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GENERAL TERMS AND CONDITIONS OF SALE AND RENT BY ENTERPRISE RENT-A-CAR COMPANY IN MARTINIQUE, CAR RENTALS

TERMS OF SALE

The website www.enterprisemartinique.com (hereinafter “the Site”) includes certain services marketed by Enterprise rent-a-car. Access to the Site is open to all users, professionals or individuals (hereinafter referred to as “Users”). The use of this Site is subject to the General Terms and Conditions detailed below as well as the General Terms and Conditions of Rent (hereinafter referred to as “the GTCs”).

The General Conditions of Rent are available below. The use of the Site implies full and unreserved acceptance by the User of all the provisions of these Terms and Conditions and the GTC.

1. TERMS OF REGISTRATION

The online booking of an Enterprise rent-a-car vehicle (hereinafter “the Vehicle”) on the Site requires prior registration of the User. To book on the Site, the User must register certain information concerning him/her – last name, first name, address, telephone and fax numbers, address, email – which are subject to declaration to the CNIL. The registration of this data allows to identify Users and verify them as consumers or professionals as certain stipulations of these General Conditions are not applicable to professionals. As a result, Users undertake to complete this form reasonably and in good faith manner and to provide only useful and truthful information. Enterprise rent-a-car reserves the right to terminate the registration and permanently cancel access to the Site to any User who has provided incomplete or inaccurate information without notice.

2. MANAGEMENT OF PERSONAL INFORMATION

Users have the right to access, modify, rectify and/or delete such personal information.

3. ONLINE BOOKING

The User may reserve a Vehicle on the Site as follows:

3.1 – VEHICLES

The photographs and texts describing the Vehicles are not part of the contractual field. In the event that errors have been made, they could not in any case entail the responsibility of Enterprise rent-a-car.

Our Vehicles offers and prices are valid as long as they remain visible by us on the Site, and within the limits of available stocks. The availability of the products indicated on the Site is only demonstrative.

3.2 – BOOKING

The User has an option to book a Vehicle online at least 24 business hours before the departure of the rental. Any reservation implies the acceptance of prices and descriptions of services available for sale. The User is notified by email that his/her offer has been processed by the renter who was selected in the process of booking.

Any booking signed by ‘click’ constitutes irrevocable acceptance which can only be challenged within the limits provided by these General Conditions. The ‘click’ associated with authentication and non-repudiation procedure as well as the protection of message integrity constitutes an electronic signature. This electronic signature has value between the parties same as a handwritten signature.

4. PRE-PAYMENT ONLINE

The online payment is made by credit card on the secure banking servers of PAYPAL. This implies that no banking information concerning the User passes through the Site. Payment by credit card is perfectly secure; thus, the reservation through pre-payment is recorded and validated upon acceptance of the payment by the chosen bank. The credit card details of the User are encrypted using the SSL protocol (Secure Socket Layer) and never transit in the open (uncoded) through the network. The payment is made directly to the bank. Enterprise rent-a-car has no access to these details, and does not keep them on its servers. This is why they are re-requested to the User with each new transaction on the Site.

5. REIMBURSEMENT CONDITIONS FOR A CANCELED RESERVATION

Any cancellations or modifications of a reservation can be done via resa@enterprisemartinique.com. It will take effect on the date and at the time when it is registered in the lessor’s computer system. Confirmation of cancellation or modification will be sent to the customer.

The customer can cancel his reservation under the following conditions: If the reservation is canceled at least 30 days prior to the scheduled departure date: the full pre-payment will be refunded in cheque within 72 hours (business hours).

If the reservation is canceled within 29 to 20 days prior to the planned departure date: the prepayment will be reimbursed up to 90%, in cheque, within 72 hours (business hours).

If the reservation is canceled within 19 to 7 days before the scheduled departure date: the prepayment will be reimbursed up to 80%, in cheque, within 72 hours (business hours). No refund will be paid for cancellations less than 7 days prior to the scheduled departure date.

In case the User doesn’t show up, the reservation will be automatically canceled two hours after the time originally scheduled for taking the vehicle and the entire pre-payment will be retained by Enterprise rent-a-car.
In case of modification of a prepaid reservation, no penalty will be applied. The first booking will be refunded within 72 hours (business hours), regardless of the change date.

The applied tariff is a discounted rate taking into account all the elements that the User has entered (rental dates, vehicle category, accessories, etc.), no refund will be paid if the cost of the rental is less than the cost of prepaid booking.

Certain promotional offers, given their discounted rate, are applicable only on enterprisemartinique.com (as the Promo Holiday rate), are non-modifiable and non-refundable.

6. SITE CONTENT

6.1 – INFORMATION THAT APPEARS ON THE SITE:

The information on the Site is developed by Enterprise rent-a-car based on the technical knowledge currently available and is updated regularly. Enterprise rent-a-car claims no responsibility for any direct or indirect damage that may result from content errors or failure to update.

6.2 – UPDATE

Enterprise rent-a-car reserves the right to modify and update the General Conditions and all elements, products or services presented on the Site without notice. All of these modifications are mandatory for Users who must consult and accept these General Terms and Conditions during each booking.

7. PROTECTION OF THE CONTENT OF THE SITE

7.1 – SECURITY OF THE SITE:

The User agrees not to perform any manipulations likely to cause computer failures, functional errors or affect the operation of the Site or any server or service that is accessible through the said Site.

Enterprise rent-a-car undertakes to implement all necessary means to ensure the security of the information that the User makes available through the Site. However, Enterprise rent-a-car can not guarantee the absence of interception of messages transmitted electronically.

7.2 – INTELLECTUAL PROPERTY

Many elements of the Site are protected by intellectual property rights, the terms of which are specified in the General Conditions of Use of Site. Therefore, it is prohibited for any User to reproduce, copy, sell, resell and/or exploit all or any part of the content of the Site.

8. – LIABILITY LIMITATIONS

8.1 ACCESS AND CONNECTION:

The Site is accessible via the Internet. It should be recalled that the Internet is an open and informal network, constituted by the international interconnection of computer networks. The management of the Internet is not subject to any central entity and each part of this network belongs to an independent public or private body. Its operation is therefore based on cooperation between the operators of the different networks without there being any obligation of supply or quality of supply between operators. Networks may have unequal transmission capacities and their own policies of use. No one can guarantee the good functioning of the Internet as a whole. As a result, Enterprise rent-a-car assumes no liability or warranty for any malfunction of the Internet (delay in transmissions or other malfunctions).

8.2 EXECUTION OF THE CONTRACT:

Enterprise rent-a-car can not be held responsible for breach of contract due to a force majeure, disruption or total/partial strike of postal services, transport and/or communications, flood or fire. For products purchased to meet business needs, Enterprise rent-a-car will assume any liability for consequential damages as a result of business interruption, loss of profit, damage or expense, which may occur.

The choice and the purchase of a product or a service is the sole responsibility of the User. The total or partial inability to use the products, particularly due to the incompatibility of the equipment, can not demand any compensation, reimbursement or be claimed a liability of Enterprise rent-a-car, except in case of a proven defect, non-conformity, an error or an exercise of the right of withdrawal.

8.3 ABUSIVE OF THE SITE CONTENT:

Enterprise rent-a-car assumes no liability of any nature whatsoever, in the event that the User fraudulently used the Site.

GENERAL RENTAL CONDITIONS

1. – RENTAL CONDITIONS

The renter and the drivers authorized by the renter and designated on the front page of the present contract are required to show a valid identity card, passport or a driving license issued for more than one year to the renter. The documents should be valid on the territory where they circulate.

The minimum age required to rent is 21 (23 or 25 for some models).
The lease, which is personal and not transferable, is concluded for a fixed term specified on the front page of this contract.
The renter and the authorized drivers are responsible for the fulfillment of these conditions.
As soon as the vehicle is handed over, the renter and authorized drivers become fully responsible according to the terms set out in Article 1384 of the Civil Code.
The renter reserves the right to terminate the rental immediately and automatically without being required to justification or compensation in the event that the renter has not complied with one of the essential obligations of this contract, including the conditions of use of the vehicle, the payment for a rent and conditions of refunds.

2. – USE OF THE VEHICLE

The renter agrees:

  1. to allow the vehicle to be driven only by authorized drivers on roads suitable for motor traffic, without participation in any competitions, rallies or sports car races;
  2. not to carry passengers for a fee or in excess of the seating capacity of the vehicle;
  3. not to use it for unlawful, immoral purposes or those not intended by the manufacturer;
  4. not to attach other vehicles, trailers or other objects and make no modifications;
  5. not to use the vehicle under the influence of alcohol, drugs or any other substance affecting his/her conscience or ability to react;
  6. to use the rented vehicle in accordance with customs regulations, the Highway Code and in accordance with legal and regulatory provisions in general;
  7. to use and maintain the vehicle as a bonus pater familias;
  8. the renter and the approved drivers undertake not to use the rented vehicle in the following countries: Greece, Ireland, Albania, Algeria, Bulgaria, Czech Republic, Estonia, Hungary, Croatia, Israel, Islamic Republic of Iran, Iraq, Malta, Morocco, Macedonia, Poland, Romania, Slovakia, Slovenia, Tunisia, Turkey, Yugoslavia. In the event that the renter uses the rented vehicle in one of these countries without an express and written agreement with the lessor, he/she can not benefit from the provisions of articles 5.A.2, 5.A.3, 5B;
  9. the renter agrees to keep the keys of the vehicle in safe. In case he/she loses the keys, the renter will be charged additional 155 euros.

3. – CONDITION OF THE VEHICLE

The vehicle is provided in good condition that is subject to possible hidden defects and bodywork, with tires in good condition, spare wheel and accessories. By signing the contract, the renter agrees to return the vehicle in the same state, condition and bodywork, with the tires, spare wheel and accessories in good condition.
The renter is prohibited to claim damages for any interruption of service, incident or accident attributed to the condition of the vehicle or tires.

4. – MAINTENANCE – REPAIRS

4.1. Maintenance

When renting a car, the User will find an explanatory note with car maintenance tips. In case of rental for more than 1000 km for passenger cars and more than 500 km for utility vehicles (SUVs), the User must check the engine oil level and fill the tank with gasoline if needed. The User must also put the car in the garage or make the periodic maintenance visits imposed in the notice at any authorized agent. However, the renter may, subject to the written agreement of the renter, put the car in a garage other than those mentioned above.
The renter must provide a detailed invoice as well as the defective parts for all operations performed outside the workshops of the renter or authorized agents.

4.2. – Repairs

The User agrees that the necessary repairs are carried out without delay.
Repairs, exchanges of parts or tires resulting from normal wear and maintenance visits are the responsibility of the lessor and will be carried out by him. However, if the vehicle is immobilized for a reason outside the agglomeration of the agency that has granted the lease, the lessee may, after written or telegraphic agreement from the lessor, arrange for the work of these supplies an authorized agent or another garage of the renter or any other parking.
Repairs, exchange of parts or supplies resulting from abnormal wear, negligence, accidental or indefinite cause, remain the responsibility of the User unless he provides evidence that he is not involved in a car breakdown. The User undertakes, at his own expense (removal, transportation, towing costs …), car repair under the conditions set out above, unless he has taken out the optional assistance guarantee which is presented in section 5.
The rent will continue to operate, and all subsequent obligations of the lessee remain in force once the lessor is able to replace the immobilized vehicle.

INSURANCE AND / OR ADDITIONAL PROTECTIONS

Benefits of renting the vehicle:
A- INSURANCE (the summary is equivalent to explanatory note)
  1. Compulsory civil liability
    • For damages caused to third parties,
    • Covered countries: in accordance with the issued green card and for all countries not paid.
    • Conditions for applying: the driver must have a minimum age (18 years in France) and a driver’s license issued for more than one year and valid. However, the age required for driving our cars is 21 years.
    • Exclusions:
      • Damage caused voluntarily,
      • Damage to the driver,
      • Passenger transportation under unsafe conditions
      • Damage under the legislation on work accidents.
      • Damage occurring during races, competitions or their tests subject to prior authorization from the public authorities,
    • Damage to goods or animals rented or entrusted to the driver or transported in the vehicle,
    • Fines and other penalties imposed by the authorities as a result of driving a vehicle.
  2. Legal protection
    • Scope: applies only in the event of an accident involving a leased vehicle and consists of the following:
      • Criminal defense,
      • A friendly or judicial remedy with a free choice of lawyer,
    • The maximum amount of costs: 7,623 euros for litigation
    • Intervention threshold: minimum 229 euros for litigation.
    • Exceptions:
      • Driving with a blood alcohol level higher than the legal norm or under narcotics not prescribed medically;
      • fines,
      • Judicial expenses charged from the beneficiary of the guarantee by the Court.
  3. Road safety (optional)

    Only if the User subscribes to the variant P.A.I. on the front of the lease.

    • Degree: this is a guarantee of bodily harm, in the event of an accident, injured by the driver and passengers, within the limits of the number of places located during transportation in a rented car.
      • In case of death: the capital is 17,151 euros per person, subject to restrictions set for a period of up to 16 years and over 70 years.
    • In case of full or partial permanent incapacity: capital in the amount of 17,151 euros is reduced depending on the percentage of incapacity selected in accordance with the scale attached to the insurance contract.
      • Medical expenses (not reimbursed): € 763 for people living in the EEC, EUR 4,574 for others.
    • Exceptions:
    • Driving under the influence of alcohol,
      • Damage caused voluntarily, suicide or suicide attempt.
B – ADDITIONAL PROTECTIONS
  1. Damage to a leased vehicle

    The rented vehicle is not insured for the following risks:

    • Accidental damage,
    • Fire, breakage, flood, theft or disappearance.

    However, in case of occurrence of the above risks, the renter agrees to waive recourse against the lessee and / or the authorized driver, a pplyin g an exemption subject to the following conditions and exclusions:

    • Conditions:
      • Driving of the vehicle by the renter or the authorized driver (s) whose name (s), appear (s) on the lease.
      • Driving of the vehicle on roads open to the circulation of motor vehicles except in the countries mentioned in Section 2.8.
      • Deductible on accident, fire, ice breaking and flood damage: its amount fixed at the tariff conditions remains the responsibility of the renter.

    In the event of subscription to the CDW (deductible reduction) option, its reduced amount is indicated on the front of the contract. The cost of damage is evaluated by taking into account the cost of the repair, the fixed fee and the immobilization cost of the vehicle.
    In case of subscription of Super CDW option, this deductible is not due. This guarantee has no effect in the cases of exclusions specified above and hereafter:

    • Exclusions:
      • Damage caused voluntarily,
      • Driving with a blood alcohol level higher than the legal norm or under the influence of narcotics not prescribed medically,
      • Driving on roads that are unfit for traffic (construction sites, pedestrian streets, etc.),
      • Damage resulting from non-observance of warning lights on the dashboard,
      • Non-respect of the payload of the rented vehicle,
      • Damage resulting from a poor appreciation of the size of the rented vehicle,
      • Any damage inside the vehicle, tires and rims,
      • Errors on the type of fuel,
      • Damage occurring after the date stipulated in the contract for the return of the vehicle,
  2. Theft of the vehicle
    • Franchise on the flight
    • In case of subscription to the option T.PC. (deductible reduction), its reduced amount is indicated on the front of this contract. This TPC option has no effect if the vehicle keys are not returned.

    • Exclusion
    • In the event of theft or disappearance, the keys and the documents of the vehicle must be handed over to the lessor, otherwise the total deductible will have to be paid, unless the renter states that he has had to hand over the keys under the constraint or threat of a third party. In the event that the vehicle is found within a period of less than 1 month the deductible remains refunded to the customer after deduction of handling fees, immobilization costs, vehicle repair costs and any impoundment or repatriation costs.
    • Theft by an agent of the renter or an authorized driver,
    • theft of the personal belongings of the renter or the passengers.
    • As part of these exclusions, in case of discovery of the vehicle, it will be charged the amount ……. of damage to the vehicle and the rental until the date of discovery.

  3. Assistance (PAI and Super PAI option)

    This additional service is only applicable if the renter subscribes to one of these options on the front of the rental agreement. This is the assistance described in the leaflet delivered from the rental. The conditions of these guarantees can be found in the “Insurance and Additional Guarantees” brochure which the subscriber acknowledges having read.

C – DECLARATION OF ACCIDENT DAMAGE OR THEFT

Any accident, damage or theft of the rented vehicle must be declared within 2 working days to National / rent-a-car, 165 bis, rue de Vaugirard, 75015 PARIS.
An amicable report must be completed and attached to the declaration.
In addition, the theft must be the subject of a complaint within 48 hours.
Failure to comply with these formalities entails for the renter the loss of the benefit of the additional protections unless the latter proves that he was prevented from performing them.

RATES

Fuel costs is the responsibility of the renter. National / rent-a-car supplies the vehicle with the fuel on departure as part of a service provided to the User. If the renter does not return the vehicle with full fuel, National / rent-a-car will fill the vehicle and charge the renter the fuel costs of refilling the vehicle. The rental day is an hour to hour per period of 12 or 24 hours depending on the tariff applied. The billed rental period is calculated in increments of 12 or 24 hours which can not be divided with a tolerance of 59 minutes. Beyond this, depending on the rate applied, an additional day or half-day will be charged. The renter must pay the lesser a provisional rent corresponding to the duration of the lease being specified that the setting of the final rent will be subject to a modification according to the amount of the provisional rent paid. A daily road fee is charged in addition to the applicable fare.

LATE PAY INDEMNITY

In accordance with the Article 33 of the Ordinance of 1 December 1986, late payment penalties calculated at a rate equal to one and a half times the rate of the legal interest in force on the day of the payment due will be due in case of late payment.

WARRANTY DEPOSIT

Under a direct agreement, the amount of the deposit set on the front of the general terms of the lease is distributed to the lessor in full ownership, up to the amounts owed by the renter to the lessor, in case of non-payment of rent and in cases described in Section 5 above.
If their amount is higher, the lessor’s payment of the balance to the lessor must immediately intervene after the termination of the lease. In case of non-observance of this settlement date, the lessor reserves the right to demand from the lessee the repayment of fines calculated at a rate equal to the one-and-a-half rate of legal interest effective on the day of payment.
If their amount is lower, the lessee agrees to return the difference to the lessee within the maximum period of one month.

EXTENSION OF LEASE AGREEMENT

The User must ask the lessor, at least 48 hours in advance, for the extension of the lease accompanied by the corresponding provision, under penalty of exposing himself to prosecution for embezzlement vehicle and breach of trust. However, the renter reserves the right to refuse the extension of the rental, without compensation, obligating the renter to return the vehicle immediately.

RETURN OF THE VEHICLE

The return of the vehicle, its keys and all the administrative documents to the lessor at the agreed place and date, only to stop the rental. The renter has to pay until the date of restitution, the amount of the hiring, except when the renter no longer has the disposition of the vehicle for reasons he can’t influence. The return of the vehicle must be made during the hours of operation of the rental center. In the event that the renter returns the vehicle outside normal business hours, he has to take care of it and the risks involved until the opening hours of the rental center.

FINES

The renter and the authorized driver are responsible for the fines, tickets and minutes established against them and are legally dependent on them. They undertake to reimburse their amounts to the lessor if they had to make an advance payment. In the event of intervention in the treatment of these fines, contraventions or PV, the lessor will invoice to the renter a lump sum of 22 euros per intervention for expenses of the file.

COMPUTER LAW AND FREEDOMS

According to the Act n ° 78-17 of January 6th, 1978 relative to the files, to the data processing and the Iibertés, the renter s informed that the information appearing in the general conditions of Iocation, that is necessary for the good execution of the lease, may be subject to automated processing for subsequent survey, prospecting, or statistical purposes. This information is for National / rent-a-car. However, national / rental cars may be required to provide details of the renters to outside companies; for commercial exploration. Renters may object to their rights to access and rectification, by writing a letter and send to National / rent-a-car – 165 bis, rue de Vaugirard, 75015 Paris.

JURISDICTION

In the event of a dispute concerning the execution of the present contract, jurisdiction shall be conferred on the court to which the head office of the company which has made the lease belongs. If the renter is an individual, the competent court will, at the choice of the applicant, that of the place where the defendant lives, or that of the place of signature of the contract.