1 – DEFINITIONS

“The RENTER”: the natural or legal person in whose name the rental agreement is drawn up, whose identity appears in the “renter” section of the agreement. The natural person or the legal representative of the legal entity is the main driver. The renter will be considered a “professional” if they are acting for the purposes of their professional activity. In this case, specific provisions may apply. “The LESSOR”: the legal entity designated at the beginning of the rental agreement; Certain provisions expressly referring to professionals are only applicable to professionals and not to consumers and/or non-professionals.

2 – CONDITIONS PREREQUISITE FOR RENTAL

2.1 The RENTER must provide his identity, postal address (proof of address less than 2 months old) and telephone number and, if applicable, an email, and present to the RENTER at the time of collection of the vehicle a valid driving license (original document), corresponding to the type of vehicle rented. If the RENTER is a professional, he must also provide (Extract Kbis or any other official document proving his legal existence and the capacity to contract of the natural person, for example a power of attorney from the legal representative of the legal entity, expressly authorizing the rental by the RENTER). In the event that the RENTER holds a driving license issued by a State outside the European Union, he must present a valid international driving license in French (original document).

2.2 The driver(s) must be over 18 years old, and have held a valid driving license for at least 1 year (original document). The RENTER must not be prohibited from driving any motor vehicle. The RENTER reserves the right to refuse to rent the Vehicle if the RENTER does not comply with the provisions of these General Conditions and in particular if: – one of the documents to be provided is missing or is not valid, - the RENTER cannot satisfy the deposit of the security deposit by bank pre-authorization; – the RENTER is in arrears with the RENTER. In these cases, the RENTER will have the option of retaining the sums relating to the reservation already paid by the RENTER.

2.3 L’accès à certains véhicules est toutefois soumis à des conditions d’âge et d’ancienneté de permis plus strictes.
Ainsi, la location de véhicules de catégorie haut de gamme n’est en aucun cas accessible aux conducteurs âgés de moins de 21 ans et titulaire d’un permis depuis moins de deux ans. En cas de dérogation accordée, des conditions supplémentaires peuvent être appliquées, notamment un montant de dépôt de garantie et une franchise pouvant être doublés par rapport aux conditions standards.

The specific conditions applicable to each vehicle (minimum age, license length, security deposit amount, excess amount, etc.) are indicated during the réservation en ligne et rappelées dans le contrat de location.

It is the RENTER's responsibility to check, before confirming any reservation, that they meet the specific conditions for the vehicle category in question. In case of doubt, it is the RENTER's responsibility to consult the General Rental Conditions or to contact the RENTER by any means.

3 – USE OF THE VEHICLE – OFFENCES – RESTRICTIONS ON USE

3.1 The RENTER must drive the rented vehicle with care and in accordance with the Highway Code and the regulations in force. He undertakes to be extra careful when maneuvering or crossing road infrastructure, during which he must take into account the dimensions of the vehicle. The RENTER must use the rented vehicle in accordance with its intended purpose (transport of people for a passenger vehicle and transport of goods for a utility vehicle). Any use of the vehicle that would be detrimental to the RENTER as well as any amount due would authorize the latter to terminate the contract automatically.
3.2 The RENTER is responsible for any offenses committed during the rental period and will therefore be liable for all related amounts. He will also be solely liable for any toll and parking fees incurred by the use of the vehicle. The RENTER reserves the right to re-invoice the RENTER for any amount claimed in relation to offenses committed by the latter, or for costs incurred by his use of the vehicle. The RENTER will also be liable for a fixed administration fee of 20 euros per ticket.
3.3 Restrictions on Vehicle Use: – The vehicle may only be used within French territory (mainland France or DROM-COM, depending on the pick-up location), and in countries where the International Insurance Card (green card) is valid. – The vehicle must not be used in an overloaded state or for transporting more passengers than indicated on the vehicle registration certificate, nor for the paid transport of passengers or goods. – The vehicle must not be used in races or competitions, or to push or tow another vehicle. – The vehicle must not be used for illegal purposes, for driver training, on unpaved roads, or to transport hazardous materials. – The vehicle must not be driven under the influence of alcohol, drugs, or any substance that may impair driving ability. – Goods and luggage transported in the vehicle, including their packaging or securing, must not damage the vehicle or pose abnormal risks to its occupants. – The LESSEE must comply with all legal, regulatory, or customs obligations related to the transportation of goods using the vehicle. – Smoking is strictly prohibited inside the rented vehicle. – When the vehicle is parked, even for a short stop, the LESSEE agrees to lock the vehicle and use any alarm and/or anti-theft devices with which it is equipped. The LESSEE must never leave the vehicle unattended with the keys inside.

4 – RENTAL DURATION – EXCEED

The rental period cannot exceed 30 days. It is calculated in 24-hour increments or 4.5 hours for utility vehicles. The rental ends with the return of the vehicle, its keys and its papers to the RENTER's premises, during opening hours. The RENTER undertakes to return the vehicle to the RENTER on the agreed date and time, unless they request the RENTER's agreement and regularize a new contract. Failing this, after 1 hour of delay: – the RENTER will be charged an additional rental day for each instalment of delay started as well as a fixed late penalty of 50 euros from 24 hours of delay; – the RENTER reserves the right to recover the vehicle wherever it is located at the RENTER's expense. If the RENTER wishes to return the vehicle before the end of the contract, it will be their responsibility to obtain the RENTER's prior agreement.

5 – RENTAL PRICE – FUEL

5.1 The rental cost includes a basic package, agreed between the RENTER and the RENTER and paid at the time of booking. The contract specifies the price of one additional kilometer and one additional day, which will, if applicable, be invoiced in addition to the RENTER after the vehicle is returned.
5.2 Fuel (or energy) is the responsibility of the RENTER: the vehicle is supplied with a full tank of fuel (or energy) and the RENTER must return it in the same condition. Failing this, the missing number of liters of fuel (or charge level) will be invoiced in accordance with the price list indicated on the price list.
5.3 If the TENANT is a professional in accordance with the provisions of Article L.441-10 of the French Commercial Code, any late payment, even partial, will automatically result, in addition to the invoicing of a fixed compensation not exceeding 40 euros for recovery costs, in the application of late payment penalties equal to three (3) times the legal interest rate in force applicable per working day of delay from the day after the due date, until full payment of the invoice.

6 – CANCELLATION – UNAVAILABILITY OF THE VEHICLE

6.1 Cancellation Cancellation of a reservation by the RENTER may only be made in writing, under the following conditions: - made less than 48 hours before the scheduled date of availability of the vehicle, the RENTER will be liable to the RENTER for a sum equivalent to 30% of the total estimated rental amount including tax, capped at €170 including tax. In the event that the estimated rental cost has been paid by the RENTER at the time of booking, the amounts owed by the RENTER for cancellation will be deducted from the payment made and the balance will be returned to the RENTER within a maximum of 8 days from the cancellation. In the event that no payment has been made by the RENTER, the cancellation fees will be invoiced and payable within 8 days from the invoice being sent.
6.2 Unavailability of the vehicle In the event of unavailability of the vehicle at the time agreed by the parties (for example, due to a mechanical failure resulting from a previous rental of said vehicle), the RENTER will make its best efforts to find another vehicle with at least equal characteristics. If no replacement solution is found by the RENTER, the latter undertakes to reimburse the RENTER within a maximum period of 8 days any sum already paid by the RENTER for the reservation as well as a sum equivalent to 10% of the total estimated amount including tax of the rental capped at €170 including tax as compensation.

7 – INSURANCE

7.1 All vehicles are covered by a "Multiple Driver" insurance policy, in accordance with current regulations. The coverage and exclusions of this policy are detailed in an information notice provided to the LESSEE. The term "insured" refers to any person whose liability is incurred due to the custody or authorized use of the insured vehicle by the LESSOR or the LESSEE. The LESSEE therefore agrees to participate as an insured party under this automobile insurance policy. By signing this agreement, the LESSEE accepts the terms of the said policy and undertakes to comply with its clauses and conditions. Additionally, the LESSEE agrees to take all necessary measures to protect the interests of the LESSOR and the LESSOR’s insurance company in the event of an accident during the rental period, including: Notifying the police authorities within 24 hours (excluding public holidays) of discovering any theft, vandalism, or bodily injury; Reporting to the LESSOR within 24 hours (excluding public holidays) of discovering any accident, theft, vandalism, or fire; Providing in the accident report full details of the circumstances, names and addresses of any witnesses, the name and address of the opposing party’s insurance company, and their policy number; Including with the report any police or gendarmerie report, receipt of complaint, etc.; Never admitting liability, discussing fault, or making any settlements or agreements with third parties regarding the accident; Never abandoning the vehicle without taking all necessary steps to ensure its protection and safety. In the event that the LESSEE fails to provide a completed accident report or official statement upon returning the vehicle, the full cost of repairs resulting from the incident will be charged to the LESSEE. This is without prejudice to any deduction from the security deposit.
7.2 – Special conditions applicable to vehicles registered abroad

For all vehicles made available by the RENTER and registered outside France, specific conditions of coverage and liability apply.

In the event of a claim, including when the TENANT is not found liable, an incompressible excess equivalent to the amount of the security deposit will be systematically invoiced to the TENANT.
This excess applies per claim, regardless of the number or nature during the rental period.

No buyback or excess reduction option offered by the RENTER (in particular the Serinity or Serenity Plus offers) applies to vehicles registered abroad.

The RENTER expressly recommends that the RENTER check, before taking charge of the vehicle, whether he has additional insurance linked to his bank card (such as Gold, Visa Premier, Mastercard, American Express, etc.), which could cover the amount of the excess retained in the event of an accident or damage.
It is the responsibility of the TENANT to check the conditions of coverage with the issuer of their card, as well as the declaration procedures and supporting documents required.

The TENANT acknowledges having been informed of these conditions at the time of booking. They are also recalled in the rental agreement.

The RENTER undertakes to comply with all of the obligations set out in Article 7.1 regarding claims reporting. In the absence of an accident report or accident report, the RENTER reserves the right to charge for the full cost of repairs.

7.3 Recommendation regarding excess coverage – vehicles registered abroad

The RENTER expressly recommends that the RENTER check, before taking charge of the vehicle, whether he has additional insurance linked to his bank card (such as Gold, Visa Premier, Mastercard, American Express, etc.), which could cover the amount of the excess retained in the event of an accident or damage.

This recommendation applies particularly to vehicles registered abroad, for which an incompressible excess, equivalent to the security deposit, is systematically applied even in the event of a non-responsible claim.

In the absence of personal supplementary cover, this excess will remain entirely the responsibility of the RENTER, without the possibility of reduction or redemption through an offer from the RENTER.

It is the responsibility of the TENANT to check directly with their bank or card issuer the exact conditions for covering this type of excess, as well as the formalities to be observed (payment with the card, declaration to the bank insurance, supporting documents to be provided, etc.).

8 – SECURITY DEPOSIT

The security deposit is an amount deposited via a bank pre-authorization or, exceptionally, in cash up to the authorized legal limit (€1,000), by the RENTER for the benefit of the RENTER, at the latest when the vehicle is made available, in order to guarantee the perfect execution of the obligations imposed on it. The RENTER must ensure that the limit of the bank card which will be used for the SECURITY DEPOSIT allows the pre-authorization on the day the vehicle is made available.

In the absence of bank pre-authorization or a compliant deposit, in accordance with article 2.3, no vehicle will be made available and no reimbursement of sums already paid will be made.

The security deposit amount ranges from €400 to €10,000 depending on the vehicle category, as indicated on the vehicle rental agreement or price list. Similarly, the applicable excess ranges from €1,000 to €10,000, depending on the vehicle category and any options purchased.

The TENANT can subscribe to one of the following options: Serenity or Serenity Plus, which allows for a reduction of the security deposit and excess for an additional daily charge. These offers do not involve a full waiver of the excess and leave a remaining charge.
⚠️ The Serinity and Serenity Plus offers are not available for high-end or luxury vehicles unless expressly agreed otherwise by the RENTER.
⚠️ The Serenity Plus offer is not available for first-time rentals or for drivers under 25 years of age.
The conditions of these options are specified in the contractual documents or the price list, unless expressly waived by the LESSOR.

In the event that the TENANT owes sums to the LESSOR under the contract, the TENANT expressly authorizes the LESSOR to withhold the sums due from the security deposit, by providing proof of the amount.

In the absence of any amount owed by the RENTER to the RENTER, the security deposit will be returned to him within a period of between 7 and 21 calendar days, depending on the category of the vehicle. In the case of a cash deposit, the refund will be made within a fixed period of 21 calendar days, regardless of the category.

If the amount of the sums owed to the LESSOR exceeds that of the security deposit, a request for additional payment will be sent to the LESSOR by any means.

9 – CONDITION OF THE VEHICLE – INVENTORY

9.1 An “inspection report” is provided to the LESSEE when the vehicle is handed over. This report describes the condition of the vehicle as noted by the LESSOR. It is the responsibility of the LESSEE to check the condition of the vehicle against the “inspection report” provided by the LESSOR and to report any visible defect not listed, prior to departure, so that the LESSOR can add it to the report. Otherwise, the vehicle shall be deemed to have been delivered in accordance with the description stated in the inspection report, and the LESSEE shall be considered to have accepted the initial inspection report. A new inspection report will be completed upon return of the vehicle. The return of the vehicle must be carried out in the presence of a representative of the LESSOR and the LESSEE. If the LESSEE is unable or refuses to inspect the vehicle with the LESSOR’s representative, the LESSOR is authorized to carry out the inspection in their absence and to record the impossibility or refusal of a joint inspection. The vehicle is handed over to the LESSEE in a perfectly clean condition and must be returned in the same state. If not, a cleaning fee may be charged to the LESSEE: €70 including tax (except for high-end vehicles, for which the flat fee is €379 including tax).

9.2 NO SMOKING IN THE VEHICLE

Smoking is strictly prohibited inside the vehicle, regardless of the nature of the product consumed (tobacco, electronic cigarette, shisha, cannabis, etc.).

If the smell of tobacco, ash or any other indication that smoking has been detected in the vehicle is detected, a fixed fine of €250 including tax will be automatically invoiced to the RENTER, without notice and without the possibility of contesting.

In addition, any damage caused to the interior of the vehicle in connection with the use of tobacco or similar products, such as:

hole, burn, stain or persistent odor on the seats,
damage or burns to carpet or upholstery,
will automatically result in the invoicing of the full replacement of the item concerned, without partial repair being possible. Thus:

any hole or burn on a seat will result in the complete replacement of the affected seat;
Tout dommage sur la moquette entraînera le remplacement intégral de la moquette intérieure du véhicule.

No partial quotes, discounts or lower-cost repairs will be offered: these fees are non-negotiable.

The RENTER is required to return the vehicle in a condition strictly consistent with that found at departure. Failing this, the costs related to replacements, cleaning and immobilization will be invoiced in full. 

10 – MAINTENANCE – MECHANICAL-BODYWORK PROBLEM

During the rental period and depending on the number of kilometers driven, the LESSEE must carry out standard checks of oil, water, and other fluid levels, tire pressure, etc., in accordance with normal vehicle use. The LESSEE must remain attentive to any warning lights on the vehicle's dashboard and take all necessary precautionary measures, including emergency stops if required. The vehicle is provided with tires that meet road safety regulations. In the event of damage to any of the tires for reasons other than normal wear, hidden defect, or force majeure, the LESSEE agrees to replace them immediately and at their own expense with an identical tire of the same type, brand, and level of wear. Similarly, any damage caused to the vehicle’s rims will be the responsibility of the LESSEE. If the odometer malfunctions, the LESSEE must immediately inform the LESSOR. If the malfunction is found to be due to fraud by the LESSEE, a mileage fee will be charged based on 500 kilometers per day. In the event of a breakdown immobilizing the vehicle, the LESSEE agrees to contact the LESSOR’s roadside assistance service, the number of which is displayed on the rented vehicle and detailed in the general assistance terms, and to notify the LESSOR as soon as possible. Any modifications, bodywork repairs, or mechanical interventions on the vehicle are strictly prohibited without the prior authorization of the LESSOR.

11- RESPONSIBILITY AND GUARANTEES

11.1 General Liability of the LESSEE The LESSEE is responsible for the vehicle in their custody until the end of the rental agreement; as such, they are liable for any damage to the vehicle other than normal wear and tear. Any repair or replacement costs made necessary due to the LESSEE's actions will be charged in addition to the rental fee. These costs will be invoiced based on a quote from an independent mechanic and depending on whether the incident is covered by the LESSOR’s insurance. If the return of the vehicle requires repatriation due to the LESSEE’s fault, the related costs will also be charged to the LESSEE. In the event of the vehicle being confiscated or sealed, the rental contract may be automatically terminated as soon as the LESSOR is notified by the judicial authorities or by the LESSEE. In case of theft, the rental contract will be terminated once the LESSOR receives a copy of the police report filed by the LESSEE with the competent authorities. In the event of an accident that requires immobilization of the vehicle, the contract will be terminated upon submission to the LESSOR of a completed accident report signed by the LESSEE and any third party involved. In the case of damage or theft, the LESSEE must provide the LESSOR with the accident report or theft declaration issued by the authorities, along with the vehicle keys and documents, within 5 days from the occurrence of the event or from the date they became aware of it, unless the LESSEE can prove the non-return of the keys was due to reasons beyond their control or force majeure. For the purposes of this Article 11, the following terms are defined as: “DAMAGE”: any damage to the vehicle including glass breakage, headlights, mirrors, and lights. “DEDUCTIBLE”: the amount to be borne by the LESSEE, not covered by the insurer (notably in cases where there is no identified third party or recourse is impossible, or where the damage or theft is attributable to the LESSEE). 11.2 Liability of the LESSEE Covered by the LESSOR’s Insurance The LESSEE is liable for incidents covered by the LESSOR’s insurance company as outlined in the rental notice, contract, or online booking confirmation. This includes, in particular: All damages to the upper parts of the bodywork, to the body, and to visible mechanical parts. For hidden parts of the vehicle (such as the oil pan, engine, exhaust, etc.), the LESSEE may also be held responsible if damage occurs. Subject to the provisions of Article 3.3, in case of theft, the LESSEE is covered by the LESSOR’s insurance company provided they comply with the present terms and return the vehicle’s keys, documents, and the police theft report. In the event of a responsible accident, an accident without an identified third party, or in the event of theft or damage to the vehicle, the LESSEE shall be liable up to the amount of the deductible stated in the rental agreement. If a third party is identified, the deductible will still apply per incident. This deductible (or deductibles in case of multiple incidents during the same rental) will also apply to damage caused to third parties, even if the rented vehicle was not damaged. The deductible amount will be invoiced to the LESSEE at the end of the rental based on documentation provided by the LESSOR and deducted from the security deposit, subject to the provisions of Article 11.4. 11.3 Liability of the LESSEE Not Covered by the LESSOR’s Insurance The LESSEE shall be held responsible for interior damages (whether intentional or not), such as: Broken accessories Cigarette burns Damage caused by transported goods, their packaging, or securing. The LESSEE must provide evidence to prove they are not at fault to be exempt from responsibility. The LESSEE will also be liable for loss, theft, or damage to any personal property or valuables transported or left in or on the vehicle during or after the rental period. Any repair costs resulting from the LESSEE’s fault will be added to the rental cost and invoiced. The LESSOR cannot be held liable for any loss or damage caused by the LESSEE or a third party during the loading or unloading of the vehicle, including damage caused by the vehicle’s doors or tailgate lift. Failure to comply with any of the obligations outlined in Articles 2, 3, and 4 of these Terms and Conditions will result in forfeiture of contractual guarantees and exclusion from the LESSOR’s insurance coverage. The vehicle is only insured for the rental period indicated in the rental contract. Beyond this time, the LESSOR disclaims all liability for any accident caused by the LESSEE, who will be personally responsible. The LESSEE will be liable for all incidents not covered by the LESSOR’s insurance under the standard liability rules. All repair costs attributable to the LESSEE will be charged in addition to the rental cost. Amounts due under this article will be invoiced at the end of the rental based on supporting documents provided by the LESSOR and will either be deducted from the security deposit or claimed in addition if the deposit is insufficient.
11-4 Additional protections The LESSOR may offer the RENTER two options (Serinity and Serinity plus) for limiting the amount of the excess and the security deposit. In this case, the RENTER's subscription to this option when signing the rental contract allows for a reduction in the amount that will be claimed from him under Article 11-2 for the reimbursement of the excess. This option for limiting the amount of the excess applies only once, for a single damage during the term of the contract. Other damages will be subject to a full excess per damage if there is no causal link between the damages.

12 – FORCE MAJEURE

The performance of the obligations incumbent upon each of the parties hereunder may be suspended by the occurrence of an event constituting force majeure. A case of force majeure is any event beyond the control of one of the parties, which could not reasonably have been foreseen at the time of conclusion of the Contract and whose effects cannot be avoided by appropriate measures, preventing the performance of the obligation of one of the parties within the meaning of Article 1218 of the Civil Code and case law. The party invoking force majeure must inform the other party without delay in writing of the duration and foreseeable consequences of the event constituting force majeure. The parties must then meet to consider the consequences of the situation and endeavor to reach an acceptable solution to enable the performance of this Agreement. The performance of the obligations will resume its normal course as soon as the event constituting force majeure has ceased.

13 – PROCESSING OF PERSONAL DATA

The information collected is processed by Automatic Cars in order to provide the requested rental services and, where applicable, manage your rental. In accordance with the applicable regulations on the protection of personal data, you have the right to access, rectify, delete and transfer your data, as well as the right to object and limit the use of all data concerning you. When processing is based on consent, you can withdraw your consent at any time. You can exercise your right of appeal at any time to the competent authority for the protection of personal data (CNIL).

14 – INFORMATION RELATING TO OPPOSITION TO TELEPHONE CANVASING

If the customer's telephone number is collected at the time of purchase, the seller informs him that he has, in application of article L. 223-1 of the Consumer Code, outside of his customer relationship with his lessor and in general, the possibility of registering free of charge on a list of opposition to telephone canvassing if he does not wish to be the subject of commercial prospecting by telephone.

15 – CUSTOMER SERVICE – COMPLAINTS – MEDIATION

For any information, questions or complaints, the LESSOR is the preferred contact for the LESSOR to provide an answer and/or solution. The LESSOR may contact the LESSOR as a first resort. In addition to this amicable resolution system, the European Commission has set up a dispute resolution platform intended to collect any consumer complaints following an online purchase in order to then forward them to the competent national mediators. This platform is accessible at the following address: http://ec.europa.eu/consumers/odr/

16 – APPLICABLE LAW AND COMPETENT JURISDICTION

The language governing these General Rental Conditions and all communications related to them is French. These General Rental Conditions are subject to French law.

WHEN THE TENANT IS A PROFESSIONAL, BY EXPRESS AGREEMENT AND SUBJECT TO THE MANDATORY LEGISLATION IN FORCE, THE COMMERCIAL COURT OF PARIS WILL HAVE SOLE JURISDICTION FOR ANY DISPUTE RELATING TO THIS CONTRACT CONCLUDED WITH PROFESSIONALS.