SECTION I : GENERAL RENTAL CONDITIONS
ART. 1 – DURATION-EXTENSION:
The renting of a vehicle is concluded for a definite period explicitly stated in the contract. The extension of the rental period shall take effect only if an additional clause is signed between the renter and Tahiti Easy Car before the date of expiration of the contract .By keeping a rented vehicle abusively, the renter is liable to be sued and loses the benefits of the contract. The renter must bring the car back to the departure station otherwise he will pay an extra charge. The renter shall also incur the penalties stated under Art. 7 and Art. 13.f.
ART. 2 – WEEKLY TECHNICAL CONTROL:
The renter agrees to bring the rented vehicle to Tahiti Easy Car each week for a free technical control. Tahiti Easy Car reserves the right,to replace or exchange the customer vehicle if it has to be immobilized or if the control should last longer than fifteen minutes. Not complying with his agreement may engage the renter’s liability for any damage caused by technical failure.
ART. 3 – RECEPTION OF THE VEHICLE – RESERVES:
The renter hereby acknowledges having taken over the vehicle in perfect running condition and in a perfect state of cleanliness,. He or she agrees to let Tahiti Easy Car know without delay of any defects that he or she might find. Non-compliment with this agreement may render the renter liable after expertise, for the damages caused by or aggravated by the continued use of a defective vehicle.
ART. 4 – LIABILITY FOR EQUIPMENT:
The equipment of the rented vehicle is in good working condition. The renter is responsible for its loss or for any deterioration and will have, if this be the case, to replace it at cost price.
It should be noted that our rates DO NOT include the following:
b- Expenses related to delivering a copy of the keys to the renter at the renter’s request
Expenses related to towing, and that even in the event of a subscription to the SCDW
c- Penalties, and impounding charges
d- Punctured tires,
and Rim damages
e- Damaged or stolen accessories
Damages that occur underneath the car
f- Expenses related to the immobilisation of the vehicle in case of accident should the liability of the renter be engaged
ART 5 – MINIMUM DAILY RATE:
Taking charge of a vehicle means accepting to pay the minimum daily rate defined hereafter, however short the period or time may be .
a- Valid in Moorea only: 4-hour and 8-hour rate : The minimum rate is 4 hours.If the vehicle is kept for longer than 4 hours, the 8-hour rate becomes effective, even if the actual length is comprised between 4 and 8 hours. Also, that is effective for a return of the vehicle before 5 PM, which Is the closing time of our main office in Moorea.
b- valid in Tahiti and Moorea: 24-hour rate: Renting is available for periods of 24 hours, with a margin of 45 minutes for the returnFor periods longer than 24 hours, the 4-hour and 8-hour rates are NOT applicable. The extra hours shall be charged at a rate of 1/3 (one-fifth) of the daily rate quoted, excluding taxes. When the extra hours exceed the number of 3, a full day shall be charged at the daily rate quoted.
ART 6 – FUEL
Fuel replenishment of the tank is entirely at the charge of the renter. When taking over the vehicle, the quantity of fuel is indicated in the contract. The client shall return the vehicle with the same quantity of fuel.
If the vehicle is returned with less fuel the difference will be billed to the client at the rates applied by Tahiti Easy Car. Any excess fuel will not be reimbursed.
ART. 7 – PENALTY CLAUSE:
If the renter does not comply with Article 1, he or she shall be liable to Tahiti Easy Car for the equivalent of a 24-hour rate per day of delay, plus a penalty of 20% of the total due. Any discounts or rebates granted shall become immediately ineffective. If Tahiti Easy Car is forced to sue the customer for unpaid renting, or repairs for which he was responsible, Tahiti Easy Car WILL BE ENTITLED TO A FIXED INDEMNITY OF 30% in excess of the amount legally claimed. This shall also be the case even if the legal action goes no further than an order to pay by registered letter or a summons.
ART.8 – FRAUD
In case of tampering with the mileage counter, 200 kilometres per day will be charged to the hirer as well as the cost of repairing the mileage counter.
SECTION II : GENERAL INSURANCE CONDITIONS
ART. 9 – SCOPE OF THE COVERAGE
The rented vehicle is meant to be used exclusively on paved roads, whether public or private, which are normally open to car traffic, and on the sole islands of Tahiti and Moorea.. .It is formally forbidden to drive a rental vehicle on dangerous and/or unpaved roads such as the Road to the Waterfalls or the “Pineapple Road” in Moorea, or the Maroto Valley in Tahiti, Mont Marau etc.. That prohibition applies even if the rented vehicle in question is a 4WD. Any infringement to this prohibition shall render the renter fully responsible for any damage caused to the vehicle, regardless of the insurances the renter has subscribed to. The vehicle is rented and is insured under the standard terms of warranty covering self-driven vehicles and under the special terms as specified in the insurance policy which are available upon request at the Tahiti Easy Car office. The main terms in the insurance policy are pointed out hereun- der for easy reference.
ART 10 – INSURANCE COVERAGE
Two types of insurance coverage are included in our rates, as well as the possibility of subscribing, at a fixed daily premium, to an additional coverage under specific conditions (Art. 11)
a- Damages caused to third parties (third party liability): the vehicle is covered against damages caused to third parties in case of an accident. It is understood that damages to the renter himself on to the rented vehicle are excluded from this coverage. Fines and other consequences of the renter’s criminal liability remain at the renter’s expense;
b- Damages caused to the rented vehicle, which implies a deductible : coverage against damages to rented vehicle following theft, broken windows, explosion, fire or accident with a deductible. The amount of the deductible is set both on the basis of the type of vehicle rented and of the age of the driver at the time of signature of the rental contract, subject to the conditions stated under Articles 12 and 13.
ART. 11 – CATEGORIES OF DRIVERS AND TERMS OF
To be eligible to rent a car, the driver must be at least 21 years old and must have a valid driver’s license issued at least one year prior to the rental day.
The driver must own a credit card or provide enough financial guarantees. Drivers are classified in three categories:
a- Drivers over 21 and under 23: third party liability coverage only;
b- Drivers over 23 and under 25, holder of a driver’s license issued between one and two years prior to rental: third party liability coverage, possibility to subscribe to a damage liability coverage but including a deductible labelled “young driver deductible”.
c- Drivers over 25 and under 70 years old with a driver’s license issued over 2 years prior to rental day: third party liability coverage, damage liability coverage including a deductible and access to subscription to an insurance with no deductible.
d- Drivers over 70 years old: third party liability coverage, damage liability coverage with a deductible and access to insurance with no deductible. Mandatory revalidation of driver’s license issued by agreed institutes required.
ART 12 – REPORTING OF ACCIDENT
Any damage caused to the vehicle must be reported IMMEDIATELY to Tahiti Easy Car.The renter must come to the nearest Tahiti Easy Car office in Papeete, 56 rue des Remparts, Pont de l’Est, except in the 2 following situations : hospitalisation or being kept by the police services .
In these 2 cases the renter must come to the Tahiti Easy Car office when getting out from the police services or at the end of the hospitalisation. Any renter who does not comply with this obligation shall be deemed responsible for all damages and consequences. The renter is, also, fully responsible should he or she fail to present a formal accident report duly filled in and signed by the third party, in case of an accident involving someone else. Tahiti Easy Car shall keep the deposit, which is in the amount of the deductible, until the final decision of the insurance companies concerning the driver’s responsibility. Only then, and only if the renter’s responsibility in the accident is released, a partial or full reimbursement of the amount of the deposit will be effected to the account of the renter. Failure to present a fomal accident report duly signed shall engage a charge to the renter and that even in the case of subscription to the SCDW. In case of accident, Tahiti Easy Car will treat a damage file report. Fees of 3000 cfp will be asked to customer even in case of SCDW and SCDW PLUS insurance subscription (art.15)
ART 13 – EXCLUSIONS OF LIABILITY COVERAGE
In addition to the exclusions specified in the “Standard Terms” of the policy held in the Tahiti Easy Car offices, the renter shall be fully responsible for third party liability, under the following circumstances, which exclude any and all guarantees.
a- Damages caused willfully, with malicious intent or due to an inexcusable fault.
b- Damages caused in particular in the event of river crossing, penetration in sea water, sinking, overturning of the vehicle, driving on roads not suitable for urban vehicles, failure to report the vehicle for the weekly technical control.
c- Damages caused by driving under the influence of alcohol or after the use of non-prescribed drugs as well as damages caused by any passenger under such influences.
d- Damages caused in the event that the vehicle is stolen when Tahiti Easy Car is unable to obtain the car case of theft of the vehicle if renter is unable to immediately present the keys to the vehicle.
e- Damages caused when the vehicle was being driven by a person not designated in the rental contract
f- Damages caused when keeping a car abusively by not reporting to an Tahiti Easy Car office to officially extend the rental period.
ART 14 – FINES
The client shall be responsible for the payment of fines if he or she has infringed the rules of Traffic Law in the country;
ART. 15 – SCDW
& SCDW PLUS
This SCDW Insurance is available as an option and at an extra premium rate, and it allows for the suppression of the deductible in case of damage to the rented vehicle. Subscription to this damage liability coverage is available only for drivers of Category 3 (please refer to Article 11.c).
This insurance coverage includes damages to the rented vehicle, and include damages to the outside of the vehicle, glass breakage
This insurance coverage DOES NOT INCLUDE fuel, police fines and expenses related to towing the vehicle.
You can choose for the SCDW Plus which includes the Rim and Tire in addition of the SCDW terms
ART. 16. – VOUCHING AND RESPONSIBILTY
Any person or entity who vouches for a renter is held responsible at the same level of liability as the renter is, and shall be held responsible and liable to Tahiti Easy Car for any and all obligations of the renter with no further negotiation for the payment of the total amount due to Tahiti Easy Car by the renter.
ART 17 – JURISDICTION
Any dispute arising from this contract shall be submitted to the competent courts of French Polynesia.
Article 18: TRACKER GPS DEVICE
Some vehicles have a system of real-time geolocation of vehicles; these are identified on your rental agreement next to the model of the vehicle linked to the registration by the men5on “TRACKER GPS” or “GPS TRACKER”. This on-board device allows the company Tahiti Easy car to facilitate assistance to vehicles, allow management of the`s, breakdowns and accidents suffered by vehicles by determining the geographical position of the vehicle.By signing the rental agreement, the renter acknowledges having been informed of the installation of the aircra` and accepts the terms and the use to be made by the company Tahiti Easy Car The recipients of this treatment are the services of Tahiti Easy Car and its subcontractor in charge of the implementation of the geolocation system
In the event of disassembly of the GPS or manipulation of its system by customer, Tahiti Easy Car reserves the right to carry out an additional invoicing including all the expenses inherent to the restoration of the device.In case of delay in the actual payment of the rent, the company Tahiti Easy Car reserves the right to demand the payment of late payment interest, calculated monthly, on the basis of the legal rate, plus the sums due, and if necessary of to be reimbursed, in addition, by the tenant, all bank charges and / or recovery costs incurred, all without prejudice to his right to terminate the contract. the renter acknowledges having been informed that in case of delay, and this, from the first unpaid, that the Company Tahiti Easy Car reserves the right to use the GPS Tracker to make the vehicle unusable and proceed to its seizure on the place where he will be. The renter cannot claim any remission, extension or reduction of the rent, nor to cancellation or damages from the company Tahiti Easy Car in connection with this seizure, resulting from his financial incapacity to honor his contract. In addition, the tenant will bear all costs inherent in the delay and seizure fees by a third party (collection agency and / or tug). Tahiti Easy Car, undertakes to respect the privacy of the customer and to protect his personal data. GPS Tracker data is served every 30 days.
Ar#cle 19: TREATMENT OF PERSONAL DATA
In the context of this contract, we are brought as data controller to collect personal data of the Customer (the person named in the rental agreement, the drivers and any person making a payment for the rental) for several purposes: -To provide you with the rental services, which includes the possibility for us to carry out the relevant controls in terms of identity, security, driving license. -To allow us to bill our services. -To allow us to manage the claims. -To ensure the safety of our fleet and record that the vehicle has le` the rental location or has been returned to us. This purpose responds to a legitimate interest. The data collected is identification data: surname, first name, address, telephone number, copy of driver’s license, banking data and location data by our GPS plo;ers. The data collected for the execution of the contract are kept for the duration necessary for the execution of the contract, the invoicing and the duration of the possible guarantees, then they will be archived during 7 years as from the extinction of the contractual obligations, except if: • A longer shelf life is allowed or imposed by a legal or regulatory provision; • The client has exercised, under the conditions set out below, one of the rights granted him by law.
These provisions do not apply to GPS tracker related data, which is automatically deleted a`er 30 days. Access to personal data will be limited to the data controller’s employees, who are authorized to treat them by reason of their duties. However, the informa5on collected may be communicated to third parties linked to the firm by contract and located within the EU territory, and outside the EU territory for the performance of subcontracted tasks, or for the purposes of processing your booking through the booking system. This information may also be disclosed to third parties such as police and pay parking managers, in case of infringement or to investigate accidents and the`. Being here specified that if we were led to transfer data to subsequent subcontractors located outside the EU territory the wri;en and specific authorization of the Customer would be solicited prior to any such transfer. In accordance with the law n ° 78-17 of January 6, 1978 rela5ng to data processing, files and freedoms, as modified by the law n ° 2004-801 of August 6, 2004, and by the European Regula5on n ° 2016 / .679 of April 27th, 2016. The Customer has a right of access, rectification, erasure, and portability of the data concerning him, as well as the right to oppose the treatment for legi5mate motive, rights that he may exercise by contacting the controller at the mailing address of: Direction Tahiti Easy Car Faa’a front of the Airport, PO Box 1619 PAPEETE 98713 French Polynesia or by email firstname.lastname@example.org, enclosing a proof of his valid identity. The customer has the right to file a complaint with the National Commission for Data Processing and Freedoms (CNIL).
Ar#cle 20: JURISDICTION Any dispute in this contract shall be brought before the competent court of French Polynesia. The renter acknowledges having read the general conditions By signing the rental agreement , the renter acknowledges having read the Tahiti Easy Car terms and conditions of rental and accepts the terms.