Rental conditions

Article 1 – VEHICLE USAGE CONDITIONS

At the time of vehicle delivery, the renter agrees not to use it to participate in races, rallies, competitions, or any other similar activities. They also commit not to use the vehicle for illegal purposes or for uses not in accordance with the manufacturer's recommendations.

Moreover, at every stop, the renter is required to activate the security, locking, and protection devices of the vehicle.

Article 2 – USAGE AREA

The vehicle is intended to circulate exclusively within the territory of the Republic of Tunisia.

The renter agrees not to use the vehicle outside this area without the prior written consent of the lessor.

In case the vehicle is used outside the area authorized by the contract, all resulting damages will be entirely at the renter's expense. In such cases, the renter cannot benefit from the lessor's guarantees, including franchise reduction, for any situation related to unauthorized use.

Article 3 – VEHICLE CONDITION

The vehicle is delivered in good working and body condition, with keys, registration documents, tires in good condition, a spare wheel, and standard accessories. By signing the contract, the renter accepts the vehicle in its current state and agrees to return it in the same condition, with the tires, spare wheel, and accessories in good condition.

The renter waives any compensation claims for service interruptions, incidents, or accidents due to the condition of the vehicle or its tires. The vehicle is delivered clean and must be returned in the same cleanliness condition. Otherwise, cleaning fees will be charged to the renter.

Repairs resulting from abnormal wear, damage caused by freezing, negligence, or accidental or unidentified incidents will be at the renter's expense unless they prove they are not responsible.

The renter remains responsible for any non-accidental loss or damage affecting the vehicle, keys, registration documents, tires (including punctures), rims, as well as tools, instruments, accessories, and interior or exterior equipment. They agree to reimburse the lessor for the full amount of any damage or loss, as well as vehicle immobilization fees. Repair costs will be charged based on an estimate, and prepayment will be immediately collected by the lessor.

Article 4 – RENTAL REQUIREMENTS

The driver(s) must hold a valid driving license for at least two years.

Article 5 – CONTRACT DURATION

The rental is granted for a fixed period, as indicated in the contract.

It is strictly personal and cannot be transferred to a third party under any circumstances. The renter agrees not to allow others to drive the vehicle.

In case of failure to return the vehicle on the date and time specified in the contract, the lessor reserves the right to retrieve the vehicle at any location, at the renter's sole expense. The renter cannot claim wrongful termination of the rental contract.

If the renter wishes to extend the rental, they must request it from the lessor at least 24 hours before the scheduled return date and pay the corresponding extension fees. Without a validated extension by the lessor, insurance coverage will end at the date and time specified in the contract. The lessor reserves the right to refuse any extension request.

Article 6 – VEHICLE DELIVERY

The vehicle is made available to the renter at the lessor's agencies and, unless explicitly agreed otherwise, must be returned to the same location.

The vehicle is delivered in perfect working and cleanliness condition. A joint inspection will be conducted upon delivery, and the renter must accept it. Any reservations regarding the vehicle's condition must be expressed at the time of pickup and noted in the contract.

Article 7 – VEHICLE RETURN

The vehicle must be returned to the departure agency unless prior agreement specifies otherwise. The return must occur during the agency's opening hours.

The vehicle's keys and documents must be handed over directly to the lessor's staff.

The renter agrees to return the vehicle in the condition in which it was delivered. Any damage noted during the return will be charged to the renter.

Article 8 – RESPONSIBILITY AND USAGE

The renter assumes full responsibility for the vehicle, from its pickup to its return, whether it is in use or parked.

In particular, the renter agrees:

To authorize only the drivers listed in the contract to operate the vehicle.
To drive only on roads suitable for vehicle traffic.
To not participate in any race, rally, test, preparation, or competition of any kind.
To not use the vehicle for illegal, immoral purposes or purposes not intended by the manufacturer.
To not use the vehicle for pushing, pulling, or towing another vehicle unless it is a rental vehicle equipped for this purpose.
To not drive under the influence of alcohol or substances impairing the reflexes necessary for driving.
To not transport people or goods for compensation (except for utility vehicles).
To not use the vehicle for driving lessons.
To comply with traffic regulations, customs laws, and all applicable laws and regulations.

Article 9 – FUEL AND LUBRICANT

Fuel is always at the renter's expense.

The vehicle must be returned with the same fuel level. In case of non-compliance, the lessor will refill the fuel, and this service will be charged at the current rate, in addition to the fuel cost.

Breakdowns due to insufficient fuel, incorrect fuel, or lubricant use will be the renter's responsibility.

It is the renter's responsibility to check the fuel, oil, and water levels every 500 km and ensure they are adequate throughout the rental period.

Article 10 – PAYMENT, PREPAYMENT, AND SECURITY DEPOSIT

The amounts related to the rental and the security deposit are determined based on the current rates.

At the time of vehicle pickup, the renter must pay the lessor:

The requested security deposit amount.
The estimated rental cost, calculated based on the daily rate and the planned rental period.

Rental is calculated in 24-hour periods. The renter benefits from a one-hour grace period beyond the initial rental period. After this period, an additional day will be charged.

By express agreement, the security deposit amount stated in the contract is assigned to the lessor in full ownership and may be used to cover any amounts owed by the renter in case of:

Non-payment of rent.
Damage or loss of the vehicle, in accordance with the conditions specified.
Failure to return the vehicle, except in cases of force majeure, after formal notice.

Article 11 – MAINTENANCE AND REPAIRS

Repairs related to normal wear of parts or tires are the lessor's responsibility.

However, repairs resulting from abnormal wear, negligence, or accidental or unidentified incidents are the renter's responsibility.

These repairs must be carried out without delay by the lessor, and their cost will be increased by an immobilization fee.

In either case, if the vehicle is immobilized, the renter may only have repairs performed by an authorized brand agent after obtaining written approval from the lessor.

The renter must also obtain a paid invoice and the replaced defective parts.

Article 12 – INSURANCE

Insurance duration:
The insurance is valid only during the rental period and any approved extension.

Insurance coverage:
The renter benefits from the following guarantees:

Unlimited coverage for accidents involving passengers in the rental vehicle, free of charge.
Coverage against vehicle fire, except in cases of gross negligence by the driver.
Coverage against vehicle theft, except in cases of renter negligence.
Coverage against road accidents, with a deductible of 4% of the damage value, payable by the renter.

Exclusions from coverage:
The insurance does not cover the following situations. The renter will be responsible for repair costs or the vehicle's market value in the following cases:

Driving by an unauthorized person not listed in the contract.
Damage caused without identifying a third party, or due to gross negligence or obvious misconduct (e.g., skidding, crossing a solid line, speeding).
Damage to headlights, lights, mirrors, rear windows, windshields, bumpers, vehicle paint, as well as the loss of equipment, documents, keys, or towing following an accident.
Damage due to misjudging the vehicle's dimensions (e.g., roof height, ruts, side scrapes on the bodywork).
Driving under the influence of alcohol above the legal limit or substances impairing reflexes.
Sleepiness or drowsiness of the renter.
Interior damage to the vehicle, tires, and rims, unless proven not to be due to the renter's fault or negligence.
Use of incorrect fuel.
Failure to return vehicle keys and documents, voiding theft coverage.
Damage occurring on construction sites, private roads, or closed roads.
Damage after the scheduled return date.
Damage involving another vehicle belonging to MAMICAR.
Damage caused by a vehicle registered in the renter's or their affiliates' name.
Theft by an employee or an authorized renter driver.
Damage to personal belongings and transported goods.
Accident reports submitted after vehicle return.

Accident reporting:
In the event of an accident, the renter must submit a complete report to the lessor within 24 hours by registered mail with acknowledgment of receipt.

This report must include:

The circumstances of the accident.
The date, time, and location.
The officer or agent's number.
The police or national guard report.
Names and contact details of witnesses.
Information about the third party involved in the accident.

The renter agrees not to discuss accident liability or negotiate or settle with third parties. They must also provide the lessor with all incident-related documents and relevant information.

Article 13 – VEHICLE IMMOBILIZATION

If the vehicle is immobilized due to damage, accident, theft, or mechanical failure, the renter is not entitled to compensation or a replacement vehicle.

Any immobilization costs and consequences, including towing and vehicle transport, are the renter's responsibility unless covered by the insurance policy.

Article 14 – TERMINATION

The lessor reserves the right to terminate the rental contract immediately and without compensation in the event of:

Non-compliance with any provisions of the rental agreement.
Misuse of the vehicle or negligence by the renter.
Non-payment of amounts owed.

In such cases, the renter must immediately return the vehicle.

Article 15 – APPLICABLE LAW AND DISPUTES

This contract is governed by the laws of the country where the rental is made.

In the event of a dispute, the parties agree to seek an amicable solution before initiating legal proceedings.

If no agreement is reached, jurisdiction is granted exclusively to the competent courts of the lessor's registered office location.