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APPENDIX:
RENTAL AGREEMENT FOR SELF DRIVEN VEHICLES
SECTION I - GENERAL RENTAL images
ART 1 - DURATION- PROLONGATION:
The renting of a vehicle is concluded for a definite period explicitly
stated in the contract. The prolongation in time can be done 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 if not, he
will pay an extra charge.
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, if necessary, to
replace or exchange the customer vehicle or if the control lasts more
than fifteen minutes. Not complying with his agreement may engage the
renter's possibility for any damage caused by a technical failure.
Art 3 - TAKING CHARGE - RESERVES:
The renter acknowledges having taken the vehicle in good running
condition under the following reserves. He agrees to let AVIS know
without delay any defects, which he might find. Otherwise, he might be
considered responsible for the damage caused from his neglect after an
appraisal.
Art.4 - LIABILITY FOR EQUIPMENT:
The equipment of the rented vehicle is in good working condition. The
renter is responsible for its loss or for any deterioration and will
have, if this be the case, to replace it at cost price.
Otherwise, our rates don't included following :
- Gasoline
- Police fines, penalties, and impounding charges
- Punctures, tires, accessories damaged or stolen
- Expenses charged in the event of vehicle immobilisation, assuming that
the drivers liability is involved or in the case of the driver didn't
take the insurance
- Towing until Moorea Ferry dock
Art 5 - MINIMUM DAILY RATE:
Taking charge of a vehicle means to accept paying the minimum daily rate
defined hereafter, however short the period or time may be.
a) 4 hours and 8 hours rate.
The minimum rate is 4 hours. Passed this during, the 8 hours rate will
be apply even if the period of the renting is include between the 4
hours and the 8 hours. Those rates are applicable in the schedule of our
offices, with a maximum time return at 06.00 PM
b) 24 hours rate
Renting is available for 24 hours, with 45 minutes free. Passed this
time, we charge for extra hour on the basis of 1/5 of the daily rate. A
full day rate will be charged beyond 5 hours. The 4 hours and 8 hours
rate can't be apply for extra hours after a 24 hours rate.
Art 6 - FUEL:
Fuel is the client's responsibility. When taking 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. Any excess
fuel will no be credited to the renter's account.
Art 7 - PENALTY CLAUSE:
If the renter does not comply with Article 1, he will owe AVIS an
indemnity, which will be equal to a fixed price, for each day exceeded.
He will also owe 20% of the amount of the dues per day exceeded.
Discounts for long term renting will no longer be granted If AVIS is
forced to sue the customer for unpaid renting, or repairs for which he
was responsible, AVIS WILL BE ENTITLED TO A FIXED INDEMNITY OF 30% of
the amount legally claimed. This would also take effect even if the
legal action goes no further than an order to pay by registered letter
or a summons.
Art 8 - In case of kilometric tampering, 200 kilometres per day
will be charge to the hirer as well as the cost of repairing mileage.
SECTION II - GENERAL INSURANCE images
Art 9 - THE SCOPE OF THE COVERAGE:
The rented vehicle is to be exclusively used on public or private roads
normally open to car traffic, on the sole island of Moorea. It is
insured under the standard terms covering self driven vehicles and under
the special terms as specified in the insurance policy (these terms are
available at the AVIS office). It is forbidden to drive a car rental on
dangerous and bad roads like "Waterfalls, Pineapple road" or any other
way that seems to be dangerous by its configuration.
The main items in the insurance contract are pointed here under:
Art 10 - COVERAGE:
Two types of coverage are provided, along the possibility of subscribing
for an additional coverage under specific images (Art 11). At a fixed
daily premium.
- A) Damages caused to third parties (Third party liability): The
vehicle is covered against damages, which the renter may cause to third
parties. It is being understood that damages to
the renter himself and the rented vehicle are excluded from the
guarantee. Fines, consequences of the renter's criminal liability remain
at the renter's expense
- B)Damages caused to the rented vehicle, including the deductible :
Cover against damages to rented vehicles following theft, broken
windows, explosion, fire or accident with a deductible set on the basis
of the type of vehicle and under the images of Art 12 and 13
Art 11 - CATEGORIES OF DRIVERS AND TERMS OF COVERAGE:
Minimum age required is 21. The driver must have a valid driver's
licence issued at least one year prior to the rental date
The driver must own a credit card or provide enough financial
guarantees.
Drivers are classified in three categories:
1) Drivers over 21 and under 23 :
Third Party Liability only
2) Drivers over 23 and under 25 with a driver's license issued between 1
year and 2 years :
Third Party Liability only, with the possibility to get an insurance
"damages including the deductible"
3) Drivers over 25 with a license more than 2 years :
Third party liability with possibility to get an insurance "damages
including the deductible"
Art 12 - REPORTING OF ACCIDENT:
Any damage caused to the vehicle must be reported IMMEDIATELY. The
renter must come to the nearest AVIS office in Papeete, 56 rue des
Remparts, Pont de l'EST, except in the 2 following situations:
hospitalisation or being kept by the police services.
In this two cases the customer must come to the AVIS office when getting
out from the police services or at the end of hospitalisation. Any
renter who does not comply with this obligation shall be deemed
responsible for the damage and consequences. The renter is, also, full
responsible if he doesn't bring back a report signed by the third party,
in case of accident. In case of litigious about responsibility, AVIS
keep the deposit until the last decision of the insurance company.
Art 13 - EXCLUSIONS OF COVERAGE:
In addition to the exclusions specified in the "Standard Terms" of the
policy held in the AVIS office, the customer shall be fully responsible
for third party liability, under the following circumstances, which
exclude any and all guarantees.
a) Damages caused wilfully, with malicious intent or due to an
inexcusable fault.
b) Damages caused in particular in the event of river crossing,
penetration in sea water, sinking, overturning of the vehicle, driving
on road not suitable for vehicles, no presentation to the weekly
technical control, flat tires, burst tires or ripped tires
c) Damages caused by driving under the manifest influence of alcohol or
after the use of non-prescribed drugs or by any passenger having caused
damages under such influences.
d) Damages cause in the event that the vehicle is stolen when AVIS is
unable to obtain the car keys.
e) Damages caused when the driving of the vehicle has been transferred
to a person not designated in the rental contract
f) Damages caused by keeping a car abusively by non presentation for
extending rental.
Art 14 - FINES: The client shall be responsible for the payment
of fines if he has committed an offence against the Highway Code
Art 15- JURISDICTION: Any dispute arising from this contract
shall be submitted to the competent courts of French Polynesia.
INSURANCES AND DEDUCTIBLE RULES AVIS MOOREA
Minimum age required is 21 years old. The driver is required to hold a
driving licence of one year minimum, B category.
Drivers are classified in 3 categories :
1) Drivers over 21 and under 23 years old:
Third Party liability ONLY
Responsability : TOTALITY OF DAMAGES
2)
Drivers over 23 and under 25 years old holding a driver licence of MORE
than one year and LESS than 2 years :
Third party liability + Damages insurance with a deductible (as
following)
3)
Drivers over 25 years old and holding a driver licence more than 2 years
:
Third Party Liability + Damages insurance with deductible (as
following)
NOTE :
In case of responsible accident or in the case case of no report
established with a third party , the renter will be charged for the
deductible .
A bill for repairing will be established for the reparation. If the
amount will be under the amount of the deductible , the renter will be
refund for the difference.
In litigious case concerning the responsability of each other, tne
insurance company will decided the responsability rate but only if the
renter and the third party have established and accepted a report .
Exclusions of coverage : cf. Art 13 :general images of rental
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