TERMS OF USE OF SERVICES AND THE EUROPCAR APPLICATION
PREAMBLE
PURPOSE OF THE TERMS AND CONDITIONS OF USE
SUBSCRIPTION CONDITIONS TO THE SERVICES
ONLINE ACCOUNT CREATION
Login and password
Required personal data and documents
Additional driver
Account validation
Personal use of the account
ONLINE BOOKING PROCESS
5.1 Online booking and steps
5.2 Conclusion of the online Booking Agreement
5.3 Booking details
5.4 Booking Modification / Cancellation / No show
5.4.1 Modification
5.4.2 Cancellation and “late cancellation” fee
5.4.3 No show
5.4.4 Category of the Vehicle
6. PAYMENT
6.1 Accepted means of payment
6.2 Payment of the rental
6.3 Invoice
7. ONLINE CHECK-IN (“OLCI”)
7.1 Eligibility to Online check-in
7.1.1 The Online Check-in process has 3 different user flow : Full OLCI, Fast OLCI and Light OLCI
7.2 Deposit
7.3 Pick up pass with QR Code
8. CONTROL OF DRIVING LICENSE
9. ACCESS TO THE VEHICLE
10. ADDITIONAL INFORMATION
11. TERMS OF USE OF THE APPLICATION
11.1 Rules applying to Application
11.2 Intellectual Property
12.3 Links to third parties websites
12. DISCLAIMER OF WARRANTY
13. LIMITATION OF LIABILITY
14. CANCELLATION OF THE ACCOUNT
15. PERSONAL DATA PROTECTION POLICY
17. APPLICABLE LAW – DISPUTES
17.1 Competent jurisdiction
17.2 Mediation
18. REQUEST OF INFORMATION OR QUERIES
PREAMBLE
These terms and conditions of services and use of the Europcar’s Application (“Application”) (“ Terms and Conditions of Use ”) are issued by Europcar International, S.A.S.U, a French company with a capital of 110,000,000.00 euros, which headquarter is located in Paris (75017) - France, 13 boulevard de Berthier, registered on the Paris Trade and Companies Register under number 542.065.305 (“Europcar”) and apply to consumers for personal use and companies and professionals for professional use (“You” or “Driver” ).
Europcar and Driver are hereinafter referred to individually as a “Party” and collectively as the “Parties”.
These Terms and Conditions of Use apply in addition to the Terms and Conditions of Hire and of Insurance and Protection applicable in the country of Your destination(together “Terms and Conditions of Hire”), to the Privacy Policy (all three available in the Application in the tab “Legal information”) .
In case of contradiction between these Terms and Conditions of Use and Terms and Conditions of Hire the Parties agree that the present Terms and Conditions of Use shall prevail.
Except when this Terms and Conditions of Use expressly states the contrary, in case of contradiction between these Terms and Conditions of Use and any applicable B2B commercial agreement, that latter shall prevail.
By becoming a user of the application, You acknowledge that You have read Terms and Conditions of Use and agree to comply with them.
Europcar reserves the right to modify or amend Terms and Conditions of Use and Terms and Conditions of Hire without the prior notice.
Each time You book a Vehicle through the Application, You shall reconfirm Your acceptance of these Terms and Conditions of Use and Terms and Conditions of Hire.
PURPOSE OF THE TERMS AND CONDITIONS OF USE
The purpose of these Terms and Conditions of Use is to define (i) the terms and conditions of the Europcar’s services, which consist in providing information and offering of Europcar Vehicle rental services and related products (“Services”), and (ii) the use of Application which allows You to create an account and benefit from the Services.
Application is accessible from a mobile, subject to using the latest version of the iOS operating system.
SUBSCRIPTION CONDITIONS TO THE SERVICES
To benefit from the Services You must comply with the following conditions:
You must hold a valid European or international Driving license in Latin characters. For non European Driving license together with a national permit or a sworn translation thereof. For more information about restrictions concerning driving license in the Country of Your rental destination, please refer to the Terms and Conditions of Hire per country, by clicking
here and selecting your country of rental;
You must have a legal age to drive in the Country of Your rental destination;
You must hold an Authorised Mean of Payment on Your name;
You must not have outstanding debts/liabilities towards Europcar and its subsidiaries;
You need to have a working and charged smartphone with mobile internet access, and compatible with the Application.
ONLINE ACCOUNT CREATION
To benefit from the Services you shall create a Europcar online account through the Application.
If You already own a valid Europcar “Driver ID”, You can use it as a Europcar online account, but you may be requested to provide additional information.
To complete the creation of Your Europcar online account You should respect the following rules:
Login and password
You should identify yourself by entering Your email address or driver ID (“Login”) and password. You are responsible for maintaining the confidentiality and security of Your Login and password. Europcar advises to change regularly Your password to enhance the security of Your account.
If You forgot, lost or if Your password has been stolen, You can reset it in the Application by clicking on “Forgotten password?“. Europcar will send you an email with a link to reset Your password.
Required personal data and documents
You will be requested:
- To complete the required fields with complete and correct personal data (including Your valid and current home address, phone number, driving license etc ...).
You agree to keep Your account up-to-date. You can update Your personal data in Your account in “my profile” section.
In case of incomplete or false personal data, Europcar reserves the right to refuse Your registration or suspend account.
In no event Europcar shall be liable for any error, omission or imprecision as to the personal data communicated by You when creating an account;
- To provide with a copy of both sides of Your valid driving license that will be registered in Your account; an
- To make a picture of Yourself in accordance with the instructions displayed in the Application which will help Europcar to verify that You are the same person as on the picture of Your driving license.
Additional driver
You can not add an additional driver via the Application. If You wish to add an additional driver, all requested personal data and documents of additional driver should be provided at the Europcar’s agency.
A person who is not expressly mentioned or identified on the rental agreement, or who cannot provide a valid driving license, is not authorized to drive the Vehicle.
If You allow an unauthorized person to drive a Vehicle, then this is considered as a breach of the Terms and Conditions and You will be responsible for any consequences that may arise as a result including, but not limited to, damages caused by You and/or an unauthorized person.
In such circumstances the unauthorized driver will not be covered by any insurance or protection products You may have purchased through Europcar. Only vehicle third party liability insurance (compulsory insurance) will apply.
Account validation
The validation of Your account will be effective after the online verification of Your identity by Europcar, which will take up to one (1) hour. If Europcar is unable to verify Your identity, then Your account creation will not be finalized.
When Your account is finalized Europcar will send you by email a summary of Your account, inclusive of an electronic copy of these Terms and Condition of Use on a durable medium.
Personal use of the account
Your account is strictly personal, non transferable and can not be used by any third party. If You allow a third party to use Your account, Europcar may suspend Your account and immediately cancel any bookings that You may have made. You can also be liable for any harm caused to Europcar resulting from the use of Your account by a third party.
You can be held liable for all activities conducted through Your account, unless You provide a proof of fraudulent use for which You are not liable.
5) ONLINE BOOKING PROCESS
5.1 Online booking and steps
Through the Application, Europcar offers the online booking of the Services described below, provided by its subsidiaries, franchisees and Global Alliance partners around the world.
(i) Selection of the Services
Select Your rental criteria in the online booking form including Your requested rental dates, rental locations and choice of Vehicle.
(ii) Availabilities and rates estimation
Based on the criteria You provide, Europcar will check vehicles and rates availabilities and will provide You with information on combinations of available vehicles and rates matching Your request, if any.
The results of the above mentioned activity do not constitute an offer from Europcar for the relevant Booking/Rental.
The ‘vehicles and rates check' is defined as a booking service. You will then be asked to select the combination that best fits Your needs.
(iii) Adding extras and additional insurances and/or protections
After selecting the preferred combination, You will then be able to add extras or additional protections by clicking on the desired items.
Subject to availability, You can also add or remove extras and/or additional protections without additional charges after Your booking is confirmed and until the “Online check-in” (within 30 hours before pick-up) in Your Application or by contacting the Call Center of the country of Your booking (Call Center contact information can be found in each country’s Terms and Conditions of Booking, available on each booking website).
In this case, You will receive a confirmation of Your modification by email.
Once You validated Your “Online check-in”, You won’t be able to add or remove extras and/or additional insurance protections online anymore, but You will still have the possibility to make these change at our Europcar’s subsidiaries/franchisees’ agency without additional charges.
(iv) Driver details
If You are connected to Your account, personal data that You provided in Your account will be used for Your booking.
If You are not connected to Your account, You will be requested to complete the required fields with complete and correct personal data (including Your valid and current home address, phone number, driving license, etc.).
(v) Booking summary
You can see Your booking summary by clicking on “Booking details”. You will then be invited to read and accept the Terms and Conditions.
(vi) Payment details
Before completing Your booking, You will be asked to fill in Your payment details via the Application.
Please note that payment methods accepted by Europcar’s subsidiaries and franchisees may vary from country to country, please check the applicable Terms and Conditions of Hire for further information.
Please note that You also have the possibility to pay Your booking at the Europcar’s agency, but You will nevertheless have to provide Europcar with Your payment details at the time of booking.
In case Your payment details includes a credit card, that credit card shall be shown in the Europcar agency at the rental desk at time of rental checkout and will be used to pay any amount due for the rental and provide a deposit.
(vii) Booking request and confirmation
By completing all the mandatory fields of the booking funnel of the Application and accepting the Terms and Conditions of Use and the applicable Terms and Conditions of Hire, You are filing to Europcar a booking request.
Europcar reserves its right to accept or refuse your booking request and, subject to the successful payment of the booking (in case the of prepaid bookings). If Your booking request is accepted, Europcar will send You a booking confirmation including Your booking number and the summary of Your booking and an electronic copy on a durable medium of the Terms and Conditions of Use and the Terms and Conditions of Hire applicable to Your rental. In case of prepaid bookings, the confirmation email is also valid as a voucher to pay the rental to the Europcar subsidiary/franchisee that will provide the rental.
Europcar recommends to keep the booking request and confirmation for Your records and to ensure that only You have an access to such booking confirmation.
5.2 Conclusion of the online Booking Agreement
The acceptance of these Terms and Conditions of Use, Terms and Conditions of Hire and the receipt of booking confirmation email constitute the proof of the conclusion of a booking agreement between You and Europcar. You are therefore invited to ensure the good reception of the latter and to contact the customer service if You did not receive one of these documents.
By entering in a booking agreement with You, Europcar commits itself to book a Vehicle in Your name to the Europcar’s subsidiary/franchisee agency of the country of Your booking. In case of prepaid booking, Europcar commits itself also to provide You with a booking confirmation with the number of Your booking valid for the payment of the price of the booked rental to the Europcar’s subsidiary/franchisee agency of Your rental destination.
Please note that, at the time of vehicle pick up, You will have to sign a rental agreement with the Europcar subsidiary/franchisee active in the country of Your booking which will be responsible for the performance of the rental. The details of the Europcar subsidiary/franchisee agency that will take care of Your rental will be also indicated in the Terms and Conditions of Hire attached to the confirmation email.
5.3 Booking details
5.3.1 Booking Date: Europcar accepts bookings for same-day rentals with up to two (2) hours advance notice. Europcar accepts bookings for rentals made up to fifteen (15) months in advance.
5.3.2 Minimum Rental Period: The minimum rental period is one (1) day (exceptional hourly rentals may be available in selected Europcar’s agencies). One (1) day is interpreted as a period of twenty-four (24) hours from the hour of the pick up indicated in your rental agreement.
Vehicle collection and return is included within this twenty-four 24 hour period.
Rentals of less than twenty-four (24) hours will be charged a full day's rate except in select locations where hourly rentals are available. Certain vouchers and promotional rates require a specific minimum to qualify. For more details, about a minimum rental period, please refer to the Terms and Conditions of Hire of Your country of rental.
5.4 Booking Modification / Cancellation / No show
5.4.1 Modification
Subject to availability, You can modify Your booking until the pick up or, if You chose to make an “Online check-in”, within 30 hours before pick-up.
Please be aware that new rental prices may apply if You modify Your booking and You should always use the same communication channel that You used for the booking.
5.4.2 Cancellation and “late cancellation” fees
You may cancel the booking for free until the timeline mentioned in the Terms and Conditions of Hire of Your country of rental.
If you cancel Your booking after this timeline, Your prepaid booking will be fully refunded less a “late cancellation” fee according to country of rental (please refer to the applicable Tariff’s Guide, available by clicking
here and selecting Your country of rental). This amount will be charged either in local currency or in your billing currency, where applicable and at the exchange rate and conditions valid at the time of transaction.
In order to modify or cancel Your booking, You should be logged on the same Europcar account under which the booking was made. If a booking was made through an indirect channel (e.g.: through a broker) You may import your booking by providing Your booking details.
If not, You can not modify or cancel Your booking through the Application.
5.4.3 No show fees
If You have not cancelled and fail to come to the Europcar agency to pick up the Vehicle, the prepaid amount will be refunded less a “no show” fee according to country of rental (please refer to the applicable Tariff’s Guide, available by clicking
here and selecting Your country of rental). This amount will be charged either in local currency or in Your billing currency, where applicable and at the exchange rate and conditions valid at time of transaction.
If you did not prepay Your booking, the “no show” fee will be charged on the Mean of Payment provided with Your payment details.
5.4.4 Category of the Vehicle
Europcar’s subsidiary/franchisee’s pick up agency shall provide the requested Vehicle category as confirmed at the time of booking.
In the event that the above mentioned agency is unable to provide the Vehicle category that You requested due, in particular but not limited to, mechanical issues or late returns from previous customers, the Europcar subsidiary/franchisee will provide You with a Vehicle from a higher category without any additional charge, depending on the availability of Europcar’s fleet on that day.
6 PAYMENT
6.1 Accepted Means of Payment
You should be aware that the rules applicable to the accepted Means of Payment vary depending on the country in which the Vehicle is rented.
We advise You to check the Terms and Conditions of Hire applicable in the country of Your rental to obtain more information regarding the accepted Means of Payment.
Europcar’s subsidiaries/franchisees usually accept:
Credit cards usually accepted are “Visa”,”Mastercard”,"American Express", "Diners Club" and “JCB”.
- for domestic rentals;
- for rentals of Vehicles classified as "Lowest categories" (such as: "Mini" or "Economy").
For more information about Means of Payment accepted in the country of Your rental destination, please refer to the Terms and Conditions of Hire per country, by clicking
here and selecting your country of rental.
6.2 Payment of the rental
Europcar offers You the possibility to (i) prepay Your booking or (ii) pay Your booking at the Europcar subsidiary/franchisee’s agency:
Prepaid booking: payment of the full estimated amount of Your rental will be required at the time of booking. The credit card used for the booking and at the time of “Online check-in” must match with the name on Your driving license.
Payment at the Europcar’s agency: You can pay Your rental directly at the Europcar’s agency.
6.3 Invoice
For any details about Your invoice, please refer to the Terms and Conditions of Hire per country, by clicking
here and selecting your country of rental.
7) ONLINE CHECK-IN (“OLCI”)
7.1 Eligibility to Online check-in
Starting from 30 hours before the date of pick up of Your Vehicle, You will be invited to make an “Online check-in” (“OLCI”) allowing the Europcar’s subsidiary / franchisee or Global Alliance partners to prepare in advance Your rental agreement and the keys of the Vehicle.
Your booking will be eligible for “OLCI” if:
- You clicked on the “Activate Online Check-in” button;
- All elements of your booking have been confirmed;
- If additional drivers were added at the time of booking, You will be able to make an OLCI online but the additional driver will have to make check-in time in Europcar’s subsidiary/franchisee agency.
7.1.1 The Online Check-in process has 3 different user flow : Full OLCI, Light OLCI and Fast OLCI
- “Full OLCI” is available only for rentals made in Austria, Belgium, France, Germany, Italy, Luxembourg, Norway, Spain, Portugal, Switzerland and UK.
By activating Full Online check-in You will authorize the relevant Europcar’s subsidiary/franchisee to block a deposit on Your credit card (please see an Article 8.2 “Deposit” below).
At the end of the Full OLCI You will receive a pick up pass allowing You to identify Your booking at Europcar subsidiary/franchisee agency.
When Your booking is recognized, You will be directed to the priority line to the desk where You will sign a rental agreement and take the keys to the Vehicle.
- “Light OLCI” allows You to check and finalize Your account on Europcar's Application if Your rental is made in Australia, New Zealand or in the countries where Europcar operates its Services through franchise network.
Europcar will not send You a pick up pass. At the Europcar’s subsidiary/franchisee agency You will be asked to authorize a deposit on Your credit card and redirected to the regular line.
- “Fast OLCI” applies to professional customers (B2B) (employees of the company with which Europcar has concluded a B2B commercial Agreement) and who have a specific Mean of Payment as voucher Full credit, corporate card as AMEX, Airplus, Europcar charge card, Business account purchase order (“BHPO”), Virtual Card.
By activating Fast OLCI You will authorize Europcar to block a deposit (for Airplus cards) on Your credit card or to use these Means of Payment for any extra charges (please see an Article 8.2 “Deposit” below).
At the end of the Fast OLCI You will receive a pick up pass allowing You to identify Your booking at Europcar’s agency.
When Your booking is recognized, You will be directed to the priority line to the desk where You will sign a rental agreement and take the keys to the Vehicle.
7.2 Deposit
During a Full OLCI and Fast OLCI process, within 30 hours before the pick-up of the Vehicle, You will be asked to leave a deposit (for Airplus cards), which takes the form of a bank pre-authorization.
For “Light OLCI” or in case You have not performed and OLCI, You will be asked to authorize a deposit on Your credit card at the relevant Europcar’s subsidiary/franchisee agency.
Deposit is intended to cover any additional charges that may arise during Your rental. It also confirms that Your bank account is valid and within the available spending limit. Deposit’s amount will be blocked (not debited) on Your credit card.
If You prepaid Your booking on Europcar websites, the amount blocked to Your credit card will be the amount of the deposit;
If You prepaid Your booking on third party’s website (as a broker), the amount blocked to Your credit card will be the amount of the deposit plus estimated extras rental cost;
If You decide not to prepay You booking, You will be charged at the Europcar subsidiary/franchisee agency when You pick up Your Vehicle for the amount of the deposit plus the rental charges for the Vehicle and any accessories, any additional services or Additional Drivers or insurance and protections You decide to take out before You pick up the Vehicle.
The amount of the deposit is 300 EUR (or £250, or the equivalent in local currency) for the following countries : Austria, Belgium, France, Germany, Luxembourg, Norway, Spain, Portugal, Switzerland. For more details about deposit’s amount in other countries, please refer to the “Deposit Policy” in the Application, or to the country’s specific Terms and conditions of Hire per country available
here.
In any case, a deposit amount is recalled during Online check-in process and in the booking confirmation email.
8) CONTROL OF DRIVING LICENSE
If You create an Account in the Europcar's application, Europcar will check online Your driving license.
If You have not created an Account, Europcar will check Your driving license at the Europcar agency.
You will be notified :
If Europcar will be unable to check and verify Your driving license online. In this case Your account will be created but not verified and You will be referred to Europcar subsidiary/franchisee agency to check and verify the driving license.
(ii) If Your driving license will be close to the expiry date. In this case, You should provide in Your account a new driving license. If You do not provide a new driving license, Europcar reserves the right to suspend Your account and cancel Your current booking(s).
Before each rental, You shall declare that You still hold a valid driving license during the rental. You acknowledge that in case of false declaration, You expose Yourself to the criminal sanctions.
You undertake to notify Europcar of any circumstances which result in a restriction to Your driving license. Such circumstances may include a suspension or restriction, a court of official driving ban or the temporary seizure or confiscation of his driving license. Europcar and its subsidiaries/franchisees are also entitled to check the driving license at any time.
9) ACCESS TO THE VEHICLE
At the Europcar subsidiary/franchisee agency before the pick up, You will be invited to retrieve Your booking by:
scanning a QR code of Your pick up pass
putting the number of Your booking
putting Your last name and surname
When Your booking is recognized, You will be directed to the dedicated line to the desk to finalize Your booking and to sign a rental agreement.
10) ADDITIONAL INFORMATION
For any information regarding:
Services included in Your rental
Fees/ charges that You may have to pay
Fuel Policy
Damage Policy
Rules regarding a Vehicle maintenance
Obligation toward the Vehicle
Insurance and assistance
please refer to the Terms and Conditions of Hire per country, by clicking
here and selecting a country of Your rental destination.
11) TERMS OF USE OF THE APPLICATION
11.1 Rules applying to the Application
You undertake:
11.1.1 not to use the Application for illegal purposes or purposes that may damage the rights of Europcar or third parties, and in particular, not to use the Application to distribute damaging or illegal information, or information that is distasteful, discriminatory or offensive towards Europcar or third-parties;
11.1.2 update personal data in Your account;
11.1.3 not to provide with the false personal data or falsified document in Your account;
11.1.4 not to publish photos or content inciting to violence or threatening, pornographic, pedophile or containing nudity or gratuitous violence and more generally any photos or content that may be subject to penal sanctions ;
11.1.5 not to communicate Your Login and/or password to a third party and allow someone to access to Your account or do anything that could compromise the security of the account;
11.1.6 not to use the Services for purposes other than those for which they are intended;
11.1.7 not to disrupt access to the Application, modify the Application, use it to transmit viruses, hacking attacks, etc.;
11.1.8 not to infringe any patent, trademark, trade secret, copyright, database right or other intellectual property rights of any person or entity;
If You have violated these rules, and more generally these Terms and Conditions of Use, or if Europcar believes in good faith that such action is reasonably necessary to protect the personal safety or property of Europcar or any third partners, Europcar reserves the right to immediately suspend or cancel Your account and current booking(s).
11.2 Intellectual Property
The copyrights and the intellectual property rights of the Application and all Data are the property of Europcar unless identified as belonging to third parties. The name Europcar and any other Europcar trademarks, logos or graphics displayed on the Application are registered trademarks of Europcar or its affiliates. Other company and product or service names displayed on the Application may be the trademarks of their respective owners.
You are not granted any right or license to use any trademarks and therefore agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content of the Application and/or the products and services offered in the Application in whole or in part.
11.3 Links to third parties websites
There are several places throughout Europcar websites and this Application that may link you to other websites that do not operate under Europcar websites’ information privacy practices. When You click through to these websites, Europcar websites information privacy practices no longer apply. We recommend that You examine the privacy statements for all third party websites to understand their procedures for collecting, using, and disclosing your information.
12) DISCLAIMER OF WARRANTY
12.1.1 Use of the Application is at Your sole risk. This Application is provided on an "as is" and "as available" basis. Europcar makes no warranty or representation that (i) the Application will meet your requirements, (ii) it will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Application will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Services will meet your expectations, and (v) any errors will be corrected.
12.1.2 You will be solely responsible for any damage to Your smartphone system or loss of data that results from the use of the Application. No advice or information, whether oral or written, obtained by You from Europcar or through or from Application will create any warranty or other obligation not expressly stated in the relevant Terms and Conditions of Use.
12.1.3 Although reasonable precautions are taken to protect the security and integrity of wireless internet and network access, Europcar cannot guarantee that use of a wireless connection will be secure. Accordingly, You agree to use such services at Your own discretion and risk and acknowledge that You are solely responsible for any damage to Your smartphone system or loss of data that results. To the fullest extent permitted by applicable law, Europcar expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of Services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
13) LIMITATION OF LIABILITY
13.1 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set out in this article may not apply.
13.2 In particular, nothing in these Terms and Conditions of Use will affect Your statutory rights or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Europcar. You expressly acknowledge and agree that Europcar, its officers, directors, employees will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from use of a the Application.
13.3 You expressly acknowledge and agree that Europcar will not be liable for the use or the inability to use the Application; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Application; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Application.
13.4 You expressly acknowledge and agree that Europcar will not be liable in case of inaccuracy, illegality, or inadequacy of the personal data provided by You or in case of damage resulting from the use of personal data provided by You.
13.5 You expressly acknowledge and agree that Europcar will not be liable for any malfunction of Your smartphone equipment and its Internet access connection.
13.6 You expressly acknowledge and agree that Europcar will not be liable if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined in the article 1218 of the French Civil Code and by the jurisprudence of the “Cour de Cassation”.
13.7 You expressly acknowledge and agree that Europcar will not be liable in the event of non-compliance with the law of a foreign country from which the use of the Application would be made.
14) CANCELLATION OF THE ACCOUNT
You can cancel Your account at any time by writing to Europcar by clicking on “Contact Us” in the Application or on Europcar website. Europcar will close your account and You will no longer be able to book any Vehicle via the Application. A cancellation of Your account will also cancel Your current booking(s).
15) PERSONAL DATA PROTECTION POLICY
Our Application Privacy Policy may be consulted by clicking here:
Europcar Application Privacy Policy
16) FORCE MAJEURE
Neither Party shall be liable for failure in its performance hereunder caused by any case of Force Majeure. Force Majeure shall be considered as defined by the applicable regulation(s), as any irresistible or unforeseeable event, independent of the party suffering of the case of Force Majeure, which prevents this party from fulfilling its obligations.
17) APPLICABLE LAW – DISPUTES
The responsibility of Europcar can be claimed by You exclusively in relations to its obligations arising from the booking process (as described in clause 5.2) being Europcar extraneous to any other different obligation undertaken by the subsidiary/franchisee at the time of OLCI or at time of the rental – including those arising from the rental agreement - in relation to which any complaint or claim shall be proposed by the Client toward the relevant subsidiary/franchisee.
17.1 Competent jurisdiction
These Terms and Conditions of Use will be executed and interpreted in accordance with French law.
In the event of a dispute that may arise in connection with these Terms and Conditions of Use, their interpretation and their consequences or with the deeds supplementing or modifying them, You should contact Europcar for the purpose of attempting to reach an amicable solution.
In the absence of amicable settlement, You may choose to bring his claim before the competent Court, which is either the one of Your residence or of your elected domicile, if you are a consumer (or equated person), or in Paris in all the other cases.
17.2 Mediation
After having exhausted all internal remedies regarding these Terms of Use, and once one month has elapsed without any response from Europcar or an unsatisfactory response, You may submit your dispute to the Mediator of the Franchise-Consumer Mediation Committee by completing the claim form available on the following website:
http://www.franchise-fff.com/fff/mediation-franchise-consommateurs.html
18) REQUEST OF INFORMATION OR QUERIES
For any additional information on Your booking and for any query prior to Your arrival at the Europcar agency, please contact the booking service centre of Your country of residence or that of the County of Your rental destination.
You can also contact us, by clicking
here.