TERMS AND CONDITIONS OF RENTAL 01/02/2023
For the purposes of these Terms and Conditions of Rental “the Company” “we” “us” or “our” shall be S.A.R.L. Buggs (Siret No. 488 473 919).
The “customer” or “you” shall be any business, partnership, individual or specified driver who shall enter into a hire agreement with the Company. “Vehicle(s)” shall be the car(s) and any associated accessories.
The Rental Agreement is the document you sign when you pick up your vehicle. When we refer to the Rental Agreement we mean the signed document and these Terms and Conditions of Rental. By signing the Rental Agreement, you indicate that the summary details are correct as well as your acceptance of these terms. The Rental Agreement begins at the agreed start of the rental period.
We are responsible to you for providing the vehicle in good overall and operating condition and for replacing the vehicle in the event of mechanical breakdown. It does not extend to other losses arising from your rental unless they are a direct and foreseeable result of our negligence or breach of the Rental Agreement. In this case our responsibility to you will not cover loss of profits or loss of opportunity.
You must care for, use and return the vehicle in accordance with rental Agreement. You are responsible to us if the vehicle is returned late, lost or damaged, as well as for traffic fines and other charges that arise during the rental.
Please read these Terms and Conditions and the Rental Agreement carefully to fully understand your obligations in full.
In the unlikely event you experience a problem, we have set out below our complaint procedure:
1 Please contact us immediately if you have a problem on 0033 (0)553 740 586.
2 We will discuss your issue with you and try to resolve it verbally.
3 If we cannot verbally agree on a way forward, we ask that you put your complaint in writing and send to Disputes, SARL Buggs, 636 Route du Golf, 47290 Castelnaud de Gratecambe. We may pass this on to our legal team.
4 We will contact you within 14 days to propose a resolution.
5 If we reach deadlock, you will be advised, in writing, that we cannot agree a settlement.
6 You can then refer the matter in writing to the ombudsman Médiateur du Conseil National des Professions de l’automobile at 50, rue Rouget de Lisle – 92158 Suresnes cedex.
1. The Vehicles
1.1 All the vehicles on hire from the Company shall remain the property of the Company at all times. At no time can you transfer or sub-rent the vehicle.
1.2 The vehicle must only be driven by you the Customer or any other person who has been authorised by us and who is named on the rental agreement. You will not allow the vehicle to be driven by any person (including yourself) who is over tired, under the influence of alcohol, drugs, medication or other legal or illegal substances which may impair their consciousness or their ability to react accordingly.
1.3 Vehicles will be passed to the Customer in good overall operating condition, complete with all necessary documents and accessories. You agree to return the vehicle in the same condition at the agreed time and place stated on the rental agreement.
1.4 The Company’s liability for any defect or failure of the vehicle is limited to the rectification of any defect arising from normal usage.
1.5 The Company shall inspect the vehicle prior to the rental start and a summary of any pre-existing damage noted on the Rental Agreement.
1.6 The Company shall provide a summary of any pre-existing damage at the start of your rental. Before the rental begins it is important that you inspect the vehicle and compare its actual condition to the summary. Any differences must be reported to staff and the summary updated before you leave the rental premises and the rental begins.
1.7 Once the rental period has started the damage agreed by both parties is final, the responsibility and cost of repair of any further damage identified at the end of the rental is the sole responsibility of the Customer.
1.8 Upon signing the rental agreement the Customer accepts the condition of the vehicle and is responsible for any losses, accidental and non-accidental damages to the vehicle.
1.9 The Customer is responsible for all vehicle accessories, internal and external, and commits themselves to refunding the Company the amount of any insurance excess charges, (see section 5) damage repair costs and or any losses incurred by the Company as a result.
1.10 Upon return, the Customer shall inspect the vehicle and declare any additional damage or shortfalls. The Customer shall remain liable for any undeclared or hidden damage, faults or false declarations that are subsequently found after the rental agreement has been signed upon the vehicles return.
1.11 Upon return, should the vehicle require any repairs, refuelling or additional or exceptional cleaning, then the full amount will be debited from the card guarantee left by the Customer specifically for this purpose, this may in certain circumstances exceed the sum left as a guarantee, if this is the case, the Customer, by signing the agreement, authorises the Company to take the full cost.
1.12 The Customer is responsible for the care of the vehicle and reducing the risk of breakdown and damage by complying with the restrictions below. You must use the correct fuel and check the tyres regularly. If any warning light is displayed requiring you to refill fluids you must refill as necessary and the cost will be refunded to you.
1.13 The Customer undertakes to ensure that the Company’s vehicles shall not be used for any purpose beyond its capability, capacity or in a manner that is likely to result in damage or unnecessary deterioration of the vehicle.
1.13.1 carrying of passengers or cargo for remuneration
1.13.2 or any object or substance which because of its condition or odour may harm the vehicle
1.13.3 taking part in any race, rally or off road activity
1.13.4 any towing or pushing of any other vehicle or object
1.13.5 any illegal/unlawful purpose
1.13.6 any auto training
1.13.7 transport of animals/pets
1.14 Vehicles cannot be modified or altered in any way by the customer. Any modifications or alterations will be charged at the cost of rectifying.
1.15 Any damage to or breakdown of a vehicle is to be reported to the Company immediately.
1.16 Vehicles are not to leave the country of France without the consent of the Company.
1.17 Smoking is strictly forbidden in any of our vehicles and carries a 500.00€ penalty charged to any Customer found to be in breach of this clause.
2. Charges & Payments
2.1 Before the vehicle is issued to the Customer, the Customer must provide a valid Credit Card or Debit Card to the Company to be used as a deposit guarantee.
2.2 A pre-authorisation of a minimum of 500€ will be made on the card. If the Customer has not accepted our Buggs Excess Protection Waiver and the Company has reason to believe that the Customer, if required, has no means to pay the full insurance Excess, then the Customer may be required to leave a larger deposit up to the total amount of the applicable Excess, before the vehicle will be released. If the Customer has purchased our Buggs Excess Protection Waiver then the deposit required is reduced to 250€.
2.3 This deposit is a pre-authorisation payment, this means that the money is not debited from the card but allows us access to those funds, our access to the funds is released by us at the end of your rental, less any charges incurred by the Customer, for which the Customer will receive an itemised receipt. Your bank or card provider may choose to delay this release, if this is the case and the pre-authorisation is still showing as a 'pending payment' then you will need to contact them directly.
2.4 The Customer upon giving these card details and by signing the rental agreement, authorises the Company to use this card for the payment of any additional charges/costs arising from this hire, further authorisation from the Customer shall not be requested or deemed necessary. An itemised receipt of any deductions made from the customers card will be issued to the customer.
2.5 The Company will not issue any vehicle for hire until full payment for the hire period is received.
2.6 The Customer must be at the agreed location at the agreed time for collection of the vehicle, If not a penalty of a minimum of 25€ per hour waiting time will be charged (not applicable due to flight delays). Failure to return the vehicle at the agreed time and place shall incur a penalty charge of a minimum of 25€ per hour waiting time and/or the relevant 24 hour rate.
2.7 The vehicle remains the responsibility of the Customer until the vehicle is returned, cleaned and inspected. Upon return, the signed rental agreement does not exclude the customers responsibilities should undeclared or hidden damage or faults be found to have occurred during the rental.
2.8 Hire charges are based on the period of the contract irrespective of whether or not the equipment is in use.
2.9 All charges are made in €’s, the Company cannot be held responsible for any fluctuation or changes in currency conversion rates.
2.10 In the event of an accident the customer is responsible for the full costs of recovery, storage, administration and other costs not covered by insurance of the vehicle.
2.11 In the event of a puncture or tyre damage the customer must inform the Company and the Customer is responsible for the cost of repair/replacement. If the Customer has purchased the Buggs tyre protection waiver, then the cost of the replacement or repair will be reimbursed to the Customer upon the receipt of a valid receipt.
3.1 Buggs offer Free Cancellation upto 48 hours before your rental starts. To qualify contact us by email at email@example.com no less than 48 hours before your confirmed arrival time. Upon receipt of your email our Buggs Booking Team will contact you to make your new arrangements or to process your refund.
3.2 If you have chosen to book with Flexi+ then you can cancel your booking upto 5 hours before your schedulded rental start. To qualify contact us by email at firstname.lastname@example.org no less than 5 hours before your confirmed arrival time. Upon receipt of your email our Buggs Booking Team will contact you to make your new arrangements or to process your refund.
4. Third Party Insurance cover
4.1 The Company has a legal requirement to provide third party cover and is included in your rental charges.
4.2 Our insurance policy meets all legal requirements and protects us, you and any authorised driver against legal claims from any other person for death or personal injury or damage to any other person’s property caused by use of the vehicle.
4.3 In the event that any third party suffers death, personal injury or damage to property caused by use of the vehicle which involves a breach by you or any authorised driver of any of the terms and conditions of this Rental Agreement, you agree to reimburse us in full for any payment the Company or our insurers make to a third party on your behalf and/or any third party.
5. Insurance Excess
5.1 In addition to Third Party Insurance our vehicles are covered by our fully comprehensive insurance, which is included in your rental charges. An Insurance Excess (see 'insurance' link on our website for current excess levels) is applicable on the standard policy in the event of an insurance claim and/or damage to the vehicle. The amount of the applicable Insurance Excess will be printed on the rental agreement.
5.2 In the event of damage/theft to a vehicle the Customer commits themselves to refunding the Company the total amount of the insurance excess, irrespective of who was driving the vehicle, irrespective of fault, irrespective of the amount of cost to rectify and irrespective of any third-party excess waiver insurance the Customer may hold. The Company may choose to reimburse the Customer an amount should the costs to rectify and any associated costs incurred by the Company be less than the excess amount. The hirer/driver must complete the supplied insurance accident report form (constat d’accident), this is essential to validate any insurance claim, without this the Customer may be responsible for the full repair and associated costs.
5.3 Buggs Excess Protection Waiver - on condition that the Customer complies with all the terms on this agreement and that any damage or loss is not caused by negligence or intentionally by the Customer or by any authorised or unauthorised driver, the Customers liability to pay the relevant insurance excess will be limited if the Customer has purchased Buggs Excess Protection Waiver.
5.4 If the Customer has accepted the Buggs Excess Protection Waiver, then by paying the specified daily charge, payment of the relevant insurance excess, in the event of any damage or loss, will be reduced by 75%. The Buggs Excess Protection Waiver, does not include any damage to glass, wheels and tyres and vehicle undercarriage, nor the loss, damage and cost of replacement keys, for which the Customer remains fully responsible and must reimburse the Company in full.
5.7 If the Customer chooses not to accept the Buggs Excess Protection Waiver, then the Customer will be liable to pay the Company the full Insurance excess relating to the vehicle, in the event of an insurance claim or damage to the vehicle, the Customer authorises the Company to take the payment for this from the card the Customer has provided as guarantee. An itemised receipt will be issued to the Customer.
5.8 If the Customer chooses not to accept the Buggs Excess Protection Waiver then the customer may be requested to leave a larger deposit/guarantee than the standard 500€ before the rental can begin. By choosing to accept the Buggs Excess Protection Waiver the customer reduces the standard deposit to 250€ (as described in clause 2.2)
5.9 If the Customer has accepted the Tyre, Glass and Keys Refundable Waiver and by paying the specified daily charge, then the cost of repair or replacement will be reimbursed to the Customer by the Company, upon receipt of the relevant and valid invoice. Cover extends to accidental damage to the vehicle glass, excluding lights and the cost of the repair or replacement of tyres only, it does not apply to wheel damage or subsequent damage to steering or suspension for which the Customer remains fully responsible and must reimburse the Company in full. Accidental damage or loss of keys and the replacement costs.
5.10 The Customer may still be liable to reimburse the Company any associated costs not covered by the waivers, such as loss of income, additional towing and administration costs when deemed applicable.
5.11 In the event of the Customer requesting additional information from the Company in relation to a third-party excess insurance claim, the Company shall charge the Customer the appropriate administration fees.
6. Refuelling Policy
6.1 The Company shall endeavour to supply the vehicle to the Customer with a full tank of fuel. The level will be noted on the Agreement prior to the hire period commencing. The Customer is solely responsible for checking the level of fuel before the commencement of the hire, no claim for refunds or shortfalls can be accepted by the Company once the hire has commenced and the fuel level appears to have been incorrectly noted. The Customer agrees to return the vehicle with the amount noted on the agreement. Any shortfall will be charged to the Customer at current pump prices, plus the Standard Refuelling Charge. It is in the Customers interest to top up the tank as close to the rental office upon your return to avoid extra costs.
6.2 When refuelling, the Customer is responsible for ensuring the correct fuel type is used. Should the Customer refuel the vehicle with the incorrect fuel type, as these actions are not covered by insurance the Customer shall be responsible for all costs of the recovery and repair of the vehicle and any associated charges the Company may deem applicable.
7. Unlimited Kilometres policy
Unlimited kilometres are subject to a fair usage policy of 500km per 24hr period of the hire. Unlimited usage is not applicable to hirers whose main residence in France is within 150kms of the vehicle collection point. French residents who live within 150kms are subject to a 250km limit per 24hr period with additional kms chargeable at 0.50 euros per kilometre.
8. Accidents, Theft, Vandalism or Breakdown
8.1 In the event of an incident you agree to fully co-operate with us and our insurers in any investigation or subsequent legal proceedings.
8.2 All accidents, thefts, acts of vandalism or breakdowns must be reported to the Company immediately.
8.3 If anyone is injured, the Customer, must by law, report any traffic accident involving the vehicle to the police immediately.
8.4 in the event of an accident, a supplied European Accident Statement (Constat), must be completed by the hirer and with any Third Party involved, this is a legal requirement in France and a requirement of our insurers. This form can be found in the glove compartment with the vehicle documents.
8.5 In the event of an accident the Customer must not admit any liability, release any third party liability, settle any claim or accept any form of disclaimer.
8.6 The customer must take relevant names and addresses of everyone involved, including any witnesses and photographs where possible.
8.7 Failure to comply with these accident instructions can result in any waiver products and insurance cover being void, with the full associated total costs remaining the liability of the Customer.
8.8 In the event of a mechanical breakdown the Company shall endeavour to replace the defective vehicle.
8.9 In the event of an accident or theft the Company shall endeavour to make another vehicle available for a new rental.
9. Customers further responsibilities
9.1 The Customer will be liable to the Company for all losses and costs incurred by the Company in the event of loss, damage to or theft of the vehicle, its parts or accessories while on rental. The Customers liability may include the cost of repairs, loss in value of the vehicle, loss of rental income, towing, storage and recovery charges and an administration charge, which recovers our costs for handling any claim arising from damage caused to the vehicle unless responsibility for the damage lies with the Company or has been determined by a third party or their insurers to lie with the third party.
9.1 The Customer shall comply with all terms of this agreement and any damage or loss that is caused by negligence or intentionally by the Customer or by any authorised or unauthorised driver and not covered by our insurance shall remain the responsibility of the Customer and shall reimburse the Company in full.
10. The Customer and The Company
10.1 On delivery the Customer and all additional drivers must hold a current full driving license, which the Customer/drivers has held for a minimum of 1 year and which corresponds to the category of the vehicle being hired, plus one other form of photo identification. This designation is subject to the approval of the Company before the Customer is entrusted with the vehicle. Only this person is authorised to drive the vehicle, plus additional drivers included on the Rental Agreement, as long as they can also fulfill these requirements.
10.2 The Customer shall be responsible for the vehicle and ensure that it is locked, secure and use any security devices provided. You must always use seat belts, child safety seats (which although provided by the Company must be fitted by the Customer) and any other safety system provided in the vehicle.
10.3 The Customer shall be responsible for conforming to all motoring rules, regulations and laws. The Customer is responsible for the payment of any fines, road tolls or traffic violations incurred during the hire period and the Company is legally responsible for passing all the relevant details of the hirer to the authorities when requested (law no. 2003-495 dated June 12 2003 art.81). An administrative charge will be made to the client by the Company for supplying this information to the relevant authorities and this will be deducted from the credit/debit card the client has previously used for the booking or the guarantee and authorised by you for this use (2.4).
10.4 The Customer shall be responsible for conforming to our non-smoking policy in all our vehicles, a penalty of a minimum of 500€ together with a cleaning charge will be made where evidence of smoking has been found.
10.5 The Company cannot be responsible for any injuries to personnel or loss or damage to property consequential to and arising from the use of a vehicle by the customer.
10.6 In the event of a vehicle not being available for hire due to unforeseen circumstances beyond the control of the Company, the Company reserves the right to substitute a vehicle or cancel a booking at any time and shall reimburse the Customer if applicable.
10.7 The Company will not be responsible for any delays resulting from mechanical breakdowns, any other incidents or accidents. The Customer, cannot, under any circumstances make a claim against the Company, for damages for delays in the delivery of the vehicle, cancellation of the hire or immobilisation during the hire.
10.8 The Company reserves the right to take back the vehicle at anytime if you are in breach of any conditions of this rental agreement.
10.9 The Customer is responsible for the safe keeping of the vehicle keys, if lost or damaged a minimum 300€ fee for replacement keys is applicable and any other additional costs.
10.10 The Customer is responsible for the safe keeping of the vehicle documents which are kept in the glove compartment, containing insurance, registration and breakdown information. This pack must be kept in the car at all times and if lost the customer shall be liable for a replacement at a cost of a minimum of 100€.
11. Applicable Law
11.1 The Company will always try to resolve all disputes amicably through our disputes procedure, but when this proves impossible the law of France shall apply.
11.2 Should any part of these Terms & Conditions prove to be unenforceable, for any reason, the remainder of the Terms & Conditions shall remain unaffected.