Last update: 18/03/2023

These general terms and conditions of short-term rental together with the terms and conditions of the contract entered into jointly constitute the “rental agreement”, a copy of which the Hirer acknowledges having received and undertakes to comply with. Short-term rental refers to rental without a driver.

The Hirer hires out to the Hirer the vehicle described in the special conditions. The rental, which is personal and non-transferable, is governed by this Agreement.

2.1. Conditions relating to the status of Tenant

The Hirer undertakes to be the principal driver of the Vehicle and may nominate one or more additional drivers. This designation must be made at the time of entering into the Rental Agreement. The Hirer is prepared to assume
responsibility for the Vehicle throughout the rental period.

Who can rent (the “Tenant”)? Any natural person meeting these conditions:

– Be at least 21 years old or 25 years old for PREMIUM vehicles and 2-wheelers.
– Hold a valid Identity Card or Passport
– Have held a Latin driving licence for at least 2 years (5 years for vehicles in the PREMIUM categories) or have a sworn translation of your international licence that is less than 6 months old.
– To rent a 2-wheeled vehicle, you must have held an A licence (+ 125cm³) for at least 2 years.
– Be the holder of a valid bank card in his or her name both at the date of the conclusion of
the Rental Agreement and at the date of the actual return of the Vehicle.
– For legal entities: an extract from the Kbis of the legal entity less than three months old and a
power of attorney from the legal person in charge of the legal entity, expressly authorising the hiring by
the Tenant must be provided.

Who can drive (the “Driver”)? Any natural person who meets the same requirements as the Hirer

2.2 Exclusion

Any person not expressly designated and/or identified in the Rental Agreement is not entitled to drive the
Vehicle. Similarly, any person who is unable to produce the identification documents listed in clause 2.1
above is expressly excluded from driving the Vehicle. If the Hirer allows an unauthorised person to drive the
Vehicle, then this will be considered a breach of the Terms and Conditions of Hire and the Hirer will be liable
for any consequences that may result, including the possibility of liability to the Hirer for any damage caused
by the Hirer and/or unauthorised person. In these circumstances, the unauthorised driver will not be covered
by any additional insurance policies taken out with the Hirer. Only the civil liability insurance (compulsory
insurance) will apply.

3.1 Acknowledgement of the condition of the leased vehicle on the date of signing the Lease Agreement

The Hirer hires out the Vehicle and any accessories to the Hirer, as described in the conditions of this
Agreement. The Hirer acknowledges that the Vehicle is handed over to him by the Hirer, clean, with a full
tank of fuel and without any apparent damage, with the exception of those identified and specified on the
“vehicle condition” sheet. This form, attached to the Contract, describes the Vehicle at the start of the rental
and is signed by the Hirer and the Hirer who thus validate the accuracy and conformity of the condition of
the Vehicle at the time of the latter’s departure. Any defect not reported on the “vehicle condition” form on
departure will be charged to the Hirer. The Hirer is solely responsible for the conformity of the description
of the vehicle at the time of departure and for returning the vehicle in a state that conforms to that of the
departure and shall pay the Hirer any costs of repairing the vehicle or bringing it into conformity.

3.2. Deposits and Security Deposits

The Hirer must hand over at the end of the rental period:

–  A deposit to guarantee the Hirer payment of the rental price, as specified in the Special Conditions;
– a guarantee deposit by bank transfer, to cover, after the occurrence of a claim (accident, theft,
traffic offence… and more generally any sum not provided for in the Contract and which would be claimed after rental), the assumption of responsibility for any damage suffered by the Vehicle, as specified in the Contract.

By express agreement between the parties, the Security Deposit is attributed to the Hirer in full ownership up to the amount of the sums due by the Hirer. The Tenant expressly authorises the Landlord to deduct the amount of the sums due from this Guarantee Deposit.

The deposit cannot be used to extend the rental period.

4.1. General Terms and Conditions of Rental

The Hirer and the drivers designated in the Contract undertake not to use the rented Vehicle outside the territory of mainland France without the prior written consent of the Hirer. In addition, the Hirer acknowledges that he/she has legal custody of the Vehicle from the time it is made available until the keys and documents relating to the Vehicle are handed over to the Hirer upon its return, together with the signature of the return “description”. From the moment the Vehicle is made available, the Hirer is therefore entirely responsible for the Vehicle, as well as the consequences that may result from its use.

As custodian of the vehicle, the Hirer undertakes to:
– Do not modify or add anything to the Vehicle or its equipment;
– Not to use the Vehicle for any purpose that is not in accordance with its intended purpose or that is unlawful or immoral or for advertising or propaganda purposes of any kind;
– Do not transport explosive, dangerous or malodorous materials;
– To drive the Vehicle with care and to use it in a reasonable manner; In this respect, to be solely responsible, and to declare himself as such to third parties, for any infringement of the Highway Code concerning the driving or custody of the Vehicle or any infringement of the legislative, fiscal, customs or regulatory provisions in force committed during the term of the Contract; the Hirer authorises in this respect the communication of his contact details at the first request of the police authorities who will make such a request to the
Hirer, and this without any prior information from the Hirer;
– Do not use unroadworthy roads that could damage the tyres or undercarriage of the Vehicle;
– Do not overload the Vehicle, and as such, do not tow or push another Vehicle;
– Do everything possible to prevent damage to, theft of or fraudulent removal from the Vehicle, in particular lock the doors and windows as soon as you leave the Vehicle and do not leave
any of the Vehicle’s documents or personal effects visible;
– Check fluid levels and tyre pressures in accordance with normal Vehicle use;
– Heed the warning lights on the dashboard and take appropriate action, including an emergency stop;
– To respect all the obligations set out in these General Terms and Conditions of Rental in the event of damage or theft; in this respect, the Hirer undertakes not to commit any act or put himself/herself in a situation that would lead to the loss of all or part of the guarantees and insurance.

By taking the vehicle, the hirer acknowledges that it is in good working order. The hirer acknowledges that the vehicle includes the normal accessories and optional equipment which must be returned in good condition, failing which the hirer will be charged the value of the tariff price.

The Hirer is solely responsible for all consequences resulting from the failure to comply with the conditions of use of the Vehicle. The Hirer shall be liable for any negligence, loss and/or
damage caused by the legal and regulatory provisions and undertakes to compensate the Hirer for all damage and immobilisation costs.

4.1.2 Vehicle condition and maintenance

During the entire rental period, the supply of oil, petrol and grease is the responsibility of the hirer, who must constantly check the oil levels. The lessor shall bear the costs of maintenance and replacement of tyres resulting from the normal use of the vehicle but not from the driver’s clumsiness or nexperience, run-flat accidents, skidding, brake cuts, etc…

In such a situation, the hirer shall be expressly responsible for changing the tyres. Having recognised the good condition of the tyres on departure, the hirer may not under any circumstances claim that the tyres have burst, even if it is suspected that they have been the cause of an accident, in order to avoid the obligations incumbent on him. The hirer is responsible for punctured
tyres and their repair at the current rate. Repairs due to normal wear and tear of the vehicle are at the expense of the lessor. Nevertheless, any work that becomes necessary as a result of
poor maintenance of the vehicle due to the negligence or inexperience of the driver will remain the responsibility of the hirer.

4.2. Scope of the insurance cover attached to the hire of the Vehicle

Under the terms of the Rental Agreement, the Hirer is covered by insurance covering the civil liability of the Hirer and the drivers named in the Agreement, as well as insurance covering part of the damage suffered by the rented Vehicle.

Public liability insurance:

The Hirer and the drivers named in the Contract are insured, during the rental period, against material damage and bodily injury that they may cause to third parties during or outside the use of the Vehicle. It does not cover, in particular, damage to the rented Vehicle, damage to goods, objects and animals transported in the rented Vehicle.

Insurance for damage to the rented vehicle:

The Hirer is covered against the theft of the Vehicle provided that the obligations set out in Articles 4.1. and 4.3. have been complied with and excluding the amount of the Deductible set out in the Special
Conditions, which shall remain payable by the Hirer.

The Hirer is also covered for damage resulting from an accident, fire, explosion or natural disaster, provided
that the obligations set out in Article 4.3. have been complied with, with the exception of the amount of the
Deductible (or deductibles in the event of several claims under the same contract) set out in the Specific
Conditions, which shall remain payable by the Hirer if he/she is declared to be responsible for the accident
or if there is no recourse against an identified third party.

In the event of failure to comply with the procedures set out in Article 4.3, the Hirer shall be liable to pay the full amount of the damage in the event of a claim or the full financial value of the Vehicle in the event of
theft.

In addition, the insurance for damage to the rented vehicle does not cover the following risks and damage:

– Damage to the interior of the Vehicle (burns, tears, stains, etc.),
– damage to tyres, wheel covers and rims,
– damage costing less than the excess shown in the Declarations,
– damage caused by transported goods or animals,
– theft of or damage to transported goods, animals, valuables and personal effects,
– broken glass,
– damage caused by misfuelling,
– breakdown and repatriation costs.

In addition, the benefit of all or part of the guarantees, insurances and, where applicable, the Partial Excess Waiver (PEL) if it has been subscribed may be withdrawn from the Hirer and/or the drivers, who in this case are exposed to the recourse of the insurers and the Hirer, in the following cases:

– misrepresentation by authorised drivers regarding their identity or the validity of their driving licence;
– Failure to deliver, within the time limits set out in these General Terms and Conditions of Hire, as the case may be, the claim form, the joint report, the theft report, the original keys and the documents of the Vehicle following a theft;
– deliberate damage to and in the rented Vehicle;
– use outside metropolitan France without the permission of the Hirer;
– use of the Vehicle after the scheduled return date or extension of the rental period without the express permission of the Hirer;
– driving under the influence of alcohol or other substances likely to affect driving ;
– driven by drivers other than those expressly named in the Contract;
– transport of persons, animals or goods in excess of the maximum authorised load;
– Use of the Vehicle for motor racing or driving lessons;
– subletting the Vehicle;
– transport of goods, persons, or animals for consideration.

In the event of exclusion or lapse of insurance and in the event of the “RFP”, the Hirer shall be solely responsible for all damage to or loss of the Vehicle or any of its components and shall
indemnify the Hirer for all damage plus immobilisation costs and operating losses, calculated on the basis of the highest daily rental rate. In particular, in the event of theft, the Hirer shall be
liable for the full price of the Vehicle.

4.3. Obligations of the tenant in the event of a claim

In the event of theft of the Vehicle or its equipment or accessories, or in the event of damage, for whatever reason, the Hirer or the driver(s) authorised in the Special Conditions, are required, as soon as they are aware of the facts, to :
– Immediately report the disappearance of the Vehicle or the damage to the police or gendarmerie authorities; this report must be accompanied by a complaint;
– notify the Hirer immediately;
– send to the Hirer, within 48 hours of the discovery of the theft of the Vehicle or the damage, the certificate of complaint, the Vehicle documents and the original keys.

In the event of an accident, the Hirer  must:
– In the event of casualties, immediately notify the police or gendarmerie authorities to have a report made;
– In other cases, write a legible join report specifying the detailed circumstances of the accident, have it countersigned by the third parties involved in the accident, specifying the contact details of any witnesses; the Hirer undertakes to write a joint report even in the absence of identified third parties;
– Inform the Hirer within 24 hours;
– Send to the Hirer within 5 working days, either personally at the Hirer’s premises or by registered letter with acknowledgement of receipt, the documents relating to the claim, keeping a copy.

The rented Vehicle must be returned to the Hirer’s premises on the dates and during the hours specified.

If the Vehicle is not returned during the opening hours, the Hirer remains responsible for any theft or damage caused or suffered by the Vehicle until it is returned in accordance with the
conditions set out below, as well as the payment of the agreed return time and the amount of the penalties, stipulated in the Contract. The Vehicle is deemed to have been returned by handing over the original keys and documents relating to the Vehicle to a member of the Hirer’s staff at the counter, and by signing a “Vehicle Statement” on return.

The Vehicle must be returned in the same condition as that recorded in the “Vehicle Condition” form signed at the start of the rental period.
The vehicle must be returned with a full tank of fuel or at the same level as when the vehicle left – In the case of an electric vehicle rental, the minimum level of recharge requested
by the lessor on return of the rental must be respected, failing which a penalty will be applied and indicated in the appendices to the general rental conditions.

The vehicle must be returned clean inside and out – Failing this, the lessor will be obliged to refuse the return of the vehicle. If the hirer refuses to wash the vehicle, a cleaning penalty as
indicated in the appendices to the general rental conditions will be applied.

In the event of a dispute as to the condition of the Vehicle, the Hirer may appoint a car expert approved by the insurance companies to examine the Vehicle and draw up a report describing and estimating the damage.

The costs of the expert’s mission shall be borne by the Hirer, who may take action against the Hirer if it is concluded that the damage is linked to a breach by the latter. In case of dispute, the Hirer may also have recourse to an expert approved by the insurance companies of his choice and at his own expense.

6.1. On the date the Vehicle is made available, the Hirer makes a prepayment by credit card corresponding to the estimated rental amount (Deposit).

On the date of the actual return of the rented Vehicle, a summary is drawn up showing all the sums due by the Hirer and payable in cash, less the deposit.

In case of early return of the vehicle, no refund will be made.

6.2. The rental price includes the following elements:
-The rent mentioned in the Contract: it depends on the category of Vehicle and the duration of the rental.
– The mileage charge mentioned in the Contract, under the following conditions: The mileage charge is based on the mileage travelled, which is the difference between the mileage recorded on the meter when the Vehicle is returned, and the mileage recorded when the Vehicle was mad available.

In the event of the voluntary disconnection of the meter or in the event of an unreported malfunction of the meter, the Vehicle shall be deemed to have travelled 500 km per day since
it was made available. In this case, the Hirer shall remain liable to the Hirer for any prejudicial consequences for the Hirer of such concealment and for all costs of repair.
In the case of a fixed price rental, mileage in excess of the allocated mileage will be charged at the rate displayed at the Hirer’s premises on the date of handover of the Vehicle; otherwise, it will not be refunded.

6.3. The rental price does not include the following elements:
– The Security Deposit: In addition to the rental price the RENTER will be asked to leave a guarantee for any additional costs that may arise during the use of the Vehicle during the Rental Period. This guarantee is in the form of a Security Deposit, as defined in article 3 – Amount defined in the agency.
– Exceeding the time limit by more than 30 minutes: will result in the invoicing of an additional day at the general daily rate mentioned in the Special Conditions.
– Failure to cancel or cancellation less than 48 hours before the booked departure will result in the invoicing of a fixed sum according to the conditions displayed at the point of sale.
– Additional sums for the provision of optional equipment.
– Fines, parking fees and related administrative costs: The TENANT is and remains primarily responsible for the payment of fines for any violations of traffic and parking regulations in France or abroad (“traffic fines”), as well as the related administrative costs.

You have the right to dispute fines within 14 days of the date of the invoice and copy of the fine or ticket for your rental period sent by the RENTER to your attention. These charges will
only be refunded if you can provide evidence that you are not responsible for these traffic offences.
With regard to parking fees (FPS), the Hirer declares in this respect that he/she is aware of the provisions of article L.2333-87 of the Code Général des Collectivités Territoriales (General Code of Territorial Authorities), under the terms of which recourse against parking fees belongs to the holder of the registration certificate, i.e., the Hirer.

The Hirer undertakes to inform the Hirer of any parking fee notified to him/her in relation to the rental period, by sending him/her a copy of the corresponding notice in sufficient time to allow the Hirer to justify the undue nature of the said fee. The Tenant expressly acknowledges that his decision to contest the fee does not prevent the Landlord from deducting, as soon as the fee is notified to him, a sum corresponding to the amount of the fee (if applicable, together with the applicable surcharge) and the administration costs.

In the event that the appeal results in the cancellation or reduction of the amount of the fee, the Hirer shall reimburse the Hirer the amount of the fee or, if applicable, the cancelled portion thereof.

– Fuel supplements: the level of fuel is established by both parties at the time the Vehicle is made available and at the time it is returned on the basis of the Vehicle’s gauge. If, on return, the fuel level is lower than the initial level, a supplement will be charged at the rate displayed in the Hirer’s premises; otherwise, the excess will not be refunded.
– Cleaning costs: if the Vehicle is not as clean as when it left.

– The cost of parking, storage, tolls,  recovery, and repatriation of the Vehicle if it is not returned to the Hirer at his premises.
– The insurance deductibles, the costs of expertise and repair of the Vehicle for damage not covered by the insurance.
– The Hirer’s operating losses during the time the Vehicle is immobilised.
– Repairs below the damage excess shown in the Declarations.
– Taxes on the above payments.

The lease is granted for the period stipulated in the Contract.

From the time the Vehicle is made available, a day’s rental is calculated for every 24 hours and a half day for every 4 consecutive hours.
The rental period cannot be extended without the express prior agreement of the Hirer, who reserves the right to refuse the request.

Any overrun of the rental period without prior agreement from the Hirer may constitute a misappropriation which may expose the Hirer to civil and criminal legal proceedings.

The Hirer shall not be held responsible, and no compensation may be claimed, for delays or harmful consequences due to the occurrence of an event of force majeure, as defined by French
law and jurisprudence. In this respect, the Hirer’s liability shall not be engaged in the event of the impossibility of making a rented Vehicle available, due to the occurrence of an event of force majeure.

The Hirer informs the Hirer that it collects personal data concerning him/her, which is subject to processing. The data controller is the Renter. The processing of personal data is used to manage the Vehicle rental contract, including the “Vehicle status” form.
This collection is mandatory for the subscription of the Contract. The Tenant may be registered in a file of persons likely to represent a contractual risk resulting in the refusal to rent, if the person concerned commits the following acts or facts.

(1) Payment incident giving rise to a dispute;
(2) Repeated accidents or damage attributable to the Driver or the person registered on the Contract;
(3) Accidents or damage caused intentionally.
(4) Use of a Vehicle without complying with the Terms and Conditions of the rental agreement.

Your data is intended, within the limits of their attributions, for (i) the internal services of the Renter, and (ii) subcontractors. As regards the file for monitoring persons at risk, the data is also intended for all E.Leclerc rental agencies. Data relating to the management of Contracts between the Renter and the Hirer may be kept for 5 years and, where applicable, for the
duration of any disputes and until all avenues of appeal have been exhausted.
Otherwise, the data may be kept as follows: three years from the date of occurrence for acts and facts falling within categories 1 to 3 inclusive; five years from the date of occurrence for
acts and facts falling within the fourth category. With regard to payment incidents, the facts and associated data are deleted from the file for monitoring persons at risk as soon as the sums due
are paid.

In accordance with the regulations in force, you have rights at all times (access, rectification, deletion, opposition, limitation, portability, definition of directives relating to the conservation, deletion and communication of your data after your death) on the personal data concerning you. To find out more, you can visit the website of the Commission Nationale de l’Informatique et des Libertés (www.cnil.fr).

These rights can be exercised: by e-mail directly to the Hirer. In the event of a complaint, you may contact the Commission Nationale de l’Informatique et des Libertés, located at 3 Place de Fontenoy 75007 Paris.

The Hirer informs the client of the existence of the “BLOCTEL” system which allows him/her, free of charge, to indicate his/her refusal of any telephone canvassing by any professional with whom he/she does not have a contractual relationship, available online at the following address: https://www.bloctel.gouv.fr .

In the event of a complaint, the Hirer may contact E.Leclerc Hyères customer service:
-By telephone on 04.94.12.56.94 (Monday to Saturday, from 09:00 to 18:00)
-By mail : sophie.alvesdossantos@hyeres.leclerc
-By post: by writing to the customer service department of your E. Leclerc Hyères.