UCLG
Terms and conditions of rental and use of the carent.mu website
These General Terms and Conditions of Rental and Use (GTCU) have been drawn up for :
- Bringing together people who want to enter into a contract for the hire of a vehicle for personal use.
- Use of the carent.mu website
These General Terms and Conditions of Hire and Use (GTCU) should be read very carefully, as the information they contain sets out the terms and obligations binding the hirer and the driver(s) to the hire company, the owner of the site.
Article 1 – Definitions
Driver: The Hirer and/or the person authorised by the Hirer (Additional Driver) and mentioned on the Rental Contract, who are jointly and severally responsible for its correct performance.
Rental Contract: Document stipulating the rules applicable to the relationship and obligations between the Hirer, the Driver and the Hirer.
Condition of the Vehicle: descriptive document drawn up and signed on collection and return of the Vehicle.
Hirer: The natural or legal person signing the Rental Contract who is responsible for the safekeeping of the Vehicle and who is jointly and severally liable with the Driver. The signatory of the Rental Contract is deemed to be the Hirer.
Hirer: DEVSOMME CO.LTD, a company operating the Royal Road agency in Pointe aux Canonniers on a professional basis.
Parties: Term designating the Hirer, the Hirer and the Driver, taken together.
Site: The Hirer’s digital platform for booking and paying for a vehicle online. The website address is: carent.mu
Article 2 – Information provided by the Customer for the reservation
To make a reservation for a rental vehicle on the carent.mu website, the Renter must provide the following personal information:
- The first name and surname appearing on the identity papers to be presented when picking up the vehicle: driving licence and passport or identity card.
- The e-mail address
- A mobile number for emergency contacts
- Credit card details for online payment
Article 2 – Information to be provided when booking
The Tenant must fill in :
- The place (airport, town) where the vehicle will be picked up, as indicated on the carent.mu website
- Flight number if arriving in Mauritius by plane
- The date and time of the start of the vehicle rental period
- The place (airport, city) where the vehicle will be returned (city, airport)
- The date and time of return of the vehicle,
- The selected vehicle
- The surname and first name of the main driver
If the Hirer wishes to have the car delivered to a location other than those indicated on the www.carent.mu website, he/she must indicate the exact location in XXXX.
Article 3 – Booking
The Renter may reserve a rental vehicle either :
- by phone
- on the carent.mu website
- by visiting the Pointe aux Canonniers branch in Mauritius
If using online booking, the Renter must fill in all the fields on the form required to complete the booking process.
The availability of rental vehicles displayed on the carent.mu website is updated daily.
If the selected vehicle is exceptionally unavailable, the Hirer undertakes to contact the Hirer immediately to propose an alternative offer under the same conditions as those initially agreed.
In the rare event that there is no alternative offer, the Hirer undertakes to reimburse the Hirer immediately.
Reservations are only valid once the deposit has been paid.
Article 4 – Rental price
The Hirer sets and regularly updates its rates and may change its prices without notice in order to take account of a number of factors (seasonality, competition, inflation, etc.).
The rental prices and additional options applicable are those communicated by the Hirer at the time of booking and which are shown on the Booking Confirmation.
The rental price includes amounts for :
- A defined number of days (24-hour periods) with unlimited mileage,
- Additional accessories (baby seat, GPS, etc.),
- The cost of delivering or returning the vehicle to a location that is not offered on the Site.
The rental price excludes fuel, late return of the vehicle, which will incur a penalty set by the hire company, and the excess charged by the hire company in the event of an accident or damage to the vehicle with or without a known third party.
Article 5 – Payment of the deposit
Whatever the method of booking (online, at the agency or by telephone), the booking can only be accepted after payment of a deposit representing thirty per cent (30%) of the total rental price.
If the booking is made online or by telephone The deposit can only be paid via a secure payment system using one of the credit cards listed on the Site, i.e. : Visa.
Cash is also accepted for agency bookings, but cheques are not.
The deposit is calculated on the basis of the total price of the vehicle rental as shown in the booking summary.
As soon as payment of the deposit has been confirmed, the Hirer will send an email or SMS to the Renter confirming that the booking has been taken into account and validated and informing the Renter of :
- Your reservation number
- Where the vehicle will be handed over
- The type of vehicle (the model selected)
- Services included in the rental price (unlimited mileage, insurance, optional extras, etc.)
- The amount of the deposit paid at the time of booking
- the amount outstanding when you take possession of the vehicle.
Upon receipt, the Renter must examine the contents of the Confirmation of his/her reservation and immediately report any errors.
All the information relating to the rental of the car can be consulted and downloaded by the Renter on the Site, in My bookings.
The Owner recommends that the Hirer keeps a printed or electronic version of the booking confirmation with him/her.
Once the deposit has been paid, the vehicle hire price is firm and cannot be changed.
Similarly, if promotional offers are made after the deposit has been paid by the Hirer, the Hirer may not request a change in the price of the rental.
The Hirer reserves the right to cancel the booking if there are reasonable grounds for believing that it is fraudulent or irregular.
In the event of non-payment prohibiting collection of the deposit, the Hirer may cancel the reservation. This action may be taken without prior notice or compensation.
The Hirer will be formally informed of the reason for cancelling his booking.
Article 5 – Return of the vehicle by the lessor
5.1 Presentation of documents by the Tenant
Regardless of the method of reservation (online, by telephone or at the agency), a vehicle belonging to the Hirer may only be handed over to the Hirer by the Hirer on presentation of the following documents:
- The original valid driving licence of the Hirer and additional drivers (photocopies are not accepted).
- Valid identification (ID card or passport) for the Hirer and additional drivers,
- A credit card in the same first and last name as the main driver, with a sufficient limit to cover the excess in the event of damage/theft, unless the hire company expressly stipulates otherwise.
If these documents are not presented to the Hirer when the vehicle is collected, the Hirer reserves the right not to hire the vehicle.
In this case, and unless otherwise provided by law, the user having been fully informed by the Hirer of the conditions applicable to the hire, the Hirer will retain the deposit paid by the Hirer as compensation.
5.2 Rental contract
The Rental Contract is signed by the Hirer when he/she picks up the vehicle at the rental agency or at the agreed drop-off location.
It is subject to the laws of Mauritius and is binding on the parties for the duration of the lease.
It includes the Rental Company’s rental conditions as well as any additional costs to be borne by the Hirer.
It is advisable to keep a copy of this contract, which is personal and non-transferable.
Additional drivers must be mentioned on the Rental Contract by the lessor and be present when the rental vehicle is collected. They must also have their driving licence and the same documents as those required of the main driver.
The Hirer and additional drivers are liable to the Hirer under these conditions of hire and become fully responsible for the vehicle as soon as it is collected.
In the event that the Renter does not comply with the conditions and obligations stipulated in the Rental Contract, the Renter reserves the right to immediately and automatically terminate the rental and to refuse to make the vehicle available without being obliged to reimburse the rental and/or pay any compensation whatsoever.
It is imperative that the Customer arrives on the date and at the time indicated on the rental voucher.
In general, a delay of x minutes is tolerated, provided that it is during the agency’s official opening hours.
After this period, the vehicle may be hired to another customer.
It should be noted that the conditions applicable to delays in picking up the vehicle are left entirely to the discretion of the Hirer and may vary according to the Hirer’s Rental Contract.
If the Hirer returns the vehicle after the time specified on the Booking Confirmation, the Hirer may be subject to charges specified in the Hirer’s Contract.
- Payment of the balance of the rental price
Before the vehicle is handed over, the Hirer must pay the hire charge outstanding directly to the hire company, less the deposit paid at the time of booking, as specified on the voucher.
The amount of the deposit paid by the Hirer and shown on the Booking Confirmation will be deducted from the amount due directly to the Hirer when the vehicle is handed over.
Payment of the balance of the rental price may be made using the main debit and credit cards indicated on the Site, namely : Visa or any other means of payment authorised by the Hirer.
5.4 Insurance linked to the rental contract
The insurance cover taken out by the lessor and linked to the rental contract includes :
- Collision insurance covers the vehicle in the event of damage, whether or not the Hirer or Driver is responsible for the damage. This insurance is included in the rental price, with or without excess depending on the hire company.
The excess applies as soon as a claim is recorded, whether or not the Customer is at fault. The amount of the applicable excess is specified on the Rental Contract.
It should be noted that this insurance does not cover any damage such as glass breakage, headlights, top of the body and top of the car, bottom of the body and bottom of the car, wheels and tyres, accessories, interior and exterior equipment of the vehicle.
- Theft of vehicle insurance with an excess, the applicable amount of which is shown on the Rental Contract. This insurance does not cover theft of objects inside the vehicle.
- Civil liability insurance covering only the Driver if he injures someone or causes material damage to the vehicle.
Article 6 – Cancellation of reservation
The Hirer may cancel the rental of the vehicle booked on the www.carent.mu website, by telephone or at the agency x days before the vehicle is collected from the Hirer’s premises, without giving any reason or justification and at the Hirer’s expense.
In order to be valid and taken into account, any request to cancel a reservation must be made in writing and sent solely by email to carent.mu by SMS within the aforementioned deadlines.
In this case, the deposit paid by the customer when confirming their booking on the Site will be refunded in full.
This refund will be made to the account used by the Tenant at the time of booking, and only in the name of the person who paid the deposit.
In the event of cancellation of the reservation outside the period of x days preceding the pick-up of the vehicle or in the event of no-show or late arrival at the Hirer’s premises with regard to the date and time indicated on the Reservation Confirmation, the Hirer may not, under any circumstances, demand reimbursement from the Hirer of the deposit paid at the time of reservation.
Similarly, no refund of the deposit may be demanded from the Hirer in the event of non-compliance with the rental conditions: problems encountered with the credit card, failure to present the required documents when picking up the vehicle.
If the vehicle is collected from the airport, no compensation will be paid if the vehicle could not be collected normally due to an error by the Renter concerning the information sent to the Hirer, in particular the flight number and time, or if the flight is cancelled by the airline or the airport authorities.
Article 6 – Modification and/or extension of the rental period
Any request to modify or extend the booking must be made by the Hirer by email or SMS no later than twenty-four (24) hours before the vehicle is collected, it being specified that the Hirer reserves the right to refuse the modification.
If the Hirer accepts the modification, a new Reservation Confirmation must be drawn up and downloaded or printed from the Site and presented to the Hirer to take possession of the vehicle.
If the lessor refuses the modification, the original booking conditions remain valid, as does the Booking Confirmation.
In the event of a request for modification after the vehicle has been collected, the customer must request the modification and/or extension from the hire company, in accordance with the conditions specified by the hire company in its general and/or special conditions.
Article 7 – Accident
In the event of an accident, you must report it immediately to the Hirer.
An accident report, whether you are at fault or not, must be provided to the Hirer as soon as possible, except in cases of force majeure, at the latest within 48 hours of the accident and, in all cases, before the end of the Rental Contract.
If this is not possible, the police or gendarmerie report drawn up at the time of the accident must be provided to the Hirer.
In the event of material damage to the vehicle, no repairs will be carried out on the Hirer’s initiative, unless the Hirer has given his prior formal agreement.
Article 8 – Returning the vehicle
8.1 Return location and times
The vehicle must be returned on the date and at the time specified in the Rental Contract.
Except in the event of Force Majeure, in the event of abandonment of the Vehicle, the Hirer shall bear the costs associated with such abandonment and the repatriation of the Vehicle.
8.2 Condition of the Vehicle on return
The Hirer must return the vehicle in the same condition as it was found on departure.
When the vehicle is returned, a Vehicle Condition Report is drawn up and signed by the Hirer and the Hirer.
This will indicate any damage, the number of kilometres travelled, whether or not accessories were fitted and the fuel level on return from the hire.
If the Hirer does not wish to establish the condition of the vehicle with the Hirer, the Hirer is entitled to carry this out alone and the Hirer thereby accepts the observations made and, where applicable, the invoicing of the damage and/or additional costs calculated by the Hirer.
8.3 Fuel
Fuel is the responsibility of the Hirer.
The vehicle is supplied with a full tank of fuel and the Hirer must return it in the same condition. Failing this, the missing number of litres of fuel will be invoiced in accordance with the price scale indicated on the Rental Contract.
Article 9 – Cookies and social networks
9.1 – Cookies
Cookies cannot be installed on the Renter’s computer without his/her prior consent.
Those used by the Hirer are for data backup purposes only.
Anyone visiting or using the Site may refuse the installation of cookies by configuring their browser according to the appropriate procedure.
9.2 Social networks
In order to protect the Renter’s data, the SITE does not link to social plugins (Facebook, Twitter, Youtube, etc.)
Consequently, the Renter is not responsible for the implementation by the social network(s) of third party cookies on the Renter’s computer.
Article 10 – Personal data
In the course of its business, the Hirer collects and processes information, some of which is referred to as “personal data”.
The Hirer attaches great importance to respect for privacy, and only uses the data of visitors and users of its Site in an irreproachable, responsible and confidential manner and for a specific purpose.
A note accessible from the Site, entitled Privacy Policy, explains how the Hirer collects and processes personal information.
The Renter has the right to access and rectify data concerning him/her, which he/she may exercise in accordance with the provisions of the Privacy Policy.
The data is kept for a period strictly necessary to manage the rental phase, except in the event of a dispute, in which case the data will be kept until the dispute has been resolved.
Article 11 – Safeguard clause
The Hirer, the Hirer and the Driver acknowledge that these General Conditions of Hire and Use (GCUH) have been drawn up from the outset on a fair and reasonable basis.
In the event that the terms and obligations on which these General Terms and Conditions of Rental and Use (GTCU) are based are modified to such an extent that one of them encounters serious and unforeseeable difficulties in their proper execution, they shall consult each other and shall demonstrate mutual understanding.
The aim of this process is to find any contractual adjustments that may appear necessary as a result of circumstances that could not have been foreseen on the date these General Terms and Conditions of Rental and Use (GTCU) were drawn up, so that the conditions of an equitable agreement can be re-established.
The party which considers that contractual obligations can no longer be normally fulfilled due to its own fault will notify the other party by email with confirmation of receipt, specifying the nature of the event or events at the origin of the change which it intends to invoke.
If any prejudice or financial disadvantage is caused, the party must quantify the current or future amount, making a proposal for compensation or renegotiation of the General Terms and Conditions of Hire and Use (GTUL) to remedy this change. Any notice served more than ten (10) working days after the occurrence of the circumstances by the serving party shall have no further legal effect.
Article 12 – Force majeure
The Hirer, the Hirer and the Driver agree that force majeure is understood to mean events of declared or undeclared war, general labour strike, epidemic disease, quarantine, fire, exceptional flooding, accidents or other events beyond the control of either party.
Neither party will be held responsible for any delay or non-execution of the Rental Contract due to force majeure events.
In the event of force majeure, established by one of the parties, it must inform the other party by any written means as soon as possible. The other party will have ten (10) working days to establish this.
Article 13 – Original text and written media
The French and English texts of these General Terms and Conditions of Rental and Use (GT&C) are the original texts.
The written means that the Parties agree to use for exchanging are letters, whether simple or registered, or e-mail, depending on the circumstances set out in this Lease Agreement.
Article 14 – Invalidity
If any of the clauses of these General Terms and Conditions of Use should be declared null and void or inapplicable under a rule of law or a law in force, it shall be deemed unwritten. However, this shall not render them null and void, provided that the general scheme or balance of these Terms and Conditions is not seriously compromised.
The fact that one of the Parties does not avail itself of one of the clauses of these General Terms and Conditions of Rental and Use (GTCU) at a given time may not be considered by the other Party as a waiver of rights.
Article 15 – Applicable law and settlement of disputes
The contract is governed by the law of the country where the Hirer has its registered office, in this case Mauritian law.
In the event of a dispute relating to the interpretation and/or performance of these General Terms and Conditions of Service and Use (TOU), an amicable agreement or conciliation must first be envisaged between the Parties.
Failing agreement, all disputes arising out of or in connection with this contract shall be finally settled by the courts of Mauritius .