The lessee and the drivers authorised by the lessor and designated on the reverse of the present contract are obliged to present the lessor with a currently valid identity card or passport, a driving licence issued more than three years previously which is currently valid in the territory where they are driving. The minimum age required to lease a vehicle is set at 23. The lease, which is personal and non-transferable, is concluded for a determined term stipulated on the reverse of the present contract. The lease and the authorised drivers are liable towards the lessor for full performance of the present terms. When the vehicle is delivered the lessee and the authorised drivers become fully liable, according to the terms set out in article 1384 of the Civil Code. The lessor reserves the right to terminate the lease, immediately and as of right, without being bound to give any justification or make indemnities in the hypothesis that the lessee has not satisfied one of the essential obligations of the present contract, notably the terms of use of the vehicle, payment of the rental payments and the terms for return.
The lessee undertakes:
1. to allow the vehicle to be driven only by the authorised drivers.
2. to drive only on roads designed for motor vehicle driving. Not to participate in competitions, rallies or sporting motor vehicle races.
3. not to transport passengers for payment, nor to transport more passengers than there are sitting places in the vehicle.
4. not to use it for illegal or immoral purposes, nor for purposes not intended by the manufacturer.
5. not to attach other vehicles, trailers or any other object to it, and not to make any modification to it.
6. not to use the vehicle when under the influence of alcohol or drugs or any other substance affecting their awareness or their capacity to react.
7. to use the leased vehicle in accordance with the customs regulations, Highway Code, and more generally in accordance with the legal and statutory provisions.
8. to use and maintain the vehicle as a responsible lessee.
9. the lessee and the authorised drivers undertake to use the leased vehicle in the ST - BARTHS FWI only.
10.the lessee undertakes to keep the keys of the vehicle as a responsible lessee. If the keys are lost the lessee shall be invoiced for a set-price sum of 300 Euros.
The vehicle is delivered in a satisfactory apparent condition of operation, subject to possible hidden and bodywork flaws, with tyres in satisfactory condition, spare wheel and accessories. By signing the contract the lessee accepts the vehicle in its current condition, and undertakes to return it in the same operational and bodywork condition, with the tyres, spare wheel and accessories in satisfactory condition. The lessee undertakes not to seek damages for interruption of service, incident or accident attributed to the condition of the vehicle or of the tyres.
4.1. Maintenance When the lessee takes possession of the vehicle it will find in it an explanatory maintenance notice, describing in detail the conditions for maintenance and the use of the vehicle. In the event of a lease for a period of over 1000 km, the lessee must check the engine oil level and top it up as required. They must also present their car to the lessor's garage or have the periodic maintenance inspections required by the notice undertaken by any agent approved for PORSCHE . However, the lessee may, subject to the lessor's written agreement, present the vehicle in a garage other than those mentioned above. The lessee must produce a detailed invoice with receipt, together with the defective parts for all operations thus undertaken outside the workshops of the lessor or of the agents approved for the make PORSCHE.
4.2. Repairs The lessee undertakes that necessary repairs shall be undertaken without delay. Repairs, exchanges of parts or of tyres resulting from normal wear and tear, and maintenance inspections are payable by the lessor and shall be undertaken by it. However, if the vehicle is immobilised as a consequence thereof outside the conurbation of the agency having granted the lease, the lessee may, after obtaining the lessor's written or telegraphic agreement, give responsibility for these works, or these supplies, to an approved agent or to another garage of the lessor or any other garage. Repairs, exchanges of parts or of supplies resulting from abnormal wear and tear, negligence, accidental or indeterminate cause, shall remain the responsibility of the lessee, unless the latter produces proof that it has committed no fault. In the above-mentioned cases the lessee undertakes, at its expense (removal, transport, towing costs, etc.), to return the vehicle, on the terms set out above, unless the lessee has subscribed for the optional guarantee in respect of assistance referred to in article 5.
The lease shall continue to have effect, and all the subsequent obligations of the lessee shall remain in force, as long as the lessor has been able to replace the immobilised vehicule.
(summary deemed equivalent to an information notice) 5. Insurance
1. Mandatory Civil Liability: this covers damage caused by the Vehicle to third parties in accordance with the regulations.
2. Defence against Legal Action and Legal Protection: following an accident involving the leased Vehicle, liability taken by the Insurer to cover defence and/or legal action costs, up to a maximum of 15.000 euros per casualty.
3. ONLY IF THE LESSEE HAS SUBSCRIBED, AS APPLICABLE, CDW option (Cf. Reverse of the lease contract). Individual of the driver and of the passengers following an accident involving the leased vehicle, acceptance by the insurer of bodily damage incurred by the driver and/or the passengers transported in the leased Vehicle, up to the number of provided places, and on the terms below.
5.2 Principal exclusions
a) In respect of all guarantees
- Damage having occurred when at the time of the casualty the driver is younger than the required age or does not hold the currently valid driving licence required by the regulations in force to drive the vehicle,
- Damage incurred during trials, races, competitions or their heats subject to authorisation of the public authorities,
- Damage resulting from an intentional act,
- Payment of fines and all other penalties,
- Damage incurred by animals transported in the Vehicle.
6.1. If no CDW option are subscribed, the following are not covered:
Accidental damage incurred by the leased vehicle,
- Damage incurred by the leased vehicle resulting from breakage of glass, fire, theft or non-return of the vehicle, vandalism, flood and natural event. In these cases the lessee bears the sum of the damage up to the total 15.000 euros excess mentioned on the reverse of the present contract.
- If the terms for lease and use of the vehicle referred to in articles 1 and 2 of the present contract are not honoured.
- If the vehicle is not returned or stolen, without the keys being returned, unless the lessee proves that they were obliged to submit the keys under constraint. The cost of the damage payable by the lessee is equal to the repair costs (at the value of the vehicle before the casualty in the event of a total loss), the vehicle immobilisation costs, the related costs and the set-price administrative costs, set at 60 Euros inc. VAT. In cases other than those referred to above the lessee bears the sum of the total excess mentioned on the reverse of the present contract.
6.2 If the lessee subscribes:
a) To the CDW option (damage other than theft or attempted theft): the exces
s is limited to the sum indicated on the reverse of the present contract.
- Damage caused intentionally.
- Driving with a blood alcohol level higher than the legal norm, or under the influence of narcotics which have not been medically prescribed,
- Driving on roads unsuitable for traffic (sites, pedestrian routes, etc.),
- Damage resulting from failure to respond to dashboard alarm lights,
- Failure to comply with the useful load of the leased vehicle,
- Damage resulting from poor assessment of the clearance of the leased vehicle,
- All damage to the inside the vehicle, to the tyres and wheel rims,
- Errors relating to the type of fuel,
- Damage occurring after the date of return set out in the contract,
b) TPC (theft or attempted theft) option:
the excess is limited to the sum indicated on the reverse of the present contract. This additional cover has no effect in the following cases:
- In the event of theft or disappearance, non-return of the keys and of the papers of the vehicle to the lessor, unless the lessee establishes that they were forced to hand over the keys under constraint or under threat from a third party. In the event that the vehicle is discovered the lessee shall be invoiced for the lease until the date of discovery, for the cost of repair of the vehicle, for the administrative costs, for the immobilisation costs and for all related costs.
- Thefts of personal objects and effects of the lessee or of the passengers. This additional type of cover (CDW) also have no effect in the event that the conditions of use referred to in articles 1 and 2 of the present contract are not satisfied.
Every accident, instance of damage or theft incurred by the leased vehicle must be declared within a period of 2 working days to, PLATINUM ST BARTH - CAR RENTAL, Merlette - 97133 St-Barths An accident report must be completed and attached to the declaration. The theft must also form the subject of a lodged complaint within 48 hours of its discovery. Failure to satisfy these formalities leads for the lessee to loss of benefit of the additional protections, unless they prove that they have been prevented from accomplishing them.
Fuel costs are payable by the lessee. PLATINUM ST BARTH - CAR RENTAL supplies the vehicle with a full tank initially as part of the service granted to the client. If the lessee does not return the vehicle with a full tank PLATINUM ST BARTH - CAR RENTAL shall fill the vehicle and invoice the client for the fuel costs for filling up the vehicle. A leased day is calculated by the hour in periods of 12 or 24 hours according to the applied price. The length of lease invoiced is calculated in non-divisible segments of 12 or 24 hours, with a tolerance of 29 minutes. Above the latter, depending on the applied price, an additional day or half-day shall be invoiced. The lessee must pay the lessor a provisional rental payment corresponding to the term of the lease, with the stipulation that the determination of the definitive rent will be subject to a modification in accordance with the value of the provisional rent. A daily road fee is invoiced in addition to the applicable price.
By application of article 33 of the Order of 1 December 1986, in cases of a lease to a professional, late payment penalties calculated at a rate equal to three and a half times the legal interest rate in force on the date on which the payment becomes payable shall be due in the event of late payment.
By express agreement, they value of the deposit determined on the reverse of the general lease terms is granted to the lessor as sole owner, up to the sums due by the lessee to the lessor, in the event of non-payment of the lease payments, and in the cases set out in article 6 above. If the value of the sums due is greater, the balance must be paid by the lessee to the lessor, immediately on cessation of the lease. Should this payment date not be honoured, the lessor reserves the right to require that the lessee pays the late payment penalties calculated at a rate equal to one and a half times the legal rate in force on the day on which the payment becomes payable. If the value of the sums due is less, the lessor undertakes to return the difference to the lessee within a maximum period of one month.
The lessee must request an extension of the lease from the lessor at least 48 hours in advance, accompanying it with the corresponding payment, failing which they expose themselves to legal action for misappropriation of the vehicle and breach of trust. However, the lessor reserves the right to refuse to extend the lease, without any indemnity for the lessee, and with the obligation for the latter to return the vehicle immediately.
Only the return of the vehicle, of its keys and of all its administrative documents to the lessor, in the agreed location and on the agreed date, causes the lease to cease. The lessee must pay the value of the lease up to the date of return, unless the lessee no longer has use of the vehicle for reasons which are not attributable to it. The vehicle must be returned during the opening hours of PLATINUM ST BARTH - CAR RENTAL. If the lessee nevertheless returns the vehicle outside the opening hours, the lessee shall be responsible for its guard, and risks relating to it and the cost of the lease until the opening hours of PLATINUM ST BARTH - CAR RENTAL.
The lessee and the authorised drivers are liable to pay fines and tickets imposed on them, for which they have legal liability. They undertake to repay their sums to the lessor if the latter is obliged to advance them. If the lessor is obliged to intervene in processing these fines or tickets the lessor shall invoice the lessee for a set-price sum of 25 Euros per intervention for administrative costs.
In the event of a dispute relative to the performance of the present contract, jurisdiction is attributed to the Court covering the registered office of the company having made the lease. If the lessee is an individual the competent Court shall be, as the plaintiff sees fit, that of the location where the defendant resides, or that of the location where the contract was signed.
Platinum St Barth
We offer our PORSCHE MACAN S, CAYENNE 4×4, BOXSTER, MERCEDES CLK 63 AMG and SLK 300 Convertible, BMW Z4 Convertible, RANGE ROVER EVOQUE and MINI COOPER for the most discerning clientele of St.Barth,
throughout the year without interruption, we are pleased to offer models suited to your needs and your dimension.
Upon your arrival in Saint Barth, we will meet you and accompany you to your hotel or villa to complete your rental contract and fill you in on all the details of you vehicule.
All of our five-seat models are air-conditioned, with electric windows-tinted in the back for the comfort of your family, plus a radio / CD, adaptor for MP3 player, leather seats with electric control , a large lugage area, and PORSCHE’s exclusive Tiptronic automatic transmission.
The staff of PLATINUM ST BARTH looks forward to partering with you during you stay on the island for you special event.
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