General terms and conditions for online reservations and rentals - France
Article 1 – Definitions
The various terms referenced in these General Conditions shall be interpreted in accordance with the provisions of common contract law applicable to leases (Articles 1713 et seq. of the French Civil Code). The Contract is concluded intuitu personae and may not be transferred.
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"Accident": refers to any event involving the Vehicle and/or its Driver, even if the Vehicle does not show any Damage.
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"Cancellation" or "Modification": refers to the Renter's request to cancel or modify the terms of the Reservation.
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"Application": refers to the Rental Company's software installed on a device allowing a joint inspection of the Vehicle at the beginning and end of the rental, including photo documentation. In some participating Agencies, the Renter or Driver can access this software online to carry out the Vehicle inspection using their smartphone.
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"Beneficiary": refers to the Driver named in the rental contract who benefits from the rental service provided by the Renter. When the Renter is an insurance company, it is contractually linked to the Beneficiary under the replacement vehicle coverage of the insurance policy.
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"Driver": refers to the person holding a valid driving license and authorized by the Rental Company under the rental contract to drive the Vehicle. An additional Driver may be designated at the start of the rental. Authorized Drivers have legal custody of the Vehicle and are jointly and severally liable with the Beneficiary and Renter.
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"Rental Contract": refers to the terms applicable between the Renter, the Driver or Beneficiary, and the Rental Company. It comprises the special terms confirming the commercial offer between the parties, these General Rental Conditions, the terms of the online Reservation, departure and return condition reports, General Information, any additional insurance coverage taken, and the Privacy Policy, forming an indivisible whole.
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"Security Deposit(s)": refers to the payment method(s) that constitute the Renter’s irrevocable authorization(s) for collection/debit. This amount is paid no later than at the time of signing the Rental Contract and secures the Rental Company against any amount owed by the Renter/Beneficiary under the Rental Contract, including fees listed in the General Information. In some Agencies and under certain rental conditions, the Rental Company reserves the right to collect the Security Deposit at the time of vehicle pick-up.
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"Misappropriation": refers to any non-return and/or appropriation or attempted appropriation of the rented Vehicle, through false statements, fraud, malicious use, or misconduct by the Renter, Driver, Beneficiary, or their successors and assigns.
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"Damages": refers to any damage to the Vehicle occurring during the rental period.
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"Vehicle Condition Report": refers to the joint inspection of the Vehicle's condition conducted by the Rental Company and the Renter at pick-up and return. It is formalized through a digital condition report signed electronically or, alternatively, a printed and signed condition sheet.
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"Force Majeure": any event as defined under Article 1218 of the French Civil Code that prevents or delays the performance of the contract (e.g., wars, natural disasters, riots).
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"Deductible": refers to the maximum amount(s) payable by the Renter in case of an Accident or Theft of the Vehicle, when insurance coverage has been purchased from the Rental Company. Deductible amounts are listed in the special conditions or, for online Reservations, on the Website(s). They may be “full” or “reduced” depending on the selected options.
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"General Information": refers to the provisions and information made available to customers in the Agency and/or on the Websites under Article 2 of the French Decree of March 17, 2015 concerning pre-contractual consumer information and price advertising for vehicle rental services. This document sets the fee amounts referenced in these General Conditions.
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"The Renter" or "You": refers to the individual or legal entity party to the rental contract, or the duly authorized representative of the Renter. The signatory of the Rental Contract is presumed to be the Renter and is jointly and severally liable with the Beneficiary and Driver for the full performance of the Rental Contract.
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"The Rental Company" or "Us" or "the Agency": refers to CarGo Jean Lain Mobilités Agencies belonging to the Jean Lain Group (namely companies A QUICK RENTAL, AGIR, and ACTION), or one of its subsidiaries, or one of the members of its network of independent dealers or franchisees, whose business name appears on the Rental Contract.
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"Payment Method(s)": refers to the payment methods accepted by the Rental Company: cash under applicable law, bank checks from a French bank, or electronic payment instruments linked to a bank card from the Visa, MasterCard, or CB networks linked to a bank account. Debit cards with systematic authorization (e.g., Maestro, Electron, Indigo, Kyriel, Cyrus, etc.) are not accepted. Some Agencies may accept cards from other networks.
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"Upper Parts of the Vehicle": refers to the parts located above the windshield line.
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"Lower Parts of the Vehicle": refers to the parts located below the bottom of the doors and bumpers.
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"Rental Price": refers to the estimated cost of services under the Rental Contract. Depending on the rate at the time of signing, it may include a global or periodic (daily, weekly, or monthly) package, a mileage cost, costs for additional options selected by the Renter/Beneficiary, and various contributions for optional insurance coverage. It may also include amounts remaining payable by the Renter/Beneficiary under the Rental Contract.
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"Reservation": refers to the agreement between the Rental Company and the Renter concerning the rental terms. This final agreement is concluded either at the Agency or via the Websites.
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"Website(s)": refers to the site(s) owned or operated by the Rental Company allowing online rental of a Vehicle, excluding comparator or intermediary websites, or any other websites linking to or referenced by/on the official Website(s).
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"Circulation Documents": refers to the copy of the vehicle registration certificate, the insurance memo, and the Renter's copy of the Rental Contract.
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"Vehicle Value": refers to the assessed value of the Vehicle, including its accessories and equipment, determined through the expert appraisal commissioned by the Rental Company.
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"Vehicle": refers to a Passenger Vehicle (VP), a Light Utility Vehicle (VUL), or a license-free car (known as a light quadricycle - VSP), including any of its accessories and equipment, rented for the agreed duration under the Rental Contract.
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"Theft": refers to any fraudulent removal of the Vehicle belonging to the Rental Company.
Article 2 – Conditions for Renting
2.1. THE RENTER
2.1.1. For individuals: the Renter must present in original:
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(i) a valid form of ID (national ID card or passport),
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(ii) a Payment Method,
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(iii) a proof of address less than three months old (e.g., utility bill), and
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(iv) a valid email address.
2.1.2. For businesses or associations: the Renter must present:
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(i) a K-Bis extract less than three months old (SIREN number), or for associations, a registration receipt from the prefecture (RNA number),
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(ii) a power of attorney from the legal representative,
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(iii) a copy of the representative’s ID,
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(iv) a validated purchase order,
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(v) a Payment Method, and
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(vi) a valid email address.
2.2. THE BENEFICIARY
The Beneficiary must present the rental service voucher issued by the Renter, unless it has already been provided by the Renter.
2.3. THE DRIVER
2.3.1. For VP and VUL: the Driver designated in the Rental Contract must present in original:
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(i) a valid French driving license,
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(ii) appropriate for the Vehicle category.
Licenses issued by the European Union are accepted if in Latin characters. Other foreign licenses (international licenses) must be accompanied by a certified translation. The Driver must meet the age requirements and have held a driving license for at least 3 years (or 5 years for some vehicle categories).
2.3.2. For VSP: the Driver designated in the Rental Contract must present in original:
(i) a Road Safety Certificate (BSR) with the "light quadricycle" option,
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(ii) a valid driving license (any category issued in France or abroad).
The Driver must be at least 21 years old.
The Renter declares and guarantees that:
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the Driver (main and additional) meets the criteria defined above,
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and that they will be the only persons authorized to drive the Vehicle.
The Renter is fully liable for the actions of any unauthorized driver or user of the Vehicle.
Article 3 – The Vehicle
The Vehicle is made available to the Renter with its keys or locking and ignition systems and registration documents. The Vehicle is delivered clean, in good working condition (mechanically and cosmetically), with well-maintained tires and accessories, subject to any non-visible defects.
At both the beginning and end of the rental period, a Vehicle Condition Report is prepared jointly by the Rental Company and the Renter or the designated Driver in the Rental Contract. This report is formalized through the App using a digital check-in/out form, electronically signed, indicating the date and time of delivery and return, the odometer reading, fuel level, and any visible damages.
In some Rental Company branches or in case of app malfunction, this report may be completed on a printed form signed by both parties. In some participating branches, the digital report may be completed directly by the Renter or the Driver and submitted via the App. This submission is deemed as an acknowledgment by the Renter or Driver of the Vehicle’s condition.
Any damage or technical anomaly must be reported to the Rental Company within 30 minutes after pickup. Otherwise, the Vehicle will be considered to have been delivered in good condition as stated in the initial condition report. The Rental Company will not consider claims for visible damages not reported at the start.
If the Renter or Driver refuses to sign the digital condition report via the App, or the printed form, or fails to submit the digital report via the App (in some participating branches), the Rental Company will prepare the report alone, and it will be fully enforceable against the Renter.
Upon return, if the Vehicle is not in the same condition or with the same fuel level as at pickup, the Renter will be held responsible. A safety kit including a triangle and a vest is present in the Vehicle. If this equipment is not returned, the Renter will be charged the amount specified in the General Information.
3.2. USE
3.2.1. Reasonable Use of the Vehicle
From the moment the Vehicle is handed over, the Renter and designated Driver are legally responsible for it, whether in motion or parked, in accordance with Article 1242 of the French Civil Code.
The Renter and Driver agree:
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(i) to use the Vehicle reasonably and according to its intended purpose (Article 1728 of the French Civil Code) and vehicle registration;
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(ii) to allow only the designated Drivers in the contract to drive;
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(iii) to follow the rules of the road;
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(iv) to keep the Vehicle locked with windows closed when parked;
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(v) to drive only in France on paved, authorized roads.
Driving in neighboring countries is allowed with prior written authorization from the Rental Company. In that case, the Vehicle must be insured by the Renter with an All-Risk Insurance valid outside France, and proof must be provided before crossing borders. The Renter must also ensure the Vehicle complies with local road regulations.
3.2.2. Prohibited Uses
The Renter and Driver agree not to:
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(i) smoke in the Vehicle;
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(ii) leave keys or documents inside the Vehicle, even temporarily;
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(iii) sublet the Vehicle;
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(iv) transport passengers for a fee;
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(v) exceed the number of seats;
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(vi) tow/push another vehicle or object (unless Vehicle is adapted and within authorized limits);
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(vii) modify the Vehicle;
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(viii) use it for illegal, immoral, or propaganda purposes;
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(ix) use it for advertising without prior consent;
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(x) transport hazardous materials against regulations;
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(xi) transport animals (except domestic pets);
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(xii) use it for driving lessons, races, competitions, or route scouting.
3.3. MAINTENANCE
3.3.1. Maintenance by the Rental Company
The Rental Company is responsible for wear and tear costs, including immobilization, servicing, repairs, part replacements, or tire changes. Any modification or mechanical work must be authorized in writing. Otherwise, the Renter and Driver will bear the cost of restoring the Vehicle to its original condition.
For rentals exceeding 30 days, the Renter must return to a branch for a new condition report. If damage is found, charges may apply. Failure to comply may result in contract termination.
3.3.2. Maintenance by the Renter
The Renter must keep the Vehicle clean and carry out regular checks depending on mileage, including:
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(i) tire pressure,
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(ii) fluid levels (oil, water, brake fluid, AdBlue, etc.).
They must monitor warning lights and take appropriate action (e.g., stop if a red light appears). The Renter and Driver are jointly liable for damages due to fault, misuse, negligence, or poor maintenance. The Rental Company will charge for the necessary repairs and the downtime cost, as specified in the General Information.
Once a replacement Vehicle is provided, the rental contract continues as normal and all obligations remain in force.
3.4. VIOLATIONS – FINES – FEES
The Renter and Driver are responsible for:
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(i) traffic violations,
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(ii) parking fees,
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(iii) toll charges during the rental.
As per legal obligations, the Rental Company will provide authorities with the Renter’s and Driver’s details upon request. Administrative fees for processing each infraction will also be charged, as listed in the General Information.
3.5. RETENTION OF OWNERSHIP
The Vehicle remains the property of the Rental Company or its financing institution. The Renter, Beneficiary, and Driver must uphold this ownership right, and immediately inform the Rental Company of any seizure, insolvency, or third-party action. Failing to do so, they are jointly liable for any resulting damages or losses.
3.6. GEOLOCATION
For security and anti-theft/fraud reasons, Vehicles may be equipped with GPS tracking systems that allow real-time location, remote locking/unlocking, engine activation/deactivation, or shock detection.
The Renter, Beneficiary, and Driver are hereby informed that, in the event of theft or breach of contract, the Rental Company reserves the right to locate and secure the Vehicle remotely.
Article 4 – Duration
The vehicle rental conditions are presented at the Agency and on the Lessor’s websites. The Reservation definitively sets the terms of the agreement with the Lessor. Reservations and Rental Contracts cannot be modified or cancelled after the Vehicle has been delivered.
4.2. CANCELLATION
4.2.1. At the Renter's initiative: The Renter may request in writing and obtain a free cancellation of their Reservation within a minimum notice of (i) 48 hours before the scheduled departure for passenger vehicles (VP) and light commercial vehicles (VUL), and (ii) 7 days before the scheduled departure for camper vans. Beyond this period, part of the total Reservation amount may be retained by the Lessor, and cancellation fees will be charged to the Renter. The amount of these fees is listed in the General Information.
4.2.2. At the Lessor's initiative: If the Reservation is cancelled by the Lessor, the entire amount paid must be refunded to the Renter.
4.4. MODIFICATION
The Renter may request in writing a modification of their Reservation. The Lessor will make their best efforts to accommodate the Renter’s request, subject to vehicle availability. New financial conditions may be proposed to the Renter, and the modification will become effective only after written confirmation by the Renter and payment of any applicable price differences.
4.5. EXTENSION
If the Renter wishes to extend the Contract beyond its initial duration, they must make a written request to the Lessor at least 48 hours before the initially agreed return date. The Lessor reserves the right to accept or refuse the extension, particularly based on vehicle availability and subject to new financial conditions. If both parties agree on the terms of the extension, the Renter must promptly sign the documents provided by the Lessor and return them along with the required payment. If the extension is refused or if there is no agreement, the Renter must return the Vehicle on the initially agreed date. Any unauthorized extension or failure to return the Vehicle at the end of the agreed period constitutes misappropriation of the Vehicle. In such cases, the Renter, the Beneficiary, and the Driver may be subject to legal proceedings for breach of trust. The Lessor is entitled to recover the Vehicle at any location, at the Renter’s expense.
4.6. RETURN – TERMINATION
4.6.1. Return conditions:
The Contract duration is defined in the special terms and is based on non-divisible 24-hour periods. To avoid civil and criminal liability, the Renter agrees to return the Vehicle at the agreed location, date, and time as specified in the Contract, along with its keys or locking/starting systems and circulation documents. The Vehicle remains the full responsibility of the Renter and the Beneficiary until it is effectively returned to the Lessor, which marks the end of the Contract. Any return outside the Agency’s opening hours must follow a written procedure previously agreed upon with the Lessor. Dropping the keys or systems in the Lessor’s mailbox does not end the Contract. The Renter and the Beneficiary will bear all costs and consequences resulting from failure to comply with return conditions, including abandonment and repatriation of the Vehicle. No refund will be made in case of early return. If the Vehicle is returned late, a delay of up to 59 minutes is tolerated. Beyond that, an additional full day will be charged based on the Vehicle category and the maximum daily rate stated in the General Information, unless the Renter can prove a case of Force Majeure.
4.6.2. Termination conditions:
The Lessor may terminate the Contract at any time, without compensation and as of right, if the Renter fails to fulfill essential obligations under the Contract, particularly regarding vehicle use, rent payment, check-ups for contracts exceeding 30 days, return conditions, or extension procedures. In particular, failure to pay a single invoice, installment, or other payment on time will automatically terminate the Contract and require the immediate return of the vehicle. If the Vehicle is not returned as scheduled or after termination, despite formal notices and with no news from the Renter, the Lessor may report the Vehicle as Stolen or Misappropriated to the authorities. In such case, the Contract ends at the time of the complaint filing.
Article 5 – Financial Terms
5.1. PRICING AND PAYMENTS
The rental fee for the requested service is determined based on the Vehicle category, the rental duration (calculated from the pick-up to the return date), the pick-up location, and the mileage covered or the agreed mileage package. It also includes the cost of any optional services accepted by the Renter or the Authorized Driver, as well as the premiums for any additional insurance or guarantees subscribed. The Rental Price and the Security Deposit are specified in the specific terms of the Contract and must be paid in advance. Failing this, the Renter or the Driver will not be allowed to take possession of the Vehicle. Regardless of the payment method used, the Rental Company reserves the right to carry out any necessary checks and to accept or refuse the rental based on legitimate grounds. The final rental cost is calculated upon the return of the Vehicle. At the end of the Contract, the Renter agrees to pay all outstanding amounts due under the Contract, including but not limited to:
(i) any additional rental fees due to a longer rental period than agreed,
(ii) extra mileage,
(iii) missing fuel,
(iv) vehicle cleaning,
(v) vehicle repair costs within the limits of the guarantees subscribed and the Renter’s liability level,
(vi) theft or accident deductibles,
(vii) as well as any fees and indemnities owed to the Rental Company under the terms of the Contract.
5.2. SECURITY DEPOSIT
The Security Deposit is intended to cover any loss incurred by the Rental Company due to amounts owed by the Renter, Authorized Driver, or Driver. The amount of the Deposit depends on the Vehicle category and is specified in the Contract. It must be paid by the Renter at the time of booking, and at the latest upon signing the Contract. The amount effectively paid as a Security Deposit will be refunded to the Renter within a maximum of three months after the end of the Contract, minus any amounts owed to the Rental Company (services, fees, and penalties).
5.3. FEES
5.3.1. Cancellation Fees: A Renter who does not comply with the cancellation terms will be liable for cancellation fees, the fixed amount of which is detailed in the General Information.
5.3.2. Excess Mileage: The mileage is calculated based on the difference between the reading on the Vehicle’s odometer at pick-up and at return, as recorded in the Vehicle Condition Report. In case of excess mileage over the amount provided for in the Contract, the Renter will be charged the extra mileage fee as per the General Information. If the odometer is not functioning for any reason other than a proven technical failure, the Renter will be charged a mileage fee calculated according to the Vehicle category based on either 1,000 km or 500 km per rental day, as indicated in the General Information.
5.3.3. Fuel and Consumables Fees: The Vehicle must be returned with the same fuel level and consumables as at pick-up. Otherwise, the Renter or Authorized Driver will be charged for the missing fuel and consumables, increased by a fixed fee to cover administrative and service costs. These costs are specified in the General Information.
5.3.4. Cleaning Fees: If the Vehicle is returned in an unusually dirty condition, the Renter or Authorized Driver will be charged a cleaning fee, as set out in the General Information.
5.3.5. Repair Fees: If the Vehicle is not returned in the same condition as at pick-up, the Renter or Authorized Driver may be liable for repair costs. A repair estimate for damages will be submitted by the Rental Company to the Renter or Authorized Driver, who will have 72 hours to contest and request an independent expert evaluation at their own expense. If no request is made within that timeframe, the estimate provided by the Rental Company will be deemed accepted and invoiced, within the limits of the insurance cover agreed by the Renter.
5.3.6. Downtime Fees: In case of an at-fault incident that immobilizes the Vehicle for more than 48 hours, the Renter will be charged downtime fees equal to the Vehicle’s daily rental rate.
5.3.7. Key or Locking/Starting System Loss: In the event of loss, the Renter, Authorized Driver, or Driver must pay for the replacement and reprogramming of all locking and starting/stopping systems of the Vehicle.
5.3.8. Administrative Fees for Fines, Tolls, and Charges: The Renter is liable for administrative fees for processing any fines, charges, or tolls incurred while the Vehicle is in their care during the rental period. These fees are specified in the General Information.
5.3.9. Claim Handling Fees: The Rental Company reserves the right to charge claim handling fees for any non-covered claim, as specified in the General Information.
5.4. PENALTIES
5.4.1. Late Payment Interest: Regardless of the agreed payment method, failure to pay by the due date stated on the invoice will automatically result in late payment interest being charged at the ECB rate plus 10%, starting from the due date. In case of non-payment, and without prejudice to any damages, unpaid amounts will be increased by 15% as a fixed penalty.
5.4.2. Debt Recovery Fees: For professionals, payment after the due date on the invoice will automatically incur a fixed recovery fee of €40 per invoice. This fixed fee does not prevent the Rental Company from claiming additional compensation for recovery costs upon justification, up to the full amount incurred for debt recovery, regardless of its nature.
Article 6 – Insurance and Assistance
6.1. COVERAGE
6.1.1. Insurance:
The insurance provided under the Agreement is a third-party liability insurance policy. Only the Drivers designated in the Agreement are insured. The Drivers are covered for the financial consequences of their civil liability arising from accidents caused to third parties, within the limits set forth in Articles L211-1 to L211-7 of the French Insurance Code. This insurance is valid for the duration of the Agreement. Upon the expiration of the Agreement, and if the Renter has not returned the vehicle, they will bear the consequences of any accident. The insurance is valid in France. In the event of travel outside of France and with the Lessor’s approval, the Renter must provide their own insurance for the Vehicle under the conditions provided in Article 3.2.1 of these General Terms and Conditions. Drivers must meet the conditions and comply with the obligations set out in Article 3 of these General Terms and Conditions.
6.1.2. Assistance:
Assistance is an additional service applicable to the Agreement only if the Renter has subscribed to the “Assistance CarGo Jean Lain Mobilités” option indicated in the specific terms of the Agreement. The terms of assistance are available in the Vehicle. If the Renter, Beneficiary, or Driver has not subscribed to this option and uses the assistance services, the costs incurred will automatically be charged to them.
6.2. EXCLUSIONS
6.2.1. What the Renter may need to insure themselves or remain liable for:
The Lessor’s insurance does not cover: (i) Damage to the Vehicle caused by the Renter, Beneficiary, or Driver; (ii) fire; (iii) personal injury to the Driver; (iv) damage to or loss of personal belongings, objects, or goods transported in the Vehicle, even after its return. The Lessor is not liable for any loss of opportunity or loss of income resulting from the execution of the Agreement.
6.2.2. What is not insured:
Except in cases of force majeure, damages are fully borne by the Renter or the Beneficiary, without application of the deductible, up to the Vehicle’s Value plus related immobilization costs, in the following cases:
(i) non-compliance with the provisions of Article 3 of these General Terms and Conditions;
(ii) damage due to collision or to the upper or lower parts of the Vehicle;
(iii) fuel type errors;
(iv) mechanical damage resulting from clearly faulty or improper use and/or driving despite dashboard alerts;
(v) any modification made to the Vehicle;
(vi) unauthorized contract extension by the Renter;
(vii) failure to complete the required vehicle check-up when extending the Contract beyond 30 days as per Article 3.3.1.;
(viii) driving by anyone not authorized by the Lessor;
(ix) driving under the influence of alcohol, drugs, narcotics, barbiturates, or medication incompatible with driving—except those taken under prescription and supervision of a physician—this also applies to any refusal by the Renter and/or Driver to undergo police checks;
(x) abandonment or failure to return the Vehicle by the Renter, Beneficiary, or Driver;
(xi) damage to interior equipment (burns, tears, stains, etc.);
(xii) damage caused by transported goods or animals;
(xiii) theft or damage to the Vehicle's interior or exterior equipment (radio, GPS, screen, rims, antenna, etc.);
(xiv) tire damage, punctures, or theft;
(xv) damage or theft due to the loss or theft of locking and ignition systems;
(xvi) damage from weather events (hail, lightning, flooding, storm, etc.) unless qualifying as force majeure;
(xvii) any glass breakage (windows, windshield, mirrors, etc.);
(xviii) collisions with wild or domestic animals (game, dogs, etc.);
(xix) failure to report an Accident even if no damage occurred to the Vehicle;
(xx) failure to submit or delayed submission (more than 2 business days after the incident) of the accident report to the Agency, or if the report is unusable or fraudulent (collusive);
(xxi) if the Driver is at fault and the Vehicle is deemed economically irreparable (VEI) or unfit for road use (VGE);
(xxii) damages and accidents caused intentionally by the Renter, Beneficiary, Driver, their employees or representatives;
(xxiii) gross negligence or misconduct in use or custody of the Vehicle, including deactivation of locking or ignition systems and handbrake; non-compliance with legal or regulatory driving obligations;
(xxiv) exceeding authorized weight limits (P.V., P.T.A.C., P.T.R, etc.);
(xxv) theft or attempted theft of the Vehicle;
(xxvi) when the Renter, Beneficiary, or Driver appears on any official or governmental database of confirmed or suspected terrorists, is a member of terrorist organizations, drug traffickers, or involved in illegal arms or chemical/nuclear/biological trade.
6.3. ADDITIONAL COVERAGE OPTIONS
6.3.1. “Assistance CarGo Jean Lain Mobilités” add-on:
Some Agencies offer additional insurance and protection options. Rates and terms are available in Agencies and/or on the Websites. By subscribing to these add-ons, the Renter may reduce their financial liability in case of an Accident, Theft of the Vehicle, or certain specific damages. These add-ons do not cover all exclusions listed in the Agreement.
6.3.2. “CarGo Protect” add-on:
The Lessor offers an optional coverage that partially or fully reduces deductibles. Rates and conditions are available in Agencies and/or on the Websites. If subscribed, the Renter will receive an information notice.
Article 7 – Claims
7.1.1. Accident claim and management:
In case of an Accident, the Renter, Beneficiary, or Driver must immediately report it to the Agency. Whether the Driver is liable or not, a friendly accident report must be provided—except in case of force majeure—within five business days after the Accident and, in any case, before the end of the rental period. The accident report must be legibly completed, usable, and signed by all involved parties. If a report cannot be made, a police or gendarmerie report from the time of the Accident must be provided. If no third party is identified, the Driver must provide an accurate and detailed incident report. Repairs may only be carried out by the Lessor unless otherwise expressly agreed. Failure to comply with these terms or any unusable, inaccurate, or fraudulent declaration (collusive report) makes the Renter, Beneficiary, and Driver jointly liable for the Lessor’s loss.
7.1.2. Financial liability in case of an Accident:
The Renter’s financial liability depends on their compliance with accident reporting obligations, the guarantees and add-ons subscribed under the Agreement, the situations described in Article 6.2 of these General Terms and Conditions, and the liability assessments made by insurers upon review of the claim.
In the event of an Accident and after the claim is processed, the Renter’s financial liability is as follows:
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Zero if they are not liable and insurers attribute full responsibility to an identified third party;
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Limited to the deductible stated in the Agreement if they are liable, or if no third party is identified, even when the Accident caused no damage to the Lessor;
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Full, in the cases listed in Article 6.2 of these General Terms and Conditions, in order to compensate for the Lessor’s loss.
Article 8 – General Provisions
This Contract is governed by French law. If any provision of the Contract is declared null and void pursuant to applicable laws or regulations, or by a court decision with the force of res judicata, all other clauses shall remain valid and fully enforceable. The Lessor reserves the right to amend these general rental conditions, which shall apply to the Contract after informing the Lessee in writing within a reasonable period. In the absence of a written objection from the Lessee, they shall be deemed to have accepted the changes.
8.2. MEDIATION
In the event of a dispute concerning the conclusion, execution or interpretation of the Contract, an amicable resolution shall be sought first. The Lessee shall first submit a claim to the CarGo Customer Service department via the Lessor's Website. A Lessee who qualifies as a consumer may refer the matter free of charge to the MOBILIANS mediator at the following address: 43 bis route de Vaugirard CS 80016 – 92197 MEUDON Cedex – by email at: [email protected] – or on the website www.mediateur-mobilians.fr.
8.3. JURISDICTION
If an amicable resolution cannot be reached, any disputes relating to the conclusion, invoicing, execution, or interpretation of the Contract shall fall under the exclusive jurisdiction of the courts where the Lessor's registered office is located, notwithstanding any third-party claim or multiple defendants.
8.4. PERSONAL DATA & DATA PROTECTION LAW
The Lessee, the Beneficiary and the Driver are informed that the data included in the Contract are collected and processed for the proper execution of the Contract. These data may be subject to automated processing and may be transmitted to public authorities as required by applicable laws and regulations. In accordance with the General Data Protection Regulation (GDPR) No. 2016/679 of April 27, 2016, and the French Data Protection Act No. 78-17 of January 6, 1978, the Lessee, Beneficiary, and Driver have the right to (i) access their personal data, (ii) rectify or (iii) delete them, (iv) restrict processing, and (v) object to the processing of their personal data. They may exercise these rights at any time by sending an email to [email protected] or [email protected], or by postal mail to the Lessor’s registered office, with proof of identity. They are also informed of their right to file a complaint with the CNIL (French Data Protection Authority). These data are retained for 5 years after the end of the business relationship. After this period, the data will be anonymized or deleted. The Lessor’s Privacy Policy is available on its Website: https://mobilite.jeanlain.com/politique-de-confidentialite-et-des-cookies/. In accordance with Articles L223-1 and following of the French Consumer Code, the Lessee, Beneficiary and Driver who qualify as consumers have the right to register on the BLOCTEL list to opt out of telephone solicitations (more information on www.bloctel.gouv.fr).