Terms and Conditions

Effective from 27/09/2022

 

General Condition No. 1
Minimum age: 21 years.
Must hold a valid driving license for at least 3 years.

General Condition No. 2
We accept the following payment methods: Credit Card (C.B, VISA, PREMIER, BUSINESS), certified bank cheque, cash, and holiday vouchers.

General Condition No. 3
Go Gwada (hereinafter “The Lessor”) rents to the Client (“The Renter”) whose signature appears on the front page, the tourist or utility vehicle (hereinafter “The Vehicle”) identified on the front. This rental is granted under these general conditions and the special conditions specified on the front, which the Renter accepts and agrees to comply with:

ARTICLE 1 – VEHICLE PICK-UP, CARE, AND RETURN
The Renter acknowledges receiving the Vehicle in good working order and condition, with the standard equipment and possibly the accessories listed on the front page, except for the damages identified and accepted on the vehicle silhouette diagram on the front. If the vehicle is delivered or picked up by the lessor, this service will be charged at the rate indicated in the current price brochure. The Renter has legal custody of the Vehicle and is responsible for it. The Renter agrees, when not driving, to activate the alarm if applicable, lock the vehicle with a key, and secure the anti-theft device. The return date and location are specified on the front; unless expressly extended by the lessor, failing to return the Vehicle by the scheduled return date will constitute misappropriation, exposing the Renter to legal action. Moreover, the vehicle must be returned during the agency’s opening hours as identified on the front page; otherwise, the return time for billing purposes will be the agency’s next opening time. In this case, the Renter remains responsible for any theft or damage caused to the vehicle until the agency reopens and an employee inspects the vehicle. The Lessor reserves the right to refuse any unreasonable or bad faith extension request. The Renter acknowledges being duly informed that any false declaration regarding the driving license and age will result in the loss of insurance coverage, in addition to any other damages and liabilities.

ARTICLE 2 – USE AND OPERATION OF THE VEHICLE
The Renter must drive the Vehicle carefully and in accordance with the highway code and other regulations. The Vehicle may not be used off-road, for commercial transport, for driving lessons, in sporting competitions, for rally route reconnaissance, or by any person under the influence of alcohol or drugs. The Vehicle may only be driven by the Renter or, with prior written consent from the Lessor, by any person meeting the conditions specified in the current price brochure. The Vehicle may only be used within the department of Guadeloupe unless prior written consent from the Lessor is obtained. In case of a violation of this clause, the Renter will be responsible, particularly in the event of damage or theft of the vehicle, up to the vehicle’s market value.

ARTICLE 3 – RENTAL PRICE, ADDITIONAL CHARGES, AND ACCESSORIES
The Renter will pay the Lessor:

  1. An amount corresponding to the rental period (day, week, month…) at the rate applicable to the category in the price list. Any fraction of a day is counted as a full day.
  2. The cost for loss/damage waiver (CDW), vehicle theft protection (TPC), personal accident insurance (PAI), and other various fees and charges.
  3. An additional fee: a) related to specific operational charges at certain locations, b) for each driver under 21 years of age on the contract signing date.
  4. Fuel.
  5. Return fees if the vehicle is dropped off at a location other than the agreed one.
  6. All costs incurred by the Lessor resulting from non-compliance with the terms of this contract, particularly fines for road violations and towing fees.
  7. All taxes and duties due on the above payments.
  8. In the event of an accident, if it is established that the vehicle was driven by a person not named on the contract, the Lessor reserves the right to charge the Renter an indemnity up to the vehicle’s market value.

ARTICLE 4 – PAYMENT CONDITIONS
The deposit paid to reserve the vehicle will be forfeited if the customer cannot provide a valid deposit.
The rental must be paid in advance. If the Renter wishes to keep the vehicle for a longer period than indicated in the rental agreement, they must obtain the Lessor’s approval and pay the additional rental cost 24 hours before the current rental period expires.
No refund will be issued for early return of the vehicle. No refund will be issued for cancellation of the reservation; for “commercial” reasons, the deposit will be converted into a credit to be used for a future rental.
The security deposit will be refunded upon return of the vehicle in good condition, minus any amounts due. THE INDIVIDUAL SIGNING THE CONTRACT COMMITES PERSONALLY TO PAY THE AMOUNTS DUE TO THE LESSOR. This individual is also responsible for any corporate entities or companies they represent, which will be jointly and severally liable for the consequences of this contract. The Renter cannot claim any cumulative discount on the same contract. Each rental contract will be invoiced separately. However, the Lessor may send an intermediate invoice if the rental exceeds one month. Invoices are issued in euros and must be paid in full upon receipt. IN THE CASE OF PAYMENT BY CREDIT CARD, THE RENTER AGREES THAT GO GWADA LOCATION MAY DEBIT THEIR CREDIT CARD FOR ANY OUTSTANDING ADDITIONAL FEES NOT PAID AT THE TIME OF VEHICLE RETURN.

ARTICLE 5 – RESPONSIBILITY OF THE CREDIT CARD HOLDER
When the rental is agreed upon based on the presentation of a credit card, the Lessor will charge the cardholder or the issuer of the travel voucher, exchange voucher, or order voucher. According to the contract terms, these holders or issuers are responsible for the use of the vehicle, payment of the rental and associated charges, and remain liable, particularly in the event of an extension of the rental or disappearance of the vehicle.

ARTICLE 6 – INSURANCE – PROTECTION ADD-ONS – ACCIDENTS – LOSS – THEFT
The Renter’s liability for damages caused to the Vehicle (provided they have adhered to the obligations set forth in this contract) is limited to the maximum amount (called the excess). This liability is waived (except in the case of theft) if the Renter agrees to pay the amount corresponding to the excess waiver (CDW) by signing their acceptance on the front, subject to the applicable deductible (non-waivable excess) as indicated below or in the price brochures. Even with CDW acceptance, the Renter remains fully responsible for damages to the underside of the vehicle, tires, and towing, above and beyond the excess and the non-waivable excess.

In case of an accident, the Renter agrees, under penalty of losing the benefit of insurance:
(I) to immediately notify the police if there are any injuries,
(II) to prepare a clearly written amicable report specifying the detailed circumstances of the accident, signed if possible by the driver(s) of the other vehicle(s) involved.
Failure to provide this report to the Lessor, either upon return of the vehicle or no later than 15 days after the request, will result in the Renter being required to pay a minimum indemnity equal to the excess amount, even if they have opted for the excess waiver (CDW).

Regardless of any other provision, the Renter is fully liable for any damages to the Vehicle resulting from:
(I) a clear violation of the Highway Code, such as running a red light, driving on the wrong side, or violating a no-entry sign, or
(II) negligence in driving, parking, or general use of the Vehicle, particularly any damage caused by insufficient levels of water or oil, which the Renter is required to check every 1000 kilometers, or
(III) mechanical damage due to misuse.
The Lessor cannot be held liable for losses, thefts, or damages to any goods or valuables transported or left in the Vehicle by the Renter or any other person during the rental period or after the Vehicle is returned.

In case of theft, the Renter must immediately report it to the police and return the registration card, keys, and, if applicable, the alarm or anti-theft device within 48 hours. The Renter’s responsibility will only extend to the excess amount, as specified in the price brochure, unless the TPC protection add-on was chosen and subject to the non-waivable excess.

ARTICLE 7 – MISCELLANEOUS PROVISIONS
7.1 – Any damage caused to the Vehicle by transporting objects, goods, or animals will be at the Renter’s expense.
7.2 – Any incident or dispute may, at the request of the parties, be subject to a joint expert appraisal within eight days, at the expense of the requesting party.
7.3 – Any claim related to this contract or invoicing must be made within three months from the invoice date.
7.4 – Immobilization and breakdown: under no circumstances will the Renter be entitled to claim compensation for delays in vehicle delivery, cancellation of the rental, loss of enjoyment, or immobilization due to breakdown/accident.
7.5 – Advertising on the vehicle: the Renter agrees not to remove, alter, or erase the names of Go Gwada Location or any other markings placed on the vehicle by the Lessor.

ARTICLE 8 – APPLICABLE LAW – JURISDICTION
The general and specific conditions of this rental are governed by French law.
By express agreement, and subject to mandatory applicable

laws, the Commercial Court of Pointe-à-Pitre will have exclusive jurisdiction over any dispute arising from this contract involving merchants.
However, the Lessor may waive this jurisdiction clause, in which case disputes will be brought before the courts territorially competent under common law.