These terms and conditions shall automatically apply to rented Vehicles, as defined in the specific terms and conditions entitled "RENTAL AGREEMENT".

This agreement may be automatically replaced by a new agreement to take into account any changes including changes to laws and regulations subsequent to or not included in this agreement.

All rates indicated in this agreement are expressed exclusive (HT) and inclusive (TTC) of tax, in XPF.

The rates and invoicing shall be modified by right during the term of the agreement by the OWNER depending on the evolution of the taxes relating to car rental and supplementary invoicing. In this document, the latter shall be named “additional charges”. The RENTER accepts this possibility in advance by signing this agreement.

The purpose of this agreement is to set out the terms and conditions under which the OWNER shall place at the disposal of the RENTER one or more motor vehicle(s) as specified in the specific terms and conditions entitled "RENTAL AGREEMENT", as freely chosen by the RENTER, who declares that he/she is an informed user and shall have custody of such Vehicle(s) as provided for by article 1384 of the Civil Code.

Each Rental Agreement shall comprise, in regards to the same RENTER:

• on entering into the agreement:

• General rental terms and conditions,
• Specific rental terms and conditions registered in the Rental Agreement per rented Vehicle.

• during the period of the agreement:

•  any appendices to the specific terms and conditions and, if applicable, any rider(s) extending the period of the agreement.

The contractual obligations entered into by the RENTER in respect of the OWNER constitute an indivisible obligation; accordingly, the Rental Agreement shall enter into force only when both parties have approved the general and specific terms and conditions. These General Terms and Conditions cannot be modified and/or amended manually by the RENTER or the OWNER.

It is thus agreed as follows:

1 - Definitions

"THE RENTER" shall refer to the paying contracting party and/or the main driver and other drivers as specified under the same Rental Agreement number and the signatories thereof.

"THE OWNER" shall refer to OLD PACO SAS POINT ROUGE LOCATION -  RCS Noumea 2012 B 1 133 529 (2012 B 590), established at 96, avenue Général de Gaulle, BP 32525 98897 Noumea CEDEX, telephone 28.59.20.

"THE VEHICLE" shall refer to a passenger or utility vehicle rented for the period of the Rental Agreement.

"DAMAGE" and "THEFT" shall mean any damage to the rented Vehicle including glass breakage involving optics, rear-view mirrors and headlights. A DAMAGE can include one or several incidents. An "incident" represents all damages from the same accident. In case of DAMAGE(S) caused by the RENTER to a third party and for which the RENTER is liable, the DAMAGES shall be borne by the RENTER up to a maximum of the excess, just as "THEFT" is related to it, and related incidents shall include vandalism, THEFT of accessories and attempted THEFT, together with damage resulting from THEFT and/or attempted THEFT.

"Additional Charge(s)" shall refer to any additional costs payable by the RENTER to the OWNER under the "Additional Charges" as specified in this Rental Agreement and displayed in the agency.

 

2 - Terms & Conditions - RENTER

Only the driver(s) named in the Rental Agreement and therefore approved by the OWNER are authorised to drive the Vehicle designated in the Rental Agreement. Only the drivers named in the Rental Agreement are covered by the insurance agreement signed by the OWNER. Consequently, when the Vehicle designated in the Rental Agreement is driven by a person who is not named on the Rental Agreement, the insurance cannot be effective and the RENTER remains solely, fully and totally responsible of the DAMAGE and incidents occurred and shall pay the full amount of administrative and repair costs without excess limit. The rental is therefore personal and non-assignable. Approved drivers shall act as representatives of the RENTER, who shall remain liable to the OWNER for full execution of the Rental Agreement and these terms and conditions. Upon release of the Vehicle to the RENTER or his/her authorised representative, the RENTER shall assume full responsibility as provided for by Article 1384 of the Civil Code.

 

The RENTER shall supply and provide proof of the information required to establish the Rental Agreement, namely: his/her identity in compliance with official documents and his/her driving licence, residential address, phone number, email address, driving licence type and date of issue.

All drivers must be aged over 21 and have been in possession of a valid driving licence corresponding to the type of rental Vehicle for a minimum of 2 years.

An international driving licence alone shall not be valid, it must be accompanied by a national driving licence in roman characters.

The amount of the deposit shall be doubled when the driver is aged from 21 to 22 years of age.

The RENTER hereby agrees that he/she has been informed that the OWNER will retain a copy of the licence(s) provided and that the driving licence will be required for each new rental or in case the agreement is extended.

At the start of the rental period, the RENTER shall make a deposit corresponding to the estimated amount of the rental invoice plus the amount of the deposit.

 

The OWNER reserves the right to terminate the rental at any time or to refuse any extension of the rental period in the event of the RENTER failing to fulfil its obligations as defined by this Rental Agreement.

 

Failure for the RENTER to meet all or any part of the requirements and obligations of the Terms and Conditions hereof as listed in Articles 2, 3, 4, 5, 6 and following shall constitute in the OWNER’s eyes an error, a negligence, a responsibility, a fault or a wilful breach of this Rental Agreement, the RENTER shall then be deemed responsible of the “DAMAGE”. Following this, should this error, responsibility, negligence, fault or wilful breach of this Rental Agreement entail sums to be paid by the OWNER for DAMAGE or rentals payable, these sums to be paid to the OWNER shall be assumed fully by the RENTER. The sums to be paid regarding attempted THEFT, THEFT, accident, repair, towing, fines or others shall therefore be paid by the RENTER according to the OWNER’s estimate who will unilaterally determine the “amount” (cf. Section 3 below). This amount shall be integrated into the “Total amount due”. The “Total amount due” indicated on the Agreement, this Agreement being equivalent to an invoice, and which also includes the sums due for rental and late fees increased by additional fees, may be directly levied without possible discussion or contestation and at the earliest by the OWNER on whole or part of the deposit (defined in Article 5-3) left by the RENTER, as of the first franc and without excess limitation. This excess may be directly levied by the OWNER without possible discussion or contestation and at the earliest by the OWNER on whole or part of the deposit (defined in Article 5-3) left by the RENTER.

 

The RENTER, even if not responsible of a DAMAGE on the rented Vehicle, remains liable for the full amount of the excess (see Articles 5 and 6). This excess may be directly levied without possible contestation and at the earliest by the OWNER on whole or part of the deposit (defined in Article 5-3) left by the RENTER, unless the RENTER has purchased a “Damage Waiver” to the OWNER for the concerned Rental Agreement and this Damage Waiver has been fully paid, and unless the RENTER is not responsible of this damage (see also Articles 5 and 6).

 

3-Use and operation of the Vehicle

3-1 Condition of the Vehicle

The Vehicle is delivered in good working condition, with bodywork and tyres in good condition, a spare wheel and standard accessories. The Vehicle is provided with a full fuel tank.

A "Vehicle Condition Report" detailing the Vehicle's condition shall be included in the agreement. Before leaving with the Vehicle, the RENTER shall note on the Rental Agreement any remark or apparent defect found which is not already listed in the said agreement. Failing this, the OWNER shall be deemed to have delivered a Vehicle in compliance with the Vehicle Condition Report and no subsequent claims regarding apparent defects not reported at the time of departure can be taken into account. In signing the release, the RENTER accepts the Vehicle in its present condition and approves the description of the Vehicle's condition as specified in the "Vehicle Condition Report". The Vehicle shall be released to the RENTER in a clean condition and shall be returned to the OWNER in a clean condition. All repair or refurbishment costs arising out of improper use by the RENTER and/or cleaning costs shall be charged in addition to the cost of rental. Cleaning costs may be charged if vehicles were not cleaned at the end of rental periods, in accordance with the current rate schedule displayed in the agency, which the RENTER declares he/she is fully aware of.

 

In the event of a dispute regarding a damage, an accident or a mechanical or other issue, the RENTER may appoint a certified expert assessor. Expert assessment costs shall be borne by the RENTER. If the expert assessor contradicts in whole or in part the amount on the OWNER’s invoice, the RENTER shall be reimbursed by the OWNER according to the statements made by the expert assessor, as well as for the expert assessment related costs. THE RENTER shall be reimbursed. The RENTER hereby agrees to claim no reimbursement for downtime or use any downtime as a pretext for non-compliance with contractual obligations. The OWNER reserves the right to replace the Vehicle in the event of safety, repairs or maintenance requirements.

 

3-2 Use of the Vehicle

Operation:

The RENTER shall drive the rental Vehicle with care and in compliance with the Highway Safety Code and other rules and regulations, including not driving while under the influence of alcohol, drugs or any substance likely to affect his/her ability to operate a motor vehicle, and shall use the Vehicle for its intended purpose, which, as regards a private passenger car, is the transport of persons without charge and, as regards utility vehicles, is the transport of goods.

 

Fuel:

The cost of rental does not include fuel. The Vehicle is provided to the RENTER with a full tank and must be returned to the OWNER with a full tank. The fuel gauge must show the fuel tank as full. The RENTER hereby undertakes to ensure that the Vehicle is refuelled only with the correct type of fuel as per manufacturer specifications.

If the OWNER is obliged to refuel the Vehicle, the actual cost of fuel will be invoiced, increased by the taxes and a fixed charge of 2,100 XPF excluding tax, 2,226 XPF including tax, to cover service station return trip.

 

RENTER's liability in respect of offences committed:

In accordance with the principle of the individual nature of penalties, the RENTER shall be liable for any offences committed through his/her own actions or through negligence during the period of the rental. The RENTER is therefore informed that his/her personal details may be communicated to police authorities at their request.

The responsibility of the RENTER shall extend to the consequences of any incidents occurring during the rental period where injury or damage caused only becomes apparent after the Vehicle has been returned to the OWNER. Should an offence be committed and the RENTER's details communicated to the authorities, the RENTER shall pay the OWNER administrative costs of 6,000 XPF excluding tax, 6,360 XPF including tax, per incident.

 

On-road use of the Vehicle:

Due to the dimensions of utility vehicles, the RENTER undertakes to take special care when performing certain manoeuvres (e.g. reversing) or when crossing bridges, tunnels and other highway infrastructure, this list not being restrictive. The damage caused to the higher and lower parts shall be invoiced as of the first franc and without excess limitation.

 

Restrictions on use of the Vehicle:

- The rental Vehicle shall not be used on unsealed roads or tracks unsuitable for motor vehicles or on mining sites. Roadside assistance can only be provided in respect of sealed roads open to public traffic.

- The rental Vehicle shall not be used to carry loads exceeding the authorised load weight, to carry more passengers than stated on the Vehicle's auto ID card or to carry passengers for hire or reward.

- The rental Vehicle shall not be used to take part in rallies, competitions or trials or to push or tow another vehicle.

- The rental Vehicle shall not be used to intentionally commit any offence, to give driving lessons, to drive on unsealed roads, to transport dangerous goods. None of the goods and baggage carried in the Vehicle, including their packing and stowage equipment, must be permitted to damage the Vehicle or put the occupants abnormally at risk.
- The RENTER shall be subject to all laws, regulations or customs requirements for goods transported when using the Vehicle.

- Smoking is prohibited in the rental Vehicle.

- When parking the Vehicle and the RENTER leaves the Vehicle, even for a short period, the RENTER undertakes to lock it and make use of the Vehicle's alarm and/or immobilisation equipment.

- The RENTER must never leave the Vehicle unoccupied, open. Moreover, he/she shall not leave the keys in the ignition or in the Vehicle. He/she must keep the keys with him/her or in a safe place.

- In the event of DAMAGE or THEFT, the RENTER shall forward to the OWNER the joint report of vehicle accident or a fully detailed accident report (date, place, implied persons, name of the driver(s), vehicles implied, exact and detailed circumstances of the incident…), or the declaration of THEFT certificate issued by the police authorities, together with the keys and vehicle registration papers, within 24 hours of the incident or the date on which the RENTER became aware of the incident.

- In the event of consecutive rentals for periods exceeding one month, every month on the rental start date, the RENTER shall ensure to have the Rental Agreement renewed, and, if necessary, pay any Vehicle rental period extension charges due to the OWNER.

 

3-3 Maintenance and responsibility for mechanical or bodywork repairs, loss of accessories, DAMAGE to interior parts and furnishings due to negligence, accidental damage or damage of unknown origin.

Depending on the number of kilometres the car has travelled during the rental period, the RENTER shall carry out regular checks of oil, water and other fluid levels, tyre pressure, etc. as per normal Vehicle operation and use. The RENTER shall take immediate precautionary action, such as an emergency stop, if any of the instrument panel warning lights illuminate.

The Vehicle is provided with tyres in good condition in compliance with traffic regulations. In the event that any of them is damaged for any reason other than normal wear and tear, hidden defect or in case of force majeure, the RENTER undertakes to replace it immediately at his/her own expense with a tyre of the same dimensions, type and equal wear characteristics.

The RENTER shall also bear any costs relating to damage to the wheel rims of the Vehicle.

If the odometer has stopped functioning, the RENTER must immediately inform the OWNER. Any failure to do so will entail payment of a distance charge fixed at 100 km per day.

In the event of a breakdown, the RENTER undertakes to promptly call the manufacturer's Breakdown and Assistance Service at the number indicated on the rental Vehicle, to inform the OWNER of the breakdown with all due speed and to secure the Vehicle in a safe place.

Where the length of the rental period may entail exceeding the kilometres travelled limit for scheduled maintenance and service intervals, the RENTER shall have servicing carried out at the OWNER's garage or a garage designated by the OWNER.

The cost of mechanical and bodywork repairs, replacement or supply of parts due to abnormal wear and tear, negligence, accidental damage or damage of unknown origin (including cracked or broken windshield) shall be entirely borne as of the first franc and without excess limitation by the RENTER, who may in no circumstances disclaim liability. The Vehicle shall be recovered by the OWNER or returned to the OWNER by the RENTER, the costs in both cases being borne by the RENTER.

Such costs include assistance, towing, mechanical and bodywork repairs and replacement parts, transport, security and parking costs and administrative fees. Similarly, costs relating to loss of accessories (spare wheel, hubcaps, jack, vehicle ID papers...), repair of damaged and soiled interior parts and furnishings (dashboard, mirrors, upholstery, floor coverings & ceiling panels, etc.), such list not being exhaustive, shall in all cases be borne in full by the RENTER.

Any DAMAGE resulting from the above section 3-Use and operation of the Vehicle shall be assumed in full by the RENTER, as of the first franc and without excess limitation, and without the RENTER being entitled to any discussion. In case of DAMAGE, the damage administration fees will be invoiced 15,000 XPF excluding tax, 15,900 XPF including tax, per incident. The OWNER is the only one who can choose the provider and rates to repair the DAMAGE. The “Total amount due” shall be detailed on the Rental Agreement, this Agreement being equivalent to an invoice.

 

4 - Rental period

4.-1 Rental period calculation

The RENTER agrees to return the Vehicle to the OWNER on the date and at the time indicated on the Rental Agreement. Failure to do so will lead to civil and criminal proceedings.
The maximum duration of a Rental Agreement is 30 days. The rental duration is calculated on the basis of indivisible periods of 24 hours, starting from the time the Vehicle is released, and by ½ day periods (4h30 minutes) for certain utility vehicles only.

Should the RENTER wish to keep the Vehicle for a period longer than that originally specified in the Rental Agreement, he/she must obtain prior approval from the OWNER and forward promptly and before the original rental expiry date, all rental and supplementary charges due on expiry of each current Rental Agreement, failing which he/she shall be liable to legal action for vehicle misappropriation and breach of trust.

Where there is no written agreement to extension of the rental period, the OWNER reserves the right to repossess the Vehicle wherever it is located and at the RENTER's cost.

In the event of a delay in returning the Vehicle or the Vehicle being returned to a location other than that originally specified, a surcharge shall be added to the current rate schedule which the RENTER declares he/she is fully aware of. The rentals and surcharge shall be directly levied by the OWNER on the deposit left by the RENTER.

 

4-2 End of rental

The return of the Vehicle to the OWNER at the agreed location, day and time constitutes the end of the rental and the RENTER shall pay the cost of the Vehicle rental up to and including such date of return.

The end of the rental is defined by the return of the Vehicle, its keys and registration papers to the OWNER's head office and within its premises in the presence of one of the OWNER’s employees.

Under no circumstances should the RENTER return the keys to any person other than OWNER's employees. To do so, the RENTER shall give back the keys to members of the OWNER’s staff, within its premises. The Vehicle must be returned during normal opening hours at the agency specified in the Rental Agreement. The RENTER shall be held responsible for the Vehicle until the OWNER takes possession thereof. If the RENTER agrees, on his or her sole responsibility, to deposit the keys in the boxes provided for this purpose in the OWNER’s agencies, the RENTER shall be held responsible for the Vehicle until the OWNER takes possession of the Vehicle during normal opening hours. The non-adversarial report shall then be drawn up by the OWNER and shall prevail in all matters. The RENTER may not contest such report. Should the Vehicle be returned without its keys, these and any Vehicle repatriation costs shall be charged to the RENTER.

The RENTER shall remain liable for the Vehicle up until the end of the Rental Agreement. Any use of the Vehicle which may be detrimental to the OWNER shall entitle the OWNER to automatically terminate the Rental Agreement with immediate effect.

In the event of THEFT, the Rental Agreement shall be terminated as soon as the OWNER has received a copy of the theft declaration made by the RENTER to the police authorities.

In the event of an accident, the Rental Agreement shall be terminated as soon as the OWNER has received a copy of the joint report of vehicle accident completed by the RENTER and, where applicable, the third party or, failing this, an accident report completed by the RENTER.

In the event of non-payment by the due date of any sums due, a fixed administrative charge of 25,000 XPF excluding tax, 26,338 XPF including tax, plus any legal and collection costs shall be added to the amount invoiced to the RENTER.

 

5 - Cost of the rental

5-1 Booking, advance, payment

Booking is made per Vehicle category and not per Vehicle type. There may be several Vehicle types within a single category. The estimated cost of the rental shall be payable in advance as an advance when a booking is made or at the latest, where no advance booking has been made, when the Vehicle is released. The advance amount shall be added to the amount of the deposit.

Booking is not guaranteed without full payment or an advance.

Payment for rental may be made by credit/debit card, cheque made payable to POINT ROUGE or in cash (AMERICAN EXPRESS cards under certain conditions, inquire at the counter).

To book a Vehicle, the RENTER must make a minimum advance of 5,000 XPF excluding tax, 5,300 XPF including tax.

 

5-2 Applicable rates

The rental rates are defined per category. The rates for each rental shall be the rates applicable when the agreement is signed and correspond to the OWNER's terms and conditions. Rates are exclusive of tax. A surcharge may apply in accordance with the current rate schedule displayed in the agency, which the RENTER declares he/she is fully aware of by signing this document.

Service charges (delivery and return) in Tontouta amount to 1,000 XPF excluding tax, 1,060 XPF including tax, per vehicle trip. Service charges (delivery and return) in Magenta, in Kone’s airfield, or other deliveries amount to 750 XPF excluding tax, 795 XPF including tax.

Service charges (delivery and return) outside normal working hours and outside the premises amount to 2,000 XPF excluding tax, 2,120 XPF including tax, for each Vehicle move. They amount to 3,000 XPF excluding tax, 3,180 XPF including tax, on weekends (from Saturday 11:00 a.m. to Sunday evening).

Vehicle abandonment costs from Kone to Noumea or Tontouta agencies (or the other way round) amount to 20,000 XPF excluding tax, 21,200 XPF including tax.

 

5-3 Deposit

The deposit ensures the OWNER is covered wholly or in part as regards the RENTER's contractual obligations. The deposit shall revert wholly or in part to the OWNER on a legal basis (up to the actual amount of loss or damage plus administrative costs) in the event of DAMAGE, error, negligence, responsibility, fault, wilful breach of this Rental Agreement, entailing late payment, accident or damage to the rental Vehicle and in the event of THEFT of the Vehicle or charges to be recovered by the OWNER. The deposit shall also revert wholly or in part to and be received by the OWNER on a legal basis (up to the actual amount of loss or damage plus administrative costs) as an excess, in case of payment by the RENTER, not responsible of a DAMAGE (see Article 6).

In the event of wilful DAMAGE or in the event of damage arising out of negligence, errors, faults or wilful breach of this Rental Agreement, and if the cost of such DAMAGE is in excess of the deposit, the total cost of repairs shall be borne by the RENTER as of the first franc and without being limited to the amount of the deposit.

 

Thus, by express agreement, the deposit shall be retained by the OWNER for an amount including all sums payable by the RENTER in respect of:

Payment for days of Vehicle rental and kilometres travelled, fuel and taxes.

Cleaning costs, according to the price list displayed in the agencies.

The cost of DAMAGES, accidents, THEFT, repatriation and accessories as provided for in this Rental Agreement and principally in Articles 3 and 4.

The cost of replacing any missing accessories, keys, parking passes...

Additional costs.

And in general, all amounts payable under this Agreement.

The amount of the deposit is as follows:

Categories E, P : 300,000 XPF

Other categories : 250,000 XPF

By express agreement, the deposit shall be doubled if the Vehicle is not returned on the date specified in the Rental Agreement.

As provided for in Article 2 above, the amount of the deposit shall be doubled if the driver is aged from 21 to 22 years of age.

Where no DAMAGE and/or THEFT or additional costs are involved, the amount of the deposit payment will be refunded after the rental has ended, when all vehicle checks are complete and any expert assessments carried out and cheque cashing deadlines confirmed. The OWNER has a 15-days deadline to refund the deposit.

If the amounts payable exceed the total of the deposit, the RENTER shall pay the OWNER the balance without delay, within 8 days. Should the RENTER fail to do so, he/she shall be required to pay, under the terms of Article 1229 of the Civil Code, a fixed penalty of 20% of the amounts due, in addition to fees and interest on arrears at 10%.

The deposit shall be paid by means of a credit card, a cheque payable to POINT ROUGE or in cash, deposited and refunded by wire transfer within 8 days after the end of the rental. The name and address indicated on credit cards and cheques must be identical to the name and address of the RENTER.

 

5-4 Joint surety

Where the RENTER is unable to pay the deposit in accordance with the terms and conditions specified in Article 5.3, a joint surety from a third party shall be required. In this case, a "Joint Surety Declaration" shall be signed by the guarantor.

The surety shall be refunded at the end of the Rental Agreement with a maximum delay of 15 days; however, if additional costs (kilometres travelled, fuel, cleaning...), unpaid bills, DAMAGE or THEFT are recorded by the OWNER, the OWNER shall retain the amounts due and refund only the balance to the guarantor.

 

5-5 Cancellation

A booking may be cancelled subject to the following conditions:

- Where a booking is cancelled 48 hours prior to the scheduled date of Vehicle release, the OWNER shall refund to the RENTER all sums paid at the time of booking

- Where a booking is cancelled between 72 to 0 hours prior to the scheduled date of Vehicle release, the RENTER shall owe the OWNER the amount of the advance, which the OWNER shall retain on a legal basis.

 

5-6 Promotional rates

Where the RENTER has been granted a promotional rate linked to a rental duration, any reduction of the initial rental period implying failure to comply with promotional duration terms and conditions shall automatically lead to the standard rate being applied to the rental.

 

5-7 Reduction of rental duration

Where the RENTER reduces his/her initial contractual rental period, the OWNER shall automatically recalculate the cost of the rental based on the standard rate being applied.

by a minimum of one day, a minimum fixed fee of 5,000 XPF excluding tax, 5,300 XPF including tax, shall be levied for the first day, increased by an amount of 1,000 XPF excluding tax, 1,060 XPF including tax, by additional day cancelled.

 

5-8 Location of delivery and return. Delay in return.

The Vehicle must be returned to the agreed delivery location. Additional fees shall be applied if the Vehicle is returned to a POINT ROUGE location other than that agreed for delivery in the Rental Agreement. Should the Vehicle be returned with a delay, additional fees shall apply, the rental cost being based per 24-hour period.

 

5-9 Weekend returns

Apart from returns in Tontouta, rental Vehicles cannot be returned during weekends except on Saturdays during normal business hours. Consequently, additional rental up to a maximum of one half day may be charged.

 

5-10 Immobilisation costs

In case of damage for which the driver is liable, the OWNER shall levy, on a legal basis, in addition to the excess, costs for Vehicle immobilisation during the immobilisation period of the Vehicle, at the usual daily rate, with a maximum of one month (30 days).

5-11 Additional costs

They are displayed in the agencies as “Service costs”.

 

6 – Liability, Excess and Insurance

The RENTER shall bear sole responsibility for the Vehicle in his/her custody.

Reminder: The RENTER shall be held liable for any deterioration, partial or total THEFT (accessories…) and DAMAGE to the Vehicle other than normal wear and tear.

The excess is the sum which remains at the RENTER’s charge to cover the sums to be paid for Vehicle repairs and related and additional charges in case of DAMAGE or “incident”. Repairs are assessed by the OWNER and invoiced with margin to the RENTER at the OWNER’s terms and conditions. “Incident” shall mean any DAMAGE, accident, total or partial THEFT, THEFT attempt, degradation and, in general, any DAMAGE to the Vehicle. Vehicle for which the RENTER is liable. This regardless of whether the RENTER is responsible or not for the incident. There is one excess per incident. Should the OWNER notice several incidents, the RENTER shall pay as many excesses as there are incidents under the same Rental Agreement. This excess remains in whole the property of the OWNER, but up to the amount of the sums to be paid (if the sums to be paid are lower than the excess amount), as invoiced by the OWNER, even if the RENTER, in the OWNER’s eyes, is not responsible for the incident. In case of THEFT, the amount of the excess is doubled. Payment of the excess shall be directly levied without possible contestation and at the earliest by the OWNER on whole or part of the deposit (defined in Article 5-3) left by the RENTER. A detailed invoice shall be provided to the RENTER.

The OWNER shall only request the OWNER's insurer for reimbursement of claims for damage or THEFT the total value of which is greater than the excess paid by the RENTER. "Insured person" shall mean any person legally liable as a result of having custody or being the driver of the insured Vehicle with the authorisation of the OWNER or the RENTER.

All Vehicles are covered by an insurance policy - available from the OWNER at the RENTER's request - in full compliance with applicable regulations. The RENTER acknowledges that he/she has been informed that such policy excludes travel, baggage, goods carried, trailers and personal items coverage. In case the RENTER is declared not responsible of the damage, by the involved insurance companies or by the Noumea Court, the amount of the excess shall be refunded t the RENTER, subject to deduction of POINT ROUGE’s individual insurance excesses and of additional costs paid in case of damage.

 

On the one hand, the external degradations caused intentionally or unintentionally - damage of upper parts of bodywork (above the windshield) and of lower parts of bodywork (side skirts, underside de vehicle…) because of a poor assessment of the size or other reason, damage and degradation underneath the vehicle and their mechanical consequences, degradations of wheels and mechanical links, wheel rims and hubcaps, on the other hand, internal degradations caused intentionally or unintentionally - broken accessories, cigarette burns, damage to baby seats and booster seats… damage caused by goods and baggage carried in the Vehicle, including their packing and stowage equipment, by overload etc. remain at all times the entire liability of the RENTER, as of the first franc and without excess limitation. The same applies regarding the costs incurred by the use of incorrect fuel.

The RENTER can beforehand pay a daily fee for a “DAMAGE WAIVER” insurance (see also Article 2). The Damage Waiver insurance is subscribed at OLD PACO POINT ROUGE provider. This insurance is valid for one incident only and for DAMAGE for which, at the OWNER’s assessment, the RENTER is not responsible according to these General Terms and Conditions. The fee for the supercover categories A, A1, A2, B, BA, L3 is 3 000 XPF HT by day of rent. For the categories L, P, J, E, H and K : 4 500 XPF HT by day.

The RENTER can before hand pay a daily fee for an optional widescreen damage waiver for any damage that will occur to the vehicle’s windows (front and back windscreens, windows). This option does not reduce the financial responsibility of the RENTER for any other DAMAGES caused to the vehicle (sunroof if existing, mirrors) or to the theft for which the RENTER remains responsible, in the limits of any other additional damage waivers conditions applicable. The fee for this insurance is 1 000 XPF excluding taxes or 1 060 XPF including taxes.

 

The OWNER accepts no liability, nor may be held liable for loss, THEFT or DAMAGE to property and valuables carried or left by the RENTER or any third person on or in the Vehicle during the rental period or after the return of the Vehicle.

The RENTER hereby agrees to the said policy and undertakes to comply with its terms and conditions. Furthermore, the RENTER agrees to take all steps required to safeguard the interests of the OWNER and the OWNER's insurance company should an accident occur during the period of this Rental Agreement, including: advise the OWNER of any accident, THEFT or fire within a period of 24 hours and immediately alert the police authorities in the event of THEFT or personal injury, ensuring that the circumstances, the names and addresses of witnesses, the name and address of the opposing party's insurance company and the policy number are stated in the automobile accident report. Attach any police or gendarmerie report, statement of claim certificate, etc.; under no circumstances discuss issues of liability or negotiate or deal with third parties with regard to the accident, never abandon the Vehicle without taking due care to ensure its safety and security.

If no joint report of vehicle accident or accident report is handed in when the Vehicle is returned, all costs of repairs arising out of the accident shall be charged to the RENTER.

All costs of repairs to the Vehicle arising out of error, negligence, responsibility, fault or wilful breach of this Rental Agreement by the RENTER, shall be charged in addition to the cost of rental and shall be invoiced in full to the RENTER. In such instances, the OWNER will not claim reimbursement under the OWNER's insurance policy. The OWNER accepts no liability, nor may be held liable for any loss or DAMAGE caused by the RENTER or any third party when loading or unloading the Vehicle, including DAMAGE to the Vehicle doors.

In the event of THEFT, the RENTER will be covered by the OWNER's insurance company, subject to compliance with the terms and conditions hereof, and subject to return of the keys, vehicle ID papers and the certificate of the report of THEFT lodged with the competent authorities.

The Vehicle shall be insured only for the period of rental specified in the Rental Agreement. On expiry of such period, unless an extension has been previously agreed, the OWNER accepts no liability for any accidents caused by the RENTER, for which the RENTER shall be personally responsible. Failure to meet all or any part of the aforementioned requirements and obligations shall constitute negligence.

 

Insurance: additional charge:

An additional charge of 15,000 XPF excluding tax, 15?900 XPF including tax, per incident shall be invoiced to the RENTER in respect of each accident.

 

7- Towing/Trailers

The RENTER shall request in advance the OWNER's agreement to the use of any trailers. The RENTER shall take out special insurance with the insurer of the Vehicle towing the trailer. A certificate of insurance will be required by the OWNER before the trailer can leave.

 

8. Transfer - Subletting

The RENTER may not transfer the benefits of all or any part of its rights and obligations under this Rental Agreement without the express written consent of the OWNER. However, the OWNER reserves the right to transfer or assign the Rental Agreement to a third party. The RENTER agrees not to sublet the Vehicle or surrender the Vehicle wholly or in part.

 

9 - Competent jurisdiction and data protection

9-1 - Competent jurisdiction

The parties agree that any dispute relating to this Agreement shall fall within the exclusive jurisdiction of the competent Noumea courts.

9-2 - Data protection

Personal data about individuals collected in connection with the Rental Agreement will only be used for administrative or business purposes or to meet legal or regulatory requirements. Under the terms and conditions of the Data Protection Act 78-17 of 6 January 1978, the RENTER may exercise his/her right to access personal data.

The foregoing constitutes the OWNER's "TERMS AND CONDITIONS OF RENTAL" which the RENTER acknowledges having read, understood and agreed to fully and without reservation by affixing his/her signature to the "RENTAL AGREEMENT" - the said document constituting the specific conditions of rental - representing, together with this document, an indivisible whole.