear to meet the criteria for proper use of the vehicle.
Article 2- Condition of the vehicle and accessories
The renter acknowledges that he has received the vehicle in perfect working order and cleanliness. The lessor delivers the vehicle to the lessee with a full tank of fuel. The return must be carried out under the same conditions, the fuel being at the expense of the lessee. If this is not the case, the lessor will invoice according to a scale posted at the agency for the additional fuel required to fill the tank. The hirer is responsible for any damage other than that due to normal wear and tear and in particular to voluntary or involuntary damage to bodywork, tires, rims, mirrors, interiors (waste, sand,…), seats (cigarette burns, stains of humidity,…). Please note that it is forbidden to smoke in the vehicles. Damage, deterioration and repairs remain the responsibility of the lessee even if the lessee has taken out additional insurance reducing the deductible. The lessor reserves the right to charge a cleaning fee (variable rate depending on the vehicle and degrees of soiling, available at the agency) in the event that the vehicle is not returned in a suitable state of cleanliness. The lessor also supplies various accessories (helmets, gloves, child seats,). In the event of non-return of the accessories made available (loss or theft), the lessee must compensate the lessor for the value of the accessories, according to a scale available at the agency.
Article 3- Contract and payment
Prices are displayed in euros at the current rate for the current year and according to the season (high, medium, low). In the case of payment in US dollars, the payment will be increased by 20% corresponding to the fees and exchange rate. The lessee undertakes to collect and return the vehicle on the date and at the place specified in the rental agreement. The handing over of the vehicle to the lessor alone shall terminate the rental. Any contract started is due; the full amount of the rental will be charged even if the vehicle is returned earlier than the date stated on the contract. Delivery: In case of delivery outside the opening hours of the agency, an amount of 30€ will be charged. In case of delivery and/or pick-up of a vehicle at the airport, at the hotel or in a villa, an amount of 15€ will be charged per day and per vehicle. In the event that the hirer wishes to keep the vehicle for a longer period than originally agreed, he must, after obtaining Barthloc’s agreement, send a payment before the start of the extension period. If the vehicle is not returned to Barthloc on the agreed due date, in the absence of a written agreement for an extension, the lessor reserves the right to recover the vehicle at the location and at the expense of the lessee without the lessee being able to rely on an abusive breach of the rental agreement. The hirer undertakes to pay the lessor at the latest at the end of the rental period: - the additional fee for the repatriation of the vehicle if it is not returned to the place agreed with the lessor, - all fines, tickets, costs, expenses and taxes on all infringements applicable over the duration of the contract. In the event of the lessor’s intervention in the processing of these fines or tickets, the lessor will charge the lessee a lump sum of 25€ per intervention as a handling fee, - the costs incurred by the lessor to ensure the repair of damage due to an accident or damage caused to the vehicle, within the limits of the deductible conditions stipulated in Article 5 and according to a rate available at the agency, - the amount of the civil liability deductible, pending the determination of the tenant’s liability for damage caused to third parties. In the case of the tenant’s non responsibility, the present deductible will be reimbursed within 4 weeks. Barthloc reserves the right to charge the credit card of the lessee in the event that the vehicle is not returned at the time a place specified in the contract and the lessor has not received any notification from the lessee. The amount debited will correspond to the daily rate set out on the front of this contract.
Article 4- Cancellation policy
In the case of a reservation on the website, the total amount of the rental will be debited to a secure website. In case of cancellation more than 48 hours before the day of the vehicle pick-up, 50% of this amount will be refunded, otherwise no refund will be accepted for any cancellation less than 48 hours before. In the case of a reservation made in advance by phone or email, a 15€ handling fee will be charged. At the time of booking, a deposit of 50% of the total price will be taken. In case of cancellation of the reservation, this deposit is not refundable. The balance will be due 48 hours before the day of the vehicle pick-up. No refund will be possible. Any contract started is due. In case of refund by bank transfer to a foreign bank, a fixed fee of 75€ will be retained for bank charges. In the case of a rental for the same day at the agency: The total amount of the reservation will be charged immediately. No refund will be possible. Any contract started is due.
Article 5- Insurance
Only the hirer and the drivers approved by Barthloc in accordance with Article 1 can be insured. The tenant and the approved drivers undertake to participate as insured persons in the benefit of the insurance policy, a copy of which is available to them at the agency. This policy covers unlimited damage against third parties in accordance with the regulations in force in the country where the vehicle is registered. The lessee hereby agrees to the said policy and undertakes to observe its terms and conditions. Furthermore, the lessee undertakes to take all useful measures to protect the interests of the lessor and the insurance company in the event of an accident during the term of this contract and in particular: - report any accident or theft to Barthloc within 24 hours, - state in the claim form circumstances, the names and addresses of any witnesses, the name and address of the opposite party’s insurance company and the police number, - attach to this declaration any police or gendarmerie report, receipt for filling a complaint, - not discuss liability or deal or transact with any third part in connection with the accident, - do not abandon the vehicle without having secured its safety. In the event of a claim with damage to the rented vehicle resulting from a collision, at the expense of the tenant, with a third party or a fixed or mobile body, in all cases, a deductible of 700€ will be charged to the lessee. In all cases, the hirer must pay the deductibles for civil liability and damage and can only be reimbursed when the lessor’s insurer has confirmed that the hirer has no share of responsibility in the loss. Schedule of deductibles for damage and theft suffered by the rented vehicle: - vehicles from 0 to 6 months inclusive: new value of the vehicle on the territory of ST BARTHELEMY, - vehicles older than 6 months: the deductible is set at the market value of the vehicle on the day of the accident. A partial surrender of the deductible for damage to the rented vehicle can be purchased for cars only. In this case, the deductible for damage (excluding theft) is reduced to 700€. For all other vehicles, a deposit will be required at the time of rental; the amount of this varies according to the type of vehicle 5 rates available at the agency. Are excluded from the insurance cover and entail the total responsibility of the tenant even if a guarantee of repurchase of excess has been subscribed: - use of the vehicle in a manner not intended by the manufacturer or the driving code, - impact damage to underbody, undercarriage, trains, exhaust pipes and more generally the underside of the vehicle, - the impairments referred to in Article 2. The tenant has the legal custody of the vehicle according to article 1384 of the civil code; he undertakes to keep it closed outside the periods of use or for two-wheelers, quads and electric cars not to leave the keys and/or helmet on the vehicle. In the event of theft of the vehicle or damage cased to it by the lessee, or in the absence of fault of a third party, the lessee shall compensate the lessor for the loss suffered. The vehicle is insured for the period shown on the rental agreement and for the extension period accepted by Barthloc. The lessor shall not be liable for any damage caused to the goods and valuables deposited in the vehicle belonging to the lessee during the rental period. The lessee undertakes to report immediately to the lessor any anomalies found on the vehicle during the rental period.
The lessor undertakes to repair the rented vehicle within 24 hours. Breakdowns are only carried out during the opening hours of the agency. Any displacement, following a puncture, a bad use of the vehicle or an accident, is charged 15€. Towing in a garage is charged 40€ for a scooter, 50€ for a quad, 150€ for a car. The lessor undertakes to provide a replacement vehicle, depending on availability; the vehicle may be of a different type. The renter will not be able to claim damages in the case of immobilisation of the rented vehicle, in the event of breakdown or repair during the rental period.
Article-7 Dispute resolution
In the event of any dispute relating to this contract, only the courts of the registered office of Barthloc shall be competent.