Terms of rental
"The Renter" means the renter stipulated on the back of the rental contract.
"The Rental Company" means LOXEA, the AVIS franchisee.
"The Vehicle" means an AVIS Private Vehicle (PV) or Utility Vehicle (UV) which is provided by the Rental Company for the period agreed in the rental contract. This rental is governed by these general terms and conditions which are also shown on the back of the rental contract.
The Rental Company rents the Vehicle to the Renter according to the description given on the back of this document. This rental is governed by these terms and conditions of rental, the terms of which the Renter acknowledges accepting having taken note thereof before the signature of this Rental contract.
1 – THE COMMITMENTS OF THE RENTAL COMPANY
The Rental Company undertakes to provide the Renter with The Vehicle in good condition with a full tank of fuel or the level of fuel agreed and, if need be, the optional services stipulated. The Rental Company declares that The Vehicle complies with the stipulated use and that is has no apparent damage, except that specified in the description of the Vehicle rented which is provided to the Renter at the beginning of the rental. It is the Renter’s responsibility to record therein, before his departure from the agency, any apparent defect which is not specified therein. In the absence of such a statement made in the presence of both parties, the Vehicle is deemed to be exempt from any apparent damage, except in the event of proof to the contrary.
2 - THE OBLIGATIONS OF THE RENTER
2.1. Conditions of rental of a Vehicle:
The Renter is designated in the Rental contract and must fulfil the conditions below :
- Minimum age required of the Renter : 21 years old, except for certain categories of vehicles for which the driver is compulsory as specified in the rate schedule available in he agency.
- Driving experience : the Renter must have held a valid driving license for at least 24 months,
- Category of Vehicle : the Renter is authorised to drive the categories of Vehicles as stipulated in his driving license, subject to the conditions of age and driving experience. Documents to provide to rent a Vehicle: a driving license recognised by AVIS and a valid identity card or passport.
2.2. The responsibilities of the Renter
2.2.1 Compliance with the regulations and use of the vehicle as "a responsible person".
The Renter undertakes to pay the price of the rental in cash according to the conditions agreed and to compensate the Rental Company for all the fines and costs legally incumbent on him resulting from breaches of traffics laws that the latter has incurred.
The Renter undertakes to use the vehicle in accordance with traffic laws and any other regulations applicable in the authorised territories, as well as not to make abnormal use thereof or a use that is contrary to its purpose. The Renter undertakes to lock the vehicle when he is not driving it.
The Renter is obliged to verify the level of oil of the vehicle every 1,000 kms for the PVs. He undertakes to immediately notify the Rental Company of any abnormality, dysfunctions and breakdowns involving the vehicle during the rental.
2.2.2 The Renter has the legal custody of the vehicle as from the delivery. He is responsible for the Vehicle thereafter.
The Renter undertakes to never leave the keys, papers and Rental contract in the said Vehicle, when he is not driving it and to ensure that the doors are properly locked when leaving the Vehicle.
In the event of theft or loss of the keys, the latter shall be invoiced to the Renter as well as, if need be, the costs of repatriation of the Vehicle.
No claim concerning apparent damage that shall not have been notified at the time of departure from the agency shall be accepted. The Renter must return the Vehicle in the condition in which he received it and, failing this, shall be liable for any damage not recorded in the departure statement of the vehicle, under the conditions of Article 1 of these terms and conditions of rental.
In the event of an accident : the Renter undertakes to immediately notify the police or gendarmerie, if any person is injured. Any accident and/or damage affecting the Vehicle rented must be declared to the Rental Company within 24 hours. A report of the police, gendarmerie or competent authorities, precise and legible, must be drawn up and
remitted to the Rental Company as soon as possible. Without a report, the Renter shall be liable for the damage caused to the vehicle.
The Renter is liable for damage to the Vehicle or to one of the parts of the Vehicle, whatever the cause thereof, except if the cause is attributable to the Rental Company.
As from the termination of the rental, any costs of repairing as well as the cost of immobilisation shall be incumbent on the Renter within the limit of the Extended Deductible, according to the schedule of assessment and invoicing of the damage available in the agency and shall be added to the cost of the rental, subject to the stipulations of Article 3.2, whether the damage gives rise to repairing or not.
A posteriori, if the Renter is completely exonerated from liability, the costs relating to the loss shall be reimbursed to the Renter.
In the event of theft or break in of the vehicle :
As from the discovery of the loss, the Renter shall immediately inform the Rental Company of the loss and shall file a compliant with the competent authorities. He shall remit to the Rental Company within 24 hours the receipt of the filing of the complaint in the event of theft of the keys and the papers of the Vehicle.
In the event of theft, the cost of the Extended Deductible, shall be immediately payable by the Renter and shall be added to the cost of the rental, subject to the stipulations of Article 3.2.
In the event of a break in, as from the termination of the rental, any costs of repairing as well as the cost of immobilisation shall be incumbent on the Renter within the limit of the Extended Deductible, according to the schedule of assessment and invoicing of the damage available in the agency and shall be added to the cost of the rental, subject to the stipulations of Article 3.2, whether the damage gives rise to repairing or not.
In the event of break ins, in accordance with the principle of personalising of sanctions, the Renter is responsible for the offences committed during the rental period. The address details of the Renter shall be provided to competent authorities at their request.
Every loss (theft, break in, damage or accident) and offence shall give rise to the invoicing of administrative costs of the lumpsum amount stipulated in the rate schedule available in the agency.
3 - INSURANCE AND ADDITIONAL PROTECTIONS
3.1. Third party liability insurance
The rental of a Vehicle makes the driver(s) stipulated in the Rental contract and the occupants of the Vehicle benefit from a third party liability insurance policy for physical injuries and damage in accordance with the regulations.
With this third party liability insurance, the Renter remains, nevertheless, entirely financially responsible for damage and costs of immobilisation affecting the Vehicle if there is no third party identified as fully responsible, on the one hand, or for the disappearance of the vehicle in the event of theft, according to the terms and conditions stipulated in Article 2.2, on the other hand.
In order to increase his cover and to reduce his financial responsibility, the Renter is offered a choice of additional protections.
3.2. Additional protections
The Renter has the possibility of subscribing for the following options, the benefit of which shall be provided to him on condition that he complies with the obligations stipulated in Article 2.
3.2.1 Partial buyback of the deductible in the event of damage through accident (CDW)
This option, included in certain lumpsum rates of the Rental Company, can be subscribed on the basis of a daily lumpsum payment stipulated in the rate schedule available in the agency. It allows the financial liability of the Renter to be limited in the event of damage caused to the Vehicle to the amount of a reduced deductible which shall be debited at the end of the rental in accordance with the conditions stipulated in the rate schedule available in the agency.
However, if the costs of repairing of the Vehicle as stipulated in the schedule of assessment and of invoicing of damage, available in the agency, should be less than that of the said reduced deductible, only the lower of the two amounts shall be invoiced to the Renter. Furthermore, if, subsequently, the Renter were to be entirely exonerated from responsibility, this amount would be fully returned to him.
3.2.2 Partial buyback of the deductible in the event of theft and of damage by break in (TP)
This option, included in certain lumpsum rates of the Rental Company, can be subscribed on the basis of a daily lumpsum payment stipulated in the rate schedule available in the agency. It allows the financial liability of the Renter to be limited in the event of theft or of break in of the Vehicle to the amount of a reduced deductible in accordance with the conditions stipulated in the rate schedule available in the agency, which shall be debited at the termination of the Rental contract and which shall remain, whatever the case, definitively the property of the Rental Company.
However, in the event of a break in, if the costs of repairing the Vehicle as stipulated in the schedule of assessment and of invoicing of damage, available in the agency, should be less than that of the said reduced deductible, only the lower of the two amounts shall be invoiced to the Renter.
3.3 Case of exclusion from the additional PV protections and insurance policies :
Any intentional damage and any damage caused by driving under the influence of alcohol or under the influence of a drug or by driving outside of roads intended for the circulation of Vehicles.
Cigarette burns and shocks to the underside of the bodywork are also excluded from the additional protections.
4 - RENTAL PERIOD AND RETURN OF THE VEHICULE
4.1 Rental period : The rental period is calculated by indivisible 24 hour periods from the time of the supplying of the Vehicle as stipulated on the back. The Renter benefits from a 2 hours tolerance beyond which an additional day shall be invoiced. If the Renter wants to keep the Vehicle beyond the period initially stipulated in the Rental contract or return it to an agency other than that initially stipulated, he must imperatively obtain the prior agreement of the Rental Company. In this case, the price of the rental shall be automatically modified thereby and shall take into account the new parameters.
4.2 Return of the vehicle : The return of the Vehicle must be made to the agency stipulated at the date and time stipulated in the Rental contract under threat of civil and criminal judicial proceedings. In the event of hindrance, the Renter must inform the Rental Company thereof by any means as soon as possible.
The rental is terminated by the return of the Vehicle, of its keys and of its papers to the agency of the Rental Company. The return of the vehicle must be made during the office hours of the agency. Any vehicle returned outside of the office hours remains under the responsibility of the Renter and the time of return of the vehicle to terminate the Rental contract and to establish the amount of the invoice shall be the next opening time of the agency.
In all cases, the Renter remains the custodian of the vehicle and thus responsible for breaches of traffic laws and deterioration caused to the vehicle until the keys are returned and a statement is drawn up in the presence of both parties about the condition of the vehicle. Any refusal to make the statement in the presence of both parties under the conditions agreed entails acceptance by the Renter of the invoicing of eventual deterioration recorded in his absence.
In the event of confiscation or attachment of the Vehicle, the Rental contract can be terminated by right by the Rental Company as soon as the latter shall be informed thereof by the judicial authorities or by the Renter, without prejudice to the rights and interest of the Rental Company.
In the event of theft, the Rental contract is terminated by the sending of the keys to the Rental Company, if this sending is possible and/or as from the filing of a complaint made by the Renter with the competent authorities.
5 - RATES AND PAYMENT
The rental is calculated according to the rate stipulated in the Rental contract, as well as the amount of the optional insurance policies, protections and services taken out by the Renter.
The rate is established according to the information provided by the Renter before the departure (duration, mileage, agency for the return). Any modification attributable to the Renter can entail the application of a substitution rate.
The rates do not include fuel. The Vehicles are rented with a full tank or the level agreed.
If the Vehicle is not returned with a full tank or the level agreed, the additional fuel shall be invoiced to the Renter according to the rate stipulated in the rate schedule.
6 – AREA OF TRAVEL
The Renter is authorised to drive 50 kilometers around Pointe Noire and Brazzaville. For any journey beyond this limit, an AVIS driver is compulsory.
If the Renter drives the Vehicle rented in an unauthorised country, no insurance shall cover him.
7 – RATE CONDITIONS
The rates are displayed and can be consulted in the agency. The Renter declares that he has taken note and accepted the terms and conditions without reserves.
8 – DISPUTES
This contract is governed by Congolese law.
Any dispute that may arise during the term of this contract with a Renter that has concluded the contract in the capacity of a merchant shall lie within the exclusive jurisdiction of the Pointe Noire Commercial Court.