the purposes of these Terms and Conditions of Rental “the Company” “we” “us”or “our”shall be S.A.R.L. Buggs(Siret No. 488 473 919).The “customer”or “you”shall be any business, partnership, individual or specified driver who shall enter into a hire agreement with the Company. “Vehicle(s)” shall be the car(s) and any associatedaccessories.In signing the rental agreement you agree to strictly comply with the following Terms and Conditions, which are not transferable.
1. The Vehicles
1.1 All the vehicles on hire from the Company shall remain the property of the Company at all times.At no time can you transfer or sub-rent the vehicle.
1.2 The vehicle must only be driven by you the Customer or any other person who has been authorisedby us and who is named on the rental agreement. You will not allow the vehicle to be driven by anyperson (including yourself) who is over tired, under the influence of alcohol, drugs,medication orother legal or illegal substances which may impair their consciousness or their ability to react accordingly.
1.3 Vehicles will be passed to the Customer in good overall operating condition, complete with allnecessary documents and accessories. You agree to return the vehicle in the same condition at theagreed time and place stated on the rental agreement.
1.4 The Company’s liability for any defect or failure of the vehicle is limited to the rectification of anydefect arising from normal usage.
1.5 The Company shall inspect the vehicle prior to hire and any damage found will be noted uponthe Rental Agreement. Before departure, the Customer is soley responsible for inspecting thevehicle and comparing the condition of the vehicle against the damage noted by the Company, anyadditional damage found should be bought immediately to the attention of the Company, before therental has started. The Company shall record any further damage identified by the Customer andonce the Customer is satisfied that a true representation of the condition of the vehicle has beenrecorded the rental can begin.Once the rental period has started the damage agreed by both partiesis final, the responsibility and cost of repair of any further damage identified at the end of the rentalis the sole responsibility of the Customer. Upon signing the rental agreement the Customer acceptsthe condition of the vehicle and is responsible for any losses, accidental and non-accidentaldamages to the vehicle. The Customer is responsible for all vehicle accessories, internal and external,andcommits themselves to refunding the Company the amount of any insuranceexcess charges, (see section 5) damage repair costs and or any losses incurred by the Company as a result. Upon return,should the vehicle require any repairs, refuelling or additional or exceptionalcleaning, then the fullamount will be debited from the card guarantee left by the Customer specifically for this purpose,this may in certain circumstances exceed the sum left as a guarantee, if this is the case, theCustomer, by signing the agreement, authorises the Company to take the balance, upto the full cost.
1.6 The Customer undertakes to ensure that the Company’s vehicles shall not be used for any purposebeyond its capability, capacity or in a manner that is likely to result in damage or unnecessary deterioration of the vehicle.These include:
1.6.1 carrying of passengers or cargo for remuneration
1.6.2 or any object or substance which because of its condition or odour may harm the vehicle
1.6.3 taking part in any race, rally or off road activity
1.6.4 any towing or pushing of any other vehicle or object
1.6.5 any illegal/unlawful purpose
1.6.6 any auto training
1.6.7 transport of animals/pets
1.6.8 smoking in the vehicle
1.7 Vehicles cannot be modified or altered in any way by the customer. Any modifications or alterationswill be charged at the cost of rectifying.
1.8 Any damage to or breakdown of a vehicle is to be reported to the Company within 24 hours.
1.9 Vehicles are not to leave the country of France without the consent of the Company.
2. Charges & Payments
2.1 Before the vehicle is issued to the Customer, the Customer must provide a valid Credit Card orDebit Card to the Company to be used as a deposit guarantee.
2.2 A pre-authorisation of a minimum of 250.00 euros will be made on the card. If the Customer hasnot accepted our Excess Protection and the Company has reason to believe that the Customer, ifrequired, has no means to repay the Excess, then the Customer will be required to leave a larger deposit upto the total amount of the applicable Excess, before the vehicle can be released.
2.3 This deposit is a pre-authorisation, its is not debited from the card and is released by us at the endof your rental, less any charges incurred by the Customer, for which the Customer will receive an itemisedreceipt. Your bank or card provider may choose to delay this release,if this is the case, thenyou will need to contact them directly.
2.4 The Customer upon giving these card details, and by signing the rental agreement, authorises theCompany to hold and to use these card details for the payment of any additional charges/costs arisingfrom this hire, further authorisation from the Customer shall not be requested or deemed necessary. An itemised receipt of any deductions made from the customers card will be issued to the customer.
2.5 The Company will not issue any vehicle for hire until full payment for the hire period is received.
2.6 The Customer must be at the agreed location at the agreed time for collection of the vehicle, Ifnot a penalty of 25€ per hour waiting time will be charged (not applicable due to flight delays).Failure to return the vehicle at the agreed time and place shall incur a penalty charge of 25€ perhour waiting time and/or the relevant 24 hour rate. The vehicle remains the responsibility of theCustomer until the vehicle is returned.
2.7 Hire charges are based on the period of the contract irrespective of whether or not the equipmentis in use.
2.8 All quotations and charges are made in €’s, the Company cannot be held responsible for anyfluctuation or changes in currency conversion rates.
2.9 In the event of an accident the customer is responsible for the full costs of recovery, storage,administration and other costs not covered by insurance of the vehicle.
2.10 In the event of a puncture wheel or tyre damage the customer must inform the Company andthe Customer is responsible for the cost of repair/replacement. If the Customer has purchased theBuggs tyre protection cover, then the cost of the replacement or repair will be reimbursed to theCustomer upon the receipt of a valid invoice.
3. Cancellation Charges
3.1 Buggs Cancellation ProtectionChoose the 'Buggs Cancellation Protection' option when completingyour booking form. The booking will then qualify for a 95% refund in the event that you need to cancel.Cancellation must be made no later than 4 hours before the agreed commencement time of yourreservation.
3.2 Standard cancellation Charges (without Buggs Cancellation Protection) 100% refund 56 days prior to hire commencement date 50% refund 28-55 days prior to hire commencement date 25% refund 7-27 days prior to hire commencement date 0% refund 1-6 days prior to hire commencement date. Admininstration charges are applicable.
4. Third Party Insurance cover
4.1 The Company has a legal requirement to provide third party cover and this is included in your rentalcharges.
4.2 Our insurance policy meets all legal requirements and protects us, you and any authorised driveragainst legal claims from any other person for death or personal injury or damage to any other person’sproperty caused by use of the vehicle.
4.3 In the event that any third party suffers death, personal injury or damage to property caused byuse of the vehicle which involves a breach by you or any authorised driver of any of the terms andconditions of this Rental Agreement, you agree to reimburse us in full for any payment the Companyor our insurers make to a third party on your behalf and/or any third party.
5. Insurance Excess
5.1 Our vehicles are covered by our fully comprehensive insurance, which is included in your rentalcharges. An Insurance Excess (see 'insurance' link on our website for current excess levels) is applicableon the standard policy in the event of an insurance claim and/or damage to the vehicle. The amountof the applicable Insurance Excess will be printed on the rental agreement.
5.2 In the event of damage/theft to a vehicle the Customer commits themselves to refunding theCompany the amount of the insurance excess charge, irrespective of who was driving the vehicle,irrespective of fault, irrespective of the amount of cost to rectify and irrespective of any third-partyexcess waiver insurance the Customer may hold. The Company may choose to reimburse theCustomer an amount should the costs to rectify and any associated costs incurred by the Companybe less than the excess amount. The hirer/driver must complete the supplied insurance accidentreport form (constat d’accident), this is essential to validate any insurance claim, without this theCustomer could be responsible for the full repair costs.
5.3 Buggs Excess Protection- on condition that the Customer complies with all the terms on thisagreement and that any damage or loss is not caused by negligence or intentionally by the Customeror by any authorised or unauthorised driver, the Customers liability to pay the relevant insuranceexcess will be limited if the Customer has purchased Buggs Excess Protection.
5.4 If the Customer has accepted the Buggs Excess Protection, then by paying the specified dailycharge, payment of the relevant insurance excess, in the event of any damage or loss, will be reducedby 75%. TheBuggs Excess Protection, does not include any damage to glass, wheels and tyres andvehicle undercarriage, for which the customer remains fully responsible and must reimburse theCompany in full.
5.5 If the Customer has accepted the Buggs Excess Protection Plus, then by paying the specifieddaily charge, payment of the relevant insurance excess, in the event of any damage or loss, will bewaivered in full. The Buggs Excess Protection Plus, does not include any damage to glass, wheelsand tyres and vehicle undercarriage, for which the customer remains fully responsible and must reimburse the Company in full.
5.6 The loss, damage and replacement of keys is not included in either option and the customerremains fully responsible for all replacement costs (10.9).
5.7 If the Customer chooses not to accept either of the offered Buggs Excess Protection packages,then the Customer will be liable to pay the Company the full Insuranceexcess relating to the vehicle,in the event of an insurance claim or damage to the vehicle. The Customer authorises the Companyto take the payment for this from the card the Customer has provided as guarantee. A receipt to theCustomer will be issued.
5.8 If the Customer chooses not to accept either of the offered Buggs Excess Protection packagesthen the customer may be requested to leave a larger guarantee than the standard guarantee (asdescribed in clause 2.2) before the rental can begin.
5.9 Buggs Excess Protection Packages are not available to under 25year old drivers, contact buggsfor further information.
5.10 If the Customer has accepted the Tyre and Glass Protection cover and by paying the specifieddaily charge, then the cost of repair or replacement will be reimbursed to the Customer by theCompany, upon receipt of the relevant and valid invoice.
5.11 The Company shall still reserve the right to charge administration costs if deemed applicableunder clause 5.
5.12 In the event of the Customer requesting additional information from the Company in relation toa third-party excess insurance claim, the Company shall charge the Customer the appropriate administration fees.
6. Refuelling Policy
6.1 The Company shall endeavour to supply the vehicle to the Customer with a full tank of fuel. The level will be noted on the Agreement prior to the hire period commencing. The Customer is solelyresponsible for checking the level of fuel before the commencement of the hire, no claim for refunds or shortfalls can be accepted by the Company once the hire has commenced and the fuel levelappears to have been incorrectly noted. The Customer accepts to return the vehicle with the amountnoted on the agreement. Any shortfall will be charged to the Customer at current pump prices, plus a refuelling fee.
6.2 When refuelling, the Customer is responsible for ensuring the correct fuel type is used. Shouldthe Customer refuel the vehicle with the incorrect fuel type, the Customer shall be responsible for allcosts of the recovery and repair of the vehicle and any associated charges the Company deem applicable.
7. Unlimited Mileage/Kilometres policy Unlimited kilometres are subject to a fair usage policy of 500km per 24hr period of the hire.Unlimited usage is not applicable to hirers whose main residence is in France. Customers whose main residence is within 150kms of the Buggs vehicle collection point are subject to a 250km limit per 24hr period with additional kms chargeable at 0.45 euros per Kilometre.
8. Accidents, Theft, Vandalism or Breakdown
8.1 All accidents, thefts, acts of vandalism or breakdowns must be reported to the Company within24 hours or the earliest opportunity there after.
8.2 The Customer, must by law, where possible, report any traffic accident involving the vehicle tothe police immediately and report any loss or damage within 48 hours. A supplied Accident ReportForm, must be completed by the hirer with any Third Party involved, this is a legal requirement in France and a requirement of our insurers.
8.3 In the event of an accident the Customer must not admit any liability, release any third party liability,settle any claim or accept any form of disclaimer, but take relevant names and addresses of everyoneinvolved, including any witnesses and photographs where possible.
9. The Customers Responsibilities
9.1 The Customer will be liable to the Company for all losses and costs incurred by the Company inthe event of loss, damage to or theft of the vehicle, its parts or accessories while on rental. TheCustomers liability may include the cost of repairs, loss in value of the vehicle, loss of rental income,towing, storage and recovery charges and an administration charge, which recovers our costs forhandling any claim arising from damage caused to the vehicle unless responsibility for the damagelies with the Company or has been determined by a third party or theirinsurers to lie with the thirdparty.
10. The Customer and The Company
10.1 On delivery the Customer and all additional drivers must hold a current full driving license, whichthe Customer/drivers has held for a minimum of 1 year and which corresponds to the category of thevehicle being hired, plus one other form of photo identification. This designation is subject to theapproval of the Company before the Customer is entrusted with the vehicle. Only this person isauthorised to drive the vehicle, plus additional drivers included on the Rental Agreement, as long asthey can also fulfill these requirements.
10.2 The Customer shall be responsible for the vehicle and ensure that it is locked, secure and useany security devices provided. You must always use seat belts, child safety seats (which althoughprovided by the Company must be fitted by the Customer) and any other safety system provided inthe vehicle.
10.3 The Customer shall be responsible for conforming to all motoring rules, regulations and laws.The Customer is responsible for the payment of any fines, road tolls or tra¥c violations incurredduring the hire period and the Company is legally responsible for passing all the relevant details ofthe hirer to the authorities when requested (law no. 2003-495 dated June 12 2003 art.81). An administrative charge will be made to the client by the Company for supplying this information to therelevant authorities and this will be deducted from the credit/debit card the client has previouslyused for the booking or the guarantee and therefore authorised us to use (2.2).
10.4 The Customer shall be responsible for conforming to our non-smoking policy in all our vehicles,a cleaning charge will be made where evidence of smoking has been found.
10.5 The Company cannot be responsible for any injuries to personnel or loss or damage to propertyconsequential to and arising from the use of a vehicle by the customer.
10.6 In the event of a vehicle not being available for hire due to unforeseen circumstances beyondthe control of the Company, the Company reserves the right to substitute or cancel an agreement atany time.
10.7 The Company will not be responsible for any delays resulting from mechanical breakdowns, anyother incidents or accidents. The Customer, cannot, under any circumstances make a claim againstthe Company, for damages for delays in the delivery of the vehicle, cancellation of the hire or immobilisation during the hire.
10.8 The Company reserves the right to take back the vehicle at anytime if you are in breach of anyconditions of this rental agreement.
10.9 The Customer is responsible for the safe keeping of the vehicle keys, if lost or damaged a minimum200€ fee for replacement keys is applicable and any other additional costs.
11. Applicable Law
11.1 The Company will always try to resolve all disputes amicably, but when this proves impossible thelaw of France shall apply.
11.2 Should any part of these Terms & Conditions prove to be unenforceable, for any reason, theremainder of the Terms & Conditions shall remain unaffected.able, for any reason, the remainder of the Terms & Conditions shall remain unaffected.