Rental Conditions.

01/09

GENERAL CONDITIONS OF RENTAL - Luxemburg

These general conditions of rental govern the contract exclusively and take precedence over those of the renter, particularly those stated on an order form.
The rental company rents the vehicle described in the contract under "Vehicle details" to the renter and the latter declares that he accepts these general conditions of rental. The signatory to this contract binds both himself and any principal he may have. All notifications may be validly sent to the address specified by the signatory to the contract, to the home address or registered office of the renter.

1. Provision of the vehicle

The renter acknowledges that he is required to inspect the vehicle himself, to carry out a brief test drive in the rental company's car park and to report any problem to the rental company as stated hereinafter.

Without prejudice to the following provisions, he acknowledges that he has received the vehicle in good mechanical and bodywork condition, equipped with a complete set of tools, with full tank of fuel, oil and other fluids, spare wheel, accessories and on-board documents required by regulations. The renter has custody of these accessories and documents. Any damage to the vehicle, as well as any mechanical problems that may be detected following the aforementioned test drive, must be recorded on a separate inventory (RAC207). If no remarks are made by the renter to the rental company, the renter acknowledges that he has received the vehicle in perfect mechanical and bodywork condition.
If the renter should encounter a mechanical problem during the rental period which was not noted during the test drive he shall immediately stop using the vehicle and shall immediately contact the rental company in order to agree upon the measures to be taken (e.g. return of the vehicle, immobilization of the vehicle while awaiting an inspection by a mechanic). Failing this he shall be responsible for any damage resulting from any use of the vehicle in this condition.

2. Driving of the vehicle

a) The vehicle must be driven by the driver named in the contract under the section "Personal details", if nothing is specified, the renter will be recognized as authorized driver who must hold a valid driving licence accepted in Luxemburg. The said driving licence must have been held for at least 12 months. Licences in non-Roman alphabets must be accompanied by an international driving licence.
b) Subject to any other restrictions or exceptions, the driver(s) must be at least 21 years old.
c) The vehicle may also be driven by any other person named by the renter and mentioned in the contract by paying the specified supplement, provided that this other person also complies with all the conditions of this contract. However, the renter will remain fully responsible towards the rental company for compliance with the contract, any breach thereof and any damage of any nature whatsoever, including breaches and damage committed by the additional driver and any other driver who the renter may have permitted to drive the vehicle without having named him beforehand. In the case of an unauthorised driver, the renter acknowledges complete responsibility for that person, including third-party liability and acknowledges he'll lose the benefit of any additional coverage.

3. Use of the vehicle and renter obligations

The renter undertakes the following with regard to the use of the vehicle:

a) To comply with all current laws and regulations regarding, but not limited to, driving, parking, customs and transport. To assume any fines or other costs that may be payable as a result of any infringement or violation that may be committed. If the renter is notified of an infringement or violation, in addition to the amount of this infringement or violation, an amount of € 40.00 plus VAT will be payable by the renter due to administration costs per infringement or violation, which may be increased to € 80.00 plus VAT if payment is not made within a period of 30 days.
b) Not to use the vehicle when drunk or under the influence of alcohol, narcotics or drugs or when he is unable to control his actions.
c) To use the vehicle prudently, which expressly excludes while driving, by way of example, the use of walkman, mobile phone without a hands-free kit, etc.
d) To use the vehicle for entirely normal, habitual and non-abusive purposes. The parties expressly agree, by way of example, that this excludes transporting dangerous, noxious, flammable, explosive or corrosive substances, racing and competitions of any kind, as well as their preparation, road tests and trials, driving lessons, use of the vehicle to propel or tow a vehicle of any kind or trailer, passenger transport, whether public or subject to payment, whether or not remuneration has been fixed explicitly or implicitly determined, providing an express courier service.
e) Only to use the vehicle in the following countries: Germany, Austria, Belgium, Denmark, Spain, Finland, France, Great Britain, Italy, Luxembourg, Norway, The Netherlands, Portugal, Republic of Ireland, Sweden, Switzerland, complying with the following restrictions:
- not to use the vehicle on Mediterranean island territories,
- not to use cargo vans or group K or L vehicles on Italian territory.
Subject to the other provisions, the renter also undertakes:
f) Only to use the correct fuel and regularly to check the levels of oil, coolant and washer fluids; to return the vehicle at the end of the rental period with a full tank of fuel, oil and other fluids and to comply with the manufacturer-recommended service intervals.
g) Not to place any advertising on the vehicle, unless agreed in writing with the rental company.
h) Not to load any goods into the vehicle that could damage it.
i) Not to make any modifications, however minimal, to the vehicle.
j) Not to under-rent the vehicle, not to entrust or sell it, either free of charge or for payment, nor to pledge it or transfer or dispose of it for any other reason.
k) To take the greatest possible care to prevent the vehicle from being damaged, stolen or involved in an accident. To close the windows and lock the doors of the vehicle with a key, even if he is only leaving the vehicle for a short while, and not to leave the vehicle documents and the rental contract in the vehicle.
Should the renter fail to comply with these provisions, he shall be liable for any resulting damages that may be payable to the rental company.

4. Return of the vehicle

The vehicle will be in the custody of the renter until it is returned. The vehicle must be returned with all tanks full, together with the keys, tires, documents, tools, accessories and equipment - without this being an exhaustive list - to an authorised member of the rental company's staff, at the place and time agreed and specified in the contract, during office opening hours. Otherwise the renter will be liable for any new damage or theft noted by Avis.
When the vehicle is returned, other than in the event of him having notified the rental company of a particular claim under the terms of article 6, paragraph 1, above, the renter will be entitled, if he so wishes, to carry out an inspection of the vehicle involving both parties and aimed at identifying any apparent mechanical or bodywork damage or the absence thereof. A document ("RAC207") will then be drawn up for the sole purpose of an initial identification of this damage and without prejudice to the procedure set out in article 5 or in article 6, paragraph 2, (if the renter has not taken out the CDW cover), which will apply to carrying out a detailed inspection of the vehicle and establishing the amounts of compensation charged to the renter.
If no "RAC 207" document has been drawn up, the parties agree that the rental company will be entitled to do this itself if the vehicle is damaged and if the procedures set out in article 5 or article 6, paragraph 2, are applicable.
Any extension of the planned rental period must be requested from the rental company in writing and accepted by the latter.
Renters who fail to return the vehicle by the date stated in the contract are liable to be prosecuted under civil and penal law as well as to continue being charged under the terms of this contract without this constituting an automatic renewal of the contract.
Furthermore, in this case, the renter authorises the rental company to recover the vehicle, wherever it may be, without prior warning, and releases the rental company from any liability for any damage or costs resulting from such a recovery, including loss or damage to any object found in the vehicle, unless this loss or damage should be caused by willful misconduct or a serious offence on the part of the rental company or its employees.
In the light of the requirements regarding the return of the vehicle imposed on the rental company by its suppliers, the renter commits himself to exchange the vehicle for a vehicle of the same category on the date fixed by the rental company.
If this exchange is not carried out on the specified date, the rental company reserves the right to claim from the renter any financial damages that may result from a refusal to exchange or from a delayed exchange of the vehicle.

5. Coverages

5.1 Civil liability
The rented vehicle is insured against civil liability according to legal provisions.
If the driver of the vehicle is involved in an accident with a third party and is at fault, an excess "CL" of € 175.00 plus VAT will be claimed from the renter per accident.
If the driver of the vehicle is less than 23 years old or has had his driving license for less than one year, the excess will be increased to € 250.00 plus VAT.

5.2 Material damage cover, so-called "CDW/SCDW"
The renter accepts full liability for any damage caused to the vehicle up to the value of the repairs or the total value of the vehicle in case of total loss.
If the renter should take out cover known as "CDW" or "SCDW" cover when signing the contract, his liability for the damage caused to the vehicle will be limited to the amount stated, plus the administration costs under the section "Rental information"

The renter acknowledges that he is fully aware of the fact that he will automatically lose the benefit of the fore stated cover if the damage caused to the vehicle
a) results from a failure to fulfill the duties imposed by this contract; or
b) results from serious or intentional offence on the part of the renter or of a person for whom he is responsible; from a war or riot or act of terrorism (including collectively inspired acts of violence).
c) isn't explicitly mentioned by the renter, whether the damage was caused by an accident or not.
Any internal damage to the vehicle that does not arise from a traffic accident will not be covered by any limitation of liability whatsoever.
The same will apply if the renter should manifestly act in a negligent way when reporting the accident.
As regards cargo vans, any damage caused to the vehicle above the level of the windscreen is excluded from "CDW" and "Super CDW" cover.
Any damage caused to one or more elements of the sub-frame of the vehicle will be charged to the renter, even after a partial reduction of the excess.

5.3 Theft, Misappropriation, Vandalism and Theft Cover, known as "TP"/"STP"
The renter accepts full liability for the disappearance of the vehicle and/or its parts up to the total value of the vehicle and/or the cost of recovering the unreturned vehicle.
If the renter takes out what is known as "TP" or "STP" cover when signing the contract, his liability for the theft of the vehicle and/or its parts will be limited to the amount stated, plus the administration costs stated in article 7, paragraph c.
The renter acknowledges that he is fully aware of the fact that he will automatically lose the benefit of the aforesaid cover if the disappearance is the result of negligence with the complicity of the renter or his employees or managers or administrators or any member of their families.
In all cases of disappearance and/or vandalism, the renter must immediately file a complaint with the police and send a copy of the statement to the rental company. In the event of theft, he must also immediately return the keys and documents of the vehicle to the rental company.

5.4 Assistance cover known as "PAI" or "SPAI"
The renter may take out additional individual accident cover when signing the contract.
The details of this cover and of the exclusions of these two policies are available, on request, from the Avis rental office.
Avis Luxemburg is an insurance broker registered under number 88929 and has entered into an agency contract with AIG Europe.

5.5 Windscreen breakage cover, known as "WDW"
If the renter takes out what is known as "WDW" cover when signing the contract, he shall exonerate himself from any liability for damage to the windscreen or any other window breakage.

5.6 Insurance cover - general comments
The renter remains liable for any damage to the vehicle up to the amounts stated in the contract under the section "rental location".
The limitations of liability are applicable per claim, i.e. per separate event.
The total value of the vehicle is available, on request, from the Avis rental station.

5.7 "SUPER COVER" Package
The renter may subscribe to an overall or "package" liability limitation when signing the contract. His liability for damage caused to the vehicle will then be limited to the amount shown, plus the administration costs stated in the contract under the section "Rental information"

6. Claims

The renter commits himself to take any measures required to protect the interests of the rental company and of the rental company's insurance in the event of an accident, in particular:
To write down the names and addresses of the people involved and the witnesses;
Not to admit liability or fault;
Not to abandon the vehicle without having taken measures to ensure its safety and security;
Immediately to inform the police if the third party's fault has to be established or if anybody has been injured;
To complete the accident declaration and to send it immediately to: Avis Luxemburg, Findel Airport - 1110 Luxemburg, even if a police report has been made.
Immediately to return the vehicle to the rental company for an inspection to be carried out in accordance with paragraph 2 below.

The amount of the renter's liability may be multiplied by five if it is confirmed that the claim is the result of a serious infringement of the Highway Code.

The liability reduction afforded by the CDW/Super CDW product may be cancelled if AVIS can demonstrate that the renter acted in a manifestly negligent way when reporting the accident.
Avis Luxemburg ltd
Will assign an expert which will invite the renter to be present at the time of the examination. The expert will be tasked with assessing in greater detail the extent of the damage, the cost of the repairs charged to the renter, taking into account the normal wear and tear of the vehicle, of which the expert will only assess the impact, and of assessing the duration of their execution and the amount of compensation (unemployment, breakdown service, parking, etc.). If the renter should lodge an objection, whether or not he has taken out the aforementioned CDW or Super CDW cover, or if his entitlement to the benefit of this cover has not been established (e.g. damage resulting from a breach of contract), he has a timeframe of eight days to request another expertise. The expert appointed by the renter will have eight days to formulate his own assessment and fifteen days to hand in his report. If no agreement can be reached between the parties, the procedures of common law apply.
The renter expressly agrees that the number of days of unemployment charged to him will be calculated from the date of the claim to the end of the repair work, if the recorded damage was indeed caused by the renter. In that case, the renter will cover all the expert assessment costs. The decision of the counter-expert shall be binding and completely unappealable.
If a third party should acknowledge his liability and cover the cost of the damage, the amount thus refunded will be deducted from the amount fixed by the Expert, which may be higher than the amount set by the third party concerned or by any expert or representative of the third party.

In the event of damage, if the client requires a final breakdown of costs before Avis is in possession of the final bill for the repairs, the client agrees expressly to accept the value of a fixed repair estimate, and should he expressly require an estimation of costs he will be liable for a surcharge of € 25.00.

7. Payment

The renter commits himself to paying in cash, on returning the vehicle or no later than on receipt of each monthly invoice, if the rental is allowed for more than 30 days:
a) the rental amount calculated in accordance with the current rate and based on the number of days of rental and kms traveled, determined by the odometer;
b) all the optional items to which he has subscribed, the VAT that is legally applicable;
c) the amount of damages caused, limited according to the cover taken out by the renter as stated in article 5 of the contract. This amount will be increased by any repatriation costs and administration costs determined at € 65.00 plus VAT. The Damage Processing Fee is eliminated for all customers with a zero Non Waivable Excess.
d) if the vehicle is returned without full tanks of fuel, oil and other fluids, the compensation will be increased by a maximum of € 12.00 plus VAT;
e) an additional surcharge according to the percentage shown in the contract will be applied to any rental from our offices at airports and railway stations. The percentage and minimum of this surcharge are shown in the contract.
f) an amount of € 125.00 plus VAT in the event of loss of the on-board documents;
g) an amount of € 150.00 plus VAT in the event of loss of the service record book;
h) in the event of loss of the keys, the replacement cost of these according to the manufacturer's prices;
i) an amount of € 4.00 plus VAT per contract for a maximum of thirteen rental days as a contribution to environmental and ecological charges;
j) an amount of € 12.00 plus VAT per day, up to a maximum of 10 days per contract, if the driver is less than 25 years old;
k) An amount of € 16.00 plus VAT per day with a maximum of € 60.00 per contract for any additional driver named on departure of the vehicle,
l) a penalty of € 25.00 plus VAT if the office to which the vehicle is returned is different from the office specified in the contract on departure of the vehicle, in addition to the surrender costs relating to the return office;
m) a maximum amount of € 10.00 plus VAT if the booking is made by telephone by the international reservations centre;
n) any other amount that may be payable under this contract or may have been agreed between Avis and the renter or his employee.

The rental company reserves the right to charge the renter with a deposit at the time the vehicle is supplied, the amount of which will be calculated according to the expected duration of use and the kilometers to be traveled.

By means of his credit card, the renter expressly authorizes a guarantee to be constituted and any amount to be collected for which he is liable under these General Conditions.

8. Payment Methods

Any delay in payment shall entail the application by rights and without notice of default interest as defined in the law of 2 August 2002 and payment of a fixed compensation of 15% of the balance remaining due, subject to a minimum of € 125.00 and a maximum of € 500.00. Any failure to pay an overdue invoice and any failure to comply with one of the clauses of this contract shall authorize the rental company to immediately to terminate this contract by rights against the renter. If the rental company should be in default towards the renter for an amount payable under the terms of the law, it will be required to pay an interest based on the same rate and according to the same modalities as well as a fixed amount of compensation equal to 15% of this amount.

If the renter is a consumer under the terms of the law on commercial practice, and only in this case, in the event of an immediate termination of the contract, the rental company relinquishes the right to claim the rental amount for the expected days of rental that have not yet passed from the moment the vehicle is returned to the rental company.

No dispute will be accepted by Avis Luxemburg after 6 months have elapsed from the day on which the rental invoice was issued. If the rental invoice has not been disputed within this period, the amount will be deemed payable in its entirety without any right to appeal, unless the client can demonstrate that it was impossible for him to receive the said invoice (or certified copies thereof).

9. Collection costs

The costs of collecting Avis invoices will be borne by the debtor in proportion to the debt in question, whatever the means of collection used and regardless of the interest and compensation provided for in the previous article.

10. Amendment of the contract

Any amendments to the terms and conditions of the contract which have not been made in writing will be null and void.

11. Miscellaneous

Under no circumstances shall any clause or part of a clause that may be declared null and void entail the nullity of the other clauses of the contract.

12. Jurisdiction of the courts

This agreement is governed by Luxemurg law. Any dispute that may arise will be subject to the jurisdiction of the courts of the place where the registered office of the rental company is located, without prejudice to the latter's right to submit the dispute to any other court that may have jurisdiction.