Rental conditions

Purpose of the Terms

The purpose of these Conditions is to define the conditions under which :

– The Hirer grants to the Hirer, who accepts it, a rental of the Vehicle;
– The Hirer agrees to pay the contractual fee;
– The obligations and responsibilities of the Parties.

Contractual documents

The Contract is formed between the Parties by the following contractual documents, presented in hierarchical order of decreasing legal value:

– The Contract with the Special Conditions;
– The present General Conditions and its appendices, which form an indivisible whole;
– Any appendices attached to the Contract.

In the event of contradiction between one or more provisions contained in the above-mentioned documents, the document of higher rank shall prevail.

Renter, main driver and additional driver

The Rental Agreement allows the Rental of a Vehicle in the European Union, for any Hirer meeting the following conditions:

Be legally entitled to enter into a Contract with the Renter;
Be expressly designated and fully identified in the Rental Agreement as the main or additional driver;
Have a valid identity document (national identity card or passport);
Be at least eighteen years old (twenty-five years old depending on the Vehicle) and have a valid driver’s license (for more than three years depending on the Vehicle) issued by a member country of the European Economic Area;
If applicable, have an international license accompanied by a copy of a national driving license.

Any person not expressly named and/or identified in the Rental Agreement is not authorized to drive the vehicle. Driving the rented vehicle by an unauthorized person is a violation of these terms and conditions of rental and the Renter shall be responsible for all consequences thereof, including litigation and claims and forfeiture of coverage. If the Vehicle is driven by any person not named in the Agreement, the Hirer shall be subject to an additional driver charge.

The Vehicle rental is concluded for the duration indicated on the Contract. It can only be extended under the conditions described in article 5.3 of the general terms and conditions.

No rental can be less than 24 hours from Monday to Thursday and 72 hours from Friday to Sunday (unless otherwise agreed). No daily rental is possible on weekends (except by tacit agreement). No rental can exceed 30 days.

Tenant shall comply with the following obligations:

With respect to driving

– Not drive the Vehicle outside of the Rental Territory specified in the Conditions;
– Drive the Vehicle in compliance with all applicable traffic laws and regulations and follow all applicable local driving rules;
– Not drive under the influence of alcohol, drugs or any other substance that may impair driving;
– Be aware of the size or gauge of the Vehicle. Any misjudgment of size causing damage to the Vehicle will result in the exclusion of liability limitations;
– Park only in authorized parking spaces (the Hirer shall be responsible for any impoundment fees).

In terms of vehicle maintenance and safety

– Return the Vehicle, its keys, documents and accessories in accordance with the conditions set forth herein;
– Ensure that the luggage and goods carried in the Vehicle are sufficiently secured so as not to damage the Vehicle or injure the passengers;
– Maintain the Vehicle with the utmost care and, under all circumstances, ensure that it is locked and protected when parked or left unattended;
– Provide the Vehicle with the proper fuel. If the wrong fuel is supplied, the Hirer will be liable for the cost of repairing the damage;
– Check the oil and water levels;
– Checking the tire pressure;
– Take care of the Vehicle according to the warning lights on the dashboard and according to the manufacturer’s maintenance booklet;
– If the Vehicle is parked, do not leave personal belongings visible and ensure that it is locked;
– Do not smoke inside the Vehicle;
– Do not bring animals on board the Vehicle without the prior written consent of the Renter.

Payment of charges

– Pay the Rental Rate and Additional Charges;
– Pay any fees due for the parking of the Vehicle or report to JO’S CAR any technical difficulties encountered in paying a fee and, if applicable, provide proof of the technical impossibility of payment. In the event of technical impossibility of payment reported to the Renter, the Renter will be invoiced for the outstanding parking fees that would have reached JO’S CAR corresponding to the period of rental of the Vehicle. If no report has been sent to the Hirer, the Hirer shall be liable to the Hirer for any parking fees, post-parking fees and fines that may be claimed from him/her as well as the administrative costs of managing the fines;
– To pay any fees due for fines. JO’S CAR will not be responsible for any traffic fines. The Renter will be invoiced by JO’S CAR for any fine – as well as any administrative costs – that may be requested of him/her and that correspond to the duration of the rental of the Vehicle by the Renter. JO’S CAR reserves the right to inform the competent authorities of the details of the Tenant in the event of receiving a fine for the period of rental of the Vehicle not paid by the Tenant.

Prohibitions

The Hirer is prohibited from:

– Lease, mortgage, pledge, sell or hypothecate the Vehicle and its accessories and equipment;
– Use the Vehicle to transport passengers for hire or for carpooling purposes;
– Carry more passengers than the limit indicated on the vehicle registration document;
– Carry flammable, dangerous, toxic, harmful and/or radioactive goods;
– Transporting goods whose weight, quantity or volume exceeds the indications on the registration document;
– Carrying out races, rallies, track sessions, competitions or off-roading; Carrying live animals (or pets and/or domestic animals for which prior authorization from the Renter is required);
– To give driving lessons or to carry out accompanied driving;
– Use the Vehicle to push or pull another vehicle, caravan or trailer;
– Drive on roads that are not passable or where the condition of the Vehicle is unsafe and the Vehicle is not suitable for such roads;
– Transporting the Vehicle on boats, ships, trains, trucks or airplanes, unless expressly authorized in writing by the Renter. Any damage occurring during transportation will be charged to the Hirer.

Any use of the Vehicle contrary to this article shall render the Hirer liable for direct and indirect damages, costs and legal fees resulting therefrom and may result in forfeiture of the warranty.

Modification and cancellation of the reservation

Any modification of a reservation must be requested from the Hirer at least 72 hours before the date of pick-up of the Vehicle indicated at the time of reservation. This modification will only be accepted by the Renter subject to the availability of the Vehicle.

In the event that a change is not possible, the Hirer may request a refund of the full rental price up to 72 hours prior to the pick-up date of the Vehicle.

After this period, any cancellation of a reservation will result in the retention by the Renter of 50% of the total amount of the reservation.

JO’S CAR reserves the right to cancel the rental, without refunding the amount paid, if the Hirer does not show up within twenty-four hours of the agreed pick-up date and time, or if on the day of the pick-up, the Hirer does not present the requested documents as indicated in art. 2 of the general terms and conditions, or if he/she does not meet the rental criteria, or for any contravention by the Hirer (see general terms and conditions). If the Tenant does not show up on the day of pick-up, no refund of the Rental Price can be made to the Tenant.

Force majeure

The Hirer shall not be held responsible for cancellation of the reservation or failure to pick up the Vehicle if this is due to force majeure. Force majeure occurs when an event beyond the control of the Hirer, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of the rental contract. It is the responsibility of the Tenant to demonstrate the elements of force majeure. Strikes, delays or cancellations of the means of transport are not considered as force majeure.

Weather

No reservation can be cancelled after 72 hours from the date of reservation even in case of bad weather. During the reservation period, the Hirer shall not be entitled to a refund in the event of adverse weather conditions preventing the use of the Vehicle, which the Hirer expressly accepts.