RICMU Locations (hereinafter "The Lessor") rents to the Client ("The Lessee") whose signature appears on the front, the passenger or utility vehicle (hereinafter the "Vehicle" identified on the front). This rental is granted under these general conditions and the specific conditions specified and codified on the front, which the Lessee accepts and undertakes to observe:
1. CONDITIONS TO BE MET TO RENT A VEHICLE
Every driver must be at least 21 years old and hold a valid driver's license for more than one year. A Young Driver surcharge will be required for any driver aged between 21 and 25, and the deductible/security deposit is doubled. In case of theft or loss of the license, only the original declaration made to the Police or Gendarmerie authorities will be recognized as an official document (valid for two months).
As an individual, you must present: a bank card in your first and last name and a piece of identification.
As a company, you must also present: a power of attorney authorizing the main driver to rent the vehicle on behalf of the company if they are not the legal representative of the company, a K BIS extract less than three months old, a company bank identity statement (RIB), and a purchase order signed by the company's legal representative mentioning their RCS number.
2. PROVISION AND RETURN OF THE VEHICLE
The vehicle is made available to the lessee at a RICMU Locations station; it must be returned to the location, on the date, and at the time specified in the contract during the opening hours of RICMU Locations agencies. In the event that the lessee is authorized to return the vehicle elsewhere than in a RICMU Locations agency, the lessee will remain fully responsible for the vehicle until RICMU Locations has taken charge of it. For any provision of a vehicle outside of the opening and closing hours displayed in RICMU Locations agencies, additional delivery or return fees will be charged to the lessee during the establishment and/or closing of the contract.
3. CONTRACT DURATION
The rental is granted for a fixed period specified on the front of this contract. In case of contract extension, you must go to an agency, pay for the rental, and sign a new Rental Contract. If the vehicle is not returned to RICMU Locations at the agreed deadline, in the absence of a written agreement for a possible extension, the lessor reserves the right to repossess the vehicle wherever it may be and at the lessee's expense, without the latter being able to claim an abusive breach of the rental. RICMU Locations will charge you daily non-return fees plus the current rental day. Rental days are billed in 24-hour periods. Beyond a grace period of 29 minutes per contract, an additional day will be billed at the current public rate. The lessee's responsibility is engaged until the return of the vehicle and the closing of the contract by RICMU Locations.
4. PAYMENT TERMS
The Lessee is jointly and severally liable for the payment of the rental cost. The estimated cost of the rental and services is payable in advance. It includes: the rental price, calculated according to the rates in force at the time of reservation or signing of the contract; any fees or costs for additional options accepted by the lessee; the various contributions relating to additional guarantees or insurance taken out; plus the security deposit.
IN THE CASE OF PAYMENT BY BANK CARD, THE LESSEE ACCEPTS THAT THE COMPANY RICMU LOCATIONS MAY DEBIT THEIR BANK CARD FOR ADDITIONAL COSTS NOT SETTLED UPON RETURN OF THE VEHICLE. IN CASE OF EARLY TERMINATION OF THE CONTRACT, THE COMPANY RICMU LOCATIONS WILL NOT ISSUE A REFUND.
5. DEFAULT OF PAYMENT
Late payment and reminders: fixed compensation of 40 euros (Art L441-6 of the Commercial Code). Collection costs amount to 20% of the invoice amount due. In case of exceeding the payment deadline indicated on the invoice by the due date, the lessee will be liable for a late penalty equal to 3 times the legal rate in force increased by 50%. The lessee expressly accepts that a payment default or any unpaid amount results in the forfeiture of the term for invoices not yet due and the termination of the contract by right. RICMU Locations will demand the immediate return of the vehicle(s) currently being rented.
6. FORFEITURE OF GUARANTEES
Under risk of being excluded from the insurance guarantee, the lessee undertakes that the vehicle shall not be used:
- By persons other than themselves or those authorized by RICMU Locations, for whom they stand guarantor, in accordance with Article 1384 of the Civil Code.
- By a driver under the influence of alcohol or under the effect of substances that modify the reflexes essential for driving.
- To propel or tow any vehicle or trailer.
- In the context of competitions.
- To be sub-rented.
- For the paid transport of passengers.
- For transporting a number of passengers greater than authorized.
- For a load whose weight exceeds the payload of said vehicle.
- To give driving lessons.
- To transport dangerous goods (flammable or explosive) or goods that may emit bad odors.
Furthermore, the lessee may under no circumstances assign, sell, mortgage, or pledge this contract, the vehicle, its equipment, or its tools, nor treat them in a way that harms RICMU Locations.
7. USE AND DRIVING OF THE VEHICLE
The lessee must drive the Vehicle with caution and in accordance with the highway code and other regulations. THE VEHICLE MAY ONLY BE USED WITHIN THE DEPARTMENT OF FRENCH GUIANA OR REUNION ISLAND depending on the agency where the vehicle was collected. In case of non-compliance with these conditions, you will be liable for fixed compensation of €5,000 as well as for all expenses we may suffer or incur due to your breach.
TRAFFIC VIOLATIONS: Under the Highway Code, as the lessee of the Vehicle, you are financially responsible for non-compliance with the Highway Code and must pay any fines imposed during the rental period yourself within the required deadlines. Failing this, RICMU Locations will communicate your details to the Police Court, which will send you the increased fine notice. In all cases, RICMU Locations will charge you, for each violation, a fixed administrative processing fee of €30 incurred by RICMU Locations to communicate your details and send you the increased fine or violation notice. The vehicle may be equipped with a tracker.
8. FUEL
Fuel is at the expense of the lessee. If the vehicle is returned with a fuel level lower than that at delivery, a refueling fee of 20 (twenty) euros will be charged in addition to the missing fuel. RICMU Locations declines all responsibility in the event of a fuel error by the lessee. Furthermore, towing fees and draining fees will remain the responsibility of the lessee, as well as any replacement of damaged parts. Upon departure, you can subscribe to the "FULL FUEL OPTION" available at RICMU Locations agencies.
9. LIABILITY IN CASE OF DAMAGE TO THE RENTED VEHICLE
The lessee and any authorized drivers undertake to participate as insured parties in an automobile insurance policy, a copy of which is available to the lessee at the RICMU Locations head office. This policy covers unlimited damages against third parties according to the regulations in force. The lessee, by this contract, agrees to said policy and undertakes to observe its clauses and conditions. Furthermore, the lessee undertakes to take all useful measures to protect the interests of the lessor and the lessor's insurance company in the event of an accident during the term of this contract, and notably:
- To report to RICMU Locations within 24 hours any accident, theft, damage, or fire and immediately alert the police authorities for any theft or bodily injury;
- To mention in the claim report the circumstances, names and addresses of any witnesses, the name and address of the opposing party's insurance company, and the policy number;
- To attach any police or gendarmerie report, complaint filing receipt, etc.;
- To under no circumstances discuss liability, nor settle or compromise with third parties;
- To not abandon said vehicle without taking care to ensure its safeguarding and safety.
In the event of a claim with damage to the vehicle resulting from a collision with an identified or unidentified third party, or with a fixed or mobile body, a deductible according to the current rate will remain the responsibility of the lessee if their liability is partially or fully engaged. If the amount of damage caused to the RICMU Locations vehicle is less than the amount of the deductible, RICMU Locations undertakes to reimburse the lessee the difference within 30 days. In the event of an at-fault claim, the driver is liable for fees totaling €310, corresponding to: Appraisal fees, Immobilization fees, and File processing fees. You will be mandatory liable for towing costs. Failure to submit a mutual accident report or a claim declaration within 24 hours will result in the full billing of subsequent repairs.
10. LIABILITY IN CASE OF THEFT
In case of theft of the vehicle, it is covered by the lessor's insurance company, subject to compliance with these conditions and on the condition of returning the keys, the vehicle's onboard documents, and the complaint filing certificate for theft issued by the competent authorities, and provided that additional insurance has been taken out, within the limit of the current deductible. Failure to return the vehicle keys following its theft will result in the billing of the market value of the vehicle to the lessee. The vehicle is only insured for the duration of the rental indicated on the front. After this period, RICMU Locations declines all responsibility for accidents the lessee may have caused, for which they must take personal responsibility.
11. DAMAGE TO PROPERTY
RICMU Locations cannot be held responsible for the loss or damage caused to property left inside the vehicle, whether during or after the rental period.
12. RETURN OF VEHICLES
If you return the Vehicle outside the agency's opening hours and/or drop the Vehicle keys in the RICMU Locations agency's mailbox, you retain responsibility for it and are liable for the rental amount and any damages attributable to you (notably those suffered by the Vehicle) until the agency reopens. In the event that RICMU Locations agrees to travel to collect the Vehicle ("delivery-collection" option), you retain responsibility for it and are liable for the rental amount and any costs related to damages suffered by the Vehicle until the Vehicle is taken over by RICMU Locations. RICMU Locations can under no circumstances be held responsible for property you may forget in the Vehicle at the end of the Rental Contract. Cleaning fees may be claimed if the tolerance threshold is exceeded.
13. INSURANCE AND ADDITIONAL PROTECTIONS
By renting a Vehicle, the occupants of the Vehicle (drivers and passengers) systematically benefit from "third-party liability" insurance. Third-party liability insurance guarantees the financial consequences of bodily or material damage that the driver and passengers of the Vehicle may cause to third parties while in the Vehicle. It also covers damages suffered by the passengers of the Vehicle. It does not guarantee: bodily injury suffered by the driver of the Vehicle (notably in an accident); damage caused to the Vehicle; damage caused to goods, objects, and animals transported in the Vehicle.
You remain responsible for material damage suffered by the Vehicle and theft of the Vehicle. To protect you from these inconveniences, RICMU Locations offers you the option to take out additional protections. Subscribing to theft and collision protection can reduce liability to a certain deductible in case of damage or theft of the vehicle. If the lessee takes out theft and collision protection, they are responsible, depending on the vehicle, for a deductible of EUR 900.00 to EUR 15,000.00. In case of damage by gross or intentional negligence or inattention, the rights relating to partial coverage (including anti-theft protection) are lost. In case of non-compliance with the Rental Conditions, the highway code, or misuse of the vehicle, any additional protections taken out are inapplicable.
In this case, you are responsible for all damages attributable to you (notably those suffered by the Vehicle up to the market value of the Vehicle plus the fees and costs related to its immobilization). If no full coverage (including anti-theft protection) has been taken out, the lessee is responsible for all damages caused to the rental vehicle not observed by others, and must answer for the total value of the vehicle.
14. TERMINATION OF CONTRACT
Non-compliance by the lessee with the rental conditions will result in the termination of the rental without prejudice to any damages that may, if applicable, be claimed by RICMU Locations.
15. APPLICABLE LAW - JURISDICTION
The general and specific conditions of this rental are governed by French law. By express agreement and subject to the mandatory legislation in force, the territorially competent commercial court in French Guiana or Reunion Island shall have sole jurisdiction for any dispute relating to this contract concluded with persons having the status of merchant. The lessor may, however, waive the benefit of this clause, in which case disputes will be brought before the competent jurisdictions according to common law.