Terms and Conditions
Rental conditions
The name of the Hirer indicated on the rental contract is that of the main driver, who must be present when the contract is signed and to whom the rental charges will be billed.
Additional drivers may be added to the rental contract without financial compensation.
Except for legitimate and unforeseeable reasons, only the drivers mentioned in the rental contract are authorized to drive the Vehicle.
The rental contract is personal and non-transferable.
The Hirer and the authorized drivers mentioned on the rental contract must present a valid identity card or passport and a valid driving license issued more than 24 months previously.
The Hirer and the authorized drivers are responsible to Locavan Paris for the full performance of these rental conditions.
As soon as the Vehicle is handed over, the Hirer becomes fully liable in accordance with article 1384 of the French Civil Code.
LocaVan Paris reserves the right to immediately and automatically terminate the rental without justification or compensation in the event of a breach by the Renter of any of the essential obligations of the rental contract, in particular the conditions of use of the Vehicle, payment and return conditions.
Vehicle use
The Hirer undertakes :
- to allow the Vehicle to be driven only by the drivers mentioned in the rental contract;
- to use and maintain the Vehicle with due care;
- to use the Vehicle only on roads suitable for motorized traffic;
- to travel only within the authorized territories of mainland France (including Corsica), neighbouring countries, member states of the European Union, the United Kingdom and Norway, except with the prior written consent of Locavan Paris;
- to use the rented Vehicle in accordance with the provisions of the Highway Code and, more generally, in accordance with the legal and regulatory provisions of the country in which it is used;
- not to use the Vehicle under the influence of alcohol, drugs or any other substance affecting consciousness or the ability to react;
- to comply with the Vehicle's intended use (as a private individual's vehicle) and in particular not to sublet the Vehicle, nor in excess of the Vehicle's seating capacity; not to take part in competitions, rallies or motor races;
- not to use the Vehicle for any illegal, immoral or unauthorized purpose;
- not to attach other vehicles, trailers or any other object to the Vehicle and not to make any modifications to it without the express prior written consent of Locavan Paris;
- lock the Vehicle when parked and use any alarm and/or anti-theft devices fitted;
- not to smoke in the vehicle.
Vehicle condition
The Vehicle is delivered in apparent good working order and with bodywork and tires in good condition.
By signing the contract, the Hirer accepts the Vehicle in the condition in which it is found and undertakes to return it in the same condition.
A description of the Vehicle is attached to the contract. It indicates any apparent damage to the Vehicle, the number of kilometers covered by the Vehicle and the fuel level.
The Hirer undertakes to check that the condition of the Vehicle corresponds to the description and to draw up a joint inspection report before leaving the Agency, if the Hirer notes any apparent defects that are not included. Failing this, the rented Vehicle will be considered as conforming to the description. LocaVan Paris will not be able to take into account any claims concerning apparent damage that has not been indicated on the description. Any damage will be charged to the Renter, and will be repaired by our partners.
The Vehicle must be returned with the same level of fuel as shown on the rental contract on the day the Hirer receives the Vehicle. Failure to do so will result in a surcharge of 40% on the missing fuel.
Fines
The Tenant is responsible for any offences committed during the rental period. In accordance with articles L.121-2 and L.121-3 of the French Highway Code, the Renter's contact details may be communicated to the relevant authorities. In the event of the Renter's intervention, in particular in the processing of fines, tickets or official statements of offence, the Renter will be liable to pay a processing fee of 20 (twenty) euros (all taxes included). The Hirer expressly authorizes LocaVan Paris to use his/her means of payment, in particular a credit card, to obtain payment of the corresponding amount.
Accidents, breakdowns and theft
In the event of breakdown or damage to the Vehicle, even if it does not require immediate repair, the Hirer must inform the Rental Agency within 48 hours of becoming aware of the breakdown or damage, and submit to the Rental Agency, within a period not exceeding 3 (three) working days from the date of becoming aware of the breakdown or damage, a joint accident report duly completed and signed by the Hirer and the third party concerned.
In the event of a breakdown of the Vehicle or an accident requiring immediate or urgent repairs, the Renter must contact the Rental Agency before proceeding with any repairs (including tires).
The submission of a completed accident report, with or without an identified third party, whether the Renter is responsible or not, is mandatory. Failing this, and except in the event of force majeure making it impossible to submit a report within this time limit, the insurance and assistance cover referred to herein shall be inapplicable, and the Tenant shall be liable for all damage attributable to him/her, in particular that suffered by the vehicle up to the limit of its market value plus the costs and expenses associated with its immobilization.
In the event of a breakdown not attributable to the Renter, LocaVan Paris undertakes to cover all costs of repairing the Vehicle, and to reimburse the Renter in full for any rental days not yet due.
In any event, in the event of damage to the Vehicle, the Renter will be liable for a handling fee of 79 (seventy-nine) euros (inclusive of tax) and immobilization charges of 99 (ninety-nine) euros (inclusive of tax) per day of immobilization,
up to a maximum of 30 (thirty) days.
In the event of theft of the Vehicle, the Renter must, within 48 (forty-eight) hours of becoming aware of the theft, report it to the appropriate authorities and provide the Agency with the police report, vehicle papers and keys.
In the event of theft or loss of the keys and/or papers with the Vehicle, the Renter must report this to the appropriate authorities so that it can be included in the report filed. The total amount of the contracted deductible will be debited.
In the event of failure to comply with these provisions, except in the event of force majeure making it impossible to submit the police report and the Vehicle's keys and papers within the aforementioned period, the Tenant will be liable for all damage attributable to him/her, in particular damage to the Vehicle up to its market value plus the costs and expenses associated with its immobilization.
Insurance and assistance
All LocaVan Paris vehicles are covered by a third-party liability policy, in accordance with current regulations.
1 - Insurance
In the territory of authorized countries, the following cover applies:
Compulsory third-party liability covering damage caused to third parties in accordance with regulations;
damage caused to vehicles by various accidents with deductible, fire and theft with deductible, legal protection.
The deductible is the maximum amount payable by the Hirer when damage to the Vehicle is covered by insurance. It amounts to 2,000 (two thousand) euros.
Main exclusions :
punctured tires, unless caused by or concomitant with damage to the insured vehicle;
damage caused by deterioration or disappearance of vehicle components which are not part of the vehicle at the time of the loss;
glass breakage (windshield, side windows, rear window), when occurring in isolation, i.e. not linked to an event covered by the contract and resulting in damage to other parts of the vehicle;
transported goods, objects and animals;
damage occurring during transportation of the vehicle by sea;
theft of the Vehicle when caused by the negligence of the Renter.
In the event of misjudgment of the Vehicle's dimensions, top and underbody impacts are not covered by the damage warranty unless force majeure can be proven.
2 - Assistance
In the event of a breakdown or accident occurring during the rental and immobilizing the Vehicle, the Renter benefits from the assistance service approved by LocaVan Paris.
Main exclusions :
flat tires;
lost, forgotten, stolen or broken keys ;
fuel failure and misfuelling.
Where assistance coverage is excluded, the Tenant is responsible for returning the Vehicle to the Rental Agency at his or her own expense.
Maintenance
Routine maintenance of the vehicle is the responsibility of the Hirer. Therefore, depending on the number of kilometers covered during the rental period, the Renter will have to carry out the usual checks in accordance with the manufacturer's recommendations (engine oil level over 1000 km, tire pressure, etc.). The manufacturer's maintenance and operating manuals are available from the agency on request. The Hirer must always remain vigilant to the signals emitted by the warning lights, and take associated measures such as an emergency stop.
Booking and payment
By accepting these Terms and Conditions, the Renter expressly authorizes LocaVan Paris to charge his/her credit, debit or charge card for the amounts corresponding to the LocaVan Paris rental services. The Renter also authorizes LocaVan Paris to debit his/her card for any additional charges mentioned in this contract (see Art. 10, 11, 12 and 13).
At the time of booking, either on the www.locavanparis.com website or in the Agency, the Renter will be required to pay 30% (thirty percent) of the total price corresponding to the rental services. The balance of the LocaVan Paris service, i.e. the remaining 70% (seventy percent) due, must be paid at the time of taking possession of the rented Vehicle, at the head office of the LocaVan Paris Agency.
The total invoice price includes the rental amount (including VAT) for: the Vehicle category, the dates, optional services payable online (special equipment, additional drivers, etc.) as well as the items included in the price at the time of booking, at the rates indicated by LocaVan Paris. All other equipment and optional services to which the Renter wishes to subscribe after booking must be paid directly to the Agency when the Vehicle is collected.
The Hirer also authorizes LocaVan Paris to debit his or her credit, debit or charge card for any additional charges at the end of the rental period, in the event of missing fuel or mileage in excess of the agreed mileage (if the rental contract provides for limited mileage), in accordance with the rates stipulated in the rental contract. The number of kilometers covered during the term of the rental contract is that indicated by the Vehicle's odometer. If the odometer has not worked for any reason other than a technical fault, the Hirer must pay the mileage allowance on the basis of 500 (five hundred) kilometers per rental day. In the event of a traffic offence, LocaVan Paris also reserves the right to charge a handling fee (see Art. Fines).
In the event of non-payment or unpaid invoices, the Hirer expressly agrees to forfeit all outstanding invoices and to terminate the contract ipso jure, as well as to the immediate return of the Vehicles in the course of rental.
1 - Booking modification
The Renter may cancel or modify the type of Vehicle and/or the dates of his/her reservation, subject to availability and the limitations set out below, by contacting the Agency in advance. Changes to the reservation are subject to the following restrictions:
- For all modifications, if the price of the modified rental is higher than the initial total amount to be paid, the difference will be invoiced and must be paid at the time of taking possession of the Vehicle. Conversely, if the price of the modified reservation is less than the initial total amount payable, the Renter will be reimbursed the difference, less a modification fee of 89 (eighty-nine) euros.
- In the event of cancellation, cancellation charges will apply. This fee is equal to the first payment made at the time of reservation (30% of the total amount). If the Hirer does not take possession of the vehicle within 24 (twenty-four) hours of the date and time of the reservation, this will constitute a cancellation.
2 - Vehicle unavailability
In the event that LocaVan Paris is unable to rent the Vehicle to the Renter on the scheduled rental date, LocaVan Paris undertakes to reimburse the Renter in full for the deposit paid by the Renter.
Security deposit
The amount of the security deposit corresponds to the amount of the contracted excess. It amounts to 2000 (two thousand) euros. It is intended to guarantee LocaVan Paris against payment of the rental, plus any financial liability the Renter may incur in the event of damage to or theft of the Vehicle.
Warranty lapse
Drivers not named in the rental contract, and for whom the Hirer remains responsible, will not be entitled to Vehicle damage or theft and assistance cover.
In general, failure to comply with the conditions of rental, use and return of the Vehicle mentioned in the general rental conditions will result in forfeiture of the contractual warranties subscribed. The Hirer will then be liable for the entire loss under the conditions of ordinary liability law.
Rental extension
The Hirer must request an extension of the rental period from LocaVan Paris at least 48 (forty-eight) hours in advance, together with the necessary deposit, failing which the Hirer will be liable to civil and criminal prosecution for misappropriation of the Vehicle.
LocaVan Paris reserves the right to refuse the extension, without compensation to the Renter, with the obligation for the Renter to return the Vehicle on the scheduled date.
Vehicle return
The rental ends with the return of the Vehicle, its keys, any original papers and rented accessories to the LocaVan Paris Agency, to a LocaVan Paris employee, at the return time stipulated in the rental contract. This is the only way to terminate the rental contract. If the Vehicle is returned outside the times stipulated in the rental contract, and without the intervention of a LocaVan Paris employee, the Tenant will assume custody of the Vehicle, the related risks and the cost of the rental until the opening hours of the Rental Agency.
The rental period is calculated in 12 (twelve) hour increments, which cannot be split, from the time the Vehicle is made available. However, the Renter has a tolerance of 30 (thirty) minutes at the end of the rental period before a new period of 12 (twelve) hours is applied.
Definitions
“Renter” means the renter and the driver(s) named on the renter's rental contract who have the status of Renter.
“LocaVan Paris”, ‘Agency’ refers to the LocaVan Paris company.
“Vehicle” means the leased vehicle.
“Contract” means the rental agreement entered into between LocaVan Paris and the Renter, subject to these general rental conditions.
“Damage” means any damage to the Vehicle other than glass breakage or punctured tires.
A rental day begins at 08:30 and ends 24 hours later, unless otherwise agreed in writing on the LocaVan Paris Rental Contract.
Data processing and freedom law
Pursuant to the French Data Protection Act no. 78-17 of January 6, 1978, the Tenant is hereby informed that LocaVan Paris holds a file of personal data collected when the rental contract is signed. This data is processed to enable LocaVan Paris to manage the rental and related operations, in particular invoicing, and to send the Tenant commercial information, where applicable.
All or part of this information is intended for use by LocaVan Paris, its franchisees and partners.
In addition, LocaVan Paris has installed in some of its vehicles a system enabling them to be located in real time in order to facilitate the management of theft and loss of vehicles. By signing the rental contract, the Renter authorizes LocaVan Paris to collect, via the on-board geolocation system, and to use for the purposes described above, data enabling the geographical location of the Vehicle to be determined. Only LocaVan Paris departments will have access to this data, as well as any person entitled to access by law. This data will be kept for the duration of the contract and, where applicable, the investigation.
In accordance with legal provisions, the Tenant has :
- the right to object to the recording and use of personal data;
- a right of access, rectification and deletion of information concerning him, by sending his request, accompanied by proof of identity, by mail to :
- Locavan Paris
- 29 Rue Alfred Nobel
- 77420 - Champs sur Marne
- contact@locavanparis.com
