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Vehicle rental You wish to rent a vehicle. Nothing goes as planned! Maître DAMY Grégory, lawyer in Nice and Luxembourg, informs you of your rights .
Vehicle rental companies have experienced significant growth in recent years. Faced with the rise in their prices, rental between individuals, which is less expensive, has also developed.
Rental Agreement Clauses and Consumer Responsibilities: –
It seems abnormal that in certain situations, the provisions appear only on the back of the contracts and that they are discovered at the time of signature.
In all cases, Article L134-1 of the Consumer Code provides that “the seller or professional service provider must provide any interested party who requests it with a copy of the contracts he usually offers”.
In addition, article L 113-3 of the Consumer Code makes it mandatory to inform the consumer in advance: “any seller of goods or any service provider must, by way of marking, labeling, display or any other appropriate process, inform the consumer about the prices and the special conditions of sale and performance of the services […]”.
Check vehicle condition and responsibilities: –
In addition, rental contracts contain many complex clauses that engage the responsibility of the consumer. In addition, some lessors confuse contracts according to the problems they have encountered and maintain contentious clauses. Among the abusive clauses, we can find: – repairs payable by the tenant following a claim or an undetermined cause, – non-compliant notice periods in the event of a claim, – the liability of the lessor exempted in the event of an accident related to a fault in the vehicle…
It is imperative that the contract mentions certain points. In case of doubt, the Damy lawyer firm will answer you online (04.92.15.05.05.)
If the vehicle you rented is no longer available when you arrive, you can request another model. The replaced vehicle must meet the criteria set out in the contract. In practice, I recommend that you ask for an upgrade. If the rental agency offers you a vehicle of a lower class, you have the right to request a price reduction or refuse the offer and cancel the reservation. In the event of acceptance of the replacement vehicle, the return conditions provided for in the contract remain the same.
It is advisable to check the condition of the vehicle on departure so that any existing damage is not charged to you. Please note that your liability is engaged in the event of a claim, until the keys and documents are returned to the agency. If the agency is closed when the vehicle is returned, it is strongly advised to wait until it opens.
It is important to note the contact details of the rental company’s customer service department. In the event of a dispute, an amicable solution may be sought before any recourse to legal proceedings. The Damy law firm is at your disposal to assist you in your efforts .