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Terms of the Rental Agreement

The Rental agreement is between the Owner of the vehicle and the Tenant hereinafter referred to, individually the TENANT and the OWNER, and collectively the PARTIES. The PARTIES expressly agree and acknowledge that CARSONAR SAS, hereinafter the OPERATOR, connects the PARTIES, but is not, either directly or indirectly, Party to this contract. The OPERATOR can perform checks on the vehicle, the Owner and the Tenant according to the quality charter displayed on https://www.carnomise.com. These checks do not completely secure against rental risks.

The PARTIES to this Agreement therefore undertake that the OPERATOR is not responsible, neither directly nor indirectly, for any litigation or damage arising from the conclusion or performance of this Agreement.

1) TENANT's liability

The TENANT must comply with the following requirements to use the services offered by THE OPERATOR:

  • be at least twenty-one (21) years old
  • hold a driving license valid on the French territory since at least 2 years;
  • hold a valid credit card with his/her name on
  • not have had an at-fault accident with aggravating circumstances over the last 36 months
  • not have had withdrawal of license over the last 36 months
  • not have been suffered refusal or termination of any car insurance policy over the last 5 years
  • be medically fit to drive.

Before any vehicle rental, the TENANT shall present the following documents to the OPERATOR:

  • driver's driving license, as well as additional driver's license if applicable;
  • valid ID
  • payment card with the TENANT's name on it.

The TENANT is responsible for the vehicle for which he/she has custody. He/she, and the second driver if registered in the contract, is the only people allowed to drive the vehicle. He/she/they declare having adequate clearances, permits, and legal capacity to use the vehicle and undertake to present all evidence in this respect to the OPERATOR.

The TENANT undertakes to use the vehicle in due diligence, and not to drive under the influence of alcohol or any illicit substance. He/she undertakes to observe traffic regulations and to lock the vehicle when not driving. As the depositary of the vehicle he/she is liable for breaches of the Highway Code and damages caused to the vehicle until keys are returned and a return report on vehicle's condition is established. Any refusal to perform the return report leads to the acceptance by the TENANT of any damage noticed in his/her absence and therefore invoiced to him/her.

The TENANT undertakes to return the vehicle in the state and condition recorded at the beginning of the rental, together with all its accessories, board documents, instructions and user manuals, that he/she shall replace at his/her own expense in the event of destruction, loss or theft.

The TENANT undertakes not to smoke inside the vehicle and enforce this rule to all passengers of the vehicle. The transport of pets is only allowed for pets up to 20kg and provided to remove any relic before returning the vehicle (hair, smell, etc.).

The TENANT undertakes to return the vehicle to the agreed place and at the time stated on the front of this Agreement and to inform the OPERATOR at the shortest of any event preventing the return of the vehicle at the agreed dates and times. Failure to return the vehicle and / or keys is a diversion liable to prosecution.

Any assignment or subrent of the vehicle and its use for transport activities for a fee is prohibited.

The TENANT agrees not to travel outside the following territories: France, Germany, Belgium, Luxembourg, Switzerland, Italy, Spain, Portugal, and United Kingdom. Unless otherwise stated in the Rental Agreement, only the TENANT is authorized to drive the rented vehicle.

It is possible to add an additional driver provided that he/she fulfills the requirements for accessing the OPERATOR's service as mentioned herein Rental Terms and Conditions and that his/her identity is registered with the Rental Agreement.

In any event, the Tenant agrees not to allow anyone driving the vehicle other than the person stated on the Rental Agreement as additional driver when picking-up the vehicle.

2) Payment and Security Deposit

The TENANT agrees to pay any amount due under the rent (rent, penalties, security deposit, etc.).

Before picking-up the car, the TENANT must pay a deposit (Deposit) by credit card imprint. The Deposit will be charged at the end of the rent for any reason described below. The Deposit covers any repair of the vehicle and its accessories, penalties, expert fees, franchise insurance, administration fees and any money coming in compensation for damages caused to the Owner or CARNOMISE.

In the event that repairs or damage to the vehicle are over 870 €, penalties, administrative and expertise fees are due in addition to the amount of the Security Deposit.

Safe deposit: € 870

3) Penalties & Additional Expenses

It is stipulated that the fuel is not included in the original price of the rental. The TENANT must return the vehicle with the same fuel level as at the beginning of the rent (full). Additional charges will be invoiced to the TENANT otherwise.

Other expenses may be claimed to the TENANT in addition to the initial rental price to indemnify the Owner for losses incurred by events that occurred during the rental, which the TENANT agrees to pay for and authorizes the OPERATOR to charge them directly to the credit card provided at the time of booking.

The fees for some additional expenses are defined in advance:

  • € 15 for returning the vehicle dirty inside or outside
  • € 25 for returning the vehicle dirty inside and outside
  • € 50 for returning the vehicle unusually dirty;
  • € 400 if the vehicle is returned by a third party that has not been registered as additional driver at the beginning of the rental.
  • Up to € 870 if seats or carpet of the vehicle are dirty / smelly and must undergo a thorough cleaning; and / or if any tears, burns, stains on the seats;
  • 280 € for non-compliance with the non-smoking instruction;
  • € 10 fuel resupply fee + fuel price according to Carnomise pricing (1.6 € / l diesel, 2 € / l petrol) if the vehicle is not returned with a full tank;
  • € 5 per hour late-penalty if the vehicle is not returned on time;
  • € 10 processing fee in case of police reporting.

The OPERATOR may cash the TENANT’s deposit for any glass breakage pending the exact valuation of the repair.

A prepaid mileage package is included in the rental fee. No refund is given if the actual mileage is lower than the initial mileage package.

In case of undefined in advance damage suffered by the Owner, the TENANT agrees to compensate the Owner according to franchise rules when returning the vehicle. At the time of booking, a deposit is charged on the TENANT's payment card. If the TENANT refuses to pay the additional costs charged when returning the vehicle, the OPERATOR can make use of this deposit to obtain the requested payment.

4) Insurance

The rented vehicle is covered by a Liability and damages insurance as defined on ( https://www.carnomise.com/guide/insurance).

The TENANT acknowledges that this insurance does not cover the rented vehicle if:

The TENANT does not meet the conditions of this Agreement; An unauthorized person drives the vehicle; The TENANT does not hold a valid driving license accepted in France; The TENANT or the additional driver is not twenty-one (21) years old or above at the time of rental; The TENANT or the additional driver doesn’t have a driving license since two (2) years or more; The rented vehicle driven outside the territory of Metropolitan France and neighboring countries; The rental period has expired and the TENANT does not call the OPERATOR to set up rental extension.

If the insurance does not cover the total harm suffered by third parties and the OWNER, the TENANT is liable for the unsupported additional prejudice. The insurance deductibles will be charged for damage to the vehicle or theft and increased by € 3,000 if the TENANT abandons or does not return the vehicle.

5) Claims

In case of theft, or damage to the vehicle or its accessories through the fault of the Tenant, or in the lack of an identified third party, the TENANT must compensate the Owner with the actual loss, whether it is a direct reimbursement for damages or payment of the insurance deductible.

In the event of an accident, the TENANT shall immediately inform the competent authorities if any injuries and draw up an accident report with the other party (ies) involved in the accident. If an accident report is drawn up, it must be completed on the scene of the accident without ignoring any entry. The sketch is mandatory. In case the other driver involved in the accident refuses to sign the accident report, the TENANT shall collect the vehicle's registration number, request for testimony of passersby and call on security forces. Any repair of the vehicle must be authorized by the OPERATOR and the Owner. The TENANT must inform the OPERATOR within 24 hours of any event affecting the vehicle. The accident report duly signed and completed by both parties must be submitted to the OPERATOR upon returning the vehicle.

In case of theft, TENANT shall forthwith declare the theft to the competent authorities; provide the police report and vehicle documents together with keys and any anti-theft device. Otherwise, TENANT incurs lapse in coverage and will be charged for damage attributable to him/her. If the TENANT complies with the obligations set out in this Agreement, he/she is liable for damages occurred to the vehicle in case of accident within the limits of Maximum Financial Accountability called "Franchise". In case of any damage, the OPERATOR may cash the deposit and hold it until the inspection of the vehicle is done which should happen as soon as possible.

The OPERATOR uses HD video equipment for the check-up of the vehicle to provide a clear, reliable and unalterable description of the vehicle before and after the rental. The check-ups are made before arrival and after departure of the TENANT to smooth his presence at the agency and make him/her save time. If the TENANT wishes to be present during the production of the recorded check-up, he/she shall make an appointment with the concerned Carnomise agency. This service is charged € 10 by the OPERATOR and cannot be canceled or reimbursed.

Forfeiture

- Any breach of the OPERATOR’s Terms of use may question the insurance coverage. If one Party causes a forfeiture of the insurance coverage by not complying with these Terms, the faulting party agrees to unilaterally take the responsibility for any consequence and any loss that may occur during the rental period.

5) Fines

The driving TENANT of the vehicle is solely responsible for any Traffic Act offenses during the rental period, and must pay any fine at the shortest deadlines as well as any penalty applicable by the OPERATOR. The TENANT receiving a fine, or who knows having committed a traffic offense carrying a fine, shall report this to the OPERATOR when returning the vehicle. Any fine received during the rental period as well as the related processing fee (10 € / fine) will be charged to the TENANT.

7) Payment

The OWNER, through its subcontractor the OPERATOR, reserves the right to accept only electronic payment by credit cards for the amount due by the TENANT.