July 2022 version
ARTICLE 1: GENERAL PROVISIONS
These General Rental Terms and Conditions (GRT) shall govern all rentals under the EUROPCAR brand granted by GTM LOCATION, hereafter referred to as the “Lessor”, in the territory of French Guiana to its customers hereafter referred to as the “Customer”. The Customer acknowledges that it fully and unreservedly accepts application of those General Rental Terms and Conditions.
During rental, the Customer is fully responsible of the vehicle. The Customer shall be in a position to provide all documents required to complete his or her contract, such as name and address, date of issue of his or her driving licence and credit card number.
Driving licence shall always be shown whenever a vehicle is rented. The Customer or any driver designated in the contract shall be older than 21 years of age and have held a valid driving licence for more than one year. If the driver is younger than 25 years old, a surcharge shall be applied.
Please note that the rental of certain categories of vehicles requires particular payment instruments and is subject to minimum age conditions. The reservation and the security deposit must be made in the name of the driver. Unless the "additional driver" option is subscribed to, the Customer is the only driver authorized to drive the rented vehicle The Customer is the only one authorized to sign the contract and make changes to the rental contract.
ARTICLE 2: PICKUP AND RETURN OF VEHICLE
The vehicle shall be made available for the Customer at one of the Lessor's rental offices. It shall be returned to the Lessor's personnel at the location, date and time stipulated in the contract, and during rental office business hours. In the event that the Customer is authorised to return the vehicle elsewhere than at one of the Lessor's rental offices, the Customer shall remain responsible for the vehicle until it has been turned over to the Lessor.
The Customer shall not be authorised to deliver the vehicle elsewhere than at the rental office provided for during his or her contract. If the Customer returns the vehicle at a location neither provided for nor authorised by the Lessor in his or her contract, the Customer will have to paid a penalty fee of 80 € for abandoning the vehicle, as well as a fee to cover the cost of recovering the vehicle, amount which will depend of the place, time and day of recovery.
Whenever a vehicle is returned outside the business hours and after the closing time displayed at the rental offices, particularly due to delayed flights, the Customer shall be charged an additional "off business hours" pickup or return fee of 35 € including VAT once the contract ended.
Besides it is absolutely forbidden to take vehicles out of the rental territory even to a bordering island. If necessary, the Customer will be deprived of contractual insurance.
ARTICLE 3: CONDITION OF VEHICLE
A description of the vehicle is attached to the Customer's contract. Only an employee of the Lessor shall be authorised to fill out the form describing the initial condition of the rented vehicle. If this is not done, the Lessor shall be deemed to have provided a vehicle in accordance with the description. The Lessor may therefore decide not to take account of claims with regard to patent damage not pointed out at the moment of departure. The Customer shall take the vehicle in the condition in which he or she has received it. All repair costs occasioned by the Customer's fault or in the absence of a fault on the part of an identified third party, shall be added to the cost of the rental, subject to the provisions in the section "Insurance and Additional Damage Waivers". The Lessor agrees to provide a vehicle from a particular category, not a particular model or make.
Vehicles shall be returned in the same state of cleanliness as when it was picked up. If a vehicle is excessively dirty on return (animal hair, sand, mud, stained seats, markings, etc.), the Customer shall be billed for any necessary cleaning and repair in accordance with the scale of the relevant experts.
The vehicle is provided with tyres whose condition and number reflect traffic regulations. The Customer shall pay for any damage to or theft of tyres, hubcaps, dowels, tyre accessories, flat tyres and fuel.
In the event that the keys are lost and/or damaged (humidity, damage after having been dropped, etc.), towing costs, a copy of the key and resetting the antitheft device shall be paid by the Customer, regardless of his or her insurance package.
Additional equipment can be provided to the customer which customer will have to pay for at our desk. Those equipment (GPS, SAT NAV, baby seats, baby boosters, trolley) are giving to the customer in perfect conditions and shall therefore been return and the exact same conditions. They will be checked when the vehicle returns. In case of deterioration or missing element, a deductible will be applied*.
ARTICLE 4: INSURANCE EXCLUSIONS
At the risk of insurance exclusion, the renter agrees to ensure that the vehicle is not used:
- by other persons than himself or herself or those approved by the Lessor, for whom he or she shall be answerable pursuant to Article 1384 of the Civil Code.
- by a driver under the influence of alcohol or substances that modify the reflexes necessary for driving,
- to push, pull or tow any other vehicle,
- in competitions,
- for rental to other parties,
- to transport passengers for a financial consideration,
- to transport more passengers than authorised or to load a weight exceeding the carrying capacity of said vehicle,
- to give driving lessons,
- to transport dangerous goods (inflammables or explosives) or goods emitting bad smells,
- to be transported on board a ship, ferry, etc.
Moreover, the Customer may in no event assign, sell, mortgage or pledge this contract, the vehicle, its equipment or tool kit, nor handle or treat them in any way that could harm the Lessor.
The Customer shall be subject to all legislative, regulatory and customs obligations and all other laws on the transportation of goods in the vehicle supplied by the Lessor, whether public or private transportation, depending upon the Customer's use of the vehicle. The Customer shall remain responsible during the entire period in which the vehicle is put at his or her disposal.
The Customer shall have sole responsibility for all declarations and the payment of all duties and taxes imposed on goods traffic (customs, excise, administration, etc.)
ARTICLE 5: RENTAL
A security deposit in credit card (CB, VISA, EUROCARD, AMEX) will be claimed from the Customer when picking up the vehicle. The amount of this security deposit depends on the category of the rented vehicle. It is indicated in the price lists of the Lessor and, at the start of the rental, on the contract. It is intended to cover the damage suffered by the Lessor as a result of damage and/or theft of the vehicle,this does not exempt the Customer from paying directly any sum for which he would be liable and even if these sums exceeded the amount of said security deposit. This security deposit will take the form of a bank pre-authorization subject to the rules of banking law including a blocking of the sum on the Customer's account without debit, authorization of direct debit by the Lessor valid for a period of thirty days.The credit card used must imperatively be in the name and surname of the Customer and complies with the requirements of Article 14 hereof. The lack of availability of the amount allocated to the security deposit will justify the Lessor's refusal to hand over the vehicle to the Customer, as well as the termination of the rental contract. A proof of address of less than three months (EDF-GDF receipt, telephone bill or Carte Vitale certificate) is required for any rental.It is agreed between the parties that this security deposit will remain with the Lessor in the event of damage attributable to the Customer or in the absence of fault of a third party and in the event of theft of the vehicle (unless the contractual guarantees set out above apply) and up to the amount of the damage suffered. The Lessor may also - which the Customer already authorizes - withdraw from this security deposit any sums that the Customer would be liable to the Lessor or to any person,authority, administration including in particular fuel costs, repair, maintenance, fine; even after the vehicle has been returned, as soon as the debt originates during the rental by the Customer. If the amount of the security deposit is insufficient to cover these sums, the Customer undertakes to ensure payment, on first request, to the Lessor or to whom it is entitled.
5.1. Prepayment - Extension: The payment of the rental will be made prior to the taking of the vehicle by the Customer or at the latest when taking possession in the agency. Under no circumstances can the initial payment be used for a rental extension. If the Customer wishes to keep his vehicle for a longer period than initially agreed, the Customer must return to one of the Lessor's agencies to carry out a new contract corresponding to the new period.The rate applied will be based on the public rate in force, without benefit of insurance and deductible reduction that the Customer could have subscribed. In the event of non-return of the vehicle by the Renter on the contractually agreed dates and places and in the event of retention of the vehicle by the Renter beyond the contractual period without a new rental contract governing the extension, the Customer will be exposed to legal proceedings.He will also be deprived of all insurance and will be liable for penalties per day of delay in addition to the amount of the additional day due.
When returning the vehicle, the Customer undertakes to pay the Lessor:
- the sums due relating to the duration of the rental at the rate in force,
- the penalties applicable to each day of delay,
- the amount of supplementary insurance coverage and other optional services subscribed by the Customer at the beginning or during rental,
- all sums due in respect of infringements committed by him against the legislation relating to traffic and parking.
The amount of any balance of the invoice due by the Customer in respect of the aforementioned elements will be automatically debited from the account corresponding to the card presented unless the Customer presents another means of payment accepted by the Lessor. The Customer already accepts the debit on this same account of the amount of the non-redeemable deductible and any other costs that would be related to the vehicle, its rental or the use that will have been made by the Renter (fuel, repair, tickets, ...).
ARTICLE 6: RESPONSIBILITY OF BANK CARD HOLDER OR ISSUER OF A TRAVEL VOUCHER OR ORDER FORM
When rental is granted on presentation of a bank card, a travel voucher or an order form, the Lessor shall invoice the issuer of the travel voucher or the order form, who shall be responsible under the contractual provisions:
- for the use of the rented vehicle,
- payment of the rental and all related expenses,
- and who shall remain responsible for any extension of the rental or disappearance of the vehicle.
ARTICLE 7: RESERVATION GUARANTEE AND NO-SHOW
The reservation is guaranteed up to 1 hour after the arrival time recorded in the file. Beyond this, the reserved category may not be honored. In the event of an upgrade, the Tenant will then be liable for the price difference with the reserved category. No compensation will be granted in the event of downgrading.
For the arrangements made available at the Airport, in the event of a plane delay, the reservation will be maintained 1 hour after the actual arrival time if the flight number has been clearly specified when validating the file.
In the event that the Renter presents himself at the Agency of the Lessor beyond one hour after the time of reservation, the Lessor reserves the right as the case may be:
▪ to rent the vehicle again and to offer the Customer another vehicle, of the same or different category in the event that the reserved vehicle is no longer available, or
▪ to cancel the contract without reimbursement of the sums collected, as compensation, due to the immobilization of the vehicle.
ARTICLE 8: CANCELLATION OF RESERVATION BY CUSTOMER
The Customer may cancel his or her reservation under the following conditions:
- In the case of cancellation at least 30 days before the scheduled starting date of the rental, the Customer shall be repaid the amount of his or her rental, less cancellation costs of 50 €;
- In the case of cancellation from 29 to 15 days before the scheduled starting date of the rental, the Customer shall be repaid the amount of his or her rental, less cancellation costs corresponding to 75% of the total amount of the reservation, and in any event not less than 50 €;
- In the case of cancellation from 14 to 3 days before the scheduled starting date of the rental, the Customer shall be repaid the amount of his or her rental, less cancellation costs corresponding to 50% of the total amount of the reservation, and in any event not less than 50 €;
In the absence of subscription of the cancellation service by the Customer, no refund will be made by the Lessor for a cancellation made by the Renter less than 3 days before the date of pick-up of the vehicle.
If the Lessor is forced to cancel the Customer's reservation due to the unavailability of the reserved vehicle, the Lessor undertakes to offer a vehicle of similar or higher category. If the Lessor cannot offer the Customer another vehicle during the rental period selected by the Customer, the Lessor undertakes to reimburse the Customer in full.
ARTICLE 9: EARLY RETURN
In case of early return of the vehicle, the rental amount will be recalculated according to the number of days actually used and the options subscribed.
The reimbursement will be calculated on the basis of the difference between the amount paid by the Tenant at the start of the rental and the amount of the actual rental. A penalty of 70% will be retained on the difference.
The reimbursement will be made by check within 30 days after the return of the vehicle.
For all prepaid rentals, this clause does not apply. If the vehicle is returned before the scheduled end of rental date, unused days will not be reimbursed. The Tenant must then refer to the special conditions of sale linked to the service purchased.
ARTICLE 10: INSURANCE AND ADDITIONAL DAMAGE WAIVERS
All our vehicles are covered by an insurance policy as follows:
- “third party liability”, in accordance with the regulations in force, as well as the following optional additional protection:
-CDW (partial redemption of deductible in the event of damage to the rented vehicle),
-THW (partial redemption of deductible in the event of the complete theft of the rented vehicle),
-PAI (protection of driver and transported persons),
The Customer may consult the details of these options, their scope and exclusions in the explanatory document of the insurance and additional protection available to the Customer at the Lessor's agency and on its website
As such, the Customer undertakes in particular to:
- declare to the Lessor within two working days (excluding public holidays) from the discovery of the accident any accident, damage or fire and immediately alert the police authorities for any theft or personal injury. This claim declaration period is also 2 working days in the event of theft of the vehicle.
- mention in the claim particularly the circumstances, the names and address of any witnesses, the name and address of the insurance company of the opposing party, as well as the policy number.
- attach to this declaration all police, gendarmerie reports, receipt for a complaint, etc.
- under no circumstances discuss liability or deal with or compromise with third parties in relation to the accident.
- do not abandon the said vehicle without taking care to ensure its safety and security.
Material damage and / or theft of the vehicle remains the responsibility of the Renter up to a deductible, the amount of which varies with the category of the vehicle.
If the Renter accepts these additional covers at the current rates, the non-waivable excess shall apply in the case of a claim. If the renter declines these covers, the total excess currently in force shall apply in the case of a claim.
However, even if the Customer has agreed to pay one or more additional covers to lower excess, he or she shall remain fully liable for all damage to the upper parts of the coachwork due to collision with a fixed or mobile body (bridge, tunnel, porch, tree branch, other overhanging objects, etc.).
The same shall apply to damage to coachwork and the mechanical parts underneath the vehicle (front-wheel axle unit, oil sump, rocker panel etc.) The Customer shall have full financial liability for all damage to the vehicle caused by uses for which the vehicle was not designed or by off-road use, even if the Customer has accepted the additional cover to lower excess. The Customer shall also remain fully liable for all damage caused by water (rain, sea, etc.) due to the Customer's negligence (dangerous crossing of flooded areas, parking at an open location, parking at a location with flood risk) and any theft of or damage to accessories and broken glass.
In the event that the keys are lost and/or damaged (humidity, damage after having been dropped, etc.), towing costs, a copy of the key and resetting the antitheft device shall be paid by the Customer, regardless of his or her insurance package.
If the amount of the damage to the vehicle is less than the non-waivable excess, the Lessor shall repay the Customer the difference between these amounts. The amount of damage shall be the financial value of the loss suffered by the Lessor due to the damage to, destruction of or theft of the vehicle rented by the Customer. Consequently, any sum claimed by the Lessor for damage to the rented Vehicle, as estimated by an adjuster, is to be considered compensation for repair costs, adjustment costs, towing costs, the cost of Vehicle Downtime amounting to 40 €excluding taxes and administrative and processing costs, amounting to 50 € excluding taxes. If no repairs have been made, the Customer shall owe the estimated amount of their cost as compensation for the loss of market value of the vehicle.
Please note that in the case of an accident where the circumstances are related to the Customer's non-compliance with the Traffic code, negligence of the Customer or driving in a state of intoxication or illicit substance, the Lessor will be entitled to claim from the Customer at fault all compensation and damage suffered by third parties notwithstanding any additional protection subscribed by the Customer.
In the event that the vehicle is declared economically irreparable to the faults of the Renter, the Lessor will invoice the customer the amount of the VRADE (replacement value to be said expert) as well as the ancillary damages suffered by the Lessor because of the loss of the vehicle (the costs of recirculation, the costs of expertise, the early repayment of the loan).
The VRADE and the ancillary damages will be invoiced as follows to the Customer:
If the customer has not taken out any additional protection with the Lessor, the Lessor will invoice the entire VRADE and related damages to the Customer for reimbursement by the Customer or his insurer. The Customer undertakes in this case to communicate to the Lessor within two working days of the occurrence of the claim the contact details of his insurer.
If the Customer has subscribed to an additional protection covering damage to the vehicle, the Lessor may only claim from the Customer the amount of the deductible related to the supplement subscribed. In any case, the Customer will remain fully responsible for all damage caused to the upper and lower parts of the vehicle regardless of the additional protection subscribed in accordance with Article 10 hereof.
ARTICLE 11: FUEL
Fuel shall be paid by the Customer. If the vehicle is returned with less than fuel than on delivery, the cost of topping up the vehicle shall be invoiced in addition to the cost of the missing fuel, at the rates stipulated in the price list at the Lessor's rental offices.
ARTICLE 12: MAINTENANCE AND REPAIRS
During the rental, the Customer undertakes to use the vehicle reasonably. In particular, the Customer undertakes to take all necessary protective measures to keep the Vehicle in the same condition in which he took possession of it. The Customer is liable to the Lessor for any detrimental consequences arising from a breach of maintenance obligations. The must inform the Lessor of any alert or defect of the vehicle as soon as possible so that theLessor to carry out the necessary repairs. Any modification of the Vehicle or any mechanical intervention carried out on it is prohibited without the prior authorization of the Lessor. Otherwise, the Customer will bear the duly justified costs of restoring the Vehicle to its original condition.
ARTICLE 13: LIABILITY
The Customer remains solely responsible under Articles L.121-1 and L.121-2 of the Traffic Code, for fines, tickets, and minutes. He is also responsible for customs proceedings against him. Consequently, he undertakes to reimburse the Lessor for any costs of this nature that may be paid in his place. In accordance with the principle of the personality of penalties, the Customer is responsible for offences committed during the rental period. Thus, the Customer is informed that his contact details may be communicated to the competent authorities who would make the request and he will be liable for a processing fee of 30 euros including VAT. The Customer must check that he does not forget any personal effects within the vehicle. The Lessor cannot be held responsible for loss or damage to the goods left on board the vehicle, whether during or after the rental period.
ARTICLE 14: DURATION OF CONTRACT-TERMINATION
The rental is granted for a fixed period and specified on the front of this contract. If the vehicle is not returned to the Lessor by the agreed deadline, in the absence of agreement for a possible extension, the Lessor will apply Article 5.2 hereof. Rental days are charged in twenty-four hours. On the day of the return of the vehicle at the end of the rental contract, beyond a tolerance of 30 minutes of delay an additional day will be charged to the Customer at the current rental rate.
Failure by the Tenant to comply with the rental conditions will result in the termination of the rental without prejudice to the damages that may be, if any, claimed by the Lessor.
ARTICLE 15: MEDIATION
In the event of a dispute, the Customer will first contact GTM LOCATION Customer Service to resolve it amicably. If this process fails, the client can use the online mediation service of the CMAP (Centre de Médiation et d'Arbitrage de Paris) accessible at the URL address: http://www.cmap.fr/ or at the postal address: CMAP (Consumer Mediation Service) - 39 avenue Franklin D. Roosevelt - 75008 Paris or by email at consommation@cmap.fr and reachable by phone at 0144951140.
For the referral to the CMAP to be admissible, the latter must contain: Your postal, email and telephone details as well as the name and full address of our company, a brief statement of the facts, and proof of the prior steps taken.
For the referral to the CMAP to be admissible, it must include: Your postal, email and telephone details as well as the full name and address of our company, a brief statement of the facts, and proof of the preliminary steps taken. In accordance with the rules applicable to mediation, it is recalled that a consumer dispute must be entrusted in advance in writing to GTM LOCATION’s Customer Service before any request for mediation to the CMAP.
ARTICLE 16: JURISDICTION
In the event of a dispute relating to the performance of this contract, the Customer may bring an action before the court of his place of residence at the time of the conclusion of the contract or of the harmful event, that of the place of residence of the defendant, or that of the place of delivery of the thing.
ARTICLE 17: OPPOSITION TO TELEPHONE CANVASSING
The Customer who does not wish to be the subject of commercial prospecting by telephone may register free of charge on a list of opposition to telephone canvassing, in application of Article L.223-1 of the Consumer Code.
ARTICLE 18: DATA PROCESSING AND PRIVACY
The data concerning the Client, requested during the rental, are compulsory; otherwise the sale cannot be concluded. These data are processed by the Lessor, responsible for processing, and intended for the management of the commercial relationship (rental contract, invoicing, management of tickets and claims, management of customer accounts, satisfaction survey, opinion on products / services, geolocation...). Subject to obtaining the prior and express consent of the Customer, this data can also be used to carry out commercial prospecting actions on the part of the Seller and / or its partners.
I refuse to allow GTM LOCATION to offer me products like those I have already ordered.
In accordance with the regulations in force, the Customer can access his data or request its erasure. The Customer also has a right of opposition, a right of rectification, a right to limit the processing of his data, a right to the portability of his data as well as the right to define directives relating to the comes out of his personal data after his death. For more information on the management of the Customer's personal data by the Seller or on the exercise of his rights, the Customer is invited to consult the Privacy Policy available at the reception, in store, or on the website or on request at dpo@gbh.fr.
Signature of the Client (accompanied by the words "Read and approved"):
At : The :
When you validate your file online, you will have to pay for the entirety of your reservation (rental + options or additional guarantees) on our secure site.
Upon your arrival in French Guiana, you can however complete your choices by subscribing to additional rental options when you write your rental contract. By accepting the present General Conditions, you expressly authorize Europcar French Guiana to debit your credit card for the total amount of the voucher (= the amount of the rental for the chosen category and dates, the various taxes, including VAT, as well as the selected options).
After validation of your file online, you will receive your voucher with a nominal value, summarizing the details of your reservation. This document must be presented when picking up the vehicle.
Payment in Agency
By choosing the payment method "payment in agency", a deposit of 20% of the amount of the reservation of the vehicle will be requested in order to validate your reservation.
In case of cancellation of your reservation, the deposit will not be refunded.
NB: The Europcar Promo and Partner Codes are only valid for online payments and do not apply to payments in the agency.
Cancellation-Modification Insurance
In order to ensure the most flexible modification or cancellation conditions possible in case of unforeseen circumstances, Europcar French Guiana offers you an optional guarantee, sold exclusively online. Thus, the "Modification/Cancellation" insurance allows you to make changes, even late, with complete peace of mind. Note that this guarantee applies only to prepaid packages on the europcar-guyana.com website and cannot be subscribed to after the reservation has been validated. The conditions of application are detailed below.
Modification of the reservation with online payment
As reservations cannot be modified online, any request for change must be sent by e-mail to the Europcar French Guiana Reservation Center (reservation@europcar-guyane.com). However, these changes are subject to conditions:
If you have subscribed to the "Cancellation/Change" Insurance, you will be able to modify your reservation until the last minute.
If the amount of the modified reservation is higher than the amount of the initial reservation, you will have to pay the difference when validating the modification.
If the amount of the modified reservation is less than the amount of the initial reservation, the difference will be reimbursed to you by check, after your file has been processed by our accounting services, at the end of the rental period.
If you have not subscribed to the "Cancellation/Modification" insurance, you can modify your reservation up to 72 hours before the date and time scheduled to pick up the vehicle. After this time, no changes will be possible.
In addition,
If the amount of the modified reservation is higher than the amount of the initial reservation, you will have to pay the difference when validating the modification.
If the amount of the modified reservation is lower than the amount of the initial reservation, no refund or compensation will be granted.
Please note that no modification can be made AFTER the scheduled pick-up date and time and no compensation will be granted, even if you have taken out "Cancellation/Modification" insurance.
Cancellation of the reservation with online payment
It is not possible to cancel a reservation online. To cancel a reservation, you must send an email to the Europcar French Guiana Reservation Center (reservation@europcar-guyane.com) specifying the references of the reservation. You will then receive a message informing you that your request has been taken into account. However, cancellations are subject to conditions:
If you have taken out "Cancellation/Change" insurance, you can cancel your reservation up to the last minute.
The total prepaid amount (minus the "Cancellation/Change" insurance) will be refunded to you by check, after your file has been processed by our accounting department.
If you have not taken out "Cancellation/Change" insurance, you may cancel your reservation under the following conditions:
Cancellation on or after D-30*: full refund of the prepaid amount, less a handling fee (50 € incl. VAT)
Cancellation between D-29* and D-15*: refund of 50% of the prepaid total
Cancellation between D-14* and D-3*: refund of 25% of the prepaid total
Cancellation between D-2* and D*: no refund
Please note, however, that no cancellation can be made AFTER the scheduled pick-up date and time and no compensation will be given, even if the "Cancellation/Change" insurance is purchased. (* from the date and time of pick-up as stipulated on the prepaid reservation)
Reservation guarantee
Your reservation is guaranteed until the scheduled pick-up time, plus a 30-minute tolerance period. We therefore invite you to be as precise as possible in indicating your arrival time and to detail your flight number, for any rental made from our airport agency. For pick-ups from this agency, the reservation is guaranteed until one hour after the arrival time specified in your reservation, if the flight number has been correctly entered. Please note, however, that if you arrive outside of normal business hours, a "late arrival" surcharge will apply.
No show
The reservation is guaranteed until the scheduled pick-up time with a 30-minute grace period (60 minutes at the airport). After this grace period, you will be considered as a "NO SHOW" and the reservation will be automatically cancelled. In this case, the cancellation conditions detailed in paragraph 4-C will apply.
Early return
If you decide to shorten your rental and return the vehicle before the scheduled end of the rental, the unused days will not be refunded.
In our constant concern to provide you with the most complete information possible and to ensure that you have a peaceful trip on the Europcar French Guiana network, we invite you to read the General Conditions of Insurance and additional protection. You can download them in PDF format by clicking here
Our company GTM LOCATION, Limited Liability Company with a capital of 510.000 €, whose head office is located C.C. Matoury - RN 1 - Zone artisanale Terca - 97351 Matoury, registered at the RCS of Cayenne under the number SIREN 403 180 748, has for activity the car rental which includes the following services: "
The insurance that we include in our rental service because we are required by law [I-General Conditions of Compulsory Civil Liability]; and
The protections that we offer because we want to be able to give you peace of mind during your rental *II-General Conditions of the Additional Protection].
These mandatory insurance and protection products are designed to cover your potential financial exposure to risks if any of the following circumstances occur while you are renting and using one of our Vehicles. Without them, you will be personally liable for the financial consequences resulting from a :
Third Party Liability: For bodily injury or death to third parties or damage to their property that occurs as a result of an accident or incident for which you are responsible. Damage to third party property could include buildings or their contents, machinery or personal effects. The financial consequences of such liability may include the cost of any business interruption resulting from the third party's injury or death and/or damage to their property.
Damage to the Vehicle or theft of the Vehicle: The Vehicle itself may be damaged as a result of a collision or attempted theft and may need repair or may be damaged beyond repair; or it may be stolen and not recovered.
You should be aware that if you are the driver of the Vehicle at the time of a collision and you are responsible for the collision that occurs, injured Passengers will be covered by our Third Party Liability insurance while your own injuries (and potential consequences thereof) or death will not be covered. However, you can be protected in these circumstances if you separately purchase one of the coverages provided by our Personal Accident Insurance coverage.
For the purposes of this document, we have given the terms and expressions listed below the following meanings: Abnormal Use means that the use of the Vehicle while in your custody does not comply with applicable traffic regulations and/or does not comply with the provisions of the Terms and Conditions of Rental and/or the standards of use and conduct that are expected of a reasonable and prudent driver. Accident Report means a comprehensive report (including any other attached documents) that relates to an accident or incident as it occurred (e.g. how it happened, the nature of the damage to the Vehicle, the location of the incident, the dates and circumstances in which it occurred and the contact details of the third party(ies) involved and/or potential witnesses if any). Bodily injury means any physical or mental harm to a person that results directly from an accident; excluding intentional, self-inflicted or resulting from illness or disability. Expert's Opinion Value means the value of a Vehicle as appraised by an independent expert, prior to its depreciation as a result of damage caused by you or a third party. Market value of the Vehicle means the market value of the Vehicle based on its last known condition, model, age, mileage and options. Collision means the contact of the Vehicle with a body, or an object whether fixed or mobile. Deductible is the maximum amount that, subject to compliance with the Terms and Conditions of Rental and in the absence of any serious breach of applicable law, will be charged to you for the cost of any damage to the Vehicle resulting from a collision or attempted theft of the Vehicle, or for the loss of the Vehicle if it has become irreparable or if we fail to recover it as a result of theft. The Deductible is a non-redeemable amount that applies according to the terms of the coverage you have purchased Rental Terms means the document that you acknowledge having read and accepted when you signed your rental agreement and which defines the mutual rights and obligations that apply to both you and us during the rental period. Immobilization means the loss suffered by us in the event that we are unable to rent the Vehicle to another customer because, as a result of damage during the rental period, we must remove it from service. Passenger means any person other than the driver who is carried or travelling in the Vehicle free of charge. A Passenger shall be considered a Third Party for the purposes of the compulsory Third Party Liability insurance. Protection in this document applies to the means by which your financial responsibility for any damage to or loss of a Vehicle is limited to a non-redeemable Deductible. Third Party means any party to an accident or incident - other than the driver of the Vehicle. For the avoidance of doubt, a Passenger is deemed to be a Third Party. Third Party Liability Insurance means insurance that covers the compulsory liability of the driver of a Vehicle to third parties for damage to their property, bodily injury or death arising out of an accident occurring while you were driving the Vehicle. This coverage is a legal requirement and is therefore an integral part of our rental service. Its cost is included in the rental fee. Vehicle means the vehicle you rent from us or drive with our permission.
We are required by the laws of the countries in which we provide rental services to insure our Vehicles for Third Party Liability. This insurance is automatically included in our vehicle rental services. You are therefore automatically covered to the level legally required in the country in which you rent the Vehicle for the consequences that others may suffer as a direct result of your actions while driving the Vehicle.
What am I insured against?
As required by law, you are insured against the following financial consequences that may result from an incident or accident caused by you while driving the Vehicle:
Any bodily injury or death suffered by Third Parties;
Any damage to property suffered by Third Parties and losses and costs arising from such damage;
What is excluded?
Third Party Liability insurance does not include :
Any bodily injury or death you (the driver at the time of the collision) may suffer; or
Any damage to your property and personal effects being transported; or
Any damage to the Vehicle
What is my financial exposure under Third Party Liability?
Provided you have not committed a serious violation of applicable laws (including all applicable traffic laws), you are insured against the financial consequences to third parties that may result from an incident or accident caused by you while operating the Vehicle up to the level locally required by applicable law. However, if you have not complied with these laws and/or regulations, you may still be required to reimburse all or part of the costs incurred by the insurer in respect of the incident or accident.
How to inform us?
When the circumstances involve Third Parties, it is important that you complete and sign an accident report with your best efforts which will provide us with full details of both the incident or accident and the Third Party. This will allow us to defend our position against the Third Party (if you are responsible for the incident or accident) or to recover costs from the Third Party (if the Third Party is responsible for the incident or accident). The accident report must be sent to us within 5 working days of the incident or accident or as soon as possible under the circumstances.
Our Collision Damage Waiver limits your financial exposure for damage to the Vehicle while it is in your care. If you choose our standard Collision Damage Protection and subject to compliance with the law and our Terms and Conditions of Rental, you will be exempt from the cost of those damages to the Vehicle that exceed the Deductible amount. You may reduce or eliminate the Deductible by electing our Superior Collision Damage Coverage instead of our standard coverage. This coverage does not cover loss or theft of, or damage to, objects or property (including Luggage or merchandise) which are deposited, kept or carried in or on the Vehicle by you or a Passenger.
What am I covered for? (CDW)
This product limits your financial exposure for any amount in excess of the Deductible for the cost of damage to the Vehicle, or repair of the Vehicle or its appraised value if it is beyond repair, under the following circumstances
you collide with a fixed or moving object or body; or
the Vehicle is vandalized while being driven or operated by you; or
a window, headlights or reflectors are damaged or broken or tires are damaged or punctured as a result of a collision.
Natural Disaster: You will be covered for damage resulting directly from an event that qualifies as a natural disaster according to the legal definition in effect. The deductible provided for by the regulations in force will therefore be applied.
What is excluded from coverage ? (CDW)
You remain financially responsible for the full cost of damage to the Vehicle, if such damage is caused :
By intentional acts of the driver; or
By explosion or fire occurring in (or against) the Vehicle because you are using it to transport dangerous goods (dangerous goods being any product or substance which, by reason of its nature and/or principal characteristics, is reasonably believed to be hazardous and which, without transportation arranged with due care and safety, is likely to cause damage to the Vehicle and harm to a Third Party within a reasonable distance of it); or
By its theft or partial theft or by an act of vandalism while the Vehicle is parked without your presence;
By your negligence (defined as conduct that does not meet the standards expected of a reasonably prudent person in similar circumstances) or the negligence of your Passengers (for example, but not limited to, an incident caused by the use or involvement of cigarettes or cigars);
Because the keys are lost or stolen. Also excluded from this coverage is the loss of or damage to your own property while it is being carried or stored in or on the Vehicle during the rental.
In addition, even if you have agreed to pay one or more deductible reduction supplements, you will remain fully responsible for all damage caused to the upper parts of the body as a result of impact with a fixed or moving body (bridge, tunnel, porch, tree branch, falling coconuts, other overhanging objects, etc.). The same applies to damage to the bodywork and mechanical parts located under the vehicle (front axle, oil pan, corrosion due to the vehicle's passage through salt water, etc.). Any damage to the vehicle resulting from use not foreseen by the manufacturer or outside of paved roads, will result in your total financial responsibility.
What do I need to do to get coverage ? (CDW)
You must:
Subscribe to this coverage ;
comply with our Terms and Conditions of Rental and all applicable traffic laws and regulations during the rental period;
Notify Us within 24 hours of the date of the incident and, in any event, before the end of Your rental period. You must also return a completed Accident Report to us within 5 days of the incident, and/or any other documentation you feel would be helpful to support it.
What is the amount of my financial exposure ? (CDW)
If during your rental the Vehicle is damaged and you have not purchased this coverage, you will be responsible for the full cost of the damage as well as compensation for its immobilization. The amount of the damage is the financial value of the loss suffered by the Renter due to the damage, destruction or theft of the rented vehicle by the Customer. Consequently, any amount claimed by the Renter for damage affecting the rented vehicle is an indemnity corresponding to the amount, estimated by an expert, of the cost of repairs to be considered, as well as the costs of expertise, towing costs, immobilization costs and file processing costs. However, if you have subscribed to the CDW protection and subject to compliance with our General Terms and Conditions of Rental and the laws and regulations in force in terms of road traffic, the maximum that you may have to pay us will correspond to the amount of the Deductible and the administrative costs of processing the file (see the Tariff Guide available at the agency counter and accessible on the website http://www.europcar-guyane.com).
Our theft protection limits your financial exposure for loss of the Vehicle if it is stolen or for damage caused by attempted theft during your rental while the Vehicle is parked without your presence. If you have elected this coverage, subject to compliance with our Terms and Conditions of Rental, we will pay the costs resulting from the theft or attempted theft that exceed the Deductible. You can reduce or eliminate the Deductible by choosing our superior theft protection package instead of our standard coverage.
What am I covered for ? (THW)
This product limits your financial exposure to any amount in excess of the Deductible for the cost of damage to the Vehicle or repair of the Vehicle or its Appraised Value if it is beyond repair or its market value if it is not recovered, under the following circumstances:
theft of the Vehicle;
attempted theft of the Vehicle;
What is excluded from coverage ? (THW)
This product does not cover you in the following circumstances:
If the Vehicle is stolen or damaged due to your negligence or specifically (but not limited to) leaving the keys in the Vehicle while it was unattended or in the care of an unauthorized person, your failure to properly use the anti-theft device, any failure to return the keys to us, or if you left the Vehicle unlocked when you were not using it.
Theft or damage to personal and/or business effects and any property carried in or on the Vehicle.
Theft or attempted theft of accessories such as the radio, antenna, hubcaps, mirrors and tires.
What do I have to do to benefit from the protection ? (THW)
You must:
purchase this coverage;
comply with our General Terms and Conditions of Rental as they apply to theft or attempted theft of the Vehicle;
inform us, through the departure agency, within 24 hours of becoming aware of the disappearance of the Vehicle and send the keys to the agency where you picked up the Vehicle.
inform the local police of any incident or event within two days of the event, and send us the police report or proof that the report was made to the police;
What is my financial exposure ? (THW)
If, during your rental, the Vehicle is stolen or damaged as a result of an attempted theft while the Vehicle is parked and unattended and you have not purchased this coverage, then you will be fully liable for the full cost of the damage to the Vehicle (if the Vehicle is recovered) or the Market Value of the Vehicle if it is not recovered, as well as an immobilization benefit based on the daily rental rate under your contract multiplied by the number of days the Vehicle was stolen. If you subscribe to the protection against theft and subject to compliance with our General Terms and Conditions of Rental, the maximum that you may have to pay us will correspond to the amount of the Deductible and the administrative costs of processing the file (see the Tariff Guide available at the agency counter and accessible on the website http://www.europcar-guyane.com). You may, of course, include any other document you feel is useful to support your Accident Report.
You benefit, during the agreed rental period at no extra cost, from a breakdown and assistance service related to the use of the vehicle.
Breakdowns or misfuelling due to the customer, breakage or loss of the Vehicle's keys, battery breakdowns as well as punctures and/or tire damage are excluded from the free service and will be invoiced at a flat rate.
Our Assistance Plus coverage limits your financial exposure to the lump sum amounts due in the above circumstances. If you opt for our Assistance Plus protection and subject to compliance with the law and our General Terms and Conditions of Rental, you will be exempted from these sums in return for a fixed cost per rental day (see the Tariff Guide available at the agency counter and accessible on the website http://www.europcar-guyane.com).
What am I covered for ?
This product limits your financial exposure to the lump sums charged by us for our breakdown and assistance services in the event of
Fuel breakdowns or errors
Punctures and/or damage to tires
Breakage or loss of the Vehicle's keys
Battery failure (discharged battery)
What is excluded from the protection ?
Engine failure as a result of fuel failure or misfuelling is not covered under this protection product. You are not covered under the Assistance Plus coverage for the administrative costs of processing the file.
What is my financial exposure?
For a fixed amount per day of rental subject to compliance with our General Terms and Conditions of Rental, you will be exempted from the flat-rate fees that we may have to charge you in the cases mentioned above in case of intervention of our breakdown service and assistance.
What do I have to do to benefit from the Protection ?
You must :
subscribe to this protection,
respect our General Terms and Conditions of Rental and all applicable traffic laws and regulations during your rental.
In the event of any of the above circumstances you must contact our breakdown and assistance service on 0594 39 39 39.
We automatically include in our rental services, Personal Accident Protection (PAI) insurance which does not cover bodily injury to the person driving the Vehicle at the time of the collision.
If you are the cause of a collision while driving the Vehicle, you will not be covered by the insurer of the rented Vehicle, nor by the insurer of a third party for the financial consequences of bodily injury or death.
In order to minimize your financial exposure to death or injury in these circumstances, we offer Personal Accident Protection (PAI), which you may purchase to cover medical expenses incurred as a result of injuries sustained; and/or a lump sum payment in the event of disability or death as a result of a covered event or accident.
What am I covered for ? (PAI)
Under this coverage, you will be reimbursed for the following financial consequences of your death or bodily injury sustained as a direct result of a collision while driving the Vehicle:
A lump sum payment of up to €9150: In the event of your death (or presumed death) within 24 months of the occurrence of the collision or loss or in the event of permanent partial or total disability directly attributable to the collision or loss
Medical expenses up to a maximum of €1525 (which includes hospitalization, consultations and pharmaceutical expenses; X-rays and appropriate medical tests; dental treatment or any prosthesis) caused by a collision or an event covered under the policy
Provided you have purchased this coverage, it will apply to you and/or any Passengers in the Vehicle who are victims of the collision that occurs during your rental period.
You are eligible for this coverage regardless of who is at fault for the collision in the following situations:
1. Passengers who are still considered third parties under the Third Party Liability policy may be compensated by the Third Party Liability insurance
2. If you are not the cause of the collision while driving the Vehicle (a non-at-fault driver) you may be compensated by the Third Party Liability insurance, but you may also receive the lump sum compensation to which you are entitled under the personal accident protection
3. If you are the cause of the collision while driving the Vehicle (an "at-fault driver"), you will not be eligible for Third Party Liability compensation but you may be eligible for the lump sum compensation you are entitled to under Personal Accident Protection.
What is mainly excluded from the coverage ? (PAI)
Personal Accident Protection (PAI) does not cover:
Any of the costs set forth above when the incurrence of the expense is not directly attributable to the collision or loss occurring while the Vehicle was under your control or when you intentionally cause or induce the accident or collision; or
Costs related to treatment you were receiving or conditions you had prior to the occurrence of the accident or collision; or
Damage to or loss of your Baggage; or
Any damage to the Vehicle.
What is the amount of my financial exposure? (PAI)
Subject to compliance with applicable law (including applicable traffic regulations and in particular, compliance with seat belt requirements and the maximum number of seats regularly provided for in the manufacturer's specifications for the rented vehicle) you will be covered up to the maximum amounts defined above. However, if you have not complied with the legislation and/or regulations in force, our insurer may refuse the benefit of the coverage in its entirety. For example, if 7 people are injured in a vehicle designed for 5 people, the Personal Accident coverage will not apply. On the other hand, if it can be shown that you were even partially responsible for the intensity of the bodily injury suffered during the collision or the loss, the compensation due under this coverage may be reduced.
How do you notify us ? (PAI)
It is important that you make every effort to properly complete and sign the Incident Report form. This form allows us to obtain all the detailed information about the claim and to ensure that your report is handled as efficiently as possible. The Incident Report form must be sent to us within 5 business days of the occurrence of the collision or insured event.
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