Rental terms and conditions
Document translated from French for comprehension purposes only. The French prevails
Trois Soleils, Société à Responsabilité Limitée (limited liability company) with a capital of 20.000 Euros, whose head office is at 100, rue Petit, 75019 Paris, registered under n° 380 916 114 RCS PARIS, independent franchise of HERTZ.
Enquiries, reservations and claims to be sent to the main office at ZA Croix des Marais, CS10002, 26603 LA ROCHE DE GLUN CEDEX, France
Contact: Tel: +33 (0)475.82.02.02, e-mail: firstname.lastname@example.org. Internet: www.trois-soleils.com
In entrusting this VEHICLE to YOU, HERTZ TROIS SOLEILS and its network are bound to YOU and YOU are bound in return by the General Conditions of the contract hereunder, subject to force majeur. Any waiver to these conditions shall be subject to prior written agreement by the lessor
1. DEFINITIONS AND GENERAL NOTIONS
The different notions referred to in the present conditions shall be interpreted with regards to Recommendation 96-02 of the Commission des Clauses Abusives (Unfair Terms Commission) and common law applicable to rental contracts (article 1713 and following of the French Civil Code).
The rental contract (hereafter called the « Contract ») has been signed intuitu personae and cannot be transferred.
"YOU", or "the RENTER ": designates the drivers and the payers indicated in the Contract and its signatories who are renters.
"WE", or "the LESSOR", or "HERTZ TROIS SOLEILS ": designates the Company Trois Soleils, or one of its FACIILITIES, franchised by Hertz International for Hertz for the rental of leisure Vehicles in metropolitan France (excluding Corsica) and whose corporate name appears on the Contract.
"VEHICLE": may designate either a camping car comprising a carrier (chassis: make Fiat, Ford or others), and a living compartment (interior fittings); or a fitted van which WE will rent to YOU for the agreed duration of the Contract.
"RESERVATION": reservation of a VEHICLE by the RENTER, and expressly accepted by the LESSOR under conditions provided for in Article 2 of these present. The RESERVATION may be cancelled by the RENTER under conditions provided for in Article 6.3 of these present.
"DAMAGE ": is considered as DAMAGE; any damage occurring to the VEHICLE including glass breakage, which also comprises lights, mirrors and headlights.
"TRAFFIC OFFENCES": designates any traffic offences committed by the RENTER on the territory where the VEHICLE is travelling.
"FACILITY": designates the facility from which the VEHICLE departs and arrives. The renter cannot return the VEHICLE to another FACILITY even if it is a partner of HERTZ TROIS SOLEILS. The list of FACILITIES can be found on : https://www.trois-soleils.com/en/rv-rental-stations-france.
"THEFT": is assimilated to THEFT of the VEHICLE, vandalism and THEFT of accessories.
"EUROPE": designates the countries in which the VEHICLE may travel: SEE THE GREEN MAP.
"STANDARD RATE": is the applicable price depending on the itinerary and options chosen by the RENTER as well as any possible promotional offers which the RENTER may take advantage of.
2. RENTAL REQUIREMENTS
YOU are required to give US all the indispensable information necessary to draw up a Contract and notably: your identity, your address, the date and place where your driver's licence was issued, the means of payment of your rental.
A perfectly legible recto-verso copy of the following justifications must be sent to US with your request for reservation:
- Valid ID card or passport for each designated driver;
- Valid driver licence in French or with its translation or an international driver licence for each designated driver;
- Justification of residence (water, gas, electricity, phone or internet bill, receipt for rent paid (from a social organism or estate agent) not more than two months old);
- Your bank details if you live in France.
Apart from the above-mentioned elements, legal persons and/or associations must also provide the following:
- an Extract of the Trade and Companies' Register (Extrait K-bis) less than three months old or the Prefecture registration number for associations;
- proof of identity of the legal representative of the company or the association;
- power of attorney, if the request for reservation is not made by the legal representative;
- copy of the bylaws and proof of identity of the president of the association; le AGM report where the president of the association was designated;
WE reserve the right, moreover, to require you to present your last three pay slips or, if you are self-employed, copy of your latest tax return form. If you live outside the European Union, WE reserve the right to ask you to provide a copy of your Visa and your return plane ticket.
If you fail to provide these documents, WE cannot authorise your departure. Furthermore, in the case of guarantees which are estimated to be insufficient, WE reserve the right to refuse the request for reservation or ask YOU to immediately advance the full security deposit amounting to 3200 (three thousand two hundred) Euros by bank transfer (Visa or Mastercard).
All drivers of the VEHICLE must have had a valid driver licence for at least 36 months corresponding to the category of VEHICLE rented. He/she must also be aged over 21 years. On the contract, the RENTER is deemed to be the sole driver of the VEHICLE. It is however possible for him/her to designate additional drivers whose identities must be recorded on the Contract, for an extra fixed rate of 108 €.
If the original of the driver licence and identification are not presented by each driver on the day of delivery of the VEHICLE, the RESERVATION is automatically terminated under the conditions fixed in article 6-3 hereunder.
3. THE RESERVATION
In the case of RESERVATION by correspondence or via the Internet, WE will send YOU confirmation of your RESERVATION, along with the details of guarantees and options WE offer which, after you have accepted them, are no longer modifiable or refundable.
4. THE VEHICLE
The RESERVATIONS or requests for reservation refer only to categories of vehicles and not to specific models.
In the case where the models on the brochure and/or the Internet site are not available, WE reserve the right to offer vehicles offering the same capacities and performances. Continuously receptive to market changes and manufacturers' progress, WE reserve the right to modify, without prior notice, the range which we make available to our clientele, as well as our prices.
4.1 CONDITION OF THE VEHICLE
At the time of collection, an inventory of the VEHICLE is carried out, including accessories and is attached to your Contract. YOU undertake to check it and indicate to US, in writing, any apparent defect or omission in it before leaving the FACILITY. Failing this, the VEHICLE is considered to be conform to the description in the inventory report. WE cannot, unfortunately, take into consideration any apparent DAMAGE which was not notified before departure.
An inspection of the VEHICLE and an inventory of the accessories will be carried out in your presence when the VEHICLE is returned. In YOUR absence, the inspection and inventory are considered to have been carried out jointly.
The interior, the exterior, fittings and accessories of the VEHICLE must be returned in a perfect state of cleanliness. Waste water and sewage must be drained out. Failure to do this will result in YOU paying fixed cleaning costs of 399 €. YOU must return the VEHICLE in the same condition as you received it. All restoration costs, replacement of missing elements, fuel or clean water, all costs connected to negligence or non-respect of these present, will be added to the cost of rental.
4.2 USING THE VEHICLE
YOU must conform to the legal regulations concerning safety, traffic, parking and use of the VEHICLE. YOU must not drive the VEHICLE outside EUROPE (see the definition, article 1).
YOU will be driving with a copy of the registration document (original not provided). Certain countries require the original registration document at border controls. YOU are responsible for checking formalities concerning entrance, stay and travel by contacting the relative embassy and consulate of the country/countries you are travelling to. YOU plan your own tour and use the VEHICLE under your sole responsibility.
In application of the principle that penalties are personal, you are solely responsible for any OFFENCES YOU commit, as well as corresponding penalties (payment of fines and possible surcharges, refund of processing fees for OFFENCES, loss of points on you licence, etc.) and this for the duration of the rental.
YOU undertake to use the VEHICLE in a reasonable way, and, notably, according to its intended purpose, that is to say to as a means of transport and free accommodation of persons. YOU undertake to respect the instructions for use which have been given to you before departure, also available in the manufacturer's handbook and on line at www.trois-soleils.com, section "Practical Guide". In particular, WE draw your attention to the dimensions of the VEHICLE which require greater attention for some manoeuvres and may prohibit passing certain road infrastructures (tunnels, bridges, etc.) whose height limit is, in accordance with current regulations, signalled in advance. YOU undertake to respect the total authorised weight of the VEHICLE which can be found on the registration certificate.
If this is your first VEHICLE rental, we suggest you read the following link: https://www.trois-soleils.com/en/your-first-motorhome-rental
YOU cannot use the rented VEHICLE notably:
- for sublease;
- for the transport people for a fare;
- for the transport of more people than the number noted on the registration certificate;
- to participate in rallies, competitions or trials, wherever it may be;
- to give driving lessons;
- to push or pull another VEHICLE or a trailer;
- on unsurfaced roads or roads whose surface or condition risk damage to tyres or parts situated under the VEHICLE.
Merchandise and baggage transported in the VEHICLE, including its packaging or securement, must not damage or deteriorate the VEHICLE, or pose a risk to its occupants. When you park the VEHICLE, even for a short time, YOU undertake to lock the VEHICLE, use the onboard alarm and/or antitheft system and keep the VEHICLE documents with YOU. YOU must never leave the VEHICLE unoccupied with the keys on the ignition: in the case of THEFT resulting from failure to do this, you will be held liable.
4.3 MAINTENANCE / MECHANICAL BREAKDOWN / ASSISTANCE
During the rental period and depending on the number of kilometres travelled, YOU will need to carry out normal car maintenance (engine oil level, tyre pressure, etc.) according to reasonable use; you pay for fuel and AdBlue (diesel exhaust fluid).
In the case of mechanical breakdown or accident, YOU must contact US as quickly as possible via the contact details noted above. If the odometer has stopped working for any reason other than a technical fault, the RENTER will pay the kilometre allowance based on 500 kms per day.
5. DURATION OF RENTAL
5.1 NOTION AND CALCULATION
For the periods of season, high season and very high season (weeks 28 to 33), duration of rental will be calculated per week, from Saturday 10 a.m. to Friday 4 p.m. Outside this period, the minimum rental period is four nights, delivery taken on the first day at 10 a.m. and return at 9 a.m. on the last day at the latest without possibility of splitting the rental duration. No reduction is given if the VEHICLE is returned earlier than agreed.
5.2 END OF RENTAL
YOU undertake to return the VEHICLE to the FACILITY and at the date provided for in the Contract. Failure to do this may subject YOU to civil liability or criminal prosecution. Rental will be terminated by the return of the VEHICLE, its accessories, options, keys and documents at the counter of the FACILITY, to one of our agents at the time indicated on the Contract.
N.B.: outside opening hours of the FACILITY, return of the VEHICLE is not possible. Solely repossession of the VEHICLE, documents and keys by our agent, as soon as the FACILITY is open, may terminate the Contract. Considering the time needed for the inventory, the preparation of the vehicle before and after its return, the customer undertakes to respect the time indicated for its return. Delays in return cause a real prejudice to the RENTER if he is not be able to respect his obligation to deliver the vehicle to the next customer.
In the case of restitution one hour after the time indicated, the RENTER may be charged a lump sum fee of 300 (three hundred) Euros except if he can prove that for reasons outside his control (hidden defect, unforeseen situation or force majeure) it was materially impossible for him to return the VEHICLE at the time stated.
In the case of the return of the vehicle the day after that indicated, the RENTER may be charged by the LESSOR a lump sum fee of 500 (five hundred) Euros per extra day except if he can prove that for reasons outside his control (hidden defect, unforeseen situation or force majeure) it was materially impossible for him to return the VEHICLE at the time stated.
Exceptions: in the case of seizing or sealing of the VEHICLE, the Contract can be terminated automatically as soon as the LESSOR is informed by the legal authorities or the RENTER. Any use of the VEHICLE which could prejudice the LESSOR will enable him to terminate the Contract automatically.
In the case of THEFT of the VEHICLE, the Contract is stopped as soon as the LESSOR receives the formal complaint filed by the RENTER to the appropriate authority. If the VEHICLE is immobilised due to the driver's fault, YOU will be held liable for the costs. It will be evaluated on a flat rate basis according to the REFERENCE TARIFF.
YOU are held liable for the cost of rental. The estimated cost of the rental and services is payable in advance.
IMPORTANT: all payments (full rental cost, balance, options, etc.) shall be made within thirty days before the date of departure exclusively by bank transfer or by bank card (Visa or Mastercard or Paypal. No other means of payment is accepted.
The estimated cost includes: the price of rental calculated according to tariffs in force when the reservation contract is signed; possible fees or cost of extra options accepted by the customer, the different additional guarantees purchased. The payment is considered completed once the total estimated cost of the rental along with services is credited to OUR bank account. In the case where the payment deadline appearing on the invoice is not met, the RENTER will be liable for late payment interest on the amount due at the legal rate plus 50%. In order to apply late payment interest, the RENTER waives notification of this payment sent by US via registered letter with acknowledgement of receipt. The RENTER expressly accepts that the failure to pay one single invoice within the deadline allocated, or any non-payment will result in the forfeit of the agreed terms of payment of invoices due and authorises the RENTER to demand any existing rented VEHICLES to be returned.
6.1 CONDITIONS OF PAYMENT
Payment is made on RESERVATION of the VEHICLE:
If RESERVATION takes place more than 30 days before departure: 30% of the anticipated cost of rental with a minimum of 200 (two hundred) Euros. Payment of the balance 30 days before departure. As is customary in such situations, any RESERVATION not paid up in full is considered cancelled by the customer.
If it takes place under 30 days before departure: 100 % of the total cost of the Contract, which must be made by bank card (Visa or Mastercard) or Paypal.
6.2 APPLICABLE REFERENCE TARIFF
Tariffs applicable for rental, extra services, guarantees and options are those in force when the reservation contract is signed and correspond to the conditions that YOU have stated (name and first name of the RENTER, dates of departure and return, FACILITY, category of VEHICLE, etc.).
Any modification the RENTER makes to the initial RESERVATION may result in additional charges to the initial tariff given, if the services chosen are more expensive, plus handling fees amounting to 108 € per modification. If the modifications made by the RENTER were for services which are cheaper than the initial RESERVATION, the LESSOR will refund the RENTER the difference between the revised tariff and the initial RESERVATION cost, plus handling fees.
In accordance with articles L221-5 and L221-28 12° of the French Consumer Code, the right of withdrawal of 14 days, as defined in article L221-18 of the French Consumer Code, cannot be exercised for rental contracts for vehicles which are provided for a determined date or period.
In the case of cancellation for whatever reason it may be, the amounts paid are retained by HERTZ TROIS SOLEILS under the following conditions:
- a - cancellation notified more than 45 days before the date of departure: the amount corresponding to the RESERVATION is refunded, less 20 % of the total amount of the Contract (minimum 200 €).
- b - cancellation notified between 45 and 30 days before departure: the deposit is not refunded.
- c - cancellation notified or payment of balance outstanding less than 30 days before departure: the total amount of the estimated rental excluding security deposit is due.
Notification of cancellation must be sent to US by registered letter with acknowledgement of receipt, date as per postmark. A guarantee cancellation/postponement may be arranged through us when the RESERVATION is made. (See conditions in the document entitled "guarantee cancellation/postponement").
6.4 SECURITY DEPOSIT
The purpose of the security deposit is to cover amounts which may be outstanding after termination of YOUR rental. It is fixed at 3 200 (three thousand two hundred) Euros. You are informed of this when the RESERVATION is confirmed and at the start of rental. This security deposit is equal to YOUR liability ceiling.
The RENTERS having an account in a French bank will remit a cheque of 3 200 (three thousand two hundred) Euros to the facility when collecting the VEHICLE. The RENTERS not having an account with a French bank will pay the security guarantee by bank transfer or bank card (Visa or Mastercard) at least 21 days before the date of departure.
The security deposit will be retained by the LESSOR in the case of THEFT of the VEHICLE or DAMAGE, if the invoice corresponding to repairs exceeds this deposit. Refund of all or part of the security deposit which WE owe YOU when the rental ends will be made as soon as possible. Refund of all or part of the guarantee will be made in Euros. Exchange rate costs will be supported by the RENTER not having an account in a French bank.
7. RESPONSABILITY IN THE CASE OF DAMAGE CAUSED TO THE VEHICLE OR THEFT
YOU are responsible for the VEHICLE in YOUR care. Therefore, in the case of THEFT of the VEHICLE or DAMAGE caused to it, YOU shall compensate the LESSOR for the prejudice effectively incurred. If the prejudice incurred by the LESSOR were to be reduced, the RENTER(S) will be refunded up to this limit. This responsibility may be reduced if YOU have taken out a partial excess waiver (see conditions in the document "Partial excess waiver").
8. COVER / INSURANCE / EXCESS WAIVER
8.1 COVER FOR DAMAGE AND / OR THEFT AND INSURANCE
N.B. ALL THIS COVER IS ONLY AVAILABLE IN EUROPE (see the list of countries in 1- definitions), FOR THE DURATION OF THE RENTAL CONTRACT AND SUBJECT TO THE RESPECT OF THE STIPULATIONS OF THE PRESENT CONDITIONS.
Le LOCATAIRE est garanti par nos soins, selon la règlementation en vigueur, pour les risques suivants :
The RENTER is covered by us, in application of the regulations in force, for the following risks: - Third party liability: on the road - Personal injury: unlimited - Material or immaterial damage: 100 000 000 Euros per accident, excluding Environment/Pollution: 1 600 000 euros - Legal protection up to: 20 000 Euros - Claims and advance for claims up to: 8 000 Euros.
All claims concerning the following damages: THEFT, fire, break-in, DAMAGE to exteriors, hail and broken glass, will result in a charge for restoring the VEHICLE to its original condition, with a maximum of 3 200 (three thousand two hundred) Euros, corresponding to excess charges.
Interior damage, of whatever origin, are always payable by the RENTER without limitation. It is the same for damage resulting from the non-respect of vehicle height or GVWR of the VEHICLE as well as wheel rims, tyres, wing mirrors and accessories which are out of order, damaged or stolen. Are also excluded, cash, bank notes, valuables and personal effects belonging to the RENTER.
In the cases of DAMAGE or THEFT, YOU must, within 48 hours of the incident, send the accident report form ("constat amiable d'accident") duly completed and signed by the two parties, or a police/gendarmerie report or the receipt of a declaration of THEFT remitted by the competent authorities. Failure to complete this procedure or the time limit stated will automatically result in the RENTER taking full liability as he will prevent the LESSOR from claiming against the insurance company.
If a third party has been identified, that is to say a named physical person whose identity and signature are on the accident report or police/gendarmerie report, and correctly insured by a creditworthy company, the security deposit (cheque or bank transfer by Visa or Mastercard) is retained until reception by the LESSOR of the final report indicating the respective responsibility of the parties.
If the RENTER has been cleared of all liability, his security deposit cheque is returned to him as soon as refund has been obtained from the liable third party; if the security deposit was made by bank transfer or bank card, refund is made by the same means.
If the RENTER is totally or partially liable, or if there is no identified third party, an invoice for repairs is sent to the RENTER.
Once payment is collected, the security deposit is returned to him. If payment is not made, the security deposit will be banked after eight clear days, following a reminder sent to the renter by registered letter with acknowledgement of receipt.
For RENTERS who paid by bank transfer or bank card, the difference between the amount of security deposit paid and the invoice for repairs will be refunded after it has been approved by the RENTER.
If a claim is made concerning the amount recovered, the RENTER may, at his expense, use the services of an approved expert who will send a report to the central reservations office.
8.2 EXTRA OPTIONAL COVER
YOU may take out extra optional cover (conditions and tariffs can be found on our Internet site: www.trois-soleils.com.)
8.3 LAPSE OF COVERAGE
Drivers who are not designated on the rental contract cannot benefit from cover for VEHICLE DAMAGE or THEFT. In order to benefit, all drivers, other than the renter, must add the additional driver option.
In the case of THEFT of the VEHICLE, the RENTER must be able to return the keys to the owner.
Any failure to comply with these obligations will lead to lapse of coverage by the contract. The liability limit will no longer be applicable. The RENTER(S) will, in this case, be entirely liable for the claim under conditions of ordinary law relative to liability.
9. PROTECTION OF PERSONAL DATA
WE collect information and data concerning YOU in order to carry out the Contract. This information may be transferred to our partners who are in charge of processing the Contract. This information and data are kept for security reasons in order to respect legal and regulatory requirements.
YOU have been informed of this automated processing of information.
In application of "Règlement n°2016/679 called « RGPD » and law n°78-17 of 6th January 1978 modified, YOU have the right at any time, to oppose, access, modify, rectify, limit and remove any personal data concerning YOU.
YOU can exercise your rights:
- by email: email@example.com.
- by letter to: HERTZ TROIS SOLEILS - DPO - ZA la Croix des Marais 26600 La Roche de Glun, France.
Each request must be accompanied by a copy of proof of identity so that the author of the request can be verified it is the person concerned.
10. APPLICABLE LAW – CONSUMER OMBUDSMAN
The present general conditions for rental, their execution and interpretation shall be submitted to French jurisdiction.
In the event of dispute relative to consumer law and if, after a year following your written claim to our services has not resulted in an amicable agreement, YOU have the right to request the intervention for mediation by writing to the "Médiateur du Conseil National des Professions de l’Automobile" (CNPA):
- by email: www.mediateur-cnpa.fr;
- by letter: Médiateur du Conseil National des Professions de l’Automobile (CNPA) - 50 rue Rouget de Lisle - 92158 Suresnes Cedex, France
Mediation is free of charge for YOU, excluding lawyer's or expert's fees, or those of any other professional person you may choose to assist you in the mediation.
The European Commission has, moreover, set up a platform to resolve disputes of consumer claims following online reservations in order to transfer them to the appropriate national ombudsmen.
To access the platform:
11. CHOICE OF FORUM CLAUSE
In the case of failure of the ombudsman procedure, disputes are submitted to the exclusive jurisdiction of the Court competent in the jurisdiction of the Appeals Court in Paris.
12. DATE OF COMING INTO EFFECT
The present general conditions will come into effect on 18th January 2021 and are applicable for all requests for reservation made as from this date.