Le Paradis De La Guadeloupe

GENERAL TERMS OF SALE (VEHICLES)

THE PARADISE OF GUADELOUPE

Our villa tenants will have priority to the rental of vehicles.

By entrusting a vehicle, THE LESSOR agrees to THE TENANT who agrees in return in the general contractual conditions that are set out below.

1 – DEFINITIONS
2 – RENTAL CONDITIONS
3 – USE OF VEHICLE – OFFENCES – RESTRICTIONS ON USE
4 – DURATION OF RENTAL – OUT-OF-DATE
5 – FUEL RENTAL PRICE
6 – CANCELLATION – VEHICLE UNAVAILABILITY
7 – INSURANCE
8 – WARRANTY DEPOSIT
9 – VEHICLE CONDITION – INVENTORY
10 – MAINTENANCE-MECHANICAL PROBLEM
11 – LIABILITY AND GUARANTEES
12 – FORCE MAJEURE
13 – PROCESSING OF PERSONAL DATA
14 – MEANS OF PAYMENT AND TARIFF
15 – vehicle refund 
16 – APPLICABLE LAW AND JURISDICTION

1. Definitions

«The TENANT»: natural or legal person in the name of which the rental contract is drawn up, whose identity appears in the insert «LE PARADIS DE LA GUADELOUPE» of the contract. The natural person or legal representative of the legal person is the main driver.

The tenant will be considered «professional» if he acts for the needs of his professional activity. In this case, specific provisions may apply.

«The LESSOR»: legal entity designated at the head of the rental contract;  

Certain provisions expressly referring to professionals are applicable only to professionals and not to consumers and/ or non-professionals.

2. RENTAL CONDITIONS

2.1 The RENTER must provide his identity, his postal and telephone details and, where applicable, an email, and present to the RENTER at the time of taking the vehicle a valid driving license (original document), corresponding to the type of vehicle rented. If the TENANT is a professional, he must also provide (Extract Kbis or any other official document justifying its legal existence and the quality to contract of the natural person for example a power of the legal person responsible for the legal person, expressly authorizing the rental by the TENANT). If the RENTER holds a driving licence issued by a State outside the European Union, he must present an international driving licence in valid French (original document).

2.2 The driver(s) must be over 18 years of age and have held a valid driver’s licence for at least 3 years (original document). By exception, for vehicles in the light quadricycle category, the LESSEE must be over 16 years of age and, for persons born after 1 January 1988, must hold the BSR (road safety certificate) light quadricycle option, corresponding to the AM category of the driving licence for at least 5 years. The RENTER must not be prohibited from driving any land motor vehicle.

The LESSOR reserves the right to refuse to rent the Vehicle if the LESSEE does not comply with the provisions of these General Conditions and in particular if:

– one of the documents to be supplied is missing or not valid,

-the TENANT cannot satisfy the deposit deposit by bank pre-authorization;

– the TENANT is in a situation of unpaid vis-à-vis the RENTER.

In these cases, the RENTER will have the possibility to keep the sums relating to the reservation already paid by the TENANT.

3. UTILISATION DU VÉHICULE – INFRACTIONS – RESTRICTIONS À L’UTILISATION

3.1 The RENTER must drive the rented vehicle with caution and in accordance with the Highway Code and the regulations in force. It requires increased attention when maneuvering or crossing road infrastructure, during which it will have to take into account the dimensions of the vehicle.

THE RENTER must use the rented vehicle in accordance with its destination (transport of persons for a passenger vehicle and transport of goods for a commercial vehicle). Any use of the vehicle that would prejudice the LESSOR would authorize it to terminate the contract as of right.

3.2 THE RENTER is responsible for the offences committed during the term of the rental and will be liable for all related amounts. It will also be solely liable for the toll and parking fees that the use of the vehicle would have caused. The LESSOR reserves the right to rebill to the LESSEE any amount that would be claimed in relation to the offences committed by the latter, or the costs incurred by his use of the vehicle. The TENANT will be liable, in addition, for a management fee of a fixed amount of 15 euros per report.

3.3 Vehicle Use Restrictions:

-The vehicle must be used only on French territory (Metropolitan France or DROM COM, depending on where the vehicle is picked up), and, in countries for which the International Insurance Card (green card) is valid.

– The vehicle must not be used in excess or for the transport of more persons than the number indicated on the vehicle registration card, or for the carriage of passengers or goods for a fee.

– The vehicle shall not be used in competitions to propel or pull another vehicle.

– The vehicle must not be used for illicit purposes, for learning to drive, or on non-mobile roads, or for transporting dangerous goods.

– The vehicle must not be driven under the influence of ethyl or narcotic or any substance which may affect driving.

– The goods and luggage carried in the vehicle, including their packaging or stowage, must neither deteriorate the vehicle nor expose its occupants to abnormal risks.

– The LESSEE is subject to all legislative, regulatory or customs obligations relating to the transport of goods by means of the vehicle.

– Smoking is not permitted in the rented vehicle.

– When the vehicle is parked, even for a short stop, the LESSEE undertakes to lock the vehicle and use the alarm and/or anti-theft devices fitted to the vehicle. The RENTER must never leave the vehicle unoccupied with the keys inside the vehicle.

4. RENTAL PERIOD - BEYOND

The rental period cannot exceed 30 days. It is calculated in increments of 24 hours or 4 hours 30 for commercial vehicles. The rental ends with the return of the vehicle, its keys and documents in the premises of the LESSOR, during opening hours.

The RENTER undertakes to return the vehicle to the RENTER on the date and time agreed, except to seek the agreement of the RENTER and to regularize a new contract.

Otherwise, beyond 1 hour of delay:

– the TENANT will be charged an additional day of rental for each instalment of delay started and a flat-rate penalty of 50 euros from 24 hours of delay;

– the LESSOR reserves the right to take back the vehicle at any place where it is at the expense of the LESSEE.

If the RENTER wishes to return the vehicle before the term fixed in the contract, it will be up to him to obtain the prior agreement of the RENTER.

5. RENTAL PRICE – FUEL

5.1 The cost of the rental 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 kilometer and an additional day, which will, if applicable, be charged in addition to the TENANT after the return of the vehicle.

5.2 The fuel (or energy) is the responsibility of the RENTER: the vehicle is supplied with full fuel (or energy) and the RENTER must return it in the same condition. Otherwise, the number of litres of fuel (or load level) missing will be charged in accordance with the price scale indicated on the rental contract.

5.3 If the TENANT is a professional in accordance with the provisions of Article L.441-10 of the French Commercial Code, any delay in payment, even partial, will automatically result in the invoicing of a lump sum indemnity not exceeding 40 euros for recovery costs, the application of late payment penalties equal to three (3) times the legal interest rate in force applicable per business day of delay from the day after the due date, until full payment of the invoice.

6. CANCELLATION – VEHICLE UNAVAILABILITY

6.1 Cancellation

The cancellation of a reservation by the TENANT can only be made in writing, under the following conditions:

-made within a period of less than 48 hours before the expected date of availability of the vehicle, the LESSEE will be liable to the LESSOR for a sum equivalent to 30% of the total estimated amount of the rent up to 170 € TTC.

In the event that the estimated cost of the rental has been paid by the TENANT at the time of booking, the sums due by the TENANT for the cancellation will be deducted from the payment made and the balance will be returned to the TENANT within a maximum period of 8 days from the cancellation. In the event that no payment has been made by the TENANT, the cancellation fee will be charged and payable to him within 8 days from the sending of the invoice.

6.2 Unavailability of the vehicle

In case 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 LESSOR will make its best efforts to find another vehicle with at least equal characteristics within the local LOCATION network.

If no alternative is found by the LESSOR, The latter undertakes to refund to the TENANT within a maximum period of 8 days any amount already paid by the TENANT for the reservation and an amount equivalent to 30% of the total amount of the rental up to 170 € TTC compensation.

7. INSURANCES

7.1 All vehicles are covered by a “Multi-risk automobile” policy, in accordance with current regulations. The guarantees covered by this policy and the exclusions are mentioned on a notice given to the tenant. “Insured” means any person whose liability is incurred as a result of the custody or operation of the insured vehicle with the authorization of the LESSOR or the LESSEE. Any RENTER undertakes to participate as insured for the benefit of an automobile insurance policy.

The LESSEE hereby agrees to the said policy and undertakes to comply with its clauses and conditions. In addition, the LESSEE undertakes to take all appropriate measures to protect the interests of the LESSOR and the LESSOR’s insurance company in the event of an accident during the term of this contract and in particular:

– alert the police authorities within 24 hours, excluding public holidays, as from its discovery any theft, act of vandalism or bodily injury,- declare to the RENTER within 24 hours, not including public holidays, as from its discovery any accident, theft, vandalism or fire,- mention in the declaration of loss particularly the circumstances, the names and addresses of possible witnesses, the name and address of the insurance company of the opposing party and the policy number

– attach to this declaration any police report, gendarmerie report, receipt of complaint report, etc., and under no circumstances discuss liability or deal with or deal with third parties in relation to the accident, not abandon the vehicle without taking care to ensure its safety and security. Failure to return the vehicle of an amicable statement of claim or a declaration of accident will result in the total billing of repairs following the loss.

7.2 A trailer not exceeding 750 kg GVW intended to be coupled to the vehicle rented by the LESSEE from the LESSOR, whether or not it belongs to the LESSOR, is considered to be a covered vehicle under the conditions of section 11.2.

The trailer not exceeding 750 kg GVW rented alone by the LESSEE to the LESSOR must be insured under the automobile insurance contract subscribed by the LESSEE.

The trailer exceeding 750 kg GVW leased by the LESSEE to the LESSOR is subject to a specific membership in the automobile insurance policy referred to in section 7.1, in addition to the membership provided for the tractor vehicle when rented with it.

8. SECURITY DEPOSIT

The security deposit is a sum paid through a bank pre-authorization by the RENTER for the benefit of the RENTER, at the latest when the vehicle is made available, in order to guarantee the perfect performance of the obligations placed at its expense.

The RENTER must ensure that the limit of the bank card that will be used for the DEPOSIT GUARANTEE allows the pre-authorization on the day of the availability of the vehicle. In the absence of bank pre-authorization, in accordance with Article 2.3, no vehicle will be made available and no refund of sums already paid will be made.

The amount of the security deposit is indicated on the vehicle rental contract.

In the event that the LESSEE is liable to the LESSOR of sums under the contract, the LESSEE expressly authorizes the LESSOR to withhold the sums due from the security deposit by justifying the amount. In the absence of any amount due by the TENANT to the RENTER, the deposit will be returned to him within a maximum of 8 days from the end of the rental, if necessary in the form of cancellation of the bank pre-authorization given.

If the amount of the sums due to the RENTER exceeds that of the security deposit, an additional claim will be sent to the RENTER by any means.

9. VEHICLE CONDITION – INVENTORY

A «inventory of the premises» sheet is given to the TENANT at the time of the availability of the vehicle. This sheet indicates the descriptive state of the vehicle, as noted by the LESSOR. It is the responsibility of the LESSEE to check the condition of the vehicle with the «inventory of premises» sheet sent by the LESSOR and thus report, before departure, any apparent defect that would not appear in it so that the LESSOR can add it. Otherwise, the LESSOR is deemed to have issued a vehicle in accordance with the description mentioned on the «inventory of premises» sheet and the TENANT has accepted the «inventory of premises» sheet.

The «inventory of fixtures» sheet is established on the return of the vehicle. The return of the vehicle can only be done with a representative of the designated LESSOR and in the presence of the TENANT. If the LESSEE cannot and/or refuses to inspect the vehicle with the designated representative of the LESSOR, the LESSOR is authorized to inspect the vehicle in his absence and record his impossibility or refusal of contradictory inventory.

The vehicle is returned to the RENTER in perfect condition, and must be returned in the same condition. Otherwise, the cost of cleaning may be charged to the TENANT according to a flat rate of 70 euros TTC (except for a converted van: flat rate of 200 euros TTC).

10. MECHANICAL MAINTENANCE-PROBLEM

During the rental and depending on the number of kilometers driven, the TENANT will have to carry out checks on the use of oil, water and other fluid levels, tire pressure, etc., in accordance with normal use of the vehicle. The RENTER will remain vigilant to any signal emitted by the warning lights appearing on the dashboard of the vehicle and will take all necessary precautionary measures, such as the emergency stop.

The vehicle is supplied with tyres that comply with road regulations. In case of deterioration of one of them for a cause other than normal wear, hidden defect or case of force majeure, the TENANT undertakes to replace it immediately and at its expense by an identical tyre of the same type, brand and equal wear. Similarly, the damage caused to the wheels of the vehicle will be the responsibility of the TENANT.

In case of malfunction of the odometer, the TENANT will immediately notify the RENTER. In the event that the malfunction of the meter is related to a fraud of the TENANT, it will be charged a kilometric allowance calculated on the basis of 500 kilometers per day. In case of breakdown immobilizing the vehicle, the LESSEE undertakes to call the assistance service of the LESSOR whose number appears on the rented vehicle and in the general provisions of assistance as well as to notify the LESSOR as soon as possible.

Any transformation or mechanical intervention on the vehicle is prohibited without prior authorization from the LESSOR.

11. ACCOUNTABILITY AND GUARANTEES

11.1 General responsibility of the TENANT

The RENTER is responsible for the vehicle in his custody until the end of the rental contract; as such, he is responsible for damage other than normal wear and tear suffered by the vehicle.

Thus, any costs of restoration or replacement, made necessary by the TENANT, will come in addition to the cost of the rental. These costs will be charged to the RENTER on the basis of a quote established by an independent mechanic and according to the coverage of the claim by the insurance of the RENTER.

In the event that the restitution would require, because of the TENANT, repatriation, the corresponding costs will be charged to the TENANT.

In case of confiscation or sealing of the vehicle, the rental contract may be terminated automatically as soon as the LESSOR is informed by the judicial authorities or by the LESSEE.

In case of theft, the rental contract is stopped upon transmission to the LESSOR of the complaint made by the LESSEE to the competent authorities.

In case of accident requiring the immobilization of the vehicle, the rental contract is stopped as soon as transmission to the RENTER of the amicable statement duly completed by the TENANT and the possible third party.

In case of damage or theft, the RENTER must transmit to the RENTER, the accident report or the receipt of declaration of theft delivered by the authorities, as well as the keys and papers of the vehicle, within a maximum of 5 days from the occurrence of the event or the date on which he became aware of the event except for the TENANT to demonstrate that the non-return of the keys is due to a cause not attributable to him or to a case of force majeure.

For the purposes of this section 11, the following terms are defined as follows:

  • «DAMAGE»: any damage to the vehicle including glass breakage, including optics, mirrors and headlights;

  • «DEDUCTIBLE»: amount remaining at the expense of the TENANT as being not guaranteed by the insurer (in particular: in the event of damage without an identified third party, in the absence of recourse against an identified third party or damage attributable to the TENANT as well as in the event of theft).

11-2 Liability

From the RENTER covered by the RENTER’s insurance

The RENTER is responsible for claims covered by the RENTER’s insurance company mentioned in the notice given to the RENTER, including in particular:                                                         

– any damage to the upper parts of the bodywork, bodywork and visible mechanical parts. 

For the invisible parts of the vehicle (oil pan, engine, exhaust, etc.) that are damaged, the fault of the RENTER may also be sought.

Subject to the provisions of article 3-3, in the event of theft, the RENTER is covered by the insurance company of the RENTER subject to compliance with the conditions hereof and provided that the keys are returned, On-board documents of the vehicle and the flight complaint certificate provided by the competent authorities.

In the event of a responsible loss, loss without an identified third party or without the possibility of recourse against an identified third party, in the event of theft, subject to the provisions of Article 3-3, as well as in the event of damage to the vehicle, the RENTER will then be liable for the deductible mentioned on the insurance notice given to the RENTER and applied per claim.

In the event of a claim with an identified third party, the deductible will also apply per claim.

This deductible or these deductibles in case of multiple claims during the same contract, will also apply (a) for damages caused to third parties even in the absence of damage to the vehicle.

For each claim, the amount of the deductible will be charged to the TENANT upon the end of the rental on the basis of proof produced by the RENTER and will be attributable to the amount of the security deposit, subject to the application of article 11.4 hereof.

11.3 Liability of the RENTER not covered by the insurance of the RENTER

The tenant will be held responsible for the interior damage of the vehicle caused voluntarily or unintentionally (breakage of accessories, burns by cigarettes, deterioration by the goods transported, their packaging or stowage, etc.), except to the TENANT to provide proof of his absence of fault.

The RENTER will be held responsible for any loss, theft or damage caused to any goods and values carried or left by him or any other person on or in the vehicle during the rental period or after the return of the vehicle.  All costs of repair of the vehicle following a fault of the TENANT, will come in addition to the cost of the rental and will be charged to the TENANT.

The responsibility of the RENTER may not be sought for any loss or damage caused by the RENTER or any third party by the loading or unloading of the vehicle including damage caused by or to a door or liftgate of the vehicle. Failure to comply with any of the obligations expressly stipulated in articles 2, 3 and 4 of these General Conditions will result in the forfeiture of the contractual guarantees and will deprive the LESSEE of any coverage by the insurance of the LESSOR.

The vehicle is insured only for the duration of the rental indicated on the rental contract. After this period, the RENTER declines all responsibility for accidents that the TENANT could have caused and which he will have to do his personal business.

The RENTER will be responsible for all claims not covered by the insurance of the RENTER under the conditions of common law liability.

All repair costs attributable to the TENANT will be at its expense and will come in addition to the cost of the rental. The sums due under this article will be invoiced to him as soon as the end of the rental on the basis of proof produced by the LESSOR, and will be deducted from the amount of the security deposit or will be claimed in addition to the security deposit in the event that its amount is insufficient.

11-4 Additional Protection

The LESSOR may offer the LESSEE an option to limit the amount of the deductible (optional Partial Redemption Franchise contract). In this case, the subscription by the TENANT, of this option when signing the rental contract, allows to reduce the amount that will be claimed under article 11-2 as a refund of the deductible. This option to limit the deductible amount applies only once, for a single damage during the term of the contract. The other damages will be applied a full deductible per damage if there is no causal link between the damages.

12. FORCE MAJEURE

The performance of the obligations incumbent on each party hereunder may be suspended by the occurrence of an event constituting force majeure.

A force majeure event is any event beyond the control of one of the parties, which could not reasonably have been foreseen at the time of the 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 immediately inform the other party in writing of the foreseeable duration and consequences of the event constituting force majeure. The parties will then have to meet to consider the consequences of the situation and strive to reach an acceptable solution to allow the fulfillment of the present. The performance of the obligations will resume its normal course as soon as the event constituting force majeure has ceased.

13. TRAITEMENT DES DONNÉES PERSONNELLES

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 a right of opposition and limitation to all data concerning you. Where the processing is based on consent, you may withdraw your consent at any time.

You may at any time exercise your right of appeal to the Competent Authority for the Protection of Personal Data (CNIL).

For more information on this treatment, please consult the dedicated web page.

14. Means of payment VEHICULE rental payment

  1. Payment at the counter: The payment of the estimated amount of the rental will be required when taking the vehicle. It can be done by credit card, cash, transfer.

  2. 30.00 € per day, unlimited mileage for our villa tenants, an additional 7 euro per day for a rental period of 1 to 4 days.

    Included in the rates are:

    Third party liability and accident insurance.

    Not included in rates:

    The incompressible deductible in case of accident (except if the option “total redemption of accident deductible” was subscribed) or theft (attention: the non-return of the keys of the vehicle, following the theft of the latter will result in the billing of the market value of it).
    Supplementary insurance for drivers and passengers (PAI).
    The fuel.
    Deterioration of tires, rims and punctures.
    Damage under the vehicle.
    The loss of the keys.
    Towing costs except in case of breakdown.
    VAT in force.

15. Vehicle Return

The vehicle must be returned with the full tank. Otherwise we will charge you the price of the missing fuel at the applicable rate. The vehicle must be returned clean inside and outside or cleaning fee of 50 euros will be charged.

 Any vehicle returned outside opening hours remains the responsibility of the tenant. The time of return of the vehicle to close the contract and determine.

16. SETTLEMENT OF DISPUTES

These General Conditions of Sale are governed by the law of the country of the establishment without impeding any mandatory protective provisions applicable in the country of residence of consumers. However, in case of dispute, the court of the domicile of the Landlord will have sole jurisdiction, that is to this day the Court of Basse Terre. This contract and its consequences are subject to French law.

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

DOMAIN «PARADISE OF GUADELOUPE»

416 route de la Grande Plaine 97116 POINTE NOIRE, Guadeloupe

https://www.leparadisdelaguadeloupe.com

E-mail :   pascal.ancelet@orange.fr

Phone : 06 20 30 53 28

30.00 € per day, unlimited mileage for our villa tenants an extra 7 euro per day for a rental period of 1 to 4 days.