Terms and Conditions | A5

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General Terms and Conditions

[/vc_column_text][vc_column_text]The present rental agreement implies full and entire acceptance of the following terms and conditions, without reserve.

1. The rental is personal and non-transferable, under penalty of forfeiture to the subscriber’s insurance. Authorized drivers will act as agents of the lessee who remains liable to the lessor for the full implementation of these conditions. Authorized Drivers must be over 20 years old and hold a full driver’s license that is valid in the territory of New Caledonia and that they must have had for more than 2 years. Upon delivery of the vehicle to the lessee or their agent, the lessee is fully responsible, according to the terms of Article 1384 of the French Civil Code. In case of non – compliance with the terms of lease, the lessor reserves the right to terminate the agreement to rent at any time or to refuse an extension without the need to justify or compensate.

2. Before taking possession of the vehicle, the hirer must deposit as a security a sum ranging from 140 000 to 350 000 FCFP depending on the type of vehicle with the lessor. By express agreement, the amount of the deposit may be retained by the lessor in part or in full with regards to amounts owing for any reason for the lessee; if they exceed the balance, the lessee must pay the extra amount to the lessor immediately, unless prior consent from the lessor, otherwise, the lessee shall pay a fixed lump sum compensation of 20% of sums due as provided for in Article 1229 of the Civil Code, as well as the repeatable fees and default interest.

3. Under penalty of forfeiture of insurance rights, the vehicle must not be used on unsealed roads – including dirt roads, for transport of paying passengers, for learning to drive, for motor sports purposes or by any person under the influence of alcohol or narcotics. The lessee agrees not to carry hitchhikers or people in a number greater than the number of seats in the vehicle. He further undertakes not to tow any other vehicles nor to make any modification to the vehicle; to use the antitheft device and to lock the vehicle at each stop, and discreetly hold onto the keys. The lessee is responsible for all traffic offenses incurred during the term of the rental.

4. The prices include comprehensive insurance with an excess. In the case of an accident, the lessee is liable for the cost of damage to the rented vehicle according to the degree of their responsibility in the accident. With comprehensive insurance, the amount is charged to the lessee up to the limit of the excess which ranges between 140 000 FCFP and 350 000 F CFP depending on the type of vehicle. The lessee agrees, subject to revocation of his rights to insurance, to declare in writing to the lessor within 48 hours, any accident or incident, including all information on the circumstances, the identity of the parties and witnesses; the report must include his statement to the police or Gendarmerie with mandatory breathalyser result. The lessee will not in any way discuss liability, or deal with third parties relating to this accident, otherwise the lessee will be personally liable to the lessor for the total amount of damage. If no accident declaration is received by the lessor and because of this neglect, the insurance company refuses to cover the risk, the lessee will be required to repay in full all costs that the hirer has to pay due to the accident. The lessee will pay all towing costs to return the vehicle to NOUMEA, in addition to the excess. The lessee is also responsible for any damages caused to the vehicle that do not fall into the categories of risks covered by the insurance policy; including those related to abnormal wear of the vehicle, replacement costs for windshields and vehicle windows, damaged tyres, immersion-related harm to the engine or the vehicle (creek crossing, flooded roads …), damage related to hurricanes, cyclones, tornadoes and generally for all damage caused to the vehicle by any collision whatsoever. Direct and resulting costs are the responsibility of the lessee. The lessee agrees to pay the cost of the repairs according to the quotes provided, even if the lessor decides to delay the repairs. The lessee must guarantee the protection of the vehicle; the lessee will be liable for all costs for damage or other related costs on the vehicle while it is being repaired or while waiting for assistance.

5. The vehicle is delivered in good overall condition, with tyres in good condition, a spare wheel and standard accessories. By signing the contract, the lessee or his representative agrees to the condition of the vehicle, identifies that the seals affixed on the meter are intact and undertakes to return the vehicle in the same condition, or face a further charge of the cost of 500 km per day. The lessee will refrain from claiming compensation for service interruptions, incidents or accidents attributed to the condition of the vehicle or the tyres and using this pretext to escape from fulfilling his obligations. The lessee must return the vehicle in the same state of cleanliness as when initially delivered. If this is not the case, a fee will be charged for cleaning it.
Dirty vehicle 5000 Fcfp before tax
Very dirty / red earth dirtied vehicle 10,000 Fcfp before tax
Vehicle requiring the services of a specialist company 26,000 Fcfp
No vehicle rental returns will be accepted after office hours. The deposit will be returned after inspection of the vehicle in daylight.

6. Extension: the lessee must ask the lessor at least 24 hours prior to the expiration of the rental period. If this were not the case the lessee would lose the Damage Cover insurance. As the return of the vehicle to the lessor at the agreed place is the only means of terminating the rental agreement, the lessee must in all cases pay the amount up to that time. However, if the non- return of the vehicle results from a cause beyond the lessee’s control, the rental of the immobilized vehicle will be billed for only 30 days.

7. The rental period is calculated in 24 hours segments from the time the vehicle is delivered to the lessee. Any delay in returning the vehicle will be invoiced an extra day. The package is a final agreement and no re-calculations will be undertaken. The rental period is payable in full on the first day of rental. The lessee is responsible for paying for fuel.

8. Should the vehicle be immobilised, as the result of an accident or any other cause, the compensation for loss of use is fixed at a flat rate of 3300 FCFP (before tax) per day and shall run until the vehicle has been repaired.

9. Jurisdiction: In case of dispute, the courts of NOUMEA have jurisdiction. [/vc_column_text][vc_column_text css=”.vc_custom_1469404852765{margin-top: 50px !important;margin-bottom: 35px !important;}”]

Payment Terms

[/vc_column_text][vc_column_text]Payment means you have paid for your rental in advance at the time of booking. If you have paid your rental, the payment is subject to these Terms and Conditions (known hereafter as the “Terms”). If you do not accept these conditions, you can cancel your reservation in accordance with Article 5 below.

1. The online payment rates may not be combined with any other promotional offer, unless specifically stated. Payment confirmation from A5 LOCATION cannot be resold. Only the holder of the credit card used for payment can benefit from the rates paid.

2. The rental cost excludes any additional costs which are not contained in the booking confirmation when payment is made and any additional optional services remain the customer’s responsibility. A valid credit card must be presented at the A5 LOCATION counter at the time of taking the vehicle to cover in advance any additional supplements that might not be included in the payment. A bank authorization is required for the credit card at the beginning of the rental period, however the amount of any surcharges attached to the rental will not be charged until the return of the vehicle.

3. A non-waivable excess can be applied should the vehicle be stolen or damaged, for whatever reason, even if coverage against accidents and / or theft has been taken out or is included in the rental fee.

4. You can modify your reservation up to 24h prior to the start date of the rental without additional charges, using the same reservation channel as that used to make the initial booking or contact our call center. Any changes to your booking may affect the rental rates and may require the issue of a new booking confirmation.

5. You can cancel your reservation as follows using the same reservation channel as was used for your booking or contact our Central Local Call Center. Cancellations made via the A5 rental booking website take effect after recorded in the A5 rental booking system. You may cancel your reservation as follows:
– You can cancel your reservation without additional charges up to 24 hours before the start date of the rental.
– Paid reservations that are cancelled on the date of hire or within 24 hours before taking the vehicle will not be refunded.
– Paid reservations that are cancelled before or after the vehicle is taken and which the total of the reservation is less than 6000 frs, won’t be refunded.
– If you have not cancelled your reservation and if you do not come to the counter to collect the vehicle, the amount paid will not be refunded, except if there is an external problem in which case a penalty of 6 000 FCFP will be deducted for non-presentation (this amount will be charged either in local currency or in the billing currency of your card and, where applicable, the exchange rate applicable at the time of the transaction).

6. Unless the reservation has been modified as under Article 4, no refund will be due for unused days of rental, should the lessee terminate the lease early (i.e. if the customer returns the vehicle before the end of the planned rental period), picks up the vehicle late (i.e. if the customer does not take the vehicle on the hire start date) or if cancelled after the rental start date.

7. All rentals are subject to the general conditions of A5 LOCATION rental leases in force.

8. Brand or model preferences depend on availability at time of rental.

9. The rental period is calculated in increments of 24 hours, starting from when the vehicle is picked up by the lessee. If the vehicle is kept longer than the expected rental period, additional rental days will be charged at the public rate, after a 30-minute grace period.

10. Every driver is advised that any information is given voluntarily to enable the provision of the service. This information will be stored on a computer database and the customer can consult it at any time to verify or rectify their personal data upon request to the Data Administration Service of A5 LOCATION.[/vc_column_text][/vc_column][/vc_row]