General Terms
and Conditions for Rental

1. SUBJECT OF THE CONTRACT

Any equipment rental implies full acceptance, without reservation, of these general rental terms and conditions on the part of the Renter.

The Owner will provide the equipment specified in the conditions of this contract for the exclusive use of the Renter, without a driver or fuel for the transport of goods that belong to him. The Renter shall not assign, pledge, lend or sublet the vehicle.

The Owner shall not be held responsible for any direct or indirect consequences to the Renter or any Third Party in terms of any delays in provision of equipment due to events beyond his control, such as force majeure, strikes, changes in regulation, bad weather and delays in the return of a previous rental.

The Owner shall not be liable to offer any compensation as a result of this.

2. CANCELLATION OF BOOKING

Any request to cancel a booking made online via Internet should be made to the collection branch by telephone.

Otherwise, no changes can be made.

The Owner shall then send an acknowledgment e-mail to the Renter.

Cancellation delay of the reservation:

• When a cancellation is made more than one month before the date of collection, the Renter shall be refunded 100% of the amount paid online or in branch.
• When a cancellation is made between a fortnight and one month before the date of collection, the Renter shall be refunded 75% of the amount paid online or in branch.
• When a cancellation is made more than a week and less than a fortnight before the date of collection, the Renter shall be refunded 50% of the amount paid online or in branch.
• Where the cancellation is made less than one week before the date of collection, the Renter shall receive no refund of the amount paid online or in branch.
• If the Owner reimburses the Renter according to the aforementioned terms, this will always be by bank transfer.

3. POSSESSION OF THE VEHICLE

The Renter shall be in possession of the vehicle, its equipment and accessories including the keys and regulatory documents, between the provision and the final return of the equipment.

Whilst in possession of the vehicle, the Renter shall be responsible for any cases of malfunction of which the Owner was unaware and that would have affected the vehicle or its accessories. It is likewise in the case of poor driving.

4. CONTROL OF TRANSPORT OPERATIONS

The Renter has control of transport operations and determines the quantity and nature of goods to be transported. He will plan the routes and will direct operations and will be in charge of handling equipment. The Renter must comply with the safety rules in force. The Renter retains full liability for the goods carried.

Under no circumstances are the goods carried insured by the Owner. The Renter shall take out an insurance policy which waives any recourse against the Owner and his insurer and covers failure of the refrigeration unit.

5. AREA OF OPERATION

The Renter shall use the vehicle exclusively within the borders of metropolitan France and will drive it only on the terrain for which it was designed. Any derogation must subject to the prior written consent of the Owner. Use of the vehicle outside the authorized territories is strictly prohibited. Should the Renter deviate from this condition, he and his employees shall take responsibility for all consequences of incidents or accidents.

6. CONDITION OF THE EQUIPMENT

The Renter acknowledges that the equipment placed at his disposal is operational, in good working order and in compliance with the regulations in force. The Renter may not carry out any fitting or conversion.

7. MAINTENANCE

The Owner undertakes responsibility for maintenance and repairs to the vehicle in his workshops. When the vehicle or its equipment presents a fault that requires intervention, the Renter shall exclusively call upon the Owner. The Renter must satisfy himself of the proper functioning of the vehicle and its equipment and undertakes to immediately notify the Owner of any mechanical defect or anomaly, in particular in the event of breakdown or immobilisation. The Owner will also be responsible for internal and external cleaning of the vehicle. For mechanical interventions, the vehicle must be taken to the Owner's workshop. It should be completely empty, without any goods or objects left inside. The Owner shall not be held liable in the event of damage, loss or theft. The Renter shall be liable for all the material, financial and criminal consequences due to abnormal wear on the vehicle and its equipment. In no case may the Renter seek damages even for disturbance owing to the delay in returning the vehicle or for cancellation of the rental.

8. DAMAGE TO THE EQUIPMENT

Any goods transported, their packaging, how they are stored and any equipment used to handle them must not risk damaging the vehicle. The Renter is liable for damage caused to the vehicle, especially if it results from the use of forklifts or pallet trucks inside the vehicle, causing a depression in the side or front walls of the vehicle, as well as the doors.

9. USE

The transport of people and domestic animals is formally prohibited beyond the limit of authorised and available seats in the cab. If this number is exceeded, the Renter shall bear full liability for the consequences of the offence, both in financial and criminal terms and for injuries suffered by the persons transported.

10. DRIVING AND USE OF VEHICLES

The driver must, and this list is not exhaustive, conduct daily checks, prior to departure, of the oil levels and the engine cooling system, the tyre pressure, the correct functioning of the brakes and electric signalling. The Renter acknowledges receipt of the legal and regulatory documentation necessary for its use. In the case of loss of one or more of these documents, the Renter shall immediately notify the Owner in writing. The Renter shall be liable for all monetary or criminal consequences arising because of this loss. Immobilization of a vehicle, as a result of loss of administrative documents will not result in suspension of the rental or the corresponding invoice.

11. DESIGNATED DRIVER

The driver must be at least 21 years old and have held a valid national driving licence for more than three years, corresponding to the tonnage and the category of the rented vehicle.

If this is not the case, the Renter shall be fully liable in both criminal and civil proceedings in the event of a vehicle stop check or traffic accident.

The Renter, in addition to the compulsory presentation of a valid form of identification and driving licence, must present proof of address dated within the last three months.

A copy of all these documents will be kept by the Owner.

If the supporting aforementioned documents are not presented, the Owner reserves the option to not supply the vehicle without the Renter being entitled to compensation.

In accordance with the law of 6 January 1978 (amended), the Renter has a right of access and rectification to Petit Forestier by sending a recorded letter with a copy of one form of identity to Petit Forestier-Service Communication.

12. HIGHWAY CODE

The Renter will be solely responsible for breaches of the Highway Code and police regulations and shall bear any criminal or pecuniary consequences arising from these. In particular, the Owner shall not be held liable in a criminal or civil case where a traffic accident occurs under the influence of alcohol, a narcotic or a medicated substance that induces drowsiness.

13. SPECIAL EQUIPMENT

When the vehicle is equipped with a speed limiter, the Renter is liable for any damage or any voluntary alteration to the equipment, as well as the odometer intended to render the controls ineffective. The Renter assumes all monetary and criminal consequences from this damage found by the Owner or Public Services. Unreturned electrical leads will be charged to the Renter.

14. COMPULSORY VISITS

The Renter shall agree to all notices from the Owner, from whichever date or frequency that are intended to meet any kind of inspections and regulatory checks. Otherwise, the Renter will be liable for the material, financial and criminal consequences that may result.

15. DUTIES AND TAXES

The Renter is liable to pay, (this list is not exhaustive), motorway, bridges and tunnels tolls, car parking charges and any duties and taxes associated with the movement of goods, taxes, fines, levies and stamp or registration duties, present or future, relating to the rental, possession or the use of the vehicle that is the subject of this contract.

16. INSURANCE OF THE VEHICLE

The Owner on behalf of the Renter shall take out insurance affording civil liability which they may incur due to injury or damage caused to third parties by the rental vehicle, in accordance with the provisions of articles L 211 - 1 and following of the French Insurance Code.

It is stated that an excess of €800 + tax (eight hundred euros plus tax) will be charged to the Renter, for each loss or damage, accident without third party, accident in total or shared liability, and of €1200 + tax (one thousand two hundred euros plus tax) in case of theft, fire, or damage related to vandalism. The amount of these excesses is reiterated in the specific conditions.

The following are completely excluded from any warranty and remain under the full responsibility of the Renter: damages sustained by the vehicle when the driver was, at the time of the accident, under the influence of alcohol, a narcotic or a medication that causes drowsiness; when the driver did not fulfil the conditions of age and driver's licence as set out in article 11 of this agreement; where damages result from an impact from above; if damage occurred in the course of or after a hit-and-run or a refusal to cooperate; when damages are caused by impoundment; the damage occurred during trials, races or competitions; damage in addition to normal wear and tear, suffered by the vehicle due to loading with insufficient care or with goods that may damage the equipment; when the vehicle is used like a tool; theft of vehicle made possible by gross negligence of the driver, in particular leaving the keys in the vehicle; intentional damage; damage caused by foreign war; civil war; riots; volcanic eruptions; earthquakes or any other catastrophic event or natural phenomenon; any kind of weapons or devices intended to explode; any nuclear fuel or radioactive waste and damage to the Renter’s property.

In the event of fire in the premises, the Owner and the Renter expressly agree to reciprocally waive any recourse against each other in the event of fire in the rented vehicle, regardless of the causes and consequences, where the vehicle is being kept or on the Owner’s premises.

The Renter is excluded from any warranty in case of fire in the vehicle due to the installation of equipment or accessories by the Renter without prior permission of the Owner.

Different accessories or mobile parts supplied with the vehicle will be charged at their new replacement value if they are not returned.

The Renter confirms that he will report any accident or event that could lead to the implementation of insurance guarantees to the Owner within 48 hours and to notify the Owner immediately by telephone in the case of a serious accident. The Renter will take all necessary measures to protect the possibilities of recourse for the Owner and will carefully and legibly complete an "amicable statement of automobile accident" for any accident claim, even when third parties are not involved or identified, with, unless prevented by force majeure, precise identification of the third party, and in the case of objects hit at height and protruding from buildings, measurements from the ground and the edge of the pavement. In case of theft of the vehicle, its equipment or fittings, the Renter shall immediately make a declaration to the police station and shall notify the Owner by telephone. The acknowledgment of reporting a theft must be immediately returned to the Owner. By default, and without invoking a suspension of the rental invoicing, no replacement vehicle will be provided to the Renter. If the accident was not reported and documents were not sent to the Owner in a timely manner and if it were accepted that the delay caused prejudice to the Owner, the Renter would be fully liable without limitation of amount. It would be likewise in the event of false statements on the nature, causes, circumstances or consequences of the accident.

17. SECURITY DEPOSIT AND SETTLEMENT OF MONIES OWED

When signing the contract, the Renter shall provide the Owner with a security deposit, the amount of which is set out in the specifically-agreed conditions. It will be refunded when the contract expires and after settlement of all amounts due. Rental invoices and all sums due in respect of this agreement are payable in euros, in full and without discount.

In addition, any amount owed by the Renter upon the return of the vehicle beyond the rental price paid online must be paid in branch by bank card (for example, additional mileage or return after the agreed date).

In order to maximise the security of payments to Petit Forestier, the Owner may ask for additional supporting documentation.

In the event of non-compliance, the Owner reserves the option to cancel the order.

The Renter shall be informed that the communication of his bank details to the Owner implies that the latter shall be able to debit his bank account if a problem arises with the vehicle (filling the tank with fuel, repair of any damage to the vehicle, payment of a fine, unpaid invoices etc.) and the Renter shall not object to this.

All of this data shall be computer processed for the purpose of the proper performance of this rental agreement.

In accordance with the law of 6 January 1978 (amended), the Renter has a right of access and rectification to Petit Forestier by sending a recorded letter with a copy of one form of identity to Petit Forestier-Service Communication.

Any delay in payment for all or part of the rental will incur the payment of interest on arrears, at three times the legal interest rate. Late penalties can be demanded without a reminder and can be applied on the date the debt is due to be paid until the amount has been settled in full.

The Owner shall send the Renter electronic replacements of paper invoices that will be accessible through the free service for paperless invoicing. The electronic invoice bears an electronic signature that guarantees the authentication and integrity of the information contained in this invoice. It is both a legal and tax receipt.

18. CANCELLATION CLAUSE

It is specified that this contract may be terminated ipso jure to the sole blame of the Renter in the event of clear non-compliance with the terms and conditions in the contract and/or failure to pay any previous or current rental, or any amount arising from any rental agreements. The termination will take effect 4 days after an unanswered formal demand is sent to the Renter, even in the case of payment or fulfilment subsequent to expiry of the abovementioned delay. As a result of this termination, the Renter, without right or entitlement of possession, must immediately return the vehicle at his own costs and risks to a place designated by the Owner. If the Renter refuses to return the vehicle, he may be compelled to do so by summary order made by the President of the Competent Court.

19. END OF RENTAL

At the end of the rental period, the Renter must return the equipment to the place designated by the Owner. If he fails to return it within 48 hours, the Renter must pay a new rental period equal to that of the last term, without prejudice to the ability of the Owner to recover possession of the equipment under the conditions laid down in article 18.

20. DISPUTES

In case of dispute, only the courts of the DOMICILE OF THE DEFENDANT are competent. It is further agreed between the parties that the cancellation or modification, even judicial, of one or several of the above terms cannot result in the contract becoming null and void. The Renter shall assume all financial or criminal consequences which may result from failure to abide by or non-compliance with the abovementioned principles and rules.