Sales Terms
ART. 1 – DURATION-EXTENSION:
The renting of a vehicle is concluded for a definite period explicitly stated in the contract. The extension of the rental period shall take effect only if an additional clause is signed between the renter and AVIS before the date of expiration of the contract .By keeping a rented vehicle abusively, the renter is liable to be sued and loses the benefits of the contract. The renter must bring the car back to the departure station otherwise he will pay an extra charge. The renter shall also incur the penalties stated under Art.7 and Art. 13.f.
ART. 2 – WEEKLY TECHNICAL CONTROL:
The renter agrees to bring the rented vehicle to AVIS each week for a free technical control. AVIS reserves the right, to replace or exchange the customer vehicle if it has to be immobilized or if the control should last longer than forty-five minutes. Not complying with his agreement may engage the renter’s liability for any damage caused by a technical failure.
ART. 3 – RECEPTION OF THE VEHICLE – RESERVES:
The renter hereby acknowledges having taken over the vehicle in perfect running condition and in a perfect state of cleanliness, operation and maintenance. He agrees to report without delay any defect he may notice, otherwise he may be held responsible, after expertise, for damage caused by its aggravation in using of a defective vehicle. The transport of animals is prohibited and Avis reserves the right to charge a cleaning fee if the vehicle requires thorough cleaning.
ART. 4 – LIABILITY FOR EQUIPMENT:
The rented vehicle is equipped with all its accessories in working order. The renter is fully responsible for their disappearance or deterioration, and if necessary their replacement at cost price.
In addition , are not included in our rates:
Fuel
Travel expenses incurred for a puncture or the provision of double keys at customer demand.
tickets, fines and impoundment charges
Tires, punctures, bursting, tearing, bent rims
accessories damaged or stolen including seat burn, loss of vehicle key, wet key when swimming etc …
Rock bottom shocks the costs incurred in the event of immobilization of the vehicle in the event that the driver’s liability is engaged
ART 5 – MINIMUM DAILY RATE:
Renting is available for periods of 24 hours, with a margin of 45 minutes for the return. Overtime is billed on the basis of 1/3 of the daily rate excluding taxes. Beyond 3 extra hours, a full day will be charged
ART 6 – FUEL
Fuel replenishment of the tank is entirely at the charge of the renter. When taking over the vehicle, the quantity of fuel is indicated in the contract. The client shall return the vehicle with the same quantity of fuel.
If the vehicle is returned with less fuel the difference will be billed to the client at the rate in effect at AVIS. In case of return of the vehicle with a surplus of fuel, the difference will be a loss for the tenant.
ART. 7 – PENALTY CLAUSE:
In case of non-compliance with Art 1, the renter will be liable to AVIS for compensation equal to the amount of the daily fee per late day plus a penalty of 20% of the amount due for the days late. Any scheduled discounts will be removed. Similarly in case of AVIS should take legal action to obtain the payment for rental price or for the repairs due by the renter , the renter would be would be entitled to a lump-sum indemnity of 30% of the amounts regularly claimed, even though no result of a formal notice to pay by registered letter or a command.
Article 8: Cancellation fees:
At the booking stage: the vehicle has not yet been delivered
10% cancellation fee on any reservation after payment of any part of the renta
No refunds:
For any cancellation less than 48 hours before pick-up time
In the event that the client arrives at the agency without presenting his valid driving license
In case the customer shows up with an invalid credit card for the rental or if the card does not have the available funds required for the deposit
For current rentals: There is no refund for unused days, in case of reduction of the rental period, late check or early return of the rental vehicle
Cases of force majeure: For cancellations officially recognized as cases of force majeure (death, accident, hospitalization )AVIS does not charge any fees.
ART. 9 – SCOPE OF THE COVERAGE
The rented vehicle is authorized to circulate ONLY on the lanes opened to the motor traffic, public or private only of the islands of Moorea and Tahiti. It is also forbidden to drive in a rental vehicle in the roads serving the waterfalls and valleys. (Ex: the road called “Pineapple Road” of Moorea, and the Road of the valley of the MAROTO of TAHITI, Mount MARAU etc.), or any other unpaved road in bad condition. Any failure to comply with these particular instructions implies the total responsibility of the renter in case of damage to the vehicle and cancels any insurance taken out at the start. The rented vehicle is insured in the general conditions of guarantee of vehicles without driver, and the special conditions referred to in the insurance policy that can be consulted at the AVIS office.
SPECIAL PROVISIONS FOR THE RENT OF 4×4 VEHICLES:
These vehicles are allowed to circulate on the road of the Maroto Valley, provided that this way is not closed for exceptional climatic events, at the expense of the renter to inquire before engaging in it. The rental of these vehicles remains subject to acceptance and compliance with these general rental conditions (see art.13)
The main elements of the insurance contract are recalled below.
ART 10 – INSURANCE COVERAGE
Two types of guarantees are provided. There is also the possibility, for a daily premium, to buy back additional guarantees under specific conditions (Article 11).
Damages caused to others (Third party insurance): The rented vehicle is insured for damage that the tenant could cause to another person in an accident. It being understood that the damage caused to the renter himself and to the rented vehicle are excluded from warranty. Fines and other consequences of the renter’s criminal liability remain at the renter’s expense
Damages to the rented vehicle, with deductible: This warranty covers car rental damages that the renter could cause, following theft, broken windows, explosion, fire or accident with a deductible. The amount of the deductible is determined according to the type of vehicle and the age of the driver at the start of the contract. Subject to compliance with Art11 and exclusions of guarantee of Art 13.
11 – CATEGORIES OF DRIVERS AND TERMS OF COVERAGE:
The renter must be over 21 years old and holder of the driving license at least for 1 year. He must also hold a credit card or provide sufficient financial guarantees.
Drivers are classified into 4 categories:
Category 1: Drivers aged 21 to 22: Third-party insurance only
Category 2: Drivers between the ages of 23 and 24 and licensed between 1 and 2 years old: third-party insurance and damage guarantee with young driver’s deductible
Category 3: Drivers aged 25 to 69 and over 2 years of license: Third-party insurance and damage guarantee with deductible.
Category 4: Drivers over 70: Third-party insurance and damage guarantee with deductible. For French Polynesia resident :revalidation of compulsory driving license by a recognized organization. For tourists, crossing French Polynesia: the copy of the return air ticket, and the passport will be requested.
ART 12 – REPORTING OF ACCIDENT
Any renter who does not comply with this obligation shall be deemed responsible for all damages and consequences. The renter is, also, fully responsible should he or she fail to present a formal accident report duly filled in and signed by the third party, in case of an accident involving someone else. AVIS shall keep the deposit, which is in the amount of the deductible, until the final decision of the insurance companies concerning the driver’s responsibility. Only then, and only if the renter’s responsibility in the accident is released, a partial or full reimbursement of the amount of the deposit will be effected to the account of the renter. Failure to present a formal accident report duly signed shall engage a charge to the renter and that even in the case of subscription to the SCDW. In case of accident, Avis will treat a damage file report. Fees of 3000 cfp will be asked to customer even in case of SCDW and SCDW PLUS insurance subscription (art.15)
Any damage caused to the rented vehicle must be the subject of an accident report; the renter must report IMMEDIATELY to the nearest AVIS office, except in the following two cases: hospitalization or detention by the police. In both cases, the renter is required to report at the end of his detention or hospitalization.
The renter who does not comply with this obligation is held responsible for damages and their consequences.
In the same way the responsibility of the renter is fully committed if it does not provide any statement duly filled and signed by the opposite party, in case of accident with a third person.
In case of a dispute of liability, AVIS reserves the right to charge an additional billing within the framework of a distance sale or to cash the deposit which is equal to the amount of the franchise indicated on the contract until what his insurance company has defined the final liability rate. Therefore a partial or total refund of the franchise may be made to the benefit of the renter.
Failure to submit the accident report will result in non-presentation fees billed to the renter, even in the event of a subscription to the SCDW (see section 14). In the event of an incident, Avis will constitute a file. An administrative fixed fee of 3,000 Cfp will be billed to the customer, even if subscribing to the SCDW and SCDW PLUS supplementary insurance (Article 14).
ART 13 – EXCLUSIONS OF LIABILITY COVERAGE
In addition to the exclusions specified in the “Standard Terms” of the policy held in the AVIS offices, the renter civil liability is fully engaged in the following circumstances, which exclude any guarantee in the damage caused:
a) Intentionally, maliciously or inexcusably.
b) Damages caused in particular in the event of river crossing, penetration into sea water, sinking, overturning of the vehicle, driving on roads not suitable for urban vehicles, failure to report the vehicle for the weekly technical control.
c) Damages caused by driving under the influence of alcohol or after the use of narcotics as well as damages caused by any passenger having provoked them under the influence of such a condition.
d) Caused in the event that the vehicle is stolen when AVIS is unable to obtain the car in case of theft of the vehicle if renter is unable to immediately present the keys to the vehicle.
e) When the vehicle has been transferred to a third party not designated in the rental contract
f) In the event of improper retention of the vehicle, especially when the renter did not show up at the offices of AVIS for an extension of his rental contract.
g) In the event of damage to the roof due to the non-use of specific equipment such as racks, roof bar
h) In the event of damage under the vehicle and under the rocker
Article 14: SCDW and SCDW PLUS
The SCDW and SCDW Plus are optional insurance offerings, for an additional daily premium and allow the purchase of a franchise. These options are available only for Category 3 and 4 drivers. (See Art.11)
The SCDW covers damage to the rented vehicle, including damage to the bodywork, broken windows, punctures.
SCDW insurance does not cover damage to wheels, torn tires, under and inside the vehicle, towing costs or damage caused by willful or gross negligence, damage to the locks and loss of vehicle key
It DOES NOT COVER fuel, contraventions and / or fines.
SCDW PLUS insurance extends the SCDW insurance to support tires and rims. Those options are further subject to compliance with Clauses 9, 11, 12 and the exclusions of warranty of Clause 13.
Article 15: GUARANTEE and RESPONSIBILITY
Any person who is surety is held responsible in the same way as the main renter and undertakes for the benefit of the company AVIS to satisfy all the obligations of the renter without benefit of discussion for the payment of the total due to AVIS by the renter. It is also subject to the respect and the total acceptance of the said general rental conditions.
Article 16: CONTRAVENTIONS
The customer is held responsible for the payment of the contraventions in case of infringement of the traffic law code. The non-presentation of the contravention on car return may lead to an additional billing of the amount of the tickets plus administrative management fees.
Article 17: SUPPLEMENTARY INVOICING
AVIS reserves the right to additional billing within 30 days of the closing date of the rental agreement. This additional billing comes in the context of distance selling. This additional billing will occur in the following cases:Invoicing of the franchise in this case where it could not be obtained at the time of the return of the vehicle, billing of expenses related to the rental when the payment of these could not be obtained during the restitution of the vehicle, billing of the totality of the damages in the case of a non-respect of the general conditions of renting, exclusions of guarantee, as defined in the general conditions of renting, if the company AVIS considers that a thorough check of the vehicle is necessary or when the return of the vehicle could not be done within the time necessary to carry out the inventory in the best conditions.
Article 18: TRACKER GPS DEVICE
Some vehicles have a system of real-time geolocation of vehicles; these are identified on your rental agreement next to the model of the vehicle linked to the registration by the mention “TRACKER GPS” or “GPS TRACKER”. This on-board device allows the company AVIS to facilitate assistance to vehicles, allow management of thefts, breakdowns and accidents suffered by vehicles by determining the geographical position of the vehicle.By signing the rental agreement, the renter acknowledges having been informed of the installation of the aircraft and accepts the terms and the use to be made by the company AVIS
The recipients of this treatment are the services of AVIS and its subcontractor in charge of the implementation of the geolocation system
In the event of disassembly of the GPS or manipulation of its system by customer, AVIS reserves the right to carry out an additional invoicing including all the expenses inherent to the restoration of the device.In case of delay in the actual payment of the rent, the company AVIS reserves the right to demand the payment of late payment interest, calculated monthly, on the basis of the legal rate, plus the sums due, and if necessary of to be reimbursed, in addition, by the tenant, all bank charges and / or recovery costs incurred, all without prejudice to his right to terminate the contract. the renter acknowledges having been informed that in case of delay, and this, from the first unpaid, that the Company AVIS reserves the right to use the GPS Tracker to make the vehicle unusable and proceed to its seizure on the place where he will be. The renter cannot claim any remission, extension or reduction of the rent, nor to cancellation or damages from the company AVIS in connection with this seizure, resulting from his financial incapacity to honor his contract. In addition, the tenant will bear all costs inherent in the delay and seizure fees by a third party (collection agency and / or tug). AVIS, undertakes to respect the privacy of the customer and to protect his personal data. GPS Tracker data is served every 30 days.
Article 19: TREATMENT OF PERSONAL DATA
In the context of this contract, we are brought as data controller to collect personal data of the Customer (the person named in the rental agreement, the drivers and any person making a payment for the rental) for several purposes:
– To provide you with the rental services, which includes the possibility for us to carry out the relevant controls in terms of identity, security, driving license.
-To allow us to bill our services.
-To allow us to manage the claims.
-To ensure the safety of our fleet and record that the vehicle has left the rental location or has been returned to us. This purpose responds to a legitimate interest.
The data collected is identification data: surname, first name, address, telephone number, copy of driver’s license, banking data and location data by our GPS plotters.
The data collected for the execution of the contract are kept for the duration necessary for the execution of the contract, the invoicing and the duration of the possible guarantees, then they will be archived during 7 years as from the extinction of the contractual obligations, except if:
- A longer shelf life is allowed or imposed by a legal or regulatory provision;
- The client has exercised, under the conditions set out below, one of the rights granted him by law.
These provisions do not apply to GPS tracker related data, which is automatically deleted after 30 days.
Access to personal data will be limited to the data controller’s employees, who are authorized to treat them by reason of their duties.
However, the information collected may be communicated to third parties linked to the firm by contract and located within the EU territory, and outside the EU territory for the performance of subcontracted tasks, or for the purposes of processing your booking through the booking system. This information may also be disclosed to third parties such as police and pay parking managers, in case of infringement or to investigate accidents and theft. Being here specified that if we were led to transfer data to subsequent subcontractors located outside the EU territory the written and specific authorization of the Customer would be solicited prior to any such transfer. In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as modified by the law n ° 2004-801 of August 6, 2004, and by the European Regulation n ° 2016 / .679 of April 27th, 2016. The Customer has a right of access, rectification, erasure, and portability of the data concerning him, as well as the right to oppose the treatment for legitimate motive, rights that he may exercise by contacting the controller at the mailing address of: Direction AVIS, 56 rue des Remparts, PO Box 4466 PAPEETE 98713 French Polynesia, enclosing a proof of his valid identity. The customer has the right to file a complaint with the National Commission for Data Processing and Freedoms (CNIL).
Article 20: JURISDICTION
Any dispute in this contract shall be brought before the competent court of French Polynesia.
The renter acknowledges having read the general conditions
By signing the rental agreement , the renter acknowledges having read the AVIS terms and conditions of rental and accepts the terms.