STANDARD RENTAL TERMS AND CONDITIONS FOR

STANDARD RENTAL TERMS AND CONDITIONS FOR MOTORHOMES –
MCRENT
Dear Customer,
your contract partner is the respective local rental station that will hand the
Vehicle over to you. Therefore, upon conclusion of a contract on the booking of a
motorhome, the following Rental Terms and Conditions (to the extent effectively
agreed) will become part of the contract coming about between the partners and
licensees of Rental Alliance GmbH, i.e. the respective local rental station (herein
after referred to as the „Rental Company“) and you. Please read these Terms and
Conditions of Business carefully.
(*Translation only. The only legally binding version of this document is the
German one.)
3.3
1. Scope and Subject Matter of the Contract
1.1 Before making your reservation, please read carefully these Standard Terms
and Conditions that apply to every rental contract for motorhomes between a
hirer and a Rental Company rental station. The following Standard Terms and
Conditions form an integral part of the rental contract concluded between
the Hirer (hereinafter referred to as the „Hirer“) and the local Rental
Company rental station that hires the Vehicle out to the Hirer. The collection
of the Vehicle by the Hirer is regarded as acceptance of these Terms and
Conditions without reservation.
1.2 The sole subject of the contract with the Rental Company is the hiring out of
the motorhome for a fixed period of time. The Rental Company is under no
obligation to provide any travel services. The Hirer will organize his/her
journey himself/herself and will make use of the Vehicle on his/her own
responsibility. All agreements between the Rental Company and the Hirer
must be concluded in writing.
3.4
3.5
2. Rental Conditions
2.1 The rented Vehicle may be driven by the Hirer and the drivers named not
later than upon collection of the Vehicle. The Hirer is obliged to disclose to
the Rental Company the names and addresses of all drivers to whom the
Hirer intends to leave the Vehicle, even if only temporarily.
2.2 The minimum age of the Hirer and of every driver is 21 years. Moreover, the
Hirer and any other drivers must have been in possession of a valid Class B
driver’s license for at least three years. The delivery of the motorhome
requires the presentation by the Hirer and/or driver(s) of the driver’s license
and the valid identification card/passport at the time of taking possession. If
a delay in taking possession occurs due to the non-presentation of said
documents, such delay shall be at the expense of the Hirer. If such
documents cannot be presented neither at the agreed time for taking
possession, nor within a reasonable grace period thereafter, then the Rental
Company shall be entitled to withdraw from the contract. The cancellation
provisions set forth in section 5 shall apply. The Rental Company or the
official authorities of the country may require the presentation of an
international driver’s license (for non-EU citizens).
2.3 Please note that some of the Rental Company’s Vehicles have a total weight
of more than
3.5 tons and that an appropriate Class C driver’s license is required for driving
such Vehicles. In such a case, the Hirer must inform himself/herself in
advance about the technically admissible gross weight of the Vehicle offered
to the Hirer. If the Vehicle has a total weight of more than 3.5 tons, the Hirer
and the drivers must be at least 25 years old.
3. Rental Charges and Rental Period
3.1 The rental charge results from the Rental Company’s price list in force on
the day of the Hirer’s reservation request for the respective rental period.
These prices can be found on the Rental Company´s website under
www.mcrent.fr and can be requested from every Rental Company rental
station.
3.2 The gross rental charge includes the following:
unlimited mileage
accident insurance subject to the conditions set forth under Item 13 of
these Terms and Conditions
FIAT mobility guarantee for the chassis of the motorhome without
superstructure (body shell). In case of a problem with the chassis
attributable to a defect in material or workmanship, the Hirer undertakes
to immediately contact the FIAT CAMPER SERVICES under 00 800 34 28
11 11 who will give the Hirer the necessary information (free call from
the fixed network; possible charges for calls from a mobile phone
according to the rates of the network operator). A manual „FIAT CAMPER
ASSIS- TANCE“ is handed over to the Hirer before collection of the Vehicle
external cleaning of the Vehicle
2 gas cylinders, one of which is full, the other one in use
cleaning products for the chemical toilets
3.6
3.7
3.8
Manufacturer’s support service. The Vehicles are at least equipped with
the following elements included in the rental charge:
a cable drum
an awning
an air-conditioning system for the driver’s cab
a bicycle rack
wheel chocks
a CEE cable
Against an additional charge to the rental charge, the following
accessories and services will be provided:
bedding set (1 pillow, 1 pillowcase, 1 quilt, 1 quilt cover, 1 sheet): prices
according to the current price list;
camping set (1 table, 4 chairs): prices according to the current price list;
dishes / cutlery (6 soup plates, 6 large plates, 6 dessert plates, 6 coffee
cups with saucers, 6 tumblers, 6 knives, forks and spoons, 1 set of 4 pots, 1
thermos flask, 1 coffee filter, 1 bread knife, 1 meat knife, 1 meat fork, 1
ladle, 1 cork-screw / bottle opener, 1 tin opener, 1 potato peeler, 1 cutting
board, 1 cleaning rag): prices according to the current price list;
towel set (1 towel, 1 bath towel, 1 dish towel): prices according to the
current price list;
child seat: prices according to the current price list;
snow chains (utilization): prices according to the current price list;
snow chains (rental): prices according to the current price list;
belt-positioning seat: prices according to the current price list;
Toilet evacuation: prices according to the current price list.
The Vehicle is hired out for a minimum period of each season
The rental period begins when the keys of the motorhome are handed over
to the Hirer and ends upon return of the Vehicle keys and documents to a
staff member of the Rental Company rental station. The day of collection
(Pick Up) and the day of return (Drop Off) together are charged as one day
of hire, provided the time the Vehicle is returned is not later than the time
the Vehicle was handed over to the Hirer, except in cases where the Rental
Company is solely responsible for the delay.
The rental period stated in the rental contract is binding without the
possibility of a tacit continuation. Extensions are not permitted, unless
with our prior approval. The Hirer undertakes to return the Vehicle on the
day stated in the rental contract; otherwise the Hirer may be subject to
prosecution under civil or criminal law. In the event the Vehicle is returned
after the rental period agreed upon in writing, the Rental Company will
charge, as a penalty, the prices according to the current price list per
broken hour until the return of the Vehicle keys and papers.
If the Vehicle is returned before the expiry of the agreed rental period, the
full contractually agreed rental charge is to be paid.
One-way rentals including the return of the Vehicle at a Rental
Company rental station other than the original rental station are subject
to prior separate written agreement.
4. Reservations
4.1 Reservations are only binding for Vehicle groups, not for Vehicle types. The
Rental Company reserves the right to upgrade the client to an equivalent
or superior Vehicle.
4.2 To confirm the booking a deposit of 30% of the rental charge, with a
minimum of € 300 must be paid. After receiving the payment, a booking
confirmation will be sent to the Hirer. Only then will the reservation
become binding on both parties. If the Hirer exceeds this deadline written
in the offer the Rental Company will cease to be bound by the reservation.
5. Cancellation
If the Hirer cancels a binding and final reservation, the Hirer must pay the
following amounts as a stipulated penalty*:
Cancellation communicated to the Rental Company until 50 days before
the beginning of the rental period (Pick Up): a processing fee of € 300 is
charge to be paid by the Hirer
Cancellation communicated to the Rental Company between 49 and 15
days before the beginning of the rental period: a penalty to an amount of
50 % of the rental charge is to be paid by the Hirer.
Cancellation communicated to the Rental Company less than 15 days
before the beginning of the rental period: a penalty to an amount of
80 % of the rental charge is to be paid by the Hirer.
Cancellation communicated to the Rental Company on the day of the
beginning of the rental period: a penalty to an amount of 95 % of the
rental charge is to be paid by the Hirer.
*It is up to the Hirer to prove that no damage has occurred at all or to a
lesser extent.
T&C France page 1 of 3
6. Change of Reservation
The reservation confirmed to the Hirer can be changed until three days
before the beginning of the rental at the latest, provided the Rental
Company disposes of free capacity and the desired alternative reservation
corresponds to the features of the reservation originally agreed. Any later
changes of the reservation are not possible. Per change of a condition of
the rental contract, a handling charge is to be paid by the Hirer (see current
price list). There is no legal right to a change of the conditions.
9.3
7. Terms of Payment, Security Deposit
7.1 The rental charge calculated on the basis of the booking details must be
transferred into an account specified by the Rental Company, free of any
charges, not later than 40 days before the commencement of the hire.
7.2 The Hirer must make a security deposit to an amount of € 1,800 (under
certain circumstances the amount can be reduced to € 1,000 - see
conditions on the website or at the rental station) to be paid exclusively by
credit card not later than upon Pick Up over the Vehicle. No other mode of
payment will be accepted. That security deposit is collected. The security
deposit will be reimbursed not later than 1 month from the return of the
Vehicle keys and documents, minus possible amounts to be paid by the
Hirer in addition to the rental charge, if any.
7.3 In the case of short-notice bookings (less than 40 days before the
beginning of the rental), the total rental charge will be due immediately.
8. Conditions of Collection and Return of the Vehicle
8.1 Before taking the wheel, the Hirer is obliged to take part in a detailed
introduction to the Vehicle by the local Rental Company rental station. On
that occasion, there is performed a delivery check (Pick Up) and drawn up a
record of delivery describing the condition of the Vehicle and its equipment
that is to be signed by both parties. The Rental Company is entitled to
refuse to hand over the Vehicle until that introduction has taken place. If
the handover is delayed due to the fault of the Hirer, the Hirer must bear
any costs incurred as a result. On that occasion, the Hirer must check the
operating condition of the Vehicle equipment.
8.2 On returning the Vehicle, the Hirer is obliged to carry out a final examination
8.3
8.4
8.5
8.6
8.7
of the Vehicle together with rental station staff, with a written return report
(Drop Off) to be jointly prepared and signed by the Rental Company and the
Hirer. Any damage not specified in the report of delivery that is detected upon
return of the Vehicle shall be at the Hirer’s expense.
Vehicles can be collected from Monday to Friday between 2 pm and 5 pm
(except on public holidays) at a time to be agreed upon with the rental
station. In any case, the Vehicle must be returned on the agreed day between
9 am and 11 am (Monday to Friday, except on public holidays) at a time to
be agreed upon with the rental station. A return on Saturdays is possible,
subject to prior arrangement with the Rental Company and against payment
of an additional charge (see current price list).
All motorhomes are delivered to the Hirer in a clean and perfect operating
condition and are to be returned in the same condition. If upon return, it
should turn out that a cleaning is unavoidable, the respective costs are to
be borne by the Hirer. The Hirer moreover obliges himself/herself to pay to
the Rental Company the costs for the replacement of any missing or
damaged accessories. The same rule applies to tires, unless their
deterioration is attributable to normal wear.
The motorhome is delivered to the Hirer with a full tank and must be
returned in the same condition. Otherwise the Rental Company will charge a
lump-sum price for every liter of fuel missing (see current price list). Fuel
costs incurred during the rental period are borne by the Hirer.
In case of a loss of the documents, the Hirer must bear the costs for the
issue of new documents in addition to the rental charge.
In general, all costs, in particular service, cleaning and repair costs, incurred
as a result of an error or negligence on part of the Hirer or as a consequence
of a failure to comply with these Standard Terms and Conditions are to be
borne by the Hirer in addition to the rental charge.
9. Utilization of the Vehicle
9.1 The Hirer is responsible for the Vehicle rented by the Hirer during the time
from receiving the keys until their return.
9.2 The hirer and the authorized drivers are strictly prohibited from:
using the Vehicle for a participation in motor sport events or in tests;
using the Vehicle for the transport of inflammable, explosive, corrosive,
fire-promoting, poisonous or other dangerous substances;
using the Vehicle for the commercial transport of passengers;
hiring the Vehicle out to a third party;
Smoking in the Vehicle. In case of a failure to comply with this prohibition,
the Hirer must pay to the Rental Company, in addition to the rental
charge, the costs for cleaning, ventilation and decontamination as well as
a loss of profit caused by a temporary non-availability of the Vehicle for
rental caused by such circumstances;
Transporting any pets without the prior express approval of the Rental
Company. In case of a failure to comply with this prohibition, the Hirer must
pay to the Rental Company, in addition to the rental charge, the costs for
cleaning, ventilation and decontamination as well as a loss of profit caused
by a temporary non-availability of the Vehicle for rental caused by such
circumstances;
9.4
9.5
9.6
9.7
using the Vehicle for any illegal purposes;
transporting a major number of passengers than specified in the Vehicle
registration document;
loading the Vehicle beyond its admissible total Vehicle weight;
hooking a trailer or a Vehicle up to the motorhome;
Using the Vehicle for driving on rough terrain or on paths that cannot be
used without a danger of damage to the motorhome and/or its tires.
The Vehicle must be treated carefully and appropriately and kept properly
locked while it is parked, even if for a short time only. The Hirer must keep
the Vehicle documents in a safe place on his/her own person.
The Hirer must check oil and water levels and tire pressure. The Hirer is
obliged to check regularly whether the Vehicle is in a roadworthy condition.
The Hirer undertakes to treat the Vehicle with all due care and to observe
the recommendations for utilization given by the manufacturer and the
Rental Company.
In case of a failure to observe the provisions of the above item, the
Rental Company is entitled to terminate the rental contract automatically,
with immediate effect and without any further formalities due to the
Hirer’s fault. Moreover, the amounts of cover under the insurance are
excluded.
We draw the Hirer’s attention to the dimensions of the Vehicle that will
require increased attention for certain maneuvers and may make it
impossible to pass certain traffic infrastructures (bridges, tunnels, etc.) with
a limited height.
10. What to do in the event of an accident
After an accident, theft or fire damage (even in case of a minor damage) that
the Vehicle is affected by or involved in, the Hirer must carefully comply with
the following regulations - otherwise, the Hirer will forfeit any insurance and
will be obliged to fully settle the damage:
The Hirer must report the matter to the police and inform by telephone the
rental station mentioned in the rental contract not later than in the course
of the working day following the day of the respective incident.
The Hirer must not recognize any claims of the adverse party.
Even in case of a minor damage, the Hirer must submit a written report to
the Rental Company, stating the circumstances, the date, the place and the
time of the case of damage as well as the names and addresses of the
witnesses and persons involved. After an accident, the Hirer must submit a
written report, stating the circumstances, the date, the place and the time
of the case of damage as well as the names and addresses of the
witnesses and persons involved, their policy numbers and the names of
their insurance companies as well as the registration numbers of the
Vehicles involved These documents are to be handed over to the Rental
Company upon return of the Vehicle at the latest. After a theft of the
Vehicle, the Hirer must be able to return the keys, otherwise the Hirer will
forfeit the insurance cover and must refund the total value of the Vehicle
to the Rental Company. A document entitled „Déclaration de sinistreaide à
la rédaction du constat amiable“(European accident report) is handed over
to the Hirer upon delivery of the Vehicle. The Hirer must strictly observe the
provisions of that document.
11. Journeys Abroad
For security and insurance reasons, the motorhome may only be used for
journeys within the European Union, in Switzerland and Norway. Any
journeys to third countries are subject to the prior written approval of the
Rental Company. In any case, the respective countries must be stated on
the valid international insurance card.
12. Repair
12.1 In case the Hirer detects any technical problems in the superstructure
(body shell) of the Vehicle, the Hirer must go to the nearest authorized
Dethleffs dealer. A list of these authorized dealerships is handed over
upon receipt of the Vehicle.
12.2 Any repairs that are necessary in order to maintain the Vehicle in a good
working and roadworthy condition during the rental period may be
ordered by the Hirer without consultation up to an amount of € 150,
including labor costs and all repairs together. Repairs going beyond this
are subject to the prior consent of the Rental Company.
12.3 The Rental Company will bear the repair costs against submission of the
original invoices, unless such repair becomes necessary due to a fault or
negligence of the Hirer.
T&C France page 2 of 3
13. Insurance
13.1 Our Vehicles are covered by a third party motor insurance valid in the
countries of the European Union, in Switzerland and Norway.
13.2 This insurance covers motor Vehicle third-party liability without
limitation for bodily injury, to an amount of € 100,000,000 for damage
to property and economic loss, € 1,530 thereof for economic loss only,
and to an amount of € 1,500,000 for damage caused by inexcusable
gross negligence. This insurance does not apply to bodily injury of the
driver. Damage to the Vehicle (fire damage, climatic events, theft,
damage, damage caused by accident and technological disasters) are
covered by the insurance minus a gross excess of € 1,800 per damage
to be borne by the Hirer. The gross amount of the excess is reduced
from € 1,800 to € 1,000 when the Hirer chooses the option „reduction
of the excess“ at the price according to the current price list before
receiving the Vehicle. We draw your attention in particular to the
dimensions of the Vehicle that will require increased attention for
certain maneuvers and may make it impossible to pass certain traffic
infrastructures (bridges, tunnels, etc.) the maximum height of which is
shown in advance according to applicable law. ATTENTION: In case of
damage to the Vehicle caused by a failure to observe height limits, the
admissible total Vehicle weight, by a poor assessment of the
dimensions and, in general, in case of damage to the superstructure
(body shell) of the Vehicle hired-out to you, you are liable for all repair
costs within the maximum liability limit for that kind of damage.
13.3 Our insurance does not cover:
damage to high part of the motorhome (roof, alcove, as well as all parts
of the Vehicle in a height of more than 2.50 m);
tires;
Vehicle radio;
personal effects;
damage to the interior of the Vehicle;
Frost damage.
13.4 The Vehicle is only insured for the contractually agreed rental period. After
the expiry of that period, the Hirer must take care of any damage and
incident that the Vehicle is affected by or involved in personally, unless an
extension was expressly accepted by the Rental Company in advance.
13.5 Moreover, the insurance cover is excluded and the Hirer is liable for fully
settling any damage in the following cases:
in case of damage caused by intent or fraud on part of the Hirer or the
driver;
when damage is caused while the Hirer is under the influence of alcohol or
drugs;
if the Hirer or the driver have given false information and were not of
the required age or were not in the possession of the legally prescribed
required and valid licenses and permits;
if the Hirer or a driver to whom the Hirer has let the Vehicle has
committed hit-and- run driving;
when the Hirer violated duties under Item 10, unless the breach of duty
has not had any influence on the determination of the cause of the
damage and the amount of the damage;
when the damage was caused as a consequence of a use of the Vehicle
in breach of Item 9;
when any damage is cause by a drive who was not named upon renting the
Vehicle;
when damage is caused by a failure to observe the Vehicle dimensions;
when damage is caused by a failure to observe the regulations as to
additional load and total Vehicle weight.
13.6 According to the principle of limitation of penalty claims to the author,
the Hirer is solely liable for any infringements under penal law that are
committed during the time the Hirer has the Vehicle in the Hirers
possession. The Hirer must pay the respective fines.
13.7 The Hirer is jointly and severally liable, together with the drivers, for the
conditions of the contract and its appendices.
15. Data Protection Act
According to the Data Protection Act of 6 January 1978, every hirer has the
right to access to and correction of the data referring to the Hirer. If you want
to exercise this right and receive information about the information referring
to you, please contact the firm McRent France in 1b rue de la Porte Brisach à
67600 SELESTAT.
16. Effective Date
These Standard Terms and Conditions enter into effect on 01.01.2018
In case of amendments to the Standard Terms and Conditions of Business of
Rental Company, there apply the Standard Terms and Conditions of Business
in force on the date the Hirer submits his/ her request for reservation on the
Rental Company website.
14. 24-Hour Assistance
In case of mechanical, electrical and/or electronic breakdown/defects or
of accidents as a consequence of which the Vehicle cannot be operated,
you must contact by telephone the rental station mentioned in the rental
contract or the Rental Company Hotline under +33 3 88 82 68 25 within
24 hours. You will receive the assistance service of the manufacturer
that is included in the price of your rental contract and the conditions of
which are set forth on the Vehicle information sheet. In case of technical
defects, our liability is limited to the assumption of the costs of the
transport back home of the Hirer and of the passengers not exceeding
limits of the number specified in the Vehicle registration document. It
covers the assistance for the Vehicle and the persons transported in case
of a mechanical defect or an accident. The assistance is applicable in all
countries specified on the international insurance card. It is available 24
hours a day, 7 days a week. The Hirer has the option to choose an
additional assistance service as described in the leaflet „Conditions
d’assurances et d’assistance“ (additional accident and breakdown cover)
that is handed over to the Hirer together with his/her contract. Costs:
according to the current price list.
T&C France page 3 of 3
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