GENERAL TERMS AND CONDITIONS OF VEHICLE RENTAL

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These general terms and conditions of vehicle rental are offered by GET REGIE, SAS with a share capital of 20,000 euros, registered with the Bobigny Trade and Companies Register, having its registered office at 6, chemin latéral au Chemin de Fer 93500 Pantin, in the person of its legal representative (the " Service Provider ").

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ARTICLE 1. Subject

By the present agreements, the Provider leases to the Hirer, under the conditions specified below, the vehicle or vehicles (the " Vehicle(s) ") designated in the quotation accepted by the Hirer.

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ARTICLE 2: Terms and conditions

At the Tenant's option, the Tenant may have the leased Equipment delivered to or take possession of it directly at the Landlord's premises.

2-1. Vehicle reservation

All reservation requests are subject to a quote valid for 48 hours from the date of the request. The quote must be validated by email or electronic signature. In the absence of a quotation validated by the Service Provider, no reservation can be made. 

The reservation of Vehicles implies full acceptance of these terms and conditions. 

Unless there is an express special condition specific to the order, payment of the security deposit is madé by means of a cheque for 2000 euros given to the Service Provider before the Vehicle is collected.

The cheque representing the security deposit may either be returned to the Tenant at his request at the end of the rental period, or retained for future projects by the Provider for a period of 1 year subject to the Tenant's agreement.

2-2. Removal

Unless otherwise agreed, the Renter shall collect the Vehicle from the Service Provider's premises either directly or through a third party. 

The Vehicle is available on the days and at the times agreed between the Parties and/or during the Service Provider's opening hours. 

The Tenant shall not be entitled to any discount in the event of a delay in collection. 

For any delay in the return of Vehicles, the Hirer will be invoiced for the additional delay, on the basis of the non-discounted rate.

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ARTICLE 3 Obligations of the Tenant

3-1. Driver's license and age

The Hirer acknowledges and accepts that the drivers of the Vehicles must hold a valid driving license corresponding to the tonnage and category of the Vehicle(s) they are responsible for driving.

Vehicle drivers must be at least 21 years old and have held a driver's license for at least one year. 

Proof of the validity of the driver's license must be provided at the time of collection by presenting the original driver's license.

3-2. Subletting

The Tenant shall not sublet or lend the Vehicle(s) covered hereby.

3-3. Conditions of use of Vehicles

The Hirer is strictly forbidden to smoke in the Vehicles. 

Daily mileage is set at 100 kilometers. Beyond that, the price of each additional kilometer will be charged at 0.20 euros excluding VAT.

The Hirer undertakes to return the Vehicle with the same level of fuel as when it was picked up. In the event of a lower level, a liter of fuel will be invoiced at the price of 2.50 euros (excl. VAT)/Liter.

Before each departure, an inspection of the Vehicle will be carried out and recorded by GET REGIE. This will give rise to a contract signed by both parties using a computerized system proposed by the Service Provider.

The hirer remains solely responsible for any fines, criminal offences or customs proceedings brought against him/her. The hirer undertakes to declare to the lessor any offence committed during the rental period, and to provide the lessor with a copy of any official report drawn up.

If a driver's license point is withdrawn, the rental company will be obliged to report only the driver(s) registered on the vehicle's departure contract.

Depending on the condition of the Vehicle when it is returned, the Service Provider may charge a fixed fee of 60 euros (incl. VAT) if the Vehicle is deemed to be dirtier than for normal use. 

Breakdowns not caused by an accident or a technical incident involving the vehicle or its equipment will be invoiced to the Hirer.

If the Hirer wishes to use the vehicle outside mainland France, he/she must contact the rental company. In this case, the additional costs of any intervention, including repatriation of the vehicle to the FRAIKIN agency closest to the border, are borne entirely by the Hirer.

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ARTICLE 4 Liability

As custodian of the rented Vehicle, the Renter may be held liable in particular in the event of damage to the Vehicle. Consequently, the Hirer shall use the Vehicle in accordance with its intended purpose and with the operating manuals provided by the Supplier, if these documents have been requested by the Hirer.

The Hirer expressly acknowledges that he/she is responsible for all risks that may occur to the rented Vehicle belonging to the Service Provider, including in the event of force majeure and acts of God.

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ARTICLE 5 Insurance

The Vehicle will be insured under this contract by the Service Provider's insurance company. 

However, the Tenant remains responsible for taking out third-party liability insurance. 

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Without prejudice to the foregoing, the Service Provider offers a partial excess redemption system at 40 euros (excl. VAT) / day: 

- cost of outstanding deductible limited to €600 excluding VAT (to be paid by the Tenant) 

- Damage caused to the vehicle in the event of an accident without a third party declared by the Renter, or resulting from theft, attempted theft or fire, will be charged to the Renter at the actual cost, capped at the amount of the contribution to expenses of 2,000 euros excluding VAT, or the amount of the repairs if this is less than the amount of the deductible. 

- the cost of the deductible without partial deductible buy-back is €2,000 (payable by the customer). 

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The following categories exclude any impact from height or from below: 

- Top definition for vehicles less than 2.1m high: any impact above the highest part of the mirror. 

- High definition for vehicles over 2.1m in height: any impact above the highest part of the windshield. 

- Bottom definition for all vehicles from minibuses to 15.5m3: any impact below half the tire diameter 

- Definition of low part for all vehicles with bodies from 22m3 to HGV: any impact below the lowest part of the body.

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Without this deductible buy-back, the customer will be liable for any loss or damage to the vehicle, its equipment or accessories up to the 2000 euro deductible. 

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The contribution to specific glass breakage costs is 250 euros excluding VAT.

Any damage (mechanical, bodywork, paintwork, accessories) will be charged to the Hirer.

Transported goods and merchandise are not insured.

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ARTICLE 6 Claims

In the event of a claim, the Tenant undertakes to notify the Service Provider within 24 hours, without prejudice to the declaration to be made to the Insurance Company within the stipulated time.

In any event, in the event of a claim : 

-Provide the Hirer with the accident report drawn up by the driver for and on behalf of the Hirer, duly signed by the driver and the third party involved, the deposit in the case of an unidentified third party, as well as, in the case of injury(ies), the reference of the police or gendarmerie report and the driver's declaration;

-In the absence of an amicable report, provide the Service Provider with a detailed statement of the causes and consequences of the loss;

-Present the damaged vehicle to the Fraikin branch or the Service Provider as soon as possible or inform the Service Provider of the location where the Vehicle can be seen.

-Inform the Service Provider of any judicial or extra-judicial act. 

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ARTICLE 7: Financial terms and conditions

The total price of the Vehicle rental includes all charges.

The full price is payable via a web link from the time of pick-up.

In the event of cancellation of the Vehicle reservation less than 48 hours before the pick-up date, the Hirer will be liable to pay compensation equal to 50% of the cost of the Vehicle reservation, including VAT. 

In the event of non-payment by the due date or in the event of deterioration, the Service Provider reserves the right to cash the security deposit cheque in order to collect all or part of the sums owed by the Hirer, including late payment penalties due on the day of collection and any additional invoices added to the accepted purchase order (late return, deterioration of the rented Vehicle, etc.).

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ARTICLE 8. Penalties for late payment

Unless postponement is requested in good time and granted by the Service Provider, any delay in payment of all or part of a sum due on the due date will, by agreement, bear interest in the amount of 10% of the invoice.

The parties agree that this rate is calculated on a prorata temporis basis for periods of one calendar month, and that each month started is counted as a full month.

If the Service Provider were to entrust the collection of its debt to a third party, the Tenant would be liable, in addition to this interest on arrears, for the reimbursement of costs and fees incurred.

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ARTICLE 9. Confidentiality

The Parties undertake, by way of a confidentiality clause, for the duration of the present contract and without limitation of time after its expiry, for a period of 5 years after the expiry of the present contract, for any reason whatsoever, to maintain the strictest confidentiality, refraining from disclosing, directly or indirectly, any information, knowledge or know-how concerning their co-contractor and their operating procedures, to which they may have had access in the course of performing the present contract, unless said information, knowledge or know-how has fallen into the public domain or its disclosure is made necessary by virtue of a specific regulation or an administrative or judicial injunction.

They also undertake to ensure that this obligation is respected by all the members of their staff concerned, for whom they stand as guarantors.

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ARTICLE 10. Duration

These terms and conditions shall remain in force for the duration of the contractual relationship between the Parties.

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ARTICLE 11. Return of the Vehicle

At the end of the contract, for whatever reason, the Vehicle must be returned immediately to the Supplier, at the Hirer's expense and risk.

Unless otherwise agreed, the Vehicle will be returned under the same conditions as it was delivered or collected. 

Furthermore, the Renter undertakes to return the Vehicle in the condition in which it was at the start of the rental period, subject to the ageing inherent to the rental period in question.

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ARTICLE 12: Anticipation

In the event of a change in circumstances unforeseeable at the time of conclusion of the present contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the present contract from its co-contractor.

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ARTICLE 13. Exception of non-performance

Pursuant to article 1219 of the French Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party fails to perform its obligation and if such non-performance is sufficiently serious, i.e. likely to jeopardize the continuation of the contract or fundamentally upset its economic equilibrium. The suspension of performance will take effect immediately, on receipt by the defaulting Party of the notification of default sent to it to this effect by the Party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.

This exception may also be used as a preventive measure, in accordance with the provisions of article 1220 of the French Civil Code, if it is clear that one of the Parties is not fulfilling its obligations on the due date, and that the consequences of this non-fulfilment are sufficiently serious for the Party suffering from the default.

This option is used at the risk and peril of the Party taking the initiative.

The suspension of performance will take effect immediately upon receipt by the Party presumed to be in default of the notification of the intention to apply the exception of preventive non-performance until such time as the Party presumed to be in default performs the obligation in respect of which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.

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ARTICLE 14. Force Majeure

The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.

The obligations of the parties will then automatically be suspended.

The party observing the event must immediately inform the other party of its inability to perform and justify this to the latter. The suspension of obligations shall under no circumstances give rise to liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.

However, as soon as the cause of the suspension of their mutual obligations has disappeared, the parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the suspended party shall notify the other party of the resumption of its obligations by registered letter with acknowledgement of receipt or by any extrajudicial act.

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ARTICLE 15. Termination of contract

Termination for non-performance of a sufficiently serious obligation

In the event of non-compliance by either party with its obligations under this contract, the contract may be terminated at the discretion of the aggrieved party.

The services exchanged between the Parties since the conclusion of the contract and until its termination having found their utility as and when the mutual performance thereof, they will not give rise to restitution for the period prior to the last service not having received its counterpart.

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ARTICLE 16. Applicable law - Language of the contract

By express agreement between the parties, this contract is subject to French law, to the exclusion of any other legislation.

It is written in French. Should it be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

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ARTICLE 17. Invalidity and independence of clauses

The possible annulment of one or more clauses of the present contract by a court decision shall not affect the other stipulations, which shall continue to produce their full and entire effect insofar as the general scheme of the present contract can be safeguarded.

In the event that the performance of one or more of the clauses herein is rendered impossible as a result of its cancellation, the Parties will attempt to reach agreement in order to establish a new clause whose spirit and letter will be as close as possible to the former clause, with the other stipulations herein remaining in force.

Should this not be the case, or should the general structure of the present contract be fundamentally altered, the Parties may, by mutual agreement and in writing, cancel the present contract in its entirety.

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ARTICLE 18. Disputes

For any dispute arising from the performance of the present contract, the most diligent party will refer the matter to the competent courts.

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ARTICLE 19. Election of domicile

For the performance of the present contract and its consequences, the parties respectively elect domicile at their registered offices or addresses indicated at the head of the present contract.