If a mechanical incident occurs during the rental period, the renter must immediately notify the owner. It is their responsibility to bring the vehicle to a competent garage, previously designated by the breakdown assistance. Following a diagnostic from the garage, repairs or new parts may be necessary for the vehicle to be operational again. A written agreement in the form of an electronic message sent by email or by text message (“SMS”) from the owner must be obtained by the renter before authorizing the garage to begin work on their vehicle. If the owner gives their agreement to carry out the repairs, the renter will then be able to authorize the garage to carry out the repairs. The invoice can be paid for by the renter in order to continue the rental. The cost of the repairs will remain at the expense of the liable party depending on the cause of the incident.
In the event of an incident or mechanical breakdown that immobilises the vehicle, the renter may leave the vehicle at the garage designated by the breakdown assistance. The assistance will inform the renter about the next steps depending on the situation. In order to determine who is responsable, the renter must wait for the breakdown assistance to arrive to carry out an inventory of fixtures with the mechanic. They must also take several photos of the (inside and outside) to prove the condition of the vehicle before its removal. In the event that the vehicle is repatriated by the assistance, the renter must pay for the missing fuel compared to what was listed on the inventory form filled out before departure. If the owner refuses to carry out the repair or if the mechanical breakdown immobilizes the vehicle within a timeframe longer than that provided for by the applicable assistance, it will then be up to the owner to recover their vehicle from the garage having carried out the necessary repairs. Depending on the insurance provider, the travel costs from their home to the relevant garage may be covered, according to the conditions defined in the applicable assistance contract.
If the immobilization is due to misuse or an accident caused by the renter, the owner will be able to claim the expenses to bring the vehicle back home (way back only), from the security deposit given by the renter. If the cause of the immobilisation undefinable, the return costs will be borne equally by the owner, i.e. 50% for each party of the contract. The security deposit provided as part of the rental may be used to implement such a measure. If the immobilization of the vehicle results from normal wear and tear or from negligence related to regular maintenance, which is the owner’s responsibility, the owner must cover the entire return journey as part of the recovery of their vehicle. Concerning the distance of repatriation of the vehicle, all the countries to visit must be mentioned on the rental contract or be the subject of a written agreement with the owner. Otherwise, the renter must refund the owner the full amount of the return trip.
In the event that the mechanical incident is caused by misuse of the renter, a third party or a fixed object and the renter is found responsible, the latter will then be required to pay for all repairs incurred.
If the mechanical incident is due to normal and regular mechanical wear or poor maintenance of the vehicle, the owner will be held responsible and must assume the cost of the repairs. If the renter had to pay this amount, the owner must reimburse it upon presentation of the corresponding invoices. The renter undertakes that such repairs shall be carried out exclusively by a competent garage authorised to carry out the repairs. The renter can be released from their responsibility by providing proof that the mechanical incident(s) occurred during normal use, from regular wear and tear of the mechanics or from bad maintenance of the vehicle by the owner. The culpable party can be determined with a diagnostic report of the vehicle from an accredited engineer.
If it is not possible to determine a culpable party, both the owner and the renter will be held responsible for the cost of the repairs, at a 50/50 ratio.
