Contrat de location
This agreement (the “Rental Agreement”) is applicable as of 4 Desember 2017.
By ticking the “Do you Accept the Rental Agreement?” box you confirm that you have read, understood and agreed with this Rental Agreement and any other annex referred to herein being an integral part of the Rental Agreement.
Reference to “we” and “us” is a reference to Nomadcar SA
Company No: CHE-471/382/361
VAT Registration No: CHE-471.382.361 TVA
Address: Route de Brent, 13C, 1816 Chailly-Montreux, Switzerland
Reference to “you” is a reference to an individual wishing to rent a Car from us who has used the Website and/or the App to obtain the Rates and book a Car and order any additional options/services as indicated in this Rental Agreement.
1. DEFINITIONS AND INTERPRETATIONS
In this Rental Agreement:
“App”— means mobile application Nomadcar for IOS and/or Android;
“Car”— means Mercedes-Benz cars available for rent on the Website or via the App;
“Business Day”— a day on which banks are open for their normal operations in Switzerland;
“Certificate”— means the Certificate of Pick Up and Return in form annexed hereto in Annex 2 and being an integral part of this Rental Agreement;
“Deposit”— is the amount of
CHF 2000 – for A-Class, B-Class, CLA, GLA Cars,
CHF 2500 – for C-Class,
CHF 4000 – for E-Class and E-Class T-Modell,
CHF 4500 – for GLE,
CHF 4500 – for V-Class,
CHF 5000 – for S-Class
to be debited from or blocked on your bank card up to 5 Business days prior to the First Rental Day. This amount is used to secure full or partial deduction of the Franchise and/or to cover any fines, penalties, additional rental costs and any other personal financial liability subject to this Rental Agreement. The Deposit shall be refunded/unblocked/or set off (fully or partially) against any of your financial liability as indicated in this Rental Agreement;
“Franchise”— is the maximum amount of
CHF 2000 – for A-Class, B-Class, CLA, GLA Cars,
CHF 2500 – for C-Class,
CHF 4000 – for E-Class and E-Class T-Modell,
CHF 4500 – for GLE,
CHF 4500 – for V-Class,
CHF 5000 – for S-Class
that, provided that the Rental Agreement and local applicable laws have been complied with, we may deduct from your Deposit for third party liability, the cost of any damage caused by you and/or any additional driver to the Car, including its theft or other loss, and/or accident resulting from the use of the Car during the Rental Period;
“Permitted Countries”— means the counties where the rented Car is permitted to be used, i.e. Switzerland, Austria, France, Germany, Spain, Italy, Belgium, Luxembourg, the Netherlands. Shall the Car be used outside the Permitted Countries we reserve the right to contact the police and declare the car stolen.
“Please note:” For European Union Citizens having neither Swiss citizenship nor Swiss permanent residency the Permitted Country is Switzerland only;
“Personal Account”— means the account on the Website and/or the App you will sign up containing all information about your orders, their modifications, cancellations, fines, discounts, special offers available, payments etc.;
“Pick Up Date”— means the pick up date of the Car as chosen by you on the Website and/or via the App;
“Pick Up Time”— means the pick up time of the Car as chosen by you on the Website and/or via the App;
“Rates”— means current rates for the use of the Car, additional options, equipment, etc. displayed at the time you book the Car on the Website or via the App;
“Rental Agreement”— means this agreement;
“Rental Day”— means a day consisting of 24 hours starting from the Pick Up Time;
“Rental Period”— means the duration period of rent consisting of Rental Days commencing on the first Rental Day and ending on the last Rental Day;
“Return Date”— means the return date of the Car as chosen by you on the Website and/or via the App;
“Return Time”— means the return time of the Car as chosen by you on the Website and/or via the App;
“Total Price”— means the total price as displayed on the Website and/or via the App at the time of booking and comprises all the Rates for rental of the Car for the full Rental Period as well as fees for any additional options and services that have been chosen by you, e.g.: ancillary equipment, additional drivers, etc. The Total Price quoted on the Website includes VAT (Value Added Tax). Where VAT is not included in the price, it will be added and payable by you at the appropriate rate;
“Website”— means domains nomadcar.com, nomadcar.de, nomadcar.fr, nomadcar.ch, nomadcar.ru, nomadcar.co.uk, nomadcar.it, nomadcar.es and/or any of their subdomains.
2. BOOKING, CHANGES AND CANCELLATION
2.1. Your e-mail address shall be used as a login to your Personal Account. We will send you the confirmation and your password to the said e-mail address. You remain fully responsible for the safety of your login and your password and for any and all activities that occur under your Personal Account. You agree to notify us immediately of any unauthorized use of your Personal Account or any other breach of security. We hereby waive any liability for any loss you may incur as a result of someone else using your password or your Personal Account either with or without your knowledge.
2.2. By ticking the “Do you Accept this Rental Agreement?” box you have expressly accepted our offer to rent you a Car and any additional equipment, render you the services, provide you with the options, etc. at the Total Price and for the Rental Period as displayed on the Website and/or via the App at the time of booking or as amended on the terms and conditions of this Contract and subject to the rental qualifications and requirements that we impose for such a rental.
2.3. Any booking made on the Website and/or via the App by you depends on your provision of accepting the terms offered by us in this Rental Agreement. In case you do not approve any part of such terms, you must not continue your booking with us. By making any booking with this Website and/or via the App, you confirm that you have gone through the relevant terms of this Rental Agreement and accept them. For any term that you do not understand or wish to enquire about, please contact us using the following contact information:
Phone: +41 21 588 13 21
or via the chat options available in your Personal Account.
2.4. If the requested Car is available for the period you wish to rent and after your payment of the Total Price has been successfully made you will see the confirmation in your Personal Account, receive an SMS and an e-mail notification from us. The minimum time available for the rent is 2 hours (in such case you will pay for one Rental Day). The maximum time available for rent is 2 months.
2.5. You may change the order in your Personal Account 1 day or more prior to the Pick-Up Date. If the changes in your order reduce the Total Price and are made less than 1 day prior to the Pick-Up Date or during the Rental Period, the price difference is not refunded. Shall the changes increase the Total Price the difference will be blocked or withdrawn from the bank card.
2.6. You may cancel the order in your Personal Account.
In case you cancel the order 1 day or more prior to the first Rental Day, the Total Price together with the Deposit payment shall be refunded to you or unblocked within 5 Business Days upon such cancellation minus any bank charges for the transactions made in connection with it. The amount of the bank charges for the transactions is 2.5% from the Total Price of your order.
If you cancel the order less than 1 day prior to the First Rental Day, you will be charged the amount to be paid for the first Rental Day. The full cost of the additional services and options not used and the Deposit shall be refunded/unblocked within 5 Business Days upon such cancellation.
Please note that the time of actual crediting of all the amounts refunded/unblocked by us to your bank account shall be subject to rules of the card issuer.
2.7. We may extend you Rental Period only prior to termination of the ongoing rental relationship and on availability of the Car chosen. We may refuse an extension, without providing reasons therefor. Please note if you want to extend your rental provided that the vehicle is available, and inform us less than 5 hours prior to termination of the ongoing rental relationship, the service fee in amount of CHF 50 is collected.
2.8. Mileage limit: not limited.
3.1. You must be in possession of a Visa or Mastercard credit or debit card valid when booking, making payment, picking up the Car for the whole Rental Period and at least for 2 months after it. We’ll ask you to show your bank card used to pay for booking of the Car when you pick the Car up. The card holder name must match with the documents of one of the drivers authorized by us. If you or the driver in person whose card was used for payment does not show such bank card we reserve the right to cancel the booking or ask you to pay with another bank card available to be shown by the owner in person to us when you pick the Car up. If you choose to pay with another bank card the amount previously paid and/or blocked shall be refunded to or unblocked on your bank card previously used minus bank charges. If your booking is cancelled the amount previously paid/blocked will be refunded/unblocked minus bank charges, the cost of the first Rental Day and the amount of our expenses of the Car delivery (if any). If issued not in your name, you hereby represent and warrant the owner of the card has provided his consent for payment by the card, writing off, set-off and blocking of all the amounts to be paid/blocked pursuant to this Rental Agreement and any amendments hereto. You shall indemnify and hold us harmless from and against any and all documented claims, actions, losses, damages, liability, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements incurred by us arising out of or in connection with your acts, omissions or misrepresentations hereunder. The card must have enough available funds to cover the Total Price including the possible extension of Rental Period by you, debiting or blocking the Deposit (if such insurance option is chosen by you) on the card for the Rental Period and cover any additional penalties and fines we may write off or set off in case this Rental Agreement and/or any applicable law is breached. You may pay in euro, US Dollars, Swiss francs and Russian Rubles. You agree than we cannot be held responsible for any fluctuations in exchange rates or any fee the bank card issuer or your bank may charge.
3.2. You hereby authorize us or procure authorization to write off from the card issuer or block a credit that corresponds to the Deposit (if theFranchise Insurance Option is chosen ). The Deposit is blocked when the Rental Period is up to 7 Rental Days. The Deposit is written off if the Rental Period is more than 7 Rental Days. Within 5 Business Days upon the return of the Car, the amounts debited/blocked shall be either returned/unblocked, as the case may be, or set off against any of your financial liability under and in connection with the Rental Agreement (e.g. fuel costs, repair costs, Franchise to be set-off, etc., as well as fines and any other charges under the Rental Agreement) and you expressly agree or procure the consent to such set off.
Please note that all amounts paid under this Rental Agreement using your credit card may appear in your billing statement as "ANYWAYANYDAY". It shall not be considered as fraud, as for security reasons the payment is processed by our duly authorized partner service.
During the Rental Period and within a reasonable period of time upon return of the Car you hereby also authorize us or procure such authorization to write off from the bank card the amounts of any fines, costs, penalties incurred resulting from breach of this Rental Agreement or applicable laws by you or any of the drivers, no matter whether the Deposit option was chosen by you or not. We shall notify you of such writing off and provide you with the relevant documents. By accepting this Rental Agreement you expressly agree that once you get a traffic fine you will be automatically charged by us the amount of CHF 35 for processing of this information. Subject to your prior authorization by phone, e-mail or via chat options we may offer you to pay certain traffic fines for you and provide you with the documentary confirmation. The cost of this service if CHF 25.
4. PICK UP, USE AND RETURN
4.1. The minimum age for renting a Car is 18 years old, except for E-class, E-class T-Modell, V-Class, S-class Cars, for renting of which the minimum age is 21 years old. You hereby expressly agree that we may decline your booking due to our security procedure you fail to pass without our obligation to provide you with the reasons. The amount previously paid by you will be refunded minus bank charges and the amount of our expenses of the Car delivery (if any).
In order to get a Car you will need to submit copies of valid passports and valid international or national driving licenses (in English, French or German language) of all drivers authorized by us (you and additional drivers) on our Website or the App and show these original documents at the car pick-up location. Shall you not be able to show the above documents we reserve the right to cancel the booking. The amount previously paid by you will be refunded and/or unblocked, as the case may be, minus bank charges, the cost of the first Rental Day and the amount of our expenses of the Car delivery (if any).
The Car shall be available for you with a full tank of fuel, clean and safe for operation. Defects found by you with regard to the Car and/or any additional equipment, the fuel level must be reported to us immediately in the Certificate upon pick up of the Car and before it’s use and may be accompanied with the relevant photo.
If no apparent defects are agreed by you and us prior to your departure such defects shall be considered to be defects having occurred during the Rental Period and result in your liability.
4.2. The Cars can be picked up in the territory of Switzerland only. Unless an additional option is chosen, the Car must be picked up during the standard opening hours (which vary for different cities (standard hours are considered to be those to be selected on the Website or via the App). Our valet will meet you in the agreed time and at the agreed place. We deliver Cars to locations selected on the Website or the App. Any other locations requested by our clients must be authorized by our support service and the delivery costs are calculated individually. Pick-up and Return times are expressed in local time. If you are late for picking-up the Car for more than 1 hour at standard hours (this also works for flight delay) and we've been informed about that via phone, chat or e-mail, then you pay a fine of CHF 100. If you are late for picking-up the Car for more than 1 hour in non-standard hours (this also works for flight delay) following the Pick up Time and we've been informed about that via phone, chat or e-mail, you shall pay a fine of CHF 200. If you are late for picking-up the Car at the Pick up Time and have not contacted us nor we could contact you via phone, chat or e-mail as well, the maximum waiting period for you is 1 hour. After that your order is cancelled automatically within 8 hours, so you have to pay the Total Price and cost of Car delivery (if any). Please note if you are late for Pick up Time or Return Time for 45 minutes or more (including flight or train delays), all parking fees at the airport, railway station, hotel or any other paid parking shall be at your own expense. If any parking fee is paid by our valet, this amount shall be deducted from your Deposit.
4.3. The Car may be driven only by you yourself and by any additional drivers whose passports/IDs and driving licenses subject to this Rental Agreement have been provided to us and that we have accepted. The Contract applies similarly for additional drivers.
You hereby confirm that all additional drivers are aware of this Contract, fully understand its terms and accept them. If not they must refrain from using the Car. You shall remain fully liable vis-à-vis us for the fulfilment of all the duties arising from this Contract, even if you are not the driver yourself and responsible for all damage caused by any additional driver using the Car in breach of this Contract and any applicable law.
You may use the Car in the Permitted Countries only. Using the Car in other countries is not allowed and shall constitute a material breach of the Rental Agreement.
You must use the Car carefully, check the engine oil, water levels and fuel at regular intervals, and ensure that the Car remains roadworthy throughout the Rental Period. You must observe all the traffic regulations and ensure that you are well informed about the traffic rules of the country which you are driving in.
4.4. The Car and any additional equipment remain the property of their owners. Neither you nor any additional driver has the right to sub-hire the Car and any additional equipment, nor to make modifications or repairs, except in the cases specified in Clause 5.1.
4.5. You and any additional driver are obliged not to use or to allow the Car to be used in particular:
- on roads that are not suitable for motor vehicles;
- disregarding the size and clearance of the Car;
- for transportation by river or sea;
- for the transportation of goods or people in return for payment or for other commercial purposes;
- for the provision of driving instruction, lessons and tests;
- for trials, competitions or car races, motor and cycling sport events, races, rallies, training tracks unless otherwise expressly agreed in writing;
- by any person under the influence of alcohol (blood alcohol level exceeding the legal level permitted in the country of use) or of any forbidden substance (drugs, medicines, etc.);
- to transport a load or a number of passengers exceeding the instructions provided by the manufacturer of which you are aware of;
- to transport any flammable, explosive or radioactive substance (oils, mineral spirits, etc.) that may damage the Car or place its occupants and/or place the life and health of third parties and/or its occupants at risk;
- to push or tow another vehicle;
- to be pushed or towed;
- in countries other than the Permitted Countries. European Union Citizens having neither Swiss citizenship nor Swiss permanent residency may drive the Car only in the Territory of Switzerland. If this obligation is not observed the Car may be detained by the Border Police and all the fees, fines and costs in connection with keeping the Car and its return to Switzerland shall be for your account.
- for any sub-hire;
- to drive in areas forbidden to the public (airport area, military zones, etc.);
- by unauthorized drivers, unless additional drivers agreed with us;
- by drivers not having the required driving license subject to this Rental Agreement;
- by drivers whose driving license is not valid;
- by drivers whose driving license was revoked on the account of driving intoxicated (blood alcohol concentration above the level permitted by law), while in an otherwise unfit condition, grossly disregarding the speed limit during the last five years before the event;
- to increase the Car damage risk in case of an unforeseen event;
- for unlawful purposes, self mutilation or commitment of suicide or attempts thereof;
- with flat battery;
- with defective tire;
- with the aim of intentionally committing an offence; or
- violating the provisions of any traffic road laws of the country you are driving, including gross disregard of speed limit, in an unfit condition and driving carelessly.
4.6. Furthermore you and any additional driver are obliged:
- to keep the vehicle keys in possession and to lock the Car and keep Car registration documents with you;
- not to lock the keys inside;
- not to smoke in the Car;
- to transport pets in special containers (pet’s weight up to 32 kg, transportation in the container allowing the pet to stand, lie in a natural pose and turn around);
- to keep the Car reasonably clean inside and outside;
- not to switch off the GPS tracker, remove it, shift it or make the signal unavailable. Shall the Car be not traced through the GPS tracker for more than three hours we may call you to find out the reason. If you are not available on phone we reserve our right to contact the police and declare the car stolen;
- not to use any of your own stickers or remove any our stickers, including logos, attached advertisements;
- in case of accident to comply with all procedures described in Clause 5.2;
- to pick up the Car at the agreed place and time;
- to return the Car in the original condition at the place and in time agreed with us with full tank of petrol;
- to return the Car with full tank and in clean condition, and
- immediately inform us if the Car has been evacuated or stolen.
Any use of the Car contrary to Clauses 4.5. and 4.6 may render you liable for payment to us of fees and penalties subject toAnnex 1and/or may render your or any other driver’s full personal financial liability for direct or indirect damages, legal fees and costs resulting therefrom.
4.7. You and any additional driver may also be held financially liable for direct or indirect damages, legal fees and costs resulting from: the use of wrong fuel when filling the tank, non-observance of the maximum height limit when entering garages, underpasses, etc., the incorrect use of snow chains and ski carriers, the careless mounting of ski carriers, the careless use of the Car interior (in particular cigarette holes, tears and stains on the upholstery and carpets), false manipulation of the vehicle (mechanical damage to the clutch, gearbox, suspension, etc.), the mishandling of convertible softtops (in particular failure to close the roof in the event of rain, wind, etc.), incorrect use of electronic and electronic components, damage of tires, wheel disks and side view mirrors. This list is non-exhaustive.
4.8. At the end of the Rental Period, the Car must be dropped off with the same amount of fuel (if the tank is not full you’ll pay for missing fuel at the appropriate rates) and in the original good and working condition at the time and place agreed when making your booking.
Unless an additional option is chosen, the Car must be returned during the standard opening hours depending on the location and to our employee or agent authorized to take possession of the Car. If the Car is returned more than one hour late after the Return Time, a further Rental Day will be charged. In the event that the Car is returned early the price for the remaining days shall not be refunded to you.
You shall be liable for all damages in the event of late return and are also liable for accidental damage.
Please note in case of evening drop-off, dirty Car or in case of any other circumstance in which the conditions of the vehicle can not be accurately checked on place, we reserve the right to inspect the car at the daylight after washing it and you shall be liable for all damages found.
You shall be liable for all damages in the event of late return and are also liable for accidental damage.
5. MECHANICAL DIFFICULTIES AND ACCIDENTS
5.1. You must immediately call our support service number stated in Cl.2.3 in a situation of mechanical difficulties or Car breakdown. All our recommendation in this connection must be followed. You hereby agree that all phone conversations shall be recorded and may be further used if a dispute arises. Our prior consent must be obtained for any costs incurred in connection with fixing of such faults (such as oil and lubricants, replacement parts). Any expenses incurred with our consent will be refunded to you at the end of the Rental Period, provided that the corresponding receipts are produced. Any repairs undertaken on your own initiative are prohibited, non- refundable and may result in payment of fines.
5.2. If you get involved in any accident, including theft, break-in, misappropriation, loss, fire, damage caused by animals or other damage, you must contact us and the local police immediately. Make sure that a police report is filed. This also applies in the case of accidents caused by you without a third party being involved. It is not permitted to accept any third-party claims as valid. In the case of all the above-mentioned events, even if the damage is minor, you must immediately fill out a detailed written report blank with sketches found in the Car. In the event of an accident, the report must contain the names and addresses of all the people involved and of any witnesses as well as the registration numbers of the vehicles involved. In the event of theft, the vehicle keys, a report detailing the course of events leading up to the theft as well as the police report must be submitted to us within 24 hours. Please note that in no event you are allowed to have the damaged Car repaired. Our insurance company will need to inspect the Car before. Any repairs made under your initiative shall result in your personal financial liability.
If requested to do so by the police you must also undergo the examination by doctor. If you refuse you may be held liable personally for any damages caused and incur third party liability. In this case you and the passengers may also incur medical expenses.
The insurance cover is a part of our services. It means that provided you have committed neither breach of any applicable laws of the country you are driving (including any relevant road traffic regulations) nor breach of this Rental Agreement you will be insured against the following main risks and losses (minus the Franchise):
- third party liability insurance (injury or death of other persons, damage to or destruction of other people property) as a result of accident or incident you or any additional driver may cause. Please note the insurance does not cover claims arising from property damage by the keeper, his spouse or registered partner, his relatives in ascending or descending line, and his siblings who share the same household;
- physical damage insurance (collision, theft, natural hazards, glass breakage, fire damage, snowslide, animal damage, marten damage, malicious damage, damage of transported belongings (the insurance does not cover monetary assets, valuables, tickets, subscriptions, property with personal sentimental value, restoration cost of photos and of film, and sound recordings, computer data and files), parking damage);
- accident insurance (medical expenses, daily hospital benefits, daily benefits, disability, death).
When booking the Car you choose the Franchise Insurance option:
- When booking the Car Franchise Insurance Option is applied: the Deposit is debited or blocked from your bank card (is refunded or set off as described inClause 3.2) hereof. This amount you will be personally liable for if an insurance event occurs. Provided you and/or any additional driver have committed neither breach of any applicable laws of the country you are driving (including any relevant road traffic regulations) nor breach of this Rental Agreement the rest of the amounts shall be covered by the insurance.
Standard insurance coverage does not cover damage to roof or underbody e.g. due to failure to meet height clearance when entering garages, tunnels etc. Also, the insurance does not cover damage from improper use of tire chains and ski holders, improper bracing of ski holders, improper use of car interior (e.g, cigarette holes, holes and stains on upholstery or rugs), improper car operation (mechanical damage to the clutch, transmission, suspension etc), improper use of car electronics, damage to tires and wheel disks. This list is non-exhaustive.
For detailed information on the insurance (including the exclusions and limitations) please contact our support via e-mail, chat in the Personal Account or by phone.
7. FORCE MAJEURE
Shall our obligations to deliver the Car to you or your obligations to pick the Car from us at a specified time and date agreed be not fulfilled as the result of events or conditions beyond control, including, without limitation, any governmental act, flood, fire or other natural catastrophe, unusually severe weather (including wind, snow and ice storms), epidemic, Act of God, war, terrorist act, riot, insurrection, civil strife, national emergency, strike or other labor dispute, utility failure, failure or disruption of data processing or transmission or failure or disruption of access or supply, then your order will be cancelled, we will promptly refund to you, without any deduction for the prepaid Total Price that had been collected from you in respect of the order and we will have no further obligations with respect to the transaction.
8.1. Severance: If any provision of the Contract becomes void or unenforceable, it shall not affect the validity of the other provisions of the Contract. The parties shall replace the part affected with one expressing similar legal and economic intent, insofar as possible.
8.2. Non-Waiver: No waiver by us of any breach of Contract by you shall be considered as a waiver of any subsequent breach.
8.3. Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
8.4. Language: The Contract have been drawn up in a variety of languages for convenience only. The English version shall prevail.
9. GOVERNING LAW AND DISPUTES
9.1. The Rental Agreement is governed by Swiss law excluding any rules of private international law.
9.2. If there is a dispute which we cannot settle by direct negotiation, you agree to use the exclusive jurisdiction of the ordinary courts at our respective registered domicile. We shall however also be entitled to claim before the courts at the registered domicile or place of your residence. You expressly agree that we may use digital evidence (i.e. e-mails, digital photographs, message histories, files saved from accounting programs, spreadsheets, internet browser histories, databases, the contents of computer memory, computer backups, computer printouts, Global Positioning System tracks, logs from electronic door locks, and digital video or audio, pdf and other digital files) as an evidence in court.