Rental Agreement - Cartis Classic Car Experience

Upon signature of this rental agreement, you agree to the terms and conditions listed below. Please read the document carefully.If you have any questions, please feel free to ask before signing. The following agreement does NOT allow sub-rental.

1 – DEFINITIONS

« The RENTER » : natural person or legal entity in whose name the contract is drawn up or the main driver and payee.

« The OWNER » : company mentioned on the rental agreement.

« The VEHICLE » : light passenger vehicle, rented for the duration of the contract.

« DAMAGE » : any damage to the vehicle, including glass breakage such as optics, mirrors and headlights/taillights.

« THEFT » : theft is defined as actual theft of the vehicle, vandalism, theft of accessories and equipment and attempted theft.

« DEDUCTIBLE » : amount not covered by the insurer in case of damage without identified third party, in the absence of recourse against an identified third party or damage attributable to the RENTER as well as in case of theft.

2 - CONDITIONS TO BE MET FOR RENTING VEHICLES

The RENTER must provide the following information prior to completion of the rental agreement: proof of identity (national ID card or valid passport), proof of address, bank card with name, a French national driving licence or a valid European driving licence stating the licence category and date. All drivers must be over 25 years of age and under 78 years of age and have held a valid driving licence for more than 3 years. The driving licence must correspond to the category of vehicle rented (category B vehicles). The RENTER must produce to the OWNER a valid driver’s licence at the time of collection of the vehicle.

The RENTER must not have had a driving suspension within the 24 months preceding the rental.

For RENTERS holding a driving licence from outside of the European Union, a valid international driving licence must also be produced.

In case of vehicle unavailability due to force majeure, no compensation will be payable by the OWNER if the latter has notified the RENTER of said unavailability at least 1 hour before the agreed vehicle pick-up time.

3 - USING AND DRIVING THE VEHICLE

The vehicle can only be driven by a person previously approved by the OWNER and identified in the rental agreement

3-1 Vehicle condition

A vehicle description sheet will be made available to the RENTER at the time of collection of the vehicle, indicating the descriptive state of the vehicle at the time of departure. The RENTER must report to the OWNER, before departure, any apparent defects that are not included in the OWNER’s vehicle condition statement. If no additional defects are reported prior to the departure, the RENTER is deemed to have approved the vehicle condition in accordance with the description sheet and will not be able to submit any claims concerning damage which was not reported at the time of departure and which are not mentioned on the vehicle description sheet.

The vehicle will be rented in a clean and tidy state to the RENTER. The vehicle must be returned in the condition in which it was received. The vehicle description sheet will be completed and signed upon return of the vehicle.

In the event that the RENTER refuses to sign the vehicle description sheet when returning the vehicle, the RENTER agrees that the OWNER will choose and appoint an independent car expert to ascertain the vehicle condition upon return and that any related cost for this appointment will be charged to the RENTER.

Any costs not incurred as a result of damage caused by a third party or as a result of damage with a third party (damage to the interior and exterior of the vehicle including the hood and its components), and caused by the RENTER alone, will be added to the cost of the rental and therefore deducted from the amount of the security deposit. These damages will be costed by a company mandated by the OWNER to invoice the RENTER.

All vehicle equipment, GPS, picnic basket, tools, or any other equipment present in the vehicle are the property of the OWNER and must be present and in good use when returning the vehicle. In the event of the absence and/or breakage of any of these elements during the return including the GPS equipment, the costs related to the repair and/or replacement of the equipment will be deducted from the amount of the security deposit.

A cleaning fee may be charged if the cleaning was not carried out at the end of the rental for a flat fee of 70 euros, excl. VAT.

3-2 Use of the vehicle

The RENTER must drive the rented vehicle with caution and in accordance with the Highway Code and other regulations and in particular, without being under the influence of alcohol and/or narcotics or any substance likely to affect the driving ability. The driver must use the rented vehicle according to its purpose (passenger transport for a passenger vehicle). According to the principle of liability for one's own acts, the driver is responsible for offences, violations committed during the rental period and will be liable for all fines, road tolls, tickets and violations to the Highway Code and other similar charges (including parking fines or parking charges) for the entire duration of the rental.

The OWNER reserves the right to re-invoice the RENTER any sum paid in respect of any unpaid amount(s), offence(s) or fine(s) attributable to the RENTER as well as the administrative costs related to a violation of the Highway Code or parking rules committed by the RENTER during the rental of the vehicle. The administrative costs will be charged at a fixed fee of 50 euros per case, excl. VAT.

The RENTER is required to pay additional attention to certain manoeuvres or road infrastructures (such as speed bumps) given the size of the vehicles.

The RENTER agrees :

- the vehicle will only be driven by those named in the rental agreement;

- to not leave keys and the GPS device in the vehicle when vehicle is not in use;

- to use and drive the vehicle reasonably and responsibly, with due diligence and care (ensuring that engine heating times are respected and to monitoring on-board instruments such as water and engine temperature and oil pressure);

- to operate and drive only on lanes suitable for motor traffic;

- to comply with the purpose of the vehicle (private vehicle) and not to sub-rent the vehicle, to transport passengers (should it be for free or with compensation), or in excess of the number of seats in the vehicle;

- to not use the vehicle under the influence of alcohol and/or illegal narcotics or any substance likely to affect the driving, your awareness and your capacity to react;

- - to not push or tow any vehicle and/or trailer or any other rolling or non-rolling object, and to not modify or add any equipment or parts;

- to not use the vehicle for illicit, immoral purposes;

- to not intentionally commit an offence

Restriction on use of the vehicle :

The vehicle must remain on French territory (France Métropolitaine or DROM COM depending on the location to where the vehicle is being collected) unless previously agreed and authorised by the OWNER as mentioned in the special conditions.

- The rented vehicle must not be used if overloaded or for transporting more passengers than the indicated number as mentioned on the vehicle’s registration card, or for the paid transportation of passenger(s).

- The rented vehicle must not be used in racing competitions or any other competitions, or to propel or tow another vehicle.

- The rented vehicle must not be used for illicit purposes, for driving training, or on undriveable/unsuitable roads.

The goods and luggage carried in the vehicle, including their packaging or stowage, must not damage the vehicle or cause its occupants to be at undue risk. The RENTER is subject to all legal, regulatory and/or customs obligations relating to the transport of goods by means of the rented vehicle.

It is prohibited to smoke in the rented vehicle or transport animals.

When the vehicle is parked, even for a short period, the RENTER agrees to lock the vehicle, to use the alarm and/or anti-theft devices equipped in the vehicle and not to leave the optional equipment available (GPS) or personal belongings on display.

The RENTER must under no circumstances leave the vehicle unattended with the keys in the ignition or in the vehicle. In the event of damage or theft of the vehicle, the RENTER must provide the OWNER with the completed accident report and/or the police report provided by the authorities, as well as the keys and documents of the vehicle, within a maximum period of 2 days in case of theft and 5 days in case of damage from the occurrence of the event or as soon as the RENTER become aware of the event unless the RENTER can demonstrate and justify that the non-restitution of the keys is due to a cause that is not attributable to the RENTER or in case of force majeure.

3-3 Servicing / mechanical problems

During the rental and depending on the number of kilometres travelled, the RENTER will be required to carry out checks such as oil, water and other fluid levels, tyre pressure, etc., as per the normal use of the vehicle. The RENTER will remain aware of any signal emitted by the warning lights appearing on the vehicle’s dashboard and will take all necessary and precautionary measures to prevent any issues, such as the emergency stop.

In the event of a refuelling error, the cost of recovery and repairing the vehicle will be borne by the RENTER and deducted from the amount of the security deposit.

The vehicle is provided with tyres in accordance with road regulations and standards. In case of deterioration for a cause other than normal wear and tear, hidden defect or force majeure, the RENTER agrees to replace the damaged tyre(s) by an identical tyre of the same type, same brand and of equal wear and tear, at the RENTER’s expense. Similarly, the damage caused to the vehicle’s alloys will be borne by the RENTER.

In the event of an odometer malfunction, the RENTER will immediately notify the OWNER. If the malfunction of the odometer is related to fraudulent activity by the RENTER, the RENTER will be charged an allowance calculated on the basis of 500 kilometres per day. In the event of a breakdown immobilizing the vehicle, the RENTER agrees to call the assistance service provider of the OWNER whose number appears on the rented vehicle as well as to notify the OWNER as soon as possible.

Any repair work or mechanical intervention on the vehicle, without the prior authorisation and consent of the OWNER, is prohibited.

4 – RESERVATION

A reservation is only made in relation to one category of vehicles and its corresponding price (as chosen by the RENTER), and not the make and model of the vehicle. If the RENTER does not show on the agreed date and no later than sixty (60) minutes after the set time indicated at the time of the reservation, the OWNER will not be required to maintain the reservation.

In case of unavailability of the vehicle model chosen by the RENTER at the time of the reservation due to mechanical problems or any other problem outside the responsibility of the OWNER or for weather-related conditions making the use of the model unpractical, the OWNER will inform the RENTER of the situation as soon as possible and no later than on the day of delivery of the vehicle and propose an equivalent vehicle model. If the rented vehicle is unavailable, the OWNER will apply a 10% discount on the first rental day as a commercial gesture.

5- DURATION OF RENTAL
5-1 Duration calculation

The short rental period cannot exceed 7 days. The RENTER agrees to return the vehicle to the OWNER on the date and time stipulated in the rental agreement. Failing to do so, the RENTER could be exposed to civil and criminal lawsuits.The rental period is calculated in increments of 24 hours according to the departure and return times proposed by the OWNER. Any delays exceeding 30 minutes to the agreed return time, the RENTER will be charged an additional rental day as well as a flat-rate penalty of delay of 50 euros excl. VAT.

If the RENTER wishes to return the vehicle before the term fixed in the rental agreement, it will be up to the RENTER to obtain prior agreement from the OWNER. The RENTER will not be able to keep the vehicle beyond the period specified in the rental agreement. Any request for additional day(s) of rental must be subject to a new reservation, with prior acceptance from the OWNER and will result in the need for a new rental agreement to be completed at the OWNER’s premises. In the absence of a written agreement for any extension, and except in case of force majeure, the OWNER reserves the right to take the vehicle back wherever it is at the expense of the RENTER.

5-2 End of the rental

The rental ends with the return of the vehicle, keys and documents at the OWNER’s premises and during opening hours. Under no circumstances will the RENTER return the keys to anybody other than the OWNER in the OWNER’s car park. If the vehicle is returned without its keys, the replacement fee will be charged to the RENTER. In the event that the return of the vehicle would require recovery as a result of the RENTER’s action, the corresponding costs will be charged to the RENTER. The RENTER is liable until the end of the rental contract, except in case of force majeure and in the case of confiscation or quarantine of the vehicle; the rental agreement can be cancelled automatically as soon as the OWNER is informed by the authorities or by the RENTER. Any use of the vehicle which would prejudice the OWNER would authorise the OWNER to terminate the agreement automatically. In case of theft, the rental agreement is stopped as soon as the OWNER receives the police report filed by the RENTER with the relevant authorities.

In the event of an accident requiring the vehicle to be immobilised, the rental agreement is stopped as soon as the accident report is duly completed by the RENTER and any third party and forwarded to the OWNER.

The vehicle must be returned by the RENTER to the OWNER with a full tank. The cost for missing fuel will be charged to the RENTER and deducted from the deposit on the basis of a flat rate of 70 (seventy) euros.

If the vehicle is not returned to the place of departure and collection of the rented vehicle is required, the recovery cost of the vehicle will be deducted from the amount of the security deposit.

6 - RENTAL COST
6-1 Payment

The estimated cost of the rental will be paid by the RENTER in full at the time of reservation. The security deposit will be made by the RENTER, at the latest, when the vehicle is made available by means of a pre-authorisation from the RENTER’s bank card which must be in the name and surname of the RENTER. The cost of the rental is calculated according to the rates in force at the time of the reservation.

In the event of non-payment under these conditions, the vehicle will not be made available to the RENTER.

6-2 Tariffs and rates applicable

The rates applicable to the rental are those in force at the time of the reservation and correspond to the conditions mentioned on the reservation voucher issued on this occasion. The fuel is to be paid by the RENTER.

The vehicle is provided with a full tank of fuel. The RENTER must return it at the same level.

The rate mentioned in the special conditions for the rental of the vehicle includes the cost of insurance. The tariff is calculated according to the model, the duration of the rental and the mileage covered (flat rate for 150 Kms/day with an additional charge of 2.5€/Kms beyond 150 Kms). The tariff does not include any fuel costs and any missing fuel charges upon return of the vehicle will be charged to the RENTER.

6-3 Security deposit

The amount of the security deposit, deposited upon signature of the rental agreement, is indicated on the vehicle rental agreement. The amount of the security deposit varies between 4,000 (four thousand) and 6,000 (six thousand) Euros depending on the model rented. It is intended to guarantee to the OWNER the payment of all sums for which the RENTER would be liable in respect of all the obligations in connection with the rental agreement (see article 3.1 of this contract). In the case that no sum is owed by the RENTER to the OWNER, the security deposit will be returned to the RENTER in full within a maximum of 8 days from the end of the rental in the form of a cancellation of the bank pre-authorisation.

If the RENTER is liable for any sums due to the OWNER under this agreement, the RENTER authorises the OWNER to withhold the sums due from the security deposit by justifying the amount from an estimate issued by a professional.

6-4 Cancellation

Cancelling a reservation can only be made under the following conditions, namely in case of cancellation of a reservation:

- 14 days (by recorded letter) before the intended date of collection of the vehicle, the OWNER will reimburse the RENTER for 75% of the amounts already paid,

- made within a period of less than 7 days before the intended date of collection of the vehicle, the RENTER will be liable to the OWNER for the entirety of the amount due.

If no payment has been made by the RENTER, the cancellation fee of 150€ will be invoiced and payable within 8 days from the issuance of the invoice

6-5 Late payment

Any RENTER in a situation of late payment is automatically liable to a lump sum recovery payment, the amount of which is fixed by decree N° 2012-1115 at the sum of €40.

7 – VEHICLE CONDITION

The Vehicle is made available in good apparent working and body condition, equipped with tyres in good condition.

By signing the rental agreement, the RENTER accepts the vehicle in the state in which it is provided and is obliged to return it in the same condition.

A vehicle description sheet is attached to the agreement. It reports any apparent damage to the vehicle, the number of kilometres travelled by the vehicle and the fuel level. The RENTER agrees to check that the vehicle’s condition matches the description and to write a contradictory statement, before departure, if the RENTER finds any apparent defect not mentioned on the sheet. Failing this, the rented vehicle will be considered as conforming to the description.

The OWNER will not take any claims into account regarding apparent damage that have not been reported on the vehicle description sheet at the time of collection. The RENTER may not remove or modify either the ownership plates affixed to the rented vehicle or the inscriptions placed by the OWNER.

The RENTER cannot add any inscription or mark on the rented vehicle without prior consent and permission from the OWNER.

The vehicle is provided with a full tank of fuel. The RENTER is invited to return the vehicle with the same level of fuel. Failing this, the cost for missing fuel will be charged to the RENTER upon return of the vehicle (see conditions in article 5-2 above).

8 - INSURANCE

All vehicles are covered by a "Comprehensive Motor" policy N°60 863 434 taken out with Allianz Company through Aon insurance broker, according to the regulatory obligations. The guarantees covered by this policy and the exclusions are mentioned on a notice given to the RENTER. "Insured" means any person whose liability is incurred as a result of the custody or operation of the insured vehicle with the authorisation of the OWNER or RENTER. Every RENTER therefore agrees to be considered an insured under the motor insurance policy.

The RENTER hereby gives their agreement to this policy and to observe its terms and conditions. In addition, the RENTER agrees to take all necessary measures to protect the interests of the OWNER and the OWNER’s insurance company in the event of an accident during the term of this contract and in particular:

- To notify the police and/or the authorities from the time of discovery and within 24 hours, not including holidays or bank holidays, of any theft, act of vandalism or bodily injury,

- To notify the OWNER from the time of discovery and within 24 hours, excluding holidays or bank holidays, any accident, theft, act of vandalism or fire,

- To specifically mention in the claim notification the circumstances, the names and addresses of any witnesses, the name and address of the insurance company of the third party and their insurance policy number,

- To attach to this notification any police report, gendarmerie report, police receipt of complaint, etc., and under no circumstances discuss liability nor deal with third parties in relation to the accident, do not abandon the vehicle without making sure of its safety and security. Failure to return a complete accident report or an accident notification will result in the invoicing of the full repairs following the accident.

9 - LIABILITIES AND GUARANTEES

The RENTER is responsible for the vehicle in their custody. The RENTER is responsible for any damage, other than the normal wear and tear suffered by the vehicle for any reason unrelated to the OWNER’s actions, unless the RENTER can demonstrate otherwise and prove their absence of fault.

At the end of the rental, the RENTER may be invoiced additional sums, particularly in case of damage, theft of the vehicle. The amount payable by the RENTER will be determined depending on the coverage of the claim by the OWNER’s insurance policy.

9-1 RENTER’s liabilities covered by the OWNER’s insurance policy

The RENTER is responsible for the claims covered by the insurance company of the OWNER mentioned in the notice given to the RENTER. The RENTER will remain liable for any damage to the upper parts of the bodywork, the bodywork, the interior and the exposed mechanical parts. For invisible parts of the vehicle (oil casing, engine, exhaust, etc.) that are damaged, the fault of the RENTER will be sought.

Subject to the provisions of Article 3-2 in case of theft, the RENTER shall be covered by the insurance company of the OWNER subject to compliance with the conditions hereof and provided the keys and vehicle registration documents are returned and the police report in case of theft as issued by the police or the authorities. The RENTER is responsible for any damage to the interior of the vehicle caused voluntarily or unintentionally (broken accessories, cigarette burns, damage caused by goods transported in the vehicle, their packaging or stowage, etc.), unless the RENTER can demonstrate otherwise and prove their absence of fault.In the event of a responsible loss, loss without identified third party or without possibility of recourse against an identified third party, in the event of theft, subject to the provisions of Article 3-2, as well as in the case of damage suffered by the vehicle, the RENTER will then be responsible for the deductible mentioned on the insurance statement given to the RENTER and applied on a per claim basis.

In the event of a claim with identified third parties (responsible or not responsible), the deductible will also apply per claim.

This deductible (amount per claim varying from 4,000 Euros to 6,000 Euros depending on the model rented) is applied in case of theft, fire and damage. These deductibles in case of multiple claims during the same contract, will also be applicable for damage to third parties even in the absence of damage to the rented vehicle.

For each claim, the amount of the deductible will be invoiced to the RENTER at the end of the rental period based on supporting documents provided by the OWNER and will be chargeable on the amount of the security deposit (see article 6.3 hereof).

9-2 RENTER’s liabilities not covered by the OWNER’s insurance policy

The RENTER will be held liable for any loss, theft or damage caused to any property, personal belongings and valuables carried or left by them or any other person on or in the vehicle during the rental period or after the return of the vehicle.

All vehicle repair costs resulting from the RENTER’s fault will be in addition to the rental cost and will be charged to the RENTER.

The OWNER shall not be liable for any loss or damage caused by the RENTER or to any third party by the loading or unloading of the vehicle, including damage caused by or to a door or tail lift of the vehicle. Failure to comply with any of the obligations expressly stipulated in articles 2 and 3-2 of this rental agreement will result in the cancellation of the contractual guarantees and will deprive the RENTER of any coverage by the OWNER’s insurance.

The vehicle is insured only for the duration of the rental indicated on the rental agreement. After this period, the OWNER declines all responsibility for the accidents that the RENTER could have caused and of which the RENTER will be responsible for personally.

The RENTER will be responsible for all claims not covered by the OWNER’s insurance under the law of liability.

All repair costs attributable to the RENTER will be borne by the RENTER and will be in addition to the rental cost. The sums due pursuant to this article will be invoiced to the RENTER at the end of the rental on the basis of supporting documents produced by the OWNER, and shall be charged against the amount of the security deposit or shall be claimed in addition to the security deposit if the amount is insufficient.

10 - USE OF PERSONAL DATA

Personal information concerning physical individuals, collected in relation to this agreement, will be disclosed to officials entitled by the “Commission Nationale de l’Informatique et des Libertés (CNIL)”, only for administrative management purposes and needs or commercial actions or to comply with the legal and regulatory obligations of the company.

In accordance with the provisions of Law 78-17 of 6th January 1978 as amended, the User has a right to access, amend and delete the information.

11 – CHOICE OF LAW AND JURISDICTION

These general terms and conditions are governed by French law. The services provided through the Cartis Classic Car Experience website comply with the applicable regulations in France. Cartis Classic Car Expérience cannot be held liable in the event of non-compliance with the legislation of the country in which the services are provided, as it is the sole responsibility of the CLIENT requesting the services to verify. Any dispute relating to the performance or interpretation of this contract, which cannot be resolved amicably, shall be subject to the exclusive jurisdiction of the Tribunal de Paris.

Contact
8 rue Saint-Médéric
78000 Versailles 06.63.22.76.84 contact@cartisclassiccar.fr
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